(REPRINTED WITH ADOPTED AMENDMENTS)
FIRST REPRINT S.B. 148
Senate Bill No. 148–Committee on Finance
(On Behalf of Legislative Committee on Education)
February 15, 2001
____________
Referred to Committee on Finance
SUMMARY—Makes various changes regarding education and educational personnel. (BDR 34‑219)
FISCAL NOTE: Effect on Local Government: Yes.
Effect on the State: Contains Appropriation not included in Executive Budget.
~
EXPLANATION
– Matter in bolded italics is new; matter
between brackets [omitted material] is material to be omitted.
Green numbers along left margin indicate location on the printed bill (e.g., 5-15 indicates page 5, line 15).
AN ACT relating to education; revising provisions relating to the achievement and proficiency examinations administered in public schools; revising provisions governing the increase of salary for a teacher who is certified by the National Board for Professional Teaching Standards; requiring the boards of trustees of school districts to pay the increase of salary retroactively under certain circumstances; authorizing under certain circumstances the employment of licensed teachers who do not hold endorsements in a particular subject area; requiring certain school districts to create and operate regional training programs for the professional development of teachers and administrators; creating the statewide council for the coordination of the regional training programs; authorizing under certain circumstances the licensure and employment of teachers who are not citizens of the United States; prohibiting persons from making certain threats to pupils and employees of school districts, charter schools and private schools; providing for the reimbursement of certain costs of teachers who acquire certification by the National Board for Professional Teaching Standards if money is made available; providing a penalty; 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. NRS 387.303 is hereby amended to read as follows:
1-2 387.303 1. Not later than November 10 of each year, the board of
1-3 trustees of each school district shall submit to the superintendent of public
1-4 instruction and the department of taxation a report which includes the
1-5 following information:
1-6 (a) For each fund within the school district, including, without
1-7 limitation, the school district’s general fund and any special revenue fund
2-1 which receives state money, the total number and salaries of licensed and
2-2 nonlicensed persons whose salaries are paid from the fund and who are
2-3 employed by the school district in full-time positions or in part-time
2-4 positions added together to represent full-time positions. Information must
2-5 be provided for the current school year based upon the school district’s
2-6 final budget, including any amendments and augmentations thereto, and for
2-7 the preceding school year. An employee must be categorized as filling an
2-8 instructional, administrative, instructional support or other position.
2-9 (b) The count of pupils computed pursuant to paragraph (a) of
2-10 subsection 1 of NRS 387.1233.
2-11 (c) The school district’s actual expenditures in the fiscal year
2-12 immediately preceding the report.
2-13 (d) The school district’s proposed expenditures for the current fiscal
2-14 year.
2-15 (e) The schedule of salaries for licensed employees in the current school
2-16 year and a statement of whether the negotiations regarding salaries for the
2-17 current school year have been completed. If the negotiations have not been
2-18 completed at the time the schedule of salaries is submitted, the board of
2-19 trustees shall submit a supplemental report to the superintendent of public
2-20 instruction upon completion of negotiations or the determination of an
2-21 arbitrator concerning the negotiations that includes the schedule of salaries
2-22 agreed to or required by the arbitrator.
2-23 (f) The number of teachers who received an increase in salary pursuant
2-24 to subsection 2 of NRS 391.160 for the current and preceding fiscal years.
2-25 If the board of trustees is required to pay an increase in salary
2-26 retroactively pursuant to subsection 2 of NRS 391.160, the board of
2-27 trustees shall submit a supplemental report to the superintendent of
2-28 public instruction not later than February 15 of the year in which the
2-29 retroactive payment was made that includes the number of teachers to
2-30 whom an increase in salary was paid retroactively.
2-31 (g) The number of employees eligible for health insurance within the
2-32 school district for the current and preceding fiscal years and the amount
2-33 paid for health insurance for each such employee during those years.
2-34 (h) The rates for fringe benefits, excluding health insurance, paid by the
2-35 school district for its licensed employees in the preceding and current fiscal
2-36 years.
2-37 (i) The amount paid for extra duties, supervision of extracurricular
2-38 activities and supplemental pay and the number of employees receiving
2-39 that pay in the preceding and current fiscal years.
2-40 2. On or before November 25 of each year, the superintendent of
2-41 public instruction shall submit to the department of administration and the
2-42 fiscal analysis division of the legislative counsel bureau, in a format
2-43 approved by the director of the department of administration, a compilation
2-44 of the reports made by each school district pursuant to subsection 1.
2-45 3. The superintendent of public instruction shall, in the compilation
2-46 required by subsection 2, reconcile the revenues and expenditures of the
2-47 school districts with the apportionment received by those districts from the
2-48 state distributive school account for the preceding year.
3-1 Sec. 2. NRS 389.015 is hereby amended to read as follows:
3-2 389.015 1. The board of trustees of each school district shall
3-3 administer examinations in all public schools of the school district. The
3-4 governing body of a charter school shall administer the same examinations
3-5 in the charter school. The examinations administered by the board of
3-6 trustees and governing body must determine the achievement and
3-7 proficiency of pupils in:
3-8 (a) Reading;
3-9 (b) Writing;
3-10 (c) Mathematics; and
3-11 (d) Science.
3-12 2. The examinations required by subsection 1 must be:
3-13 (a) Administered before the completion of grades 4, 8, 10 and 11.
3-14 (b) Administered in each school district and each charter school at the
3-15 same time. The time for the administration of the examinations must be
3-16 prescribed by the state board.
3-17 (c) Administered in each school in accordance with uniform procedures
3-18 adopted by the state board. The department shall monitor the compliance of
3-19 school districts and individual schools with the uniform procedures.
3-20 (d) Administered in each school in accordance with the plan adopted
3-21 pursuant to section 2 of Assembly Bill No. 214 of this [act] session by the
3-22 department and with the plan adopted pursuant to section 4 of Assembly
3-23 Bill No. 214 of this [act] by the board of trustees of the school district in
3-24 which the examinations are administered. The department shall monitor the
3-25 compliance of school districts and individual schools with:
3-26 (1) The plan adopted by the department; and
3-27 (2) The plan adopted by the board of trustees of the applicable school
3-28 district, to the extent that the plan adopted by the board of trustees of the
3-29 school district is consistent with the plan adopted by the department.
3-30 (e) Scored by the department or a single private entity that has
3-31 contracted with the state board to score the examinations. If a private entity
3-32 scores the examinations, it shall report the results of the examinations in
3-33 the form and by the date required by the department.
3-34 3. Not more than 14 working days after the results of the examinations
3-35 are reported to the department by a private entity that scored the
3-36 examinations or the department completes the scoring of the examinations,
3-37 the superintendent of public instruction shall certify that the results of the
3-38 examinations have been transmitted to each school district and each charter
3-39 school. Not more than 10 working days after a school district receives the
3-40 results of the examinations, the superintendent of schools of each school
3-41 district shall certify that the results of the examinations have been
3-42 transmitted to each school within the school district. Except as otherwise
3-43 provided in this subsection, not more than 15 working days after each
3-44 school receives the results of the examinations, the principal of each school
3-45 and the governing body of each charter school shall certify that the results
3-46 for each pupil have been provided to the parent or legal guardian of the
3-47 pupil:
3-48 (a) During a conference between the teacher of the pupil or
3-49 administrator of the school and the parent or legal guardian of the pupil; or
4-1 (b) By mailing the results of the examinations to the last known address
4-2 of the parent or legal guardian of the pupil.
4-3 If a pupil fails the high school proficiency examination, the school shall
4-4 notify the pupil and the parents or legal guardian of the pupil as soon as
4-5 practicable but not later than 15 working days after the school receives the
4-6 results of the examination.
4-7 4. Different standards of proficiency may be adopted for pupils with
4-8 diagnosed learning disabilities. If a pupil with a disability is unable to take
4-9 an examination created by a private entity under regular testing conditions
4-10 or with modifications and accommodations that are approved by the private
4-11 entity, the pupil may take the examination with modifications and
4-12 accommodations that are approved by the state board pursuant to
4-13 subsection 8. If a pupil with a disability is unable to take an examination
4-14 created by the department under regular testing conditions or with
4-15 modifications and accommodations that are approved by the department,
4-16 the pupil may take the examination with modifications and
4-17 accommodations that are approved by the state board pursuant to
4-18 subsection 8. The results of an examination that is taken under conditions
4-19 that are not approved by a private entity or the department, as applicable,
4-20 must not be reported pursuant to subsection 2 of NRS 389.017. If different
4-21 standards of proficiency are adopted or other modifications or
4-22 accommodations are made in the administration of the examinations for a
4-23 pupil who is enrolled in a program of special education pursuant to NRS
4-24 388.440 to 388.520, inclusive, other than a gifted and talented pupil, the
4-25 different standards adopted or other modifications or accommodations
4-26 must be set forth in the pupil’s program of special education developed in
4-27 accordance with the Individuals with Disabilities Education Act, 20 U.S.C.
4-28 §§ 1400 et seq., and the standards prescribed by the state board. During the
4-29 administration of the high school proficiency examination, a pupil with a
4-30 disability may be given additional time to complete the examination if the
4-31 additional time is a modification or accommodation that is approved in the
4-32 pupil’s program of special education developed in accordance with the
4-33 Individuals with Disabilities Education Act, 20 U.S.C. §§ 1400 et seq.
4-34 5. If a pupil fails to demonstrate at least adequate achievement on the
4-35 examination administered before the completion of grade 4, 8 or 10, he
4-36 may be promoted to the next higher grade, but the results of his
4-37 examination must be evaluated to determine what remedial study is
4-38 appropriate. If such a pupil is enrolled at a school that has been designated
4-39 as demonstrating need for improvement pursuant to subsection 1 of NRS
4-40 385.367, the pupil must, in accordance with the requirements set forth in
4-41 this subsection, complete remedial study that is determined to be
4-42 appropriate for the pupil.
4-43 6. If a pupil fails to pass the proficiency examination administered
4-44 before the completion of grade 11, he must not be graduated until he is
4-45 able, through remedial study, to pass the proficiency examination, but he
4-46 may be given a certificate of attendance, in place of a diploma, if he has
4-47 reached the age of 17 years.
4-48 7. The state board shall prescribe standard examinations of
4-49 achievement and proficiency to be administered pursuant to subsection 1.
5-1 The high school proficiency examination must be developed, printed and
5-2 scored by a nationally recognized testing company in accordance with
5-3 the process established by the testing company. The examinations on
5-4 reading, mathematics and science prescribed for grades 4, 8 and 10 must be
5-5 selected from examinations created by private entities and administered to
5-6 a national reference group, and must allow for a comparison of the
5-7 achievement and proficiency of pupils in grades 4, 8 and 10 in this state to
5-8 that of a national reference group of pupils in grades 4, 8 and 10. The
5-9 questions contained in the examinations and the approved answers used for
5-10 grading them are confidential, and disclosure is unlawful except:
5-11 (a) To the extent necessary for administering and evaluating the
5-12 examinations.
5-13 (b) That a disclosure may be made to a:
5-14 (1) State officer who is a member of the executive or legislative
5-15 branch to the extent that it is necessary for the performance of his duties;
5-16 (2) Superintendent of schools of a school district to the extent that it
5-17 is necessary for the performance of his duties;
5-18 (3) Director of curriculum of a school district to the extent that it is
5-19 necessary for the performance of his duties; and
5-20 (4) Director of testing of a school district to the extent that it is
5-21 necessary for the performance of his duties.
5-22 (c) That specific questions and answers may be disclosed if the
5-23 superintendent of public instruction determines that the content of the
5-24 questions and answers is not being used in a current examination and
5-25 making the content available to the public poses no threat to the security of
5-26 the current examination process.
5-27 8. The state board shall prescribe, in accordance with the Individuals
5-28 with Disabilities Education Act, 20 U.S.C. §§ 1400 et seq., the
5-29 modifications and accommodations that may be used in the administration
5-30 of an examination to a pupil with a disability who is unable to take the
5-31 examination under regular testing conditions or with modifications and
5-32 accommodations that are approved by the private entity that created the
5-33 examination or, if the department created the examination, by the
5-34 department. These regulations may include, without limitation, authorizing
5-35 a pupil to complete an examination with additional time.
5-36 Sec. 3. Chapter 391 of NRS is hereby amended by adding thereto the
5-37 provisions set forth as sections 4 to 19, inclusive, of this act.
5-38 Sec. 4. 1. If the board of trustees of a school district determines
5-39 that a shortage of teachers exists within the school district in a particular
5-40 subject area, the board of trustees may submit a written request to the
5-41 superintendent of public instruction to employ persons who are licensed
5-42 teachers but who do not hold an endorsement to teach in the subject area
5-43 for which there is a shortage of teachers. The superintendent of public
5-44 instruction may grant such a request if the superintendent determines
5-45 that a shortage of teachers exists in the subject area. If the
5-46 superintendent of public instruction grants a request pursuant to this
5-47 subsection, a person who holds a license to teach but not an endorsement
5-48 in the subject area for which the request was granted may be employed
6-1 by the school district for not more than 2 school years to teach in that
6-2 subject area.
6-3 2. If the superintendent of public instruction grants a request
6-4 pursuant to subsection 1, the superintendent shall submit a written report
6-5 to the commission that includes the name of the school district for which
6-6 the request was granted and the subject area for which the request was
6-7 granted. Upon receipt of such a report, the commission shall consider
6-8 whether to adopt revisions to the requirements for an endorsement in
6-9 that subject area to address the shortage of teachers.
6-10 Sec. 5. As used in sections 5 to 19, inclusive, of this act, unless the
6-11 context otherwise requires, the words and terms defined in sections 6 and
6-12 7 of this act have the meanings ascribed to them in those sections.
6-13 Sec. 6. “Regional training program” means a regional training
6-14 program for the professional development of teachers and administrators
6-15 created pursuant to section 8 of this act.
6-16 Sec. 7. “Statewide council” means the statewide council for the
6-17 coordination of the regional training programs created by section 9 of
6-18 this act.
6-19 Sec. 8. 1. The Clark County school district, Douglas County school
6-20 district, Elko County school district and Washoe County school district
6-21 shall each establish and operate a regional training program for the
6-22 professional development of teachers and administrators.
6-23 2. Except as otherwise provided in subsection 6, the regional training
6-24 program established by the Clark County school district must primarily
6-25 provide services to teachers and administrators who are employed by
6-26 school districts in:
6-27 (a) Clark County;
6-28 (b) Esmeralda County;
6-29 (c) Lincoln County; and
6-30 (d) Nye County.
6-31 3. Except as otherwise provided in subsection 6, the regional training
6-32 program established by the Douglas County school district must
6-33 primarily provide services to teachers and administrators who are
6-34 employed by school districts in:
6-35 (a) Carson City;
6-36 (b) Churchill County;
6-37 (c) Douglas County;
6-38 (d) Lyon County; and
6-39 (e) Mineral County.
6-40 4. Except as otherwise provided in subsection 6, the regional training
6-41 program established by the Elko County school district must primarily
6-42 provide services to teachers and administrators who are employed by
6-43 school districts in:
6-44 (a) Elko County;
6-45 (b) Eureka County;
6-46 (c) Lander County;
6-47 (d) Humboldt County; and
6-48 (e) White Pine County.
7-1 5. Except as otherwise provided in subsection 6, the regional training
7-2 program established by the Washoe County school district must primarily
7-3 provide services to teachers and administrators who are employed by
7-4 school districts in:
7-5 (a) Pershing County;
7-6 (b) Storey County; and
7-7 (c) Washoe County.
7-8 6. Each regional training program shall, when practicable, make
7-9 reasonable accommodations for the attendance of teachers and
7-10 administrators who are employed by school districts outside the primary
7-11 jurisdiction of the regional training program.
7-12 Sec. 9. 1. The statewide council for the coordination of the
7-13 regional training programs, consisting of eight members, is hereby
7-14 created. The membership of the council consists of:
7-15 (a) Each coordinator appointed by the governing body of each
7-16 regional training program pursuant to section 13 of this act; and
7-17 (b) One member of the governing body of each regional training
7-18 program, appointed by the governing body. The member appointed
7-19 pursuant to this paragraph may appoint a designee to serve in his place.
7-20 2. Each coordinator who serves on the statewide council is a member
7-21 of the statewide council only for the period of his service as coordinator
7-22 of the regional training program pursuant to section 13 of this act.
7-23 3. Each member appointed by the governing body pursuant to
7-24 paragraph (b) of subsection 1 serves a term of 2 years.
7-25 4. Members of the statewide council serve without salary or
7-26 compensation for their travel or per diem expenses.
7-27 5. The governing bodies of the regional training programs may
7-28 mutually agree to expend a portion of their respective budgets to pay for
7-29 the administrative support of the statewide council.
7-30 Sec. 10. 1. The statewide council shall meet not less than four
7-31 times per year.
7-32 2. The statewide council shall:
7-33 (a) Adopt uniform standards for use by the governing body of each
7-34 regional training program in the review and approval by the governing
7-35 body of the training to be provided by the regional training program
7-36 pursuant to sections 15 and 16 of this act. The standards must ensure
7-37 that the training provided by the regional training programs is of high
7-38 quality and is effective in addressing the training programs specified in
7-39 subsection 1 of section 16 of this act.
7-40 (b) Coordinate the dissemination of information to school districts,
7-41 administrators and teachers concerning the training, programs and
7-42 services provided by the regional training programs.
7-43 (c) Disseminate information to the regional training programs
7-44 concerning innovative and effective methods to provide professional
7-45 development.
7-46 (d) Conduct long-range planning concerning the professional
7-47 development needs of teachers and administrators employed in this state.
8-1 (e) Adopt uniform procedures for use by the governing body of each
8-2 regional training program to report the evaluation conducted pursuant to
8-3 section 18 of this act.
8-4 Sec. 11. 1. Each regional training program must have a governing
8-5 body consisting of:
8-6 (a) The superintendent of schools, or his designee, for each school
8-7 district that is included within the primary jurisdiction of the regional
8-8 training program. The superintendent of schools serves ex officio.
8-9 (b) Teachers who are considered masters, appointed by the
8-10 superintendents of schools of the school districts that are included within
8-11 the primary jurisdiction of the regional training program and the
8-12 representatives of higher education appointed to the governing body.
8-13 Each teacher who wishes to be considered for appointment to the
8-14 governing body must submit an application explaining his qualifications
8-15 as a master teacher. At least one teacher must be appointed from each
8-16 school district within the primary jurisdiction of the regional training
8-17 program.
8-18 (c) Representatives of the University and Community College System
8-19 of Nevada, appointed by the board of regents, and representatives of
8-20 other institutions of higher education, as determined by the
8-21 superintendents of school districts included within the primary
8-22 jurisdiction of the regional training program.
8-23 (d) A nonvoting member who is an employee of the department.
8-24 2. After the appointments are made, the governing body shall select a
8-25 chairman from among its membership.
8-26 3. Each member of the governing body shall serve a term of 2 years.
8-27 A person must not be appointed to serve more than three consecutive
8-28 terms.
8-29 4. A vacancy in the governing body must be filled in the same
8-30 manner as the original appointment.
8-31 Sec. 12. 1. Each governing body shall meet not less than two times
8-32 per year and at the call of the chairman.
8-33 2. Members of the governing body serve without salary or
8-34 compensation for their travel or per diem expenses.
8-35 Sec. 13. 1. The governing body of each regional training program
8-36 shall appoint a coordinator of the program, who serves at the pleasure of
8-37 the governing body.
8-38 2. The coordinator of each regional training program shall:
8-39 (a) Serve on the statewide council;
8-40 (b) Assist in the evaluation of the regional training program, as
8-41 directed by the governing body; and
8-42 (c) Perform such other duties as directed by the governing body.
8-43 Sec. 14. On an annual basis, the governing body of each regional
8-44 training program shall review the budget for the program and submit a
8-45 proposed budget to the legislative committee on education. The proposed
8-46 budget must include, without limitation, the amount of money requested
8-47 by the governing body to pay for the services of the coordinator of the
8-48 program appointed pursuant to section 13 of this act. In even-numbered
8-49 years, the proposed budget must be submitted to the legislative committee
9-1 on education at least 4 months before the commencement of the next
9-2 regular session of the legislature.
9-3 Sec. 15. The governing body of each regional training program
9-4 shall:
9-5 1. Adopt a training model, taking into consideration other model
9-6 programs, including, without limitation, the program used by the
9-7 Geographic Alliance in Nevada.
9-8 2. Assess the training needs of teachers and administrators who are
9-9 employed by the school districts within the primary jurisdiction of the
9-10 regional training program and adopt priorities of training for the
9-11 program based upon the assessment of needs. The board of trustees of
9-12 each such school district may submit recommendations to the
9-13 appropriate governing body for the types of training that should be
9-14 offered by the regional training program.
9-15 3. Prepare a 5-year plan for the regional training program, which
9-16 includes, without limitation:
9-17 (a) An assessment of the training needs of teachers and
9-18 administrators who are employed by the school districts within the
9-19 primary jurisdiction of the regional training program; and
9-20 (b) Specific details of the training that will be offered by the regional
9-21 training program for the first 2 years covered by the plan.
9-22 4. Review the 5-year plan on an annual basis and make revisions to
9-23 the plan as are necessary to serve the training needs of teachers and
9-24 administrators employed by the school districts within the primary
9-25 jurisdiction of the regional training program.
9-26 Sec. 16. 1. Based upon the assessment of needs for training within
9-27 the region and priorities of training adopted by the governing body
9-28 pursuant to section 15 of this act, each regional training program must
9-29 provide:
9-30 (a) Training for teachers in the standards established by the council to
9-31 establish academic standards for public schools pursuant to NRS
9-32 389.520; and
9-33 (b) At least one of the following types of training:
9-34 (1) Training for teachers and school administrators in the
9-35 assessment and measurement of pupil achievement and the effective
9-36 methods to analyze the test results and scores of pupils to improve the
9-37 achievement and proficiency of pupils.
9-38 (2) Training for teachers in specific content areas to enable the
9-39 teachers to provide a higher level of instruction in their respective fields
9-40 of teaching. Such training must include instruction in effective methods
9-41 to teach in a content area provided by teachers who are considered
9-42 masters in that content area.
9-43 (3) Training for teachers in the methods to teach basic skills to
9-44 pupils, such as providing instruction in reading with the use of phonics
9-45 and providing instruction in basic skills of mathematics computation.
9-46 2. The training required pursuant to subsection 1 must:
9-47 (a) Include appropriate procedures to ensure follow-up training for
9-48 teachers and administrators who have received training through the
9-49 program.
10-1 (b) Incorporate training that addresses the educational needs of:
10-2 (1) Pupils with disabilities who participate in programs of special
10-3 education; and
10-4 (2) Pupils whose primary language is not English.
10-5 3. The governing body of each regional training program shall
10-6 prepare and maintain a list that identifies programs for the professional
10-7 development of teachers and administrators that successfully incorporate
10-8 the standards of content and performance established by the council to
10-9 establish academic standards for public schools pursuant to NRS
10-10 389.520 and other training listed in subsection 1. The governing body
10-11 shall provide a copy of the list on an annual basis to school districts for
10-12 dissemination to teachers and administrators.
10-13 4. A regional training program may include model classrooms that
10-14 demonstrate the use of educational technology for teaching and learning.
10-15 Sec. 17. 1. To the extent that money is available from legislative
10-16 appropriation or otherwise, a regional training program must pay:
10-17 (a) The salaries and travel expenses of staff and other personnel
10-18 necessary to the operation of the program;
10-19 (b) Related administrative expenses; and
10-20 (c) The costs incurred to acquire equipment and space to operate the
10-21 program.
10-22 2. To the extent that money is available from legislative
10-23 appropriation or otherwise, a regional training program may provide
10-24 incentives for teachers to attend the regional training program,
10-25 including, without limitation:
10-26 (a) Arrangement for credit toward renewal of a license or an
10-27 endorsement for a license;
10-28 (b) Provision of books, supplies or instructional materials for the
10-29 classrooms; and
10-30 (c) Provision of stipends.
10-31 Sec. 18. The governing body of each regional training program
10-32 shall:
10-33 1. Establish a method for the evaluation of the success of the
10-34 regional training program. The method must be consistent with the
10-35 uniform procedures adopted by the statewide council pursuant to section
10-36 10 of this act.
10-37 2. On or before July 1 of each year, submit an annual report to the
10-38 state board, the commission, the legislative committee on education and
10-39 the legislative bureau of educational accountability and program
10-40 evaluation that includes:
10-41 (a) The priorities for training adopted by the governing body pursuant
10-42 to section 15 of this act;
10-43 (b) The type of training offered through the program in the
10-44 immediately preceding year;
10-45 (c) The number of teachers and administrators who received training
10-46 through the program in the immediately preceding year;
10-47 (d) An evaluation of the success of the program in accordance with
10-48 the method adopted pursuant to subsection 1; and
11-1 (e) The 5-year plan for the program prepared pursuant to section 15
11-2 of this act and any revisions to the plan made by the governing body in
11-3 the immediately preceding year.
11-4 Sec. 19. The board of trustees of each school district shall submit an
11-5 annual report to the state board, the commission, the legislative
11-6 committee on education and the legislative bureau of educational
11-7 accountability and program evaluation that includes for the immediately
11-8 preceding year:
11-9 1. The number of teachers and administrators employed by the
11-10 school district who received training through the program; and
11-11 2. An evaluation of whether that training included the standards of
11-12 content and performance established by the council to establish academic
11-13 standards for public schools pursuant to NRS 389.520.
11-14 Sec. 20. NRS 391.019 is hereby amended to read as follows:
11-15 391.019 1. Except as otherwise provided in NRS 391.027, the
11-16 commission:
11-17 (a) Shall adopt regulations:
11-18 (1) Prescribing the qualifications for licensing teachers and other
11-19 educational personnel and the procedures for the issuance and renewal of
11-20 such licenses.
11-21 (2) Identifying fields of specialization in teaching which require the
11-22 specialized training of teachers.
11-23 (3) [Requiring] Except as otherwise provided in section 4 of this act,
11-24 requiring teachers to obtain from the department an endorsement in a field
11-25 of specialization to be eligible to teach in that field of specialization.
11-26 (4) Setting forth the educational requirements a teacher must satisfy
11-27 to qualify for an endorsement in each field of specialization.
11-28 (5) Setting forth the qualifications and requirements for obtaining a
11-29 license or endorsement to teach American Sign Language.
11-30 (b) May adopt such other regulations as it deems necessary for its own
11-31 government or to carry out its duties.
11-32 2. Any regulation which increases the amount of education, training or
11-33 experience required for licensing:
11-34 (a) Must, in addition to the requirements for publication in chapter 233B
11-35 of NRS, be publicized before its adoption in a manner reasonably
11-36 calculated to inform those persons affected by the change.
11-37 (b) Must not become effective until at least 1 year after the date it is
11-38 adopted by the commission.
11-39 (c) Is not applicable to a license in effect on the date the regulation
11-40 becomes effective.
11-41 Sec. 21. NRS 391.060 is hereby amended to read as follows:
11-42 391.060 1. Except as otherwise provided in this section and NRS
11-43 391.070, it is unlawful for:
11-44 (a) The superintendent of public instruction to issue a license to, or a
11-45 board of trustees of a school district or a governing body of a charter
11-46 school to employ, any teacher, instructor, principal or superintendent of
11-47 schools who is not a citizen of the United States or a person who has filed a
11-48 valid declaration to become a citizen or valid petition for naturalization, or
11-49 who is not a lawful permanent resident of the United States.
12-1 (b) The state controller or any county auditor to issue any warrant to
12-2 any teacher, instructor, principal or superintendent of schools who is not a
12-3 citizen of the United States or a person who has filed a valid declaration to
12-4 become a citizen or valid petition for naturalization, or who is not a lawful
12-5 permanent resident of the United States.
12-6 2. Upon the request of a school district, the superintendent of public
12-7 instruction may issue a license to a person who does not meet the
12-8 requirements of subsection 1 but is otherwise entitled to work in the
12-9 United States pursuant to federal laws and regulations if:
12-10 (a) The school district has demonstrated to the satisfaction of the
12-11 superintendent of public instruction that a shortage of teachers exists in
12-12 the subject area for which the person is qualified;
12-13 (b) The person is otherwise qualified to teach in the subject area for
12-14 which there is a shortage of teachers, except that he does not meet the
12-15 requirements of subsection 1; and
12-16 (c) The school district agrees to employ the person to teach in the
12-17 subject area for which there is a shortage of teachers.
12-18 3. A license issued by the superintendent of public instruction
12-19 pursuant to subsection 2:
12-20 (a) Automatically expires on the date that the licensee is no longer
12-21 entitled to work in the United States pursuant to federal laws and
12-22 regulations; and
12-23 (b) Authorizes the person who holds the license to teach only in the:
12-24 (1) School district that submitted the request for the issuance of the
12-25 license to that person; and
12-26 (2) Subject area for which the person is qualified.
12-27 4. Upon compliance with all applicable federal laws and regulations,
12-28 the board of trustees of a school district may employ a person who does
12-29 not meet the requirements of subsection 1 if the person holds a license
12-30 issued by the superintendent of public instruction pursuant to subsection
12-31 2. A teacher’s employment with a school district pursuant to this
12-32 subsection automatically expires on the date that he is no longer entitled
12-33 to work in the United States pursuant to federal laws and regulations.
12-34 5. The state controller or a county auditor may issue a warrant to a
12-35 teacher who is employed pursuant to subsection 4.
12-36 6. Any person who violates any of the provisions of this section is
12-37 guilty of a misdemeanor.
12-38 Sec. 22. NRS 391.080 is hereby amended to read as follows:
12-39 391.080 1. Each teacher or other licensed employee employed in this
12-40 state whose compensation is payable out of public money, except teachers
12-41 employed pursuant to the provisions of subsection 4 of NRS 391.060 or
12-42 NRS 391.070, must take and subscribe to the constitutional oath of office
12-43 before entering upon the discharge of his duties.
12-44 2. The oath of office, when taken and subscribed, must be filed with
12-45 the department . [of education.]
12-46 3. The superintendent of public instruction, his deputy superintendents
12-47 and other members of the professional staff of the department designated
12-48 by the superintendent, members of boards of trustees of school districts,
13-1 superintendents of schools, principals of schools and notaries public may
13-2 administer the oath of office to teachers and other licensed employees.
13-3 Sec. 23. NRS 391.160 is hereby amended to read as follows:
13-4 391.160 1. The salaries of teachers and other employees must be
13-5 determined by the character of the service required. A school district shall
13-6 not discriminate between male and female employees in the matter of
13-7 salary.
13-8 2. Each year when determining the salary of a teacher who holds
13-9 certification issued by the National Board for Professional Teaching
13-10 Standards, a school district shall add 5 percent to the salary that the teacher
13-11 would otherwise receive in 1 year for his classification on the schedule of
13-12 salaries for the school district if:
13-13 (a) On or before [September 15] January 31 of the school year, the
13-14 teacher has submitted evidence satisfactory to the school district of his
13-15 current certification; and
13-16 (b) The teacher is assigned by the school district to provide classroom
13-17 instruction during that school year.
13-18 No increase in salary may be given during a particular school year to a
13-19 teacher who submits evidence of certification after [September 15]
13-20 January 31 of that school year. For the first school year that a teacher
13-21 submits evidence of his current certification, the board of trustees of the
13-22 school district to whom the evidence was submitted shall pay the increase
13-23 in salary required by this subsection retroactively to the beginning of that
13-24 school year. Once a teacher has submitted evidence of such certification to
13-25 the school district, the school district shall retain the evidence in its
13-26 records, as applicable, for future school years. An increase in salary given
13-27 in accordance with this subsection is in addition to any other increase to
13-28 which the teacher may otherwise be entitled.
13-29 3. In determining the salary of a licensed teacher who is employed by a
13-30 school district after the teacher has been employed by another school
13-31 district in this state, the present employer shall, except as otherwise
13-32 provided in subsection 6:
13-33 (a) Give the teacher the same credit for previous teaching service as he
13-34 was receiving from his former employer at the end of his former
13-35 employment;
13-36 (b) Give the teacher credit for his final year of service with his former
13-37 employer, if credit for that service is not included in credit given pursuant
13-38 to paragraph (a); and
13-39 (c) Place the teacher on the schedule of salaries of the school district in
13-40 a classification that is commensurate with the level of education acquired
13-41 by the teacher, as set forth in the applicable negotiated agreement with the
13-42 present employer.
13-43 4. A school district may give the credit required by subsection 3 for
13-44 previous teaching service earned in another state if the commission has
13-45 approved the standards for licensing teachers of that state. The commission
13-46 shall adopt regulations that establish the criteria by which the commission
13-47 will consider the standards for licensing teachers of other states for the
13-48 purposes of this subsection. The criteria may include, without limitation,
14-1 whether the commission has authorized reciprocal licensure of educational
14-2 personnel from the state under consideration.
14-3 5. In determining the salary of a licensed administrator, other than the
14-4 superintendent of schools, who is employed by a school district after the
14-5 administrator has been employed by another school district in this state, the
14-6 present employer shall, except as otherwise provided in subsection 6:
14-7 (a) Give the administrator the same credit for previous administrative
14-8 service as he was receiving from his former employer, at the end of his
14-9 former employment;
14-10 (b) Give the administrator credit for his final year of service with his
14-11 former employer, if credit for that service is not otherwise included in the
14-12 credit given pursuant to paragraph (a); and
14-13 (c) Place the administrator on the schedule of salaries of the school
14-14 district in a classification that is comparable to the classification the
14-15 administrator had attained on the schedule of salaries of his former
14-16 employer.
14-17 6. This section does not:
14-18 (a) Require a school district to allow a teacher or administrator more
14-19 credit for previous teaching or administrative service than the maximum
14-20 credit for teaching or administrative experience provided for in the
14-21 schedule of salaries established by it for its licensed personnel.
14-22 (b) Permit a school district to deny a teacher or administrator credit for
14-23 his previous teaching or administrative service on the ground that the
14-24 service differs in kind from the teaching or administrative experience for
14-25 which credit is otherwise given by the school district.
14-26 7. As used in this section:
14-27 (a) “Previous administrative service” means the total of:
14-28 (1) Any period of administrative service for which an administrator
14-29 received credit from his former employer at the beginning of his former
14-30 employment; and
14-31 (2) His period of administrative service in his former employment.
14-32 (b) “Previous teaching service” means the total of:
14-33 (1) Any period of teaching service for which a teacher received credit
14-34 from his former employer at the beginning of his former employment; and
14-35 (2)His period of teaching service in his former employment.
14-36 Sec. 24. NRS 391.170 is hereby amended to read as follows:
14-37 391.170 1. Except as otherwise provided in subsection 2, a teacher or
14-38 other employee for whom a license is required is not entitled to receive any
14-39 portion of public money for schools as compensation for services rendered
14-40 unless:
14-41 (a) He is legally employed by the board of trustees of the school district
14-42 in which he is teaching or performing other educational functions.
14-43 (b) He has a license authorizing him to teach or perform other
14-44 educational functions at the level and except as otherwise provided in
14-45 section 4 of this act, in the field for which he is employed, issued in
14-46 accordance with law and in full force at the time the services are rendered.
14-47 2. The provisions of subsection 1 do not prohibit the payment of public
14-48 money to teachers or other employees who are employed by a charter
14-49 school pursuant to the provisions of NRS 386.590 and 386.595.
15-1 Sec. 25. 1. A person shall not, through the use of any means of
15-2 oral, written or electronic communication, knowingly threaten to cause
15-3 bodily harm or death to a pupil or employee of a school district or charter
15-4 school with the intent to:
15-5 (a) Intimidate, frighten, alarm or distress a pupil or employee of a
15-6 school district or charter school;
15-7 (b) Cause panic or civil unrest; or
15-8 (c) Interfere with the operation of a public school, including, without
15-9 limitation, a charter school.
15-10 2. Unless a greater penalty is provided by specific statute, a person
15-11 who violates the provisions of subsection 1 is guilty of:
15-12 (a) A misdemeanor, unless the provisions of paragraph (b) apply to
15-13 the circumstances.
15-14 (b) A gross misdemeanor, if the threat causes:
15-15 (1) Any pupil or employee of a school district or charter school who
15-16 is the subject of the threat to be intimidated, frightened, alarmed or
15-17 distressed;
15-18 (2) Panic or civil unrest; or
15-19 (3) Interference with the operation of a public school, including,
15-20 without limitation, a charter school.
15-21 3. As used in this section, “oral, written or electronic
15-22 communication” includes, without limitation, any of the following:
15-23 (a) A letter, note or any other type of written correspondence.
15-24 (b) An item of mail or a package delivered by any person or postal or
15-25 delivery service.
15-26 (c) A telegraph or wire service, or any other similar means of
15-27 communication.
15-28 (d) A telephone, cellular phone, satellite phone, page or facsimile
15-29 machine, or any other similar means of communication.
15-30 (e) A radio, television, cable, closed-circuit, wire, wireless, satellite or
15-31 other audio or video broadcast or transmission, or any other similar
15-32 means of communication.
15-33 (f) An audio or video recording or reproduction, or any other similar
15-34 means of communication.
15-35 (g) An item of electronic mail, a modem or computer network, or the
15-36 Internet, or any other similar means of communication.
15-37 Sec. 26. NRS 392.480 is hereby amended to read as follows:
15-38 392.480 1. It is unlawful for any person to disturb the peace of any
15-39 public school by using vile or indecent language within the building or
15-40 grounds of the school. Any person who violates any of the provisions of
15-41 this subsection is guilty of a misdemeanor.
15-42 2. It is unlawful for any person to [threaten or] assault any pupil or
15-43 school employee:
15-44 (a) Within the building or grounds of the school;
15-45 (b) On a bus, van or any other motor vehicle owned, leased or chartered
15-46 by a school district to transport pupils or school employees; or
15-47 (c) At a location where the pupil or school employee is involved in an
15-48 activity sponsored by a public school.
16-1 Except under circumstances described in paragraph (c) of subsection 2 of
16-2 NRS 200.471 or in NRS 200.571, any person who violates any of the
16-3 provisions of this subsection is guilty of a misdemeanor.
16-4 3. It is unlawful for any person maliciously and purposely in any
16-5 manner to interfere with or disturb any persons peaceably assembled within
16-6 a building of a public school for school district purposes. Any person who
16-7 violates any of the provisions of this subsection is guilty of a misdemeanor.
16-8 4. For the purposes of this section “school employee” means any
16-9 licensed or unlicensed person employed by a board of trustees of a school
16-10 district pursuant to NRS 391.100.
16-11 Sec. 27. Chapter 394 of NRS is hereby amended by adding thereto a
16-12 new section to read as follows:
16-13 1. A person shall not, through the use of any means of oral, written
16-14 or electronic communication, knowingly threaten to cause bodily harm
16-15 or death to a pupil or employee of a private school with the intent to:
16-16 (a) Intimidate, frighten, alarm or distress a pupil or employee of a
16-17 private school;
16-18 (b) Cause panic or civil unrest; or
16-19 (c) Interfere with the operation of a private school.
16-20 2. Unless a greater penalty is provided by specific statute, a person
16-21 who violates the provisions of subsection 1 is guilty of:
16-22 (a) A misdemeanor, unless the provisions of paragraph (b) apply to
16-23 the circumstances.
16-24 (b) A gross misdemeanor, if the threat causes:
16-25 (1) Any pupil or employee of a private school who is the subject of
16-26 the threat to be intimidated, frightened, alarmed or distressed;
16-27 (2) Panic or civil unrest; or
16-28 (3) Interference with the operation of a private school.
16-29 3. As used in this section, “oral, written or electronic
16-30 communication” includes, without limitation, any of the following:
16-31 (a) A letter, note or any other type of written correspondence.
16-32 (b) An item of mail or a package delivered by any person or postal or
16-33 delivery service.
16-34 (c) A telegraph or wire service, or any other similar means of
16-35 communication.
16-36 (d) A telephone, cellular phone, satellite phone, page or facsimile
16-37 machine, or any other similar means of communication.
16-38 (e) A radio, television, cable, closed-circuit, wire, wireless, satellite or
16-39 other audio or video broadcast or transmission, or any other similar
16-40 means of communication.
16-41 (f) An audio or video recording or reproduction, or any other similar
16-42 means of communication.
16-43 (g) An item of electronic mail, a modem or computer network, or the
16-44 Internet, or any other similar means of communication.
16-45 Sec. 28. Section 26 of chapter 621, Statutes of Nevada 1999, at page
16-46 3395, is hereby amended to read as follows:
16-47 Sec. 26. Commencing in the 2001-2002 school year, the high
16-48 school proficiency examination that, pursuant to NRS 389.015, pupils
16-49 must pass to receive a standard high school diploma must measure the
17-1 performance of pupils on the standards of content and performance in
17-2 English [,] and mathematics [and science] established by the council
17-3 to establish academic standards for public schools created pursuant to
17-4 section 7 of this act and adopted by the state board of education. The
17-5 high school proficiency examination that measures the performance of
17-6 pupils on those standards must first be administered to pupils enrolled
17-7 in grade 11 in the 2001-2002 school year, who must pass the
17-8 examination before the completion of grade 12 to graduate with a
17-9 standard high school diploma in the 2002-2003 school year. Pupils
17-10 who graduate from high school in the 2001-2002 school year are not
17-11 required to pass the examination that measures the performance of
17-12 pupils on the standards established by the council to establish
17-13 academic standards for public schools and adopted by the state board
17-14 of education, but must pass the examination that is administered to
17-15 pupils in the immediately preceding school year.
17-16 Sec. 29. Section 5 of Senate Bill No. 36 of this session is hereby
17-17 amended to read as follows:
17-18 Sec. 5. NRS 387.303 is hereby amended to read as follows:
17-19 387.303 1. Not later than November 10 of each year, the board
17-20 of trustees of each school district shall submit to the superintendent of
17-21 public instruction and the department of taxation a report which
17-22 includes the following information:
17-23 (a) For each fund within the school district, including, without
17-24 limitation, the school district’s general fund and any special revenue
17-25 fund which receives state money, the total number and salaries of
17-26 licensed and nonlicensed persons whose salaries are paid from the
17-27 fund and who are employed by the school district in full-time
17-28 positions or in part-time positions added together to represent full-
17-29 time positions. Information must be provided for the current school
17-30 year based upon the school district’s final budget, including any
17-31 amendments and augmentations thereto, and for the preceding school
17-32 year. An employee must be categorized as filling an instructional,
17-33 administrative, instructional support or other position.
17-34 (b) The count of pupils computed pursuant to paragraph (a) of
17-35 subsection 1 of NRS 387.1233.
17-36 (c) The school district’s actual expenditures in the fiscal year
17-37 immediately preceding the report.
17-38 (d) The school district’s proposed expenditures for the current
17-39 fiscal year.
17-40 (e) The schedule of salaries for licensed employees in the current
17-41 school year and a statement of whether the negotiations regarding
17-42 salaries for the current school year have been completed. If the
17-43 negotiations have not been completed at the time the schedule of
17-44 salaries is submitted, the board of trustees shall submit a supplemental
17-45 report to the superintendent of public instruction upon completion of
17-46 negotiations or the determination of an arbitrator concerning the
17-47 negotiations that includes the schedule of salaries agreed to or
17-48 required by the arbitrator.
18-1 (f) The number of teachers who received an increase in salary
18-2 pursuant to subsection 2 of NRS 391.160 for the current and
18-3 preceding fiscal years. If the board of trustees is required to pay an
18-4 increase in salary retroactively pursuant to subsection 2 of NRS
18-5 391.160, the board of trustees shall submit a supplemental report to
18-6 the superintendent of public instruction not later than February 15 of
18-7 the year in which the retroactive payment was made that includes the
18-8 number of teachers to whom an increase in salary was paid
18-9 retroactively.
18-10 (g) The number of employees eligible for health insurance within
18-11 the school district for the current and preceding fiscal years and the
18-12 amount paid for health insurance for each such employee during those
18-13 years.
18-14 (h) The rates for fringe benefits, excluding health insurance, paid
18-15 by the school district for its licensed employees in the preceding and
18-16 current fiscal years.
18-17 (i) The amount paid for extra duties, supervision of extracurricular
18-18 activities and supplemental pay and the number of employees
18-19 receiving that pay in the preceding and current fiscal years.
18-20 (j) The expenditures from the account created pursuant to
18-21 subsection 3 of NRS 179.1187. The report must indicate the total
18-22 amount received by the district in the preceding fiscal year, and the
18-23 specific amount spent on books and computer hardware and
18-24 software for each grade level in the district.
18-25 2. On or before November 25 of each year, the superintendent of
18-26 public instruction shall submit to the department of administration and
18-27 the fiscal analysis division of the legislative counsel bureau, in a
18-28 format approved by the director of the department of administration, a
18-29 compilation of the reports made by each school district pursuant to
18-30 subsection 1.
18-31 3. The superintendent of public instruction shall, in the
18-32 compilation required by subsection 2, reconcile the revenues and
18-33 expenditures of the school districts with the apportionment received
18-34 by those districts from the state distributive school account for the
18-35 preceding year.
18-36 Sec. 30. Section 22 of Senate Bill No. 245 of this session is hereby
18-37 amended to read as follows:
18-38 Sec. 22. NRS 391.019 is hereby amended to read as follows:
18-39 391.019 1. Except as otherwise provided in NRS 391.027, the
18-40 commission:
18-41 (a) Shall adopt regulations:
18-42 (1) Prescribing the qualifications for licensing teachers and other
18-43 educational personnel and the procedures for the issuance and renewal
18-44 of such licenses.
18-45 (2) Identifying fields of specialization in teaching which require
18-46 the specialized training of teachers.
18-47 (3) Except as otherwise provided in section 4 of Senate Bill No.
18-48 148 of this [act,] session, requiring teachers to obtain from the
19-1 department an endorsement in a field of specialization to be eligible to
19-2 teach in that field of specialization.
19-3 (4) Setting forth the educational requirements a teacher must
19-4 satisfy to qualify for an endorsement in each field of specialization.
19-5 (5) Setting forth the qualifications and requirements for
19-6 obtaining a license or endorsement to teach American Sign Language
19-7 [.] , including, without limitation, being qualified to engage in the
19-8 practice of interpreting pursuant to subsection 3 of section 9 of this
19-9 act.
19-10 (6) Except as otherwise authorized by subsection 4 of section 9
19-11 of this act, requiring teachers and other educational personnel to
19-12 satisfy the qualifications set forth in subsection 3 of section 9 of this
19-13 act if they:
19-14 (I) Provide instruction or other educational services; and
19-15 (II) Concurrently engage in the practice of interpreting, as
19-16 defined in section 6 of this act.
19-17 (b) May adopt such other regulations as it deems necessary for its
19-18 own government or to carry out its duties.
19-19 2. Any regulation which increases the amount of education,
19-20 training or experience required for licensing:
19-21 (a) Must, in addition to the requirements for publication in chapter
19-22 233B of NRS, be publicized before its adoption in a manner
19-23 reasonably calculated to inform those persons affected by the change.
19-24 (b) Must not become effective until at least 1 year after the date it
19-25 is adopted by the commission.
19-26 (c) Is not applicable to a license in effect on the date the regulation
19-27 becomes effective.
19-28 Sec. 31. 1. To the extent that money is made available by legislative
19-29 appropriation, the department of education shall use that money for
19-30 reimbursement of certain costs of public school teachers related to
19-31 acquiring certification by the National Board for Professional Teaching
19-32 Standards.
19-33 2. If a public school teacher desires to obtain reimbursement from the
19-34 department of education for the costs that will be incurred in acquiring
19-35 certification by the National Board for Professional Teaching Standards, the
19-36 teacher shall file a statement of intended certification with the school
19-37 district or the governing body of the charter school by whom he is
19-38 employed. The statement must be filed at least 1 year before the teacher
19-39 reasonably believes that he will acquire the certification. Upon receipt of
19-40 such a statement, the school district or governing body shall forward a copy
19-41 of the statement to the department of education.
19-42 3. Upon certification, a public school teacher who has filed such a
19-43 statement may request reimbursement by submitting to the school district
19-44 or the governing body of the charter school by whom he is employed:
19-45 (a) A written statement indicating that the teacher understands that if he
19-46 does not teach in a public school in this state, including, without limitation,
19-47 a charter school, for at least 2 years after the date on which he receives the
19-48 reimbursement, he will be required to repay the reimbursement in full to
19-49 the department of education;
20-1 (b) Proof that he has acquired the certification; and
20-2 (c) A statement of the costs incurred by the teacher in acquiring the
20-3 certification.
20-4 4. A school district or the governing body of a charter school shall
20-5 verify the certification and the statement of costs submitted by a teacher
20-6 pursuant to subsection 3. Upon verification, the school district or governing
20-7 body shall notify the department of education of the certification and the
20-8 amount of verified costs and shall request the department to reimburse the
20-9 teacher. Upon receipt of such a request, the department shall cause the
20-10 teacher to be reimbursed if the teacher agrees to teach in a public school in
20-11 this state, including, without limitation, a charter school, for at least 2 years
20-12 after the date on which he receives the reimbursement. Such a
20-13 reimbursement must not exceed an amount equal to the actual verified costs
20-14 incurred by the teacher or $2,000, whichever is less, to the extent that
20-15 money is available for this purpose.
20-16 5. Except as otherwise provided in this subsection, if a teacher who
20-17 receives a reimbursement pursuant to this section does not teach in a public
20-18 school in this state, including, without limitation, a charter school, for at
20-19 least 2 years after the date on which he received the reimbursement, the
20-20 teacher shall repay the full amount of the reimbursement to the department
20-21 of education. The teacher may request that the department of education
20-22 grant a waiver from the repayment required by this subsection. The
20-23 department of education may grant a waiver if the department determines
20-24 that the teacher suffers from a hardship that warrants a waiver. The
20-25 department of education shall prescribe the procedures for the repayment
20-26 required by this subsection and the procedures for a teacher to request a
20-27 waiver from the repayment.
20-28 Sec. 32. The board of trustees of a school district shall pay the
20-29 increase in salary required by subsection 2 of NRS 391.160 retroactively
20-30 for the 2000-2001 school year for each teacher employed by the board of
20-31 trustees who:
20-32 1. Acquired certification by the National Board for Professional
20-33 Teaching Standards in the year 2000;
20-34 2. Submits evidence satisfactory to the school district of the teacher’s
20-35 current certification; and
20-36 3. Provided classroom instruction during the 2000-2001 school year.
20-37 Sec. 33. The legislature hereby finds and declares that a general law
20-38 cannot be made applicable for the provisions of sections 5 to 19, inclusive,
20-39 of this act because of the geographic diversity of the areas served by the
20-40 school districts in this state which creates a need for the training of teachers
20-41 and administrators that is specific to the region in which those teachers and
20-42 administrators are employed. The legislature believes that the creation of
20-43 regional training programs for the professional development of teachers
20-44 and administrators is the most effective way to provide high quality and
20-45 effective professional development training for the teachers and
20-46 administrators employed in this state.
20-47 Sec. 34. On or before July 1, 2001, appointments must be made to the
20-48 governing body of each regional training program for the professional
20-49 development of teachers and administrators pursuant to section 11 of this
21-1 act to terms commencing on that date. A person who serves on a governing
21-2 body before July 1, 2001, may be reappointed pursuant to this section. If a
21-3 person who serves on a governing body before July 1, 2001, is reappointed
21-4 pursuant to this section, his appointment shall be deemed his first term for
21-5 purposes of subsection 3 of section 11 of this act.
21-6 Sec. 35. On or before September 1, 2001, the governing body of each
21-7 regional training program shall appoint a coordinator of the program
21-8 pursuant to section 13 of this act.
21-9 Sec. 36. On or before September 1, 2001, appointments must be made
21-10 to the statewide council for the coordination of the regional training
21-11 programs created pursuant to section 9 of this act.
21-12 Sec. 37. For purposes of the 2001-2002 school year and the 2002-
21-13 2003 school year, the governing body of each regional training program for
21-14 the professional development of teachers and administrators may expend a
21-15 reasonable amount from the budget of the program to pay for the services
21-16 of the coordinator of the program appointed pursuant to section 13 of this
21-17 act. The amount expended pursuant to this section must comply with the
21-18 budget submitted by the governing body to the legislative bureau of
21-19 educational accountability and program evaluation for the 2001-2003
21-20 biennium.
21-21 Sec. 38. Commencing in the 2003-2004 school year, the high school
21-22 proficiency examination that, pursuant to NRS 389.015, pupils must pass
21-23 to receive a standard high school diploma must measure the performance
21-24 of pupils on the standards of content and performance in science
21-25 established by the council to establish academic standards for public
21-26 schools pursuant to NRS 389.520 and adopted by the state board of
21-27 education. The high school proficiency examination that measures the
21-28 performance of pupils in the standards of content and performance in
21-29 science established by the council to establish academic standards for
21-30 public schools must first be administered to pupils enrolled in grade 11 in
21-31 the 2003-2004 school year, who must pass the examination before the
21-32 completion of grade 12 to graduate with a standard high school diploma in
21-33 the 2004-2005 school year. Pupils who graduate in the 2003-2004 school
21-34 year are not required to pass the examination that measures the
21-35 performance of pupils on the standards in science established by the
21-36 council to establish academic standards for public schools, but must pass
21-37 the examination that is administered to pupils in the immediately preceding
21-38 school year.
21-39 Sec. 39. Notwithstanding the provisions of NRS 389.015 to the
21-40 contrary, the board of trustees of a school district and the governing body
21-41 of a charter school shall, for the 2002-2003 school year, administer the
21-42 norm-referenced examinations on reading, mathematics and science that
21-43 are otherwise required to be administered to pupils who are enrolled in
21-44 grade 8 to pupils who are enrolled in grade 7, rather than to pupils who are
21-45 enrolled in grade 8. In addition, the results of the examinations
21-46 administered to pupils enrolled in grade 7 must be reported as the results of
21-47 the examinations are otherwise reported pursuant to NRS 385.347 and
21-48 389.017.
22-1 Sec. 40. 1. If money is appropriated by the legislature for the 2001-
22-2 2003 biennium for the development of a new criterion-referenced
22-3 examination for pupils who are enrolled in grade 8, the state board of
22-4 education shall, on or before December 1, 2002, pursuant to the
22-5 recommendations of the council to establish academic standards for public
22-6 schools, develop or purchase examinations that measure the achievement
22-7 and proficiency of pupils who are enrolled in grade 8 on the standards of
22-8 content and performance established by the council. The examinations
22-9 must be scored by a single entity, the department of education, or a school
22-10 district on behalf of the other school districts.
22-11 2. The department of education shall conduct a pilot program of the
22-12 examinations or the questions included on the examinations in the spring
22-13 semester of 2002.
22-14 3. The examinations must be administered to all pupils, as required by
22-15 NRS 389.550, commencing in the spring semester of 2003. The results of
22-16 those examinations must be used solely to gather information and data
22-17 concerning the examinations.
22-18 Sec. 41. 1. The department of education shall allow the legislative
22-19 counsel bureau to participate, to the extent practicable, in the process for
22-20 the review and selection of contractors for the development, printing,
22-21 administration and scoring of examinations that are required pursuant to
22-22 NRS 389.015 and 389.550. The department shall provide to the legislative
22-23 counsel bureau a copy of any solicitation for bids for such contractors.
22-24 2. The department of education shall not enter into a contract with a
22-25 testing vendor unless the contract includes a provision to allow the testing
22-26 vendor to respond to requests by the legislative counsel bureau for
22-27 information at no additional cost to the department, to the extent that the
22-28 information that is requested will not compromise any proprietary or
22-29 confidentiality agreements.
22-30 Sec. 42. The provisions of this act do not apply to offenses committed
22-31 before July 1, 2001.
22-32 Sec. 43. 1. This section and sections 5, 7 to 19, inclusive, and 33 to
22-33 37, inclusive, of this act become effective upon passage and approval.
22-34 2. Sections 3, 4, 25 to 28, inclusive, 30, 31, 32 and 38 to 42, inclusive,
22-35 of this act become effective on July 1, 2001.
22-36 3. Sections 1 and 6 of this act become effective at 12:01 a.m. on
22-37 July 1, 2001.
22-38 4. Sections 2 and 29 of this act become effective at 12:02 a.m. on
22-39 July 1, 2001.
22-40 H