Senate Bill No. 165–Committee on Human Resources
and Facilities

 

(On Behalf of Legislative Committee on Education)

 

February 15, 2001

____________

 

Referred to Committee on Human Resources and Facilities

 

SUMMARY—Makes various changes regarding education. (BDR 34‑218)

 

FISCAL NOTE:            Effect on Local Government: No.

                                    Effect on the State: No.

 

~

 

EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

 

AN ACT relating to education; revising provisions governing the accountability of public schools; revising provisions governing the requirements for a person to take the tests of general educational development; revising provisions governing the count of pupils and the calculation of basic support under certain circumstances; revising provisions governing the reporting of results of certain achievement and proficiency examinations; revising the requirements for a course in American government and a course in American history; 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 385.373 is hereby amended to read as follows:

1-2    385.373  If the department designates a school as demonstrating need

1-3  for improvement pursuant to NRS 385.367 for 2 consecutive years or

1-4  pursuant to NRS 385.368 for 1 year, the department shall:

1-5    1.  Place the school on academic probation.

1-6    2.  Prepare for that school a plan [to:] which:

1-7    (a) Is unique to the needs and goals of the school;

1-8    (b) Sets forth goals and objectives that are specific, measurable and

1-9  conducive to reliable evaluation; and

1-10    (c) Is designed to:

1-11      (1) Improve the achievement of the pupils who are enrolled in the

1-12  school as measured by the examinations required pursuant to NRS

1-13  389.015.

1-14    [(b)] (2) If the school received a designation pursuant to NRS 385.368,

1-15  increase the number of pupils who take the examinations required pursuant

1-16  to NRS 389.015 and ensure that all eligible pupils who are in attendance on

2-1  the day that the examinations are administered are given an opportunity to

2-2  take the examinations.

2-3    3.  When applicable, amend the plan to incorporate the revisions

2-4  adopted by the panel established to supervise the academic probation of

2-5  the school, as required by subsection 6 of NRS 385.381.

2-6    4.  On or before May 1 of the year in which the second designation was

2-7  made pursuant to NRS 385.367 or the first designation was made pursuant

2-8  to NRS 385.368, submit the plan to the:

2-9    (a) Board of trustees of the school district in which the school is

2-10  located;

2-11    (b) Governor;

2-12    (c) State board;

2-13    (d) Committee; and

2-14    (e) Bureau.

2-15    Sec. 2.  NRS 385.375 is hereby amended to read as follows:

2-16    385.375  If the department designates a school as demonstrating need

2-17  for improvement pursuant to NRS 385.367 for 3 or more consecutive years

2-18  or pursuant to NRS 385.368 for 2 or more consecutive years:

2-19    1.  The department shall:

2-20    (a) Continue the academic probation of the school;

2-21    (b) Prepare for that school a plan [to:] which:

2-22      (1) Is unique to the needs and goals of the school;

2-23      (2) Sets forth goals and objectives that are specific, measurable and

2-24  conducive to reliable evaluation; and

2-25      (3) Is designed to:

2-26        (I) Improve the achievement of the school’s pupils as measured by

2-27  the examinations required pursuant to NRS 389.015; and

2-28      [(2)] (II) If the school received a designation pursuant to NRS

2-29  385.368, increase the number of pupils who take the examinations required

2-30  pursuant to NRS 389.015; [and]

2-31    (c) When applicable, amend the plan to incorporate the revisions

2-32  adopted by the panel established to supervise the academic probation of

2-33  the school, as required by subsection 6 of NRS 385.381; and

2-34    (d) On or before May 1 of the year in which the third or subsequent

2-35  designation was made pursuant to NRS 385.367 or the second or

2-36  subsequent designation was made pursuant to NRS 385.368, submit the

2-37  plan to the:

2-38      (1) Board of trustees of the school district in which the school is

2-39  located;

2-40      (2) Governor;

2-41      (3) State board;

2-42      (4) Committee; and

2-43      (5) Bureau.

2-44  A plan prepared and submitted by the department pursuant to this

2-45  subsection must contain specific information about the school, including,

2-46  but not limited to, information concerning the administrative operation of

2-47  the school, the curriculum of the school and the financial and other

2-48  resources of the school.

3-1    2.  [The] In addition to the follow-up report required pursuant to

3-2  subsection 5 of NRS 385.381, the board of trustees of the school district in

3-3  which the school is located shall, until such time as the school is designated

3-4  as demonstrating exemplary achievement, high achievement or adequate

3-5  achievement pursuant to NRS 385.365, make two reports per year, one at

3-6  the end of each semester, to the department, the committee, the bureau and

3-7  the governor concerning the progress of the school in carrying out the plan

3-8  prepared pursuant to subsection 1.

3-9    Sec. 3.  NRS 385.381 is hereby amended to read as follows:

3-10    385.381  1.  A panel established pursuant to NRS 385.378 shall:

3-11    (a) Review the most recent plan to improve the achievement of the

3-12  school’s pupils prepared by the department for the school [pursuant to

3-13  NRS 385.373 or 385.375 or the plan prepared by the board of trustees of

3-14  the school district pursuant to NRS 385.364 or 385.371;] and the most

3-15  recent written report and written procedure prepared by the board of

3-16  trustees of the school district pursuant to subsection 3 of NRS 385.351;

3-17    (b) Identify and investigate the problems and factors at the school that

3-18  contributed to the designation of the school as demonstrating need for

3-19  improvement;

3-20    (c) Hold a public meeting to discuss the actions that the school will

3-21  need to take to warrant receiving a designation of demonstrating exemplary

3-22  achievement, high achievement or adequate achievement;

3-23    [(d) On or before December 1,] and

3-24    (d) In accordance with its findings pursuant to this subsection and

3-25  subsection 2, adopt written revisions to the most recent plan to improve

3-26  the achievement of the school’s pupils prepared by the department for the

3-27  school. The written revisions must:

3-28      (1) Include the data and findings of the panel that provide support

3-29  for the revisions;

3-30      (2) Set forth goals and objectives for the school that are:

3-31        (I) Designed to improve the achievement of the school’s pupils;

3-32        (II) Specific;

3-33        (III) Measurable; and

3-34        (IV) Conducive to reliable evaluation;

3-35      (3) Set forth a timeline to carry out the revisions, which must

3-36  provide for full implementation not later than 1 year after the panel

3-37  adopts the revisions;

3-38      (4) Set forth priorities for the school in carrying out the revisions;

3-39  and

3-40      (5) Set forth the duties of each person who is responsible for

3-41  carrying out the revisions.

3-42    2.  In addition to the duties prescribed in subsection 1, a panel

3-43  established pursuant to NRS 385.378 shall prepare a written report that

3-44  includes [an] :

3-45    (a) A written response by the school district that is prepared in

3-46  accordance with subsection 3;

3-47    (b) Information concerning the most recent plan to improve the

3-48  achievement of the school’s pupils prepared by the department,

3-49  including, without limitation, an evaluation of:

4-1       (1) The appropriateness of the plan for the school; and

4-2       (2) Whether the school has achieved the goals and objectives set

4-3  forth in the plan;

4-4    (c) The written revisions to the plan to improve the achievement of the

4-5  school’s pupils adopted by the panel pursuant to paragraph (d) of

4-6  subsection 1;

4-7    (d) A summary of each program for remediation, if any, purchased

4-8  for the school with money that is available from the Federal

4-9  Government, this state and the school district in which the school is

4-10  located, including, without limitation:

4-11      (1) The name of the program;

4-12      (2) The date on which the program was purchased and the date on

4-13  which the program was carried out by the school;

4-14      (3) The percentage of personnel at the school who were trained

4-15  regarding the use of the program;

4-16      (4) The satisfaction of the personnel at the school with the

4-17  program; and

4-18      (5) An evaluation of whether the program has improved the

4-19  academic achievement of the pupils enrolled in the school who

4-20  participated in the program;

4-21    (e) An analysis of the problems and factors at the school which

4-22  contributed to the designation of the school as demonstrating need for

4-23  improvement, including, without limitation, issues relating to:

4-24      (1) The financial resources of the school;

4-25      (2) The administrative and educational personnel of the school;

4-26      (3) The curriculum of the school;

4-27      (4) The facilities available at the school, including the availability

4-28  and accessibility of educational technology; and

4-29      (5) Any other factors that the panel believes contributed to the

4-30  designation of the school as demonstrating need for improvement;

4-31    [(e) Submit] and

4-32    (f) Other information concerning the school, including, without

4-33  limitation:

4-34      (1) The results of the pupils who are enrolled in the school on the

4-35  examinations that are administered pursuant to NRS 389.015;

4-36      (2) Records of the attendance and truancy of pupils who are

4-37  enrolled in the school;

4-38      (3) The transiency rate of pupils who are enrolled in the school;

4-39      (4) A description of the number of years that each teacher has

4-40  provided instruction at the school and the rate of turnover of teachers

4-41  and other educational personnel employed at the school;

4-42      (5) A description of the participation of parents and legal guardians

4-43  in the educational process and other activities relating to the school;

4-44      (6) A description of each source of money for the remediation of

4-45  pupils who are enrolled in the school; and

4-46      (7) A description of the disciplinary problems of the pupils who are

4-47  enrolled in the school, including, without limitation, the information

4-48  contained in paragraphs (k) to (n), inclusive, of subsection 2 of NRS

4-49  385.347.

5-1    3.  Before a written report prepared pursuant to subsection 2 is

5-2  finalized, the panel shall submit a copy of the report to the

5-3  superintendent of schools of the school district in which the school is

5-4  located and discuss the report with the superintendent. The

5-5  superintendent shall, in consultation with the members of the board of

5-6  trustees of the school district, prepare a written response to the report

5-7  that includes, without limitation:

5-8    (a) A statement of the explanation or rebuttal of the school district

5-9  concerning any findings contained in the report; and

5-10    (b) Specific plans of the school district to improve the designation of

5-11  the school and the resources that will be used to carry out those plans.

5-12  The written response of the school district must be included in the final

5-13  report of the panel prepared pursuant to subsection 2.

5-14    4.  On or before December 1, the panel shall submit a copy of the

5-15  final written report to the:

5-16      [(1)] (a) Principal of the school;

5-17      [(2)] (b) Board of trustees of the school district in which the school is

5-18  located;

5-19      [(3)] (c) Superintendent of schools of the school district in which the

5-20  school is located;

5-21      [(4)] (d) Superintendent of public instruction;

5-22      [(5)] (e) Governor;

5-23      [(6)] (f) State board;

5-24      [(7)] (g) Department;

5-25      [(8)] (h) Committee; and

5-26      [(9) Bureau;

5-27    (f) Make]

5-28    (i) Bureau.

5-29  The panel shall make the written report available, upon request, to each

5-30  parent or legal guardian of a pupil who is enrolled in the school . [; and

5-31    (g) In accordance with its findings pursuant to this subsection, adopt

5-32  revisions to the most recent plan prepared by the department for the school

5-33  pursuant to NRS 385.373 or 385.375.]

5-34    5.  Upon receipt of a final report submitted to the board of trustees of

5-35  a school district pursuant to paragraph (b) of subsection 4, the board of

5-36  trustees shall review the report at a public meeting of the board. Not later

5-37  than 60 days after receipt of a final report, the board of trustees of the

5-38  school district shall prepare a follow-up report that identifies the actions

5-39  taken by the board of trustees and the school district to carry out the

5-40  recommendations contained in the final report, including, without

5-41  limitation, the revisions to the plan to improve the achievement of the

5-42  school’s pupils adopted by the panel. The board of trustees shall submit a

5-43  copy of the follow-up report to the:

5-44      (1) Principal of the school;

5-45      (2) Superintendent of schools of the school district in which the

5-46  school is located;

5-47      (3) Superintendent of public instruction;

5-48      (4) Governor;

5-49      (5) State board;

6-1       (6) Department;

6-2       (7) Committee; and

6-3       (8) Bureau.

6-4    [2.] 6.  The department shall, not more than 1 month after receiving the

6-5  final written report submitted by the panel:

6-6    (a) Amend the most recent plan prepared by the department for the

6-7  school . [pursuant to NRS 385.373 or 385.375.] In amending the plan, the

6-8  department shall incorporate the revisions adopted by the panel pursuant to

6-9  paragraph [(g)] (d) of subsection 1.

6-10    (b) Submit to the panel a copy of an amended plan for the school which

6-11  demonstrates to the satisfaction of the panel that the department

6-12  incorporated the revisions adopted by the panel pursuant to paragraph [(g)]

6-13  (d) of subsection 1.

6-14    [3.] 7.  The department shall submit to the panel a copy of the

6-15  designation that it gives to the school pursuant to NRS 385.363 or NRS

6-16  385.368 for the school year immediately succeeding the establishment of

6-17  the panel. If the school does not earn a designation as demonstrating

6-18  exemplary achievement, high achievement or adequate achievement for the

6-19  school year immediately succeeding the establishment of the panel, the

6-20  panel shall take such action pursuant to subsection 1 and NRS 385.383 as it

6-21  deems necessary to ensure that the school takes action to improve its

6-22  designation.

6-23    Sec. 4.  NRS 385.448 is hereby amended to read as follows:

6-24    385.448  1.  A person who:

6-25    (a) Is [16] 17 years of age or older;

6-26    (b) If he is at least [16] 17 years of age but less than 18 years of age,

6-27  submits to the state board written permission signed by his parent or legal

6-28  guardian;

6-29    (c) Has not graduated from a high school;

6-30    (d) Is not currently enrolled in a high school; and

6-31    (e) Satisfies any other requirements prescribed by the state board,

6-32  may take the tests of general educational development prescribed by the

6-33  state board.

6-34    2.  The board of trustees of a school district may, upon request and

6-35  for good cause shown, grant permission to take the tests of general

6-36  educational development prescribed by the state board to a person who:

6-37    (a) Resides in the school district;

6-38    (b) Is at least 16 years of age but less than 17 years of age;

6-39    (c) Submits to the board of trustees written permission signed by his

6-40  parent or legal guardian;

6-41    (d) Has not graduated from a high school;

6-42    (e) Is not currently enrolled in a high school; and

6-43    (f) Satisfies any other requirements prescribed by the board of

6-44  trustees.

6-45    3.  The state board may adopt regulations to carry out the provisions of

6-46  [this section.

6-47    3.] subsection 1.

6-48    4.  As used in this section, “tests of general educational development”

6-49  means examinations which enable persons who have not graduated from

7-1  high school to demonstrate that they have achieved an educational level

7-2  which is an acceptable substitute for completing a high school education.

7-3    Sec. 5.  NRS 387.123 is hereby amended to read as follows:

7-4    387.123  1.  The count of pupils for apportionment purposes includes

7-5  all pupils who are enrolled in programs of instruction of the school district

7-6  or pupils who reside in the county in which the school district is located

7-7  and are enrolled in any charter school for:

7-8    (a) Pupils in the kindergarten department.

7-9    (b) Pupils in grades 1 to 12, inclusive.

7-10    (c) Pupils not included under paragraph (a) or (b) who are receiving

7-11  special education pursuant to the provisions of NRS 388.440 to 388.520,

7-12  inclusive.

7-13    (d) Children detained in detention homes, alternative programs and

7-14  juvenile forestry camps receiving instruction pursuant to the provisions of

7-15  NRS 388.550, 388.560 and 388.570.

7-16    (e) Pupils who are enrolled in classes pursuant to subsection 4 of NRS

7-17  386.560.

7-18    (f) Pupils who are enrolled in classes pursuant to subsection 3 of NRS

7-19  392.070.

7-20    (g) [Part-time pupils] Pupils who are enrolled in classes and taking

7-21  courses necessary to receive a high school diploma, excluding those pupils

7-22  who are included in paragraphs (e) and (f).

7-23    2.  The state board shall establish uniform regulations for counting

7-24  enrollment and calculating the average daily attendance of pupils. In

7-25  establishing such regulations for the public schools, the state board:

7-26    (a) Shall divide the school year into 10 school months, each containing

7-27  20 or fewer school days.

7-28    (b) May divide the pupils in grades 1 to 12, inclusive, into categories

7-29  composed respectively of those enrolled in elementary schools and those

7-30  enrolled in secondary schools.

7-31    (c) Shall prohibit the counting of any pupil specified in subsection 1

7-32  more than once.

7-33    3.  Except as otherwise provided in subsection 4 and NRS 388.700, the

7-34  state board shall establish by regulation the maximum pupil-teacher ratio in

7-35  each grade, and for each subject matter wherever different subjects are

7-36  taught in separate classes, for each school district of this state which is

7-37  consistent with:

7-38    (a) The maintenance of an acceptable standard of instruction;

7-39    (b) The conditions prevailing in the school district with respect to the

7-40  number and distribution of pupils in each grade; and

7-41    (c) Methods of instruction used, which may include educational

7-42  television, team teaching or new teaching systems or techniques.

7-43  If the superintendent of public instruction finds that any school district is

7-44  maintaining one or more classes whose pupil-teacher ratio exceeds the

7-45  applicable maximum, and unless he finds that the board of trustees of the

7-46  school district has made every reasonable effort in good faith to comply

7-47  with the applicable standard, he shall, with the approval of the state board,

7-48  reduce the count of pupils for apportionment purposes by the percentage

7-49  which the number of pupils attending those classes is of the total number of

8-1  pupils in the district, and the state board may direct him to withhold the

8-2  quarterly apportionment entirely.

8-3    4.  A charter school is not required to comply with the pupil-teacher

8-4  ratio prescribed by the state board pursuant to subsection 3.

8-5    Sec. 6.  NRS 387.1233 is hereby amended to read as follows:

8-6    387.1233  1.  Except as otherwise provided in subsection 2, basic

8-7  support of each school district must be computed by:

8-8    (a) Multiplying the basic support guarantee per pupil established for that

8-9  school district for that school year by the sum of:

8-10      (1) Six-tenths the count of pupils enrolled in the kindergarten

8-11  department on the last day of the first school month of the school district

8-12  for the school year, including, without limitation, the count of pupils who

8-13  reside in the county and are enrolled in any charter school on the last day

8-14  of the first school month of the school district for the school year.

8-15      (2) The count of pupils enrolled in grades 1 to 12, inclusive, on the

8-16  last day of the first school month of the school district for the school year,

8-17  including, without limitation, the count of pupils who reside in the county

8-18  and are enrolled in any charter school on the last day of the first school

8-19  month of the school district for the school year.

8-20      (3) The count of pupils not included under subparagraph (1) or (2)

8-21  who are receiving special education pursuant to the provisions of NRS

8-22  388.440 to 388.520, inclusive, on the last day of the first school month of

8-23  the school district for the school year, excluding the count of pupils who

8-24  have not attained the age of 5 years and who are receiving special

8-25  education pursuant to subsection 1 of NRS 388.490 on that day.

8-26      (4) Six-tenths the count of pupils who have not attained the age of 5

8-27  years and who are receiving special education pursuant to subsection 1 of

8-28  NRS 388.490 on the last day of the first school month of the school district

8-29  for the school year.

8-30      (5) The count of children detained in detention homes, alternative

8-31  programs and juvenile forestry camps receiving instruction pursuant to the

8-32  provisions of NRS 388.550, 388.560 and 388.570 on the last day of the

8-33  first school month of the school district for the school year.

8-34      (6) The count of pupils who are enrolled in classes for at least one

8-35  semester pursuant to subsection 4 of NRS 386.560 or subsection 3 of NRS

8-36  392.070, expressed as a percentage of the total time services are provided

8-37  to those pupils per school day in proportion to the total time services are

8-38  provided during a school day to pupils who are counted pursuant to

8-39  subparagraph (2).

8-40    (b) Multiplying the number of special education program units

8-41  maintained and operated by the amount per program established for that

8-42  school year.

8-43    (c) Adding the amounts computed in paragraphs (a) and (b).

8-44    2.  If the enrollment of pupils in a school district or a charter school

8-45  that is located within the school district on the last day of the first school

8-46  month of the school district for the school year is less than the enrollment

8-47  of pupils in the same school district or charter school on the last day of the

8-48  first school month of the school district for either or both of the

8-49  immediately preceding 2 school [year, the larger] years, the largest number

9-1  must be used from among the 3 years for purposes of apportioning money

9-2  from the state distributive school account to that school district or charter

9-3  school pursuant to NRS 387.124.

9-4    3.  Pupils who are excused from attendance at examinations or have

9-5  completed their work in accordance with the rules of the board of trustees

9-6  must be credited with attendance during that period.

9-7    4.  Pupils who are incarcerated in a facility or institution operated by

9-8  the department of prisons must not be counted for the purpose of

9-9  computing basic support pursuant to this section. The average daily

9-10  attendance for such pupils must be reported to the department of education.

9-11    5.  [Part-time pupils] Pupils who are enrolled in courses which are

9-12  approved by the department as meeting the requirements for an adult to

9-13  earn a high school diploma must not be counted for the purpose of

9-14  computing basic support pursuant to this section. [The average daily

9-15  attendance for such pupils must be reported to the department.]

9-16    Sec. 7.  NRS 387.303 is hereby amended to read as follows:

9-17    387.303  1.  Not later than November 10 of each year, the board of

9-18  trustees of each school district shall submit to the superintendent of public

9-19  instruction and the department of taxation a report which includes the

9-20  following information:

9-21    (a) For each fund within the school district, including, without

9-22  limitation, the school district’s general fund and any special revenue fund

9-23  which receives state money, the total number and salaries of licensed and

9-24  nonlicensed persons whose salaries are paid from the fund and who are

9-25  employed by the school district in full-time positions or in part-time

9-26  positions added together to represent full-time positions. Information must

9-27  be provided for the current school year based upon the school district’s

9-28  final budget, including any amendments and augmentations thereto, and for

9-29  the preceding school year. An employee must be categorized as filling an

9-30  instructional, administrative, instructional support or other position.

9-31    (b) The count of pupils computed pursuant to paragraph (a) of

9-32  subsection 1 of NRS 387.1233.

9-33    (c) [The average daily attendance for the preceding school year and the

9-34  estimated average daily attendance for the current school year of part-time

9-35  pupils enrolled in courses which are approved by the department as

9-36  meeting the requirements for an adult to earn a high school diploma.

9-37    (d)] The school district’s actual expenditures in the fiscal year

9-38  immediately preceding the report.

9-39    [(e)] (d) The school district’s proposed expenditures for the current

9-40  fiscal year.

9-41    [(f)] (e) The schedule of salaries for licensed employees in the current

9-42  school year and a statement of whether the negotiations regarding salaries

9-43  for the current school year have been completed. If the negotiations have

9-44  not been completed at the time the schedule of salaries is submitted, the

9-45  board of trustees shall submit a supplemental report to the superintendent

9-46  of public instruction upon completion of negotiations or the determination

9-47  of an arbitrator concerning the negotiations that includes the schedule of

9-48  salaries agreed to or required by the arbitrator.

10-1    [(g)] (f) The number of teachers who received an increase in salary

10-2  pursuant to subsection 2 of NRS 391.160 for the current and preceding

10-3  fiscal years.

10-4    [(h)] (g) The number of employees eligible for health insurance within

10-5  the school district for the current and preceding fiscal years and the amount

10-6  paid for health insurance for each such employee during those years.

10-7    [(i)] (h) The rates for fringe benefits, excluding health insurance, paid

10-8  by the school district for its licensed employees in the preceding and

10-9  current fiscal years.

10-10  [(j)] (i) The amount paid for extra duties, supervision of extracurricular

10-11  activities and supplemental pay and the number of employees receiving

10-12  that pay in the preceding and current fiscal years.

10-13  2.  On or before November 25 of each year, the superintendent of

10-14  public instruction shall submit to the department of administration and the

10-15  fiscal analysis division of the legislative counsel bureau, in a format

10-16  approved by the director of the department of administration, a compilation

10-17  of the reports made by each school district pursuant to subsection 1.

10-18  3.  The superintendent of public instruction shall, in the compilation

10-19  required by subsection 2, reconcile the revenues and expenditures of the

10-20  school districts with the apportionment received by those districts from the

10-21  state distributive school account for the preceding year.

10-22  Sec. 8.  NRS 389.017 is hereby amended to read as follows:

10-23  389.017  1.  The state board shall prescribe regulations requiring that

10-24  each board of trustees of a school district and each governing body of a

10-25  charter school submit to the superintendent of public instruction and the

10-26  department, in the form and manner prescribed by the superintendent, the

10-27  results of achievement and proficiency examinations given in the 4th, 8th,

10-28  10th and 11th grades to public school pupils of the district and charter

10-29  schools. The state board shall not include in the regulations any provision

10-30  which would violate the confidentiality of the test scores of any individual

10-31  pupil.

10-32  2.  The results of examinations must be reported for each school,

10-33  including, without limitation, each charter school, school district and this

10-34  state as follows:

10-35  (a) The average score, as defined by the department, of pupils who took

10-36  the examinations under regular testing conditions; and

10-37  (b) The average score, as defined by the department, of pupils who took

10-38  the examinations with modifications or accommodations approved by the

10-39  private entity that created the examination or, if the department created the

10-40  examination, the department, if such reporting does not violate the

10-41  confidentiality of the test scores of any individual pupil.

10-42  3.  The department shall adopt regulations prescribing the requirements

10-43  for reporting the scores of pupils who:

10-44  (a) Took the examinations under conditions that were not approved by

10-45  the private entity that created the examination or, if the department created

10-46  the examination, by the department;

10-47  (b) Are enrolled in special schools for children with disabilities;

10-48  (c) Are enrolled in an alternative program for the education of pupils at

10-49  risk of dropping out of high school; or

11-1    (d) Are detained in a:

11-2      (1) Youth training center;

11-3      (2) Youth center;

11-4      (3) Juvenile forestry camp;

11-5      (4) Detention home;

11-6      (5) Youth camp;

11-7      (6) Juvenile correctional institution; or

11-8      (7) Correctional institution.

11-9  The scores reported pursuant to this subsection must not be included in the

11-10  average scores reported pursuant to subsection 2.

11-11  4.  Not later than 10 days after the department receives the results of

11-12  the achievement and proficiency examinations, the department shall

11-13  transmit a copy of the results of the examinations administered pursuant to

11-14  NRS 389.015 to the legislative bureau of educational accountability and

11-15  program evaluation in a manner that does not violate the confidentiality of

11-16  the test scores of any individual pupil.

11-17  5.  On or before November [1] 15 of each year, each school district and

11-18  each charter school shall report to the department the following

11-19  information for each examination administered in the public schools in the

11-20  school district or charter school:

11-21  (a) The examination administered;

11-22  (b) The grade level or levels of pupils to whom the examination was

11-23  administered;

11-24  (c) The costs incurred by the school district or charter school in

11-25  administering each examination; and

11-26  (d) The purpose, if any, for which the results of the examination are

11-27  used by the school district or charter school.

11-28  On or before December [1] 15 of each year, the department shall transmit

11-29  to the budget division of the department of administration and the fiscal

11-30  analysis division of the legislative counsel bureau the information

11-31  submitted to the department pursuant to this subsection.

11-32  6.  The superintendent of schools of each school district and the

11-33  governing body of each charter school shall certify that the number of

11-34  pupils who took the examinations required pursuant to NRS 389.015 is

11-35  equal to the number of pupils who are enrolled in each school in the school

11-36  district or in the charter school who are required to take the examinations

11-37  except for those pupils who are exempt from taking the examinations. A

11-38  pupil may be exempt from taking the examinations if:

11-39  (a) His primary language is not English and his proficiency in the

11-40  English language is below the level that the state board determines is

11-41  proficient, as measured by an assessment of proficiency in the English

11-42  language prescribed by the state board pursuant to subsection 8; or

11-43  (b) He is enrolled in a program of special education pursuant to NRS

11-44  388.440 to 388.520, inclusive, and his program of special education

11-45  specifies that he is exempt from taking the examinations.

11-46  7.  In addition to the information required by subsection 5, the

11-47  superintendent of public instruction shall:

12-1    (a) Report the number of pupils who were not exempt from taking the

12-2  examinations but were absent from school on the day that the examinations

12-3  were administered; and

12-4    (b) Reconcile the number of pupils who were required to take the

12-5  examinations with the number of pupils who were exempt from taking the

12-6  examinations or absent from school on the day that the examinations were

12-7  administered.

12-8    8.  The state board shall prescribe an assessment of proficiency in the

12-9  English language for pupils whose primary language is not English to

12-10  determine which pupils are exempt from the examinations pursuant to

12-11  paragraph (a) of subsection 6.

12-12  Sec. 9.  NRS 389.020 is hereby amended to read as follows:

12-13  389.020  1.  In all public schools, the Caliente youth center and the

12-14  Nevada youth training center, instruction must be given in American

12-15  government, including , but not limited to , the essentials of the

12-16  Constitution of the United States, the constitution of the State of Nevada,

12-17  the origin and history of the constitutions and the study of and devotion to

12-18  American institutions and ideals.

12-19  2.  [The] If the instruction required in subsection 1 [must be given

12-20  during at least 1 year of the elementary school grades and for a period of at

12-21  least 1 year in all high schools.] is not offered as a separate course, it must

12-22  be included as part of a course in social studies.

12-23  Sec. 10.  NRS 389.030 is hereby amended to read as follows:

12-24  389.030  Instruction in American history, including the history of the

12-25  State of Nevada , must be taught in all of the public schools in the State of

12-26  Nevada . [for a period of at least 1 year.] If the instruction required by this

12-27  section is not offered as a separate course, it must be included as part of

12-28  a course in social studies.

12-29  Sec. 11.  NRS 389.035 is hereby amended to read as follows:

12-30  389.035  No pupil in any public high school, the Caliente youth center

12-31  or the Nevada youth training center may receive a certificate or diploma of

12-32  graduation without having passed a course that includes instruction in

12-33  American government and American history as required by NRS 389.020

12-34  and 389.030.

12-35  Sec. 12.  NRS 389.560 is hereby amended to read as follows:

12-36  389.560  1.  The state board shall adopt regulations that require the

12-37  board of trustees of each school district and the governing body of each

12-38  charter school to submit to the superintendent of public instruction, the

12-39  department and the council, in the form and manner prescribed by the

12-40  superintendent, the results of the examinations administered pursuant to

12-41  NRS 389.550. The state board shall not include in the regulations any

12-42  provision that would violate the confidentiality of the test scores of an

12-43  individual pupil.

12-44  2.  The results of the examinations must be reported for each school,

12-45  including, without limitation, each charter school, school district and this

12-46  state, as follows:

12-47  (a) The percentage of pupils who have demonstrated proficiency, as

12-48  defined by the department, and took the examinations under regular testing

12-49  conditions; and

13-1    (b) The percentage of pupils who have demonstrated proficiency, as

13-2  defined by the department, and took the examinations with modifications

13-3  or accommodations approved by the private entity that created the

13-4  examination or, if the department created the examination, the department,

13-5  if such reporting does not violate the confidentiality of the test scores of

13-6  any individual pupil.

13-7    3.  The department shall adopt regulations prescribing the requirements

13-8  for reporting the results of pupils who:

13-9    (a) Took the examinations under conditions that were not approved by

13-10  the private entity that created the examination or, if the department created

13-11  the examination, by the department;

13-12  (b) Are enrolled in special schools for children with disabilities;

13-13  (c) Are enrolled in an alternative program for the education of pupils at

13-14  risk of dropping out of high school; or

13-15  (d) Are detained in a:

13-16     (1) Youth training center;

13-17     (2) Youth center;

13-18     (3) Juvenile forestry camp;

13-19     (4) Detention home;

13-20     (5) Youth camp;

13-21     (6) Juvenile correctional institution; or

13-22     (7) Correctional institution.

13-23  The results reported pursuant to this subsection must not be included in the

13-24  percentage of pupils reported pursuant to subsection 2.

13-25  4.  Not later than 10 days after the department receives the results of

13-26  the examinations, the department shall transmit a copy of the results to the

13-27  legislative bureau of educational accountability and program evaluation in

13-28  a manner that does not violate the confidentiality of the test scores of any

13-29  individual pupil.

13-30  5.  On or before November [1] 15 of each year, each school district and

13-31  each charter school shall report to the department the following

13-32  information for each examination administered in the public schools in the

13-33  school district or charter school:

13-34  (a) The examination administered;

13-35  (b) The grade level or levels of pupils to whom the examination was

13-36  administered;

13-37  (c) The costs incurred by the school district or charter school in

13-38  administering each examination; and

13-39  (d) The purpose, if any, for which the results of the examination are

13-40  used by the school district or charter school.

13-41  On or before December [1] 15 of each year, the department shall transmit

13-42  to the budget division of the department of administration and the fiscal

13-43  analysis division of the legislative counsel bureau the information

13-44  submitted to the department pursuant to this subsection.

13-45  6.  The superintendent of schools of each school district and the

13-46  governing body of each charter school shall certify that the number of

13-47  pupils who took the examinations is equal to the number of pupils who are

13-48  enrolled in each school in the school district or in the charter school who

13-49  are required to take the examinations, except for those pupils who are

14-1  exempt from taking the examinations. A pupil may be exempt from taking

14-2  the examinations if:

14-3    (a) His primary language is not English and his proficiency in the

14-4  English language is below the level that the state board determines is

14-5  proficient, as measured by an assessment of proficiency in the English

14-6  language prescribed by the state board pursuant to subsection 8; or

14-7    (b) He is enrolled in a program of special education pursuant to NRS

14-8  388.440 to 388.520, inclusive, and his program of special education

14-9  specifies that he is exempt from taking the examinations.

14-10  7.  In addition to the information required by subsection 5, the

14-11  superintendent of public instruction shall:

14-12  (a) Report the number of pupils who were not exempt from taking the

14-13  examinations but were absent from school on the day that the examinations

14-14  were administered; and

14-15  (b) Reconcile the number of pupils who were required to take the

14-16  examinations with the number of pupils who were exempt from taking the

14-17  examinations or absent from school on the day that the examinations were

14-18  administered.

14-19  8.  The state board shall prescribe an assessment of proficiency in the

14-20  English language for pupils whose primary language is not English to

14-21  determine which pupils are exempt from the examinations pursuant to

14-22  paragraph (a) of subsection 6.

14-23  Sec. 13.  Chapter 392 of NRS is hereby amended by adding thereto a

14-24  new section to read as follows:

14-25  Attendance required by the provisions of NRS 392.040 must be

14-26  excused if a child has obtained permission to take the tests of general

14-27  educational development pursuant to NRS 385.448.

14-28  Sec. 14.  NRS 293.2175 is hereby amended to read as follows:

14-29  293.2175  1.  The county clerk may appoint a pupil as a trainee for the

14-30  position of election board officer. To qualify for such an appointment, the

14-31  pupil must be:

14-32  (a) A United States citizen, a resident of Nevada and a resident of the

14-33  county in which he serves;

14-34  (b) Enrolled as a senior in high school;

14-35  (c) At the time of service, enrolled in or have completed a high school

14-36  course that includes instruction in American government in accordance

14-37  with NRS 389.020; and

14-38  (d) Performing at an academic level deemed acceptable by the principal

14-39  of the pupil’s high school.

14-40  2.  The county clerk may only appoint a pupil as a trainee if:

14-41  (a) The pupil is appointed without party affiliation;

14-42  (b) The county clerk sends the pupil a certificate stating the date and

14-43  hours the pupil, upon approval, will act as trainee;

14-44  (c) At least 20 days before the election in which the pupil will act as

14-45  trainee, the principal of his high school receives the county clerk’s

14-46  certificate and a written request signed by his parent or guardian to be

14-47  excused from school for the time specified in the certificate;

14-48  (d) The principal of the high school approves the pupil’s request; and

14-49  (e) The pupil attends the training class required by NRS 293B.260.

15-1    3.  The county clerk may assign a trainee such duties as the county

15-2  clerk deems appropriate. The county clerk shall not require the trainee to

15-3  perform those duties later than 10 p.m. or any applicable curfew,

15-4  whichever is earlier.

15-5    4.  The county clerk may compensate a trainee for his service at the

15-6  same rate fixed for election board officers generally.

15-7    Sec. 15.  NRS 293C.222 is hereby amended to read as follows:

15-8    293C.222  1.  The city clerk may appoint a pupil as a trainee for the

15-9  position of election board officer. To qualify for such an appointment, the

15-10  pupil must be:

15-11  (a) A United States citizen, a resident of Nevada and a resident of the

15-12  city in which he serves;

15-13  (b) Enrolled as a senior in high school;

15-14  (c) At the time of service, enrolled in or have completed a high school

15-15  course that includes instruction in American government in accordance

15-16  with NRS 389.020; and

15-17  (d) Performing at an academic level deemed acceptable by the principal

15-18  of the pupil’s high school.

15-19  2.  The city clerk may only appoint a pupil as a trainee if:

15-20  (a) The pupil is appointed without party affiliation;

15-21  (b) The city clerk sends the pupil a certificate stating the date and hours

15-22  the pupil, upon approval, will act as a trainee;

15-23  (c) At least 20 days before the election in which the pupil will act as a

15-24  trainee, the principal of his high school receives the city clerk’s certificate

15-25  and a written request signed by his parent or guardian to be excused from

15-26  school for the time specified in the certificate;

15-27  (d) The principal of the high school approves the pupil’s request; and

15-28  (e) The pupil attends the training class required by NRS 293B.260.

15-29  3.  The city clerk may assign a trainee such duties as the city clerk

15-30  deems appropriate. The city clerk shall not require the trainee to perform

15-31  those duties later than 10 p.m., or any applicable curfew, whichever is

15-32  earlier.

15-33  4.  The city clerk may compensate a trainee for his service at the same

15-34  rate fixed for election board officers generally.

15-35  Sec. 16.  This act becomes effective on July 1, 2001.

 

15-36  H