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

 

CHAPTER..........

 

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 385.347 is hereby amended to read as follows:

1-2    385.347  1.  The board of trustees of each school district in this state,

1-3   in cooperation with associations recognized by the state board as

1-4   representing licensed personnel in education in the district, shall adopt a

1-5   program providing for the accountability of the school district to the

1-6   residents of the district and to the state board for the quality of the schools

1-7   and the educational achievement of the pupils in the district, including,

1-8   without limitation, pupils enrolled in charter schools in the school district.

1-9    2.  The board of trustees of each school district shall, on or before

1-10   March 31 of each year, report to the residents of the district concerning:

1-11    (a) The educational goals and objectives of the school district.

1-12    (b) Pupil achievement for grades 4, 8, 10 and 11 for each school in the

1-13   district and the district as a whole, including, without limitation, each

1-14   charter school in the district.

1-15  Unless otherwise directed by the department, the board of trustees of the

1-16   district shall base its report on the results of the examinations administered

1-17   pursuant to NRS 389.015 and shall compare the results of those

1-18   examinations for the current school year with those of previous school

1-19   years. The report must include, for each school in the district, including,

1-20   without limitation, each charter school in the district, and each grade in

1-21   which the examinations were administered:

1-22      (1) The number of pupils who took the examinations;

1-23      (2) An explanation of instances in which a school was exempt from

1-24   administering or a pupGreen numbers along left margin indicate location on the printed bill (e.g., 5-15 indicates page 5, line 15).il was exempt from taking an examination; and

1-25      (3) A record of attendance for the period in which the examinations

1-26   were administered, including an explanation of any difference in the

1-27   number of pupils who took the examinations and the number of pupils

1-28   who are enrolled in the school.

1-29  In addition, the board shall also report the results of other examinations of

1-30   pupil achievement administered to pupils in the school district in grades

1-31   other than 4, 8, 10 and 11. The results of these examinations for the

1-32   current school year must be compared with those of previous school years.

1-33    (c) The ratio of pupils to teachers in kindergarten and at each grade

1-34   level for each elementary school in the district and the district as a whole,

1-35   including, without limitation, each charter school in the district, the

1-36   average class size for each required course of study for each secondary

1-37   school in the district and the district as a whole, including, without

2-1  limitation, each charter school in the district, and other data concerning

2-2  licensed and unlicensed employees of the school district.

2-3    (d) The percentage of classes taught by teachers who have been

2-4   assigned to teach English, mathematics, science or social studies but do

2-5   not possess a license with an endorsement to teach in that subject area, for

2-6   each school in the district and the district as a whole, including, without

2-7   limitation, each charter school in the district.

2-8    (e) The total expenditure per pupil for each school in the district and the

2-9   district as a whole, including, without limitation, each charter school in the

2-10   district.

2-11    (f) The curriculum used by the school district, including:

2-12      (1) Any special programs for pupils at an individual school; and

2-13      (2) The curriculum used by each charter school in the district.

2-14    (g) Records of the attendance and truancy of pupils in all grades,

2-15   including, without limitation, the average daily attendance of pupils, for

2-16   each school in the district and the district as a whole, including, without

2-17   limitation, each charter school in the district.

2-18    (h) The annual rate of pupils who drop out of school in grades 9 to 12,

2-19   inclusive, for each such grade, for each school in the district and for the

2-20   district as a whole, excluding pupils who:

2-21      (1) Provide proof to the school district of successful completion of

2-22   the examinations of general educational development.

2-23      (2) Are enrolled in courses that are approved by the department as

2-24   meeting the requirements for an adult standard diploma.

2-25      (3) Withdraw from school to attend another school.

2-26    (i) Records of attendance of teachers who provide instruction, for each

2-27   school in the district and the district as a whole, including, without

2-28   limitation, each charter school in the district.

2-29    (j) Efforts made by the school district and by each school in the district,

2-30   including, without limitation, each charter school in the district, to

2-31   increase:

2-32      (1) Communication with the parents of pupils in the district; and

2-33      (2) The participation of parents in the educational process and

2-34   activities relating to the school district and each school, including, without

2-35   limitation, the existence of parent organizations and school advisory

2-36   committees.

2-37    (k) Records of incidents involving weapons or violence for each school

2-38   in the district, including, without limitation, each charter school in the

2-39   district.

2-40    (l) Records of incidents involving the use or possession of alcoholic

2-41   beverages or controlled substances for each school in the district,

2-42   including, without limitation, each charter school in the district.

2-43    (m) Records of the suspension and expulsion of pupils required or

2-44   authorized pursuant to NRS 392.466 and 392.467.

2-45    (n) The number of pupils who are deemed habitual disciplinary

2-46   problems pursuant to NRS 392.4655, for each school in the district and the

2-47   district as a whole, including, without limitation, each charter school in the

2-48   district.

2-49    (o) The number of pupils in each grade who are retained in the same

2-50   grade pursuant to NRS 392.125, for each school in the district and the

3-1  district as a whole, including, without limitation, each charter school in the

3-2  district.

3-3    (p) The transiency rate of pupils for each school in the district and the

3-4   district as a whole, including, without limitation, each charter school in the

3-5   district. For the purposes of this paragraph, a pupil is not transient if he is

3-6   transferred to a different school within the school district as a result of a

3-7   change in the zone of attendance by the board of trustees of the school

3-8   district pursuant to NRS 388.040.

3-9    (q) Each source of funding for the school district.

3-10    (r) The amount and sources of money received for remedial education

3-11   for each school in the district and the district as a whole, including,

3-12   without limitation, each charter school in the district.

3-13    (s) For each high school in the district, including, without limitation,

3-14   each charter school in the district, the percentage of pupils who graduated

3-15   from that high school or charter school in the immediately preceding year

3-16   and enrolled in remedial courses in reading, writing or mathematics at a

3-17   university or community college within the University and Community

3-18   College System of Nevada.

3-19    (t) The technological facilities and equipment available at each school,

3-20   including, without limitation, each charter school, and the district’s plan to

3-21   incorporate educational technology at each school.

3-22    (u) For each school in the district and the district as a whole, including,

3-23   without limitation, each charter school in the district, the number and

3-24   percentage of pupils who graduate with:

3-25      (1) A standard high school diploma.

3-26      (2) An adjusted diploma.

3-27      (3) A certificate of attendance.

3-28    (v) For each school in the district and the district as a whole, including,

3-29   without limitation, each charter school in the district, the number and

3-30   percentage of pupils who did not receive a high school diploma because

3-31   the pupils failed to pass the high school proficiency examination.

3-32    (w) The number of habitual truants who are reported to a school police

3-33   officer or law enforcement agency pursuant to paragraph (a) of subsection

3-34   2 of NRS 392.144 and the number of habitual truants who are referred to

3-35   an advisory board to review school attendance pursuant to paragraph (b) of

3-36   subsection 2 of NRS 392.144, for each school in the district and for the

3-37   district as a whole.

3-38    (x) The amount and sources of money received for the training and

3-39   professional development of teachers and other educational personnel

3-40   for each school in the district and for the district as a whole, including,

3-41   without limitation, each charter school in the district.

3-42    (y) Such other information as is directed by the superintendent of public

3-43   instruction.

3-44    3.  The records of attendance maintained by a school for purposes of

3-45   paragraph (i) of subsection 2 must include the number of teachers who are

3-46   in attendance at school and the number of teachers who are absent from

3-47   school. A teacher shall be deemed in attendance if the teacher is excused

3-48   from being present in the classroom by the school in which he is employed

3-49   for one of the following reasons:

4-1    (a) Acquisition of knowledge or skills relating to the professional

4-2  development of the teacher; or

4-3    (b) Assignment of the teacher to perform duties for cocurricular or

4-4   extracurricular activities of pupils.

4-5    4.  The superintendent of public instruction shall:

4-6    (a) Prescribe forms for the reports required pursuant to subsection 2 and

4-7   provide the forms to the respective school districts.

4-8    (b) Provide statistical information and technical assistance to the school

4-9   districts to ensure that the reports provide comparable information with

4-10   respect to each school in each district and among the districts.

4-11    (c) Consult with a representative of the:

4-12      (1) Nevada State Education Association;

4-13      (2) Nevada Association of School Boards;

4-14      (3) Nevada Association of School Administrators;

4-15      (4) Nevada Parent Teachers Association;

4-16      (5) Budget division of the department of administration; and

4-17      (6) Legislative counsel bureau,

4-18  concerning the program and consider any advice or recommendations

4-19   submitted by the representatives with respect to the program.

4-20    5.  The superintendent of public instruction may consult with

4-21   representatives of parent groups other than the Nevada Parent Teachers

4-22   Association concerning the program and consider any advice or

4-23   recommendations submitted by the representatives with respect to the

4-24   program.

4-25    6.  On or before April 15 of each year, the board of trustees of each

4-26   school district shall submit to each advisory board to review school

4-27   attendance created in the county pursuant to NRS 392.126 the information

4-28   required in paragraph (g) of subsection 2.

4-29    Sec. 2. NRS 385.351 is hereby amended to read as follows:

4-30    385.351  1.  On or before April 15 of each year, the board of trustees

4-31   of each school district shall submit the report required pursuant to

4-32   subsection 2 of NRS 385.347 to the:

4-33    (a) Governor;

4-34    (b) State board;

4-35    (c) Department;

4-36    (d) Committee; and

4-37    (e) Bureau.

4-38    2.  On or before April 15 of each year, the board of trustees of each

4-39   school district shall submit the information prepared by the board of

4-40   trustees pursuant to paragraph (t) of subsection 2 of NRS 385.347 to the

4-41   commission on educational technology created pursuant to NRS 388.790.

4-42    3.  On or before June 15 of each year, the board of trustees of each

4-43   school district shall [:

4-44    (a) Prepare:

4-45      (1) A separate] prepare a:

4-46    (a) Separate written report summarizing the effectiveness of the

4-47   district’s program of accountability. The report must include:

4-48        [(I)] (1) A review and analysis of the data upon which the report

4-49   required pursuant to subsection 2 of NRS 385.347 is based and a review

5-1  and analysis of any data that is more recent than the data upon which the

5-2  report is based;

5-3         [(II)] (2) The identification of any problems or factors at

5-4   individual schools that are revealed by the review and analysis;

5-5         [(III)] (3) A summary of the efforts that the school district has

5-6   made or intends to make in response to the deficiencies or in response to

5-7   the recommendations identified in the report submitted to the district

5-8   pursuant to paragraph (b) of subsection 1 of NRS 385.359; [and

5-9         (IV)] (4) A description of the progress that the school district has

5-10   achieved, if any, as a result of the recommendations submitted pursuant to

5-11   paragraph (b) of subsection 1 of NRS 385.359 in preceding years and any

5-12   other analyses made in preceding years [.

5-13      (2) A written] ; and

5-14      (5) A summary of the efforts that the school district has made or

5-15   intends to make to ensure that the teachers and other educational

5-16   personnel employed by the school district receive training and other

5-17   professional development in:

5-18        (I) The standards of content and performance established by the

5-19   council to establish academic standards for public schools pursuant to

5-20   NRS 389.520;

5-21        (II) The assessment and measurement of pupil achievement and

5-22   the effective methods to analyze the tests results and scores of pupils to

5-23   improve the achievement and proficiency of pupils; and

5-24        (III) Specific content areas to enable the teachers and other

5-25   educational personnel to provide a higher level of instruction in their

5-26   respective fields of teaching.

5-27    (b) Written procedure to improve the achievement of pupils who are

5-28   enrolled in schools within the district, including, but not limited to, a

5-29   description of the efforts the district has made to correct any deficiencies

5-30   identified in the written report required pursuant to [subparagraph (1).]

5-31   paragraph (a). The written procedure must describe sources of data that

5-32   will be used by the board of trustees to evaluate the effectiveness of the

5-33   written procedure.

5-34    [(b) Submit]

5-35    4.  On or before June 15 of each year, the board of trustees of each

5-36   school district shall submit copies of the written report and written

5-37   procedure required pursuant to [paragraph (a)] subsection 3 to the:

5-38      [(1) Governor;

5-39      (2)] (a) Governor;

5-40    (b) State board;

5-41      [(3) Department;

5-42      (4)] (c) Department;

5-43    (d) Committee; and

5-44      [(5)] (e) Bureau.

5-45    [4.] 5.  The department shall maintain a record of the information that

5-46   it receives from each school district pursuant to this section in such a

5-47   manner as will allow the department to create for each school a yearly

5-48   profile of information.

5-49    [5.] 6.  The board of trustees of each school district shall ensure that a

5-50   copy of the written report and written procedure required pursuant to

6-1  [paragraph (a) of] subsection 3 is included with the final budget of the

6-2  school district adopted pursuant to NRS 354.598.

6-3    Sec. 3. NRS 385.367 is hereby amended to read as follows:

6-4    385.367  The department shall designate a public school as

6-5   demonstrating need for improvement if:

6-6    1.  Less than 60 percent of the pupils enrolled in that school who took

6-7   the examinations administered pursuant to NRS 389.015 received an

6-8   average score on those examinations that is at least equal to the 26th

6-9   percentile of the national reference group of pupils to which the

6-10   examinations were compared; or

6-11    2.  The average daily attendance of pupils who are enrolled in the

6-12   school is less than 90 percent for 3 or more consecutive years based upon

6-13   the yearly profile of information for the school maintained by the

6-14   department pursuant to subsection [4] 5 of NRS 385.351 [.] or subsection

6-15   5 of NRS 386.605.

6-16    3.  A school that is designated as demonstrating need for

6-17   improvement based solely upon the provisions of subsection 2 is not

6-18   eligible to receive money for remedial programs made available by

6-19   legislative appropriation for the purposes of NRS 385.389.

6-20    Sec. 4. NRS 385.373 is hereby amended to read as follows:

6-21    385.373  If the department designates a school as demonstrating need

6-22   for improvement pursuant to NRS 385.367 for 2 consecutive years or

6-23   pursuant to NRS 385.368 for 1 year, the department shall:

6-24    1.  Place the school on academic probation.

6-25    2.  Prepare for that school a plan [to:] which:

6-26    (a) Is unique to the needs and goals of the school;

6-27    (b) Sets forth goals and objectives that are specific, measurable and

6-28   conducive to reliable evaluation; and

6-29    (c) Is designed to:

6-30      (1) Improve the achievement of the pupils who are enrolled in the

6-31   school as measured by the examinations required pursuant to

6-32  NRS 389.015.

6-33    [(b)] (2) If the school received a designation pursuant to NRS 385.368,

6-34   increase the number of pupils who take the examinations required

6-35   pursuant to NRS 389.015 and ensure that all eligible pupils who are in

6-36   attendance on the day that the examinations are administered are given an

6-37   opportunity to take the examinations.

6-38    3.  When applicable, amend the plan to incorporate the revisions

6-39   adopted by the panel established to supervise the academic probation of

6-40   the school, as required by subsection 6 of NRS 385.381.

6-41    4.  On or before May 1 of the year in which the second designation was

6-42   made pursuant to NRS 385.367 or the first designation was made pursuant

6-43   to NRS 385.368, submit the plan to the:

6-44    (a) Board of trustees of the school district in which the school is

6-45   located;

6-46    (b) Governor;

6-47    (c) State board;

6-48    (d) Committee; and

6-49    (e) Bureau.

 

7-1    Sec. 5.  NRS 385.375 is hereby amended to read as follows:

7-2    385.375  If the department designates a school as demonstrating need

7-3   for improvement pursuant to NRS 385.367 for 3 or more consecutive

7-4   years or pursuant to NRS 385.368 for 2 or more consecutive years:

7-5    1.  The department shall:

7-6    (a) Continue the academic probation of the school;

7-7    (b) Prepare for that school a plan [to:] which:

7-8       (1) Is unique to the needs and goals of the school;

7-9       (2) Sets forth goals and objectives that are specific, measurable and

7-10   conducive to reliable evaluation; and

7-11      (3) Is designed to:

7-12        (I) Improve the achievement of the school’s pupils as measured by

7-13   the examinations required pursuant to NRS 389.015; and

7-14      [(2)] (II) If the school received a designation pursuant to NRS

7-15   385.368, increase the number of pupils who take the examinations

7-16   required pursuant to NRS 389.015; [and]

7-17    (c) When applicable, amend the plan to incorporate the revisions

7-18   adopted by the panel established to supervise the academic probation of

7-19   the school, as required by subsection 6 of NRS 385.381; and

7-20    (d) On or before May 1 of the year in which the third or subsequent

7-21   designation was made pursuant to NRS 385.367 or the second or

7-22   subsequent designation was made pursuant to NRS 385.368, submit the

7-23   plan to the:

7-24      (1) Board of trustees of the school district in which the school is

7-25   located;

7-26      (2) Governor;

7-27      (3) State board;

7-28      (4) Committee; and

7-29      (5) Bureau.

7-30  A plan prepared and submitted by the department pursuant to this

7-31   subsection must contain specific information about the school, including,

7-32   but not limited to, information concerning the administrative operation of

7-33   the school, the curriculum of the school and the financial and other

7-34   resources of the school.

7-35    2.  [The] In addition to the follow-up report required pursuant to

7-36   subsection 5 of NRS 385.381, the board of trustees of the school district

7-37   in which the school is located shall, until such time as the school is

7-38   designated as demonstrating exemplary achievement, high achievement or

7-39   adequate achievement pursuant to NRS 385.365, make two reports per

7-40   year, one at the end of each semester, to the department, the committee,

7-41   the bureau and the governor concerning the progress of the school in

7-42   carrying out the plan prepared pursuant to subsection 1.

7-43    Sec. 6.  NRS 385.378 is hereby amended to read as follows:

7-44    385.378  1.  Except as otherwise provided in subsections 3 and 4, in

7-45   addition to the requirements set forth in NRS 385.373 and 385.375, if a

7-46   school receives two or more consecutive designations as demonstrating

7-47   need for improvement pursuant to NRS 385.367 or NRS 385.368, the

7-48   department shall, on or before August 1, establish a panel to supervise the

7-49   academic probation of the school. A panel established pursuant to this

8-1  section consists of nine members appointed by the superintendent of public

8-2  instruction as follows:

8-3    (a) Two instructors or professors who provide instruction within the

8-4   University and Community College System of Nevada;

8-5    (b) One representative of the private sector;

8-6    (c) Two parents or legal guardians of pupils who are enrolled in the

8-7   school;

8-8    (d) One person who is a member of the board of trustees of a school

8-9   district; and

8-10    (e) Three persons who are licensed educational personnel at public

8-11   schools within this state. One person appointed pursuant to this paragraph

8-12   must be a classroom teacher who provides instruction at a school that is

8-13   not located within the same school district as the school which is the

8-14   subject of the evaluation. One person appointed pursuant to this paragraph

8-15   must be an administrator at a school that is not located within the same

8-16   school district as the school which is the subject of the evaluation.

8-17    2.  For each day or portion of a day during which a member of the

8-18   panel attends a meeting of the panel or is otherwise engaged in the work of

8-19   the panel, he is entitled to receive the per diem allowance and travel

8-20   expenses provided for state officers and employees generally. The school

8-21   district in which the school on academic probation is located shall pay the

8-22   allowances and expenses authorized pursuant to this subsection.

8-23    3.  If a school receives two or more consecutive designations as

8-24   demonstrating need for improvement pursuant to NRS 385.367, the school

8-25   may submit to the department a request for a waiver of the requirement for

8-26   the establishment of a panel to supervise the academic probation of the

8-27   school. The department may grant such a waiver if the yearly profile of

8-28   information for the school maintained by the department pursuant to

8-29   subsection [4] 5 of NRS 385.351 or subsection 5 of NRS 386.605

8-30   demonstrates to the satisfaction of the department that the school has

8-31   significantly improved in each of the immediately preceding 3 years

8-32   covered by the profile.

8-33    4.  If a school receives two or more consecutive designations as

8-34   demonstrating need for improvement pursuant to NRS 385.368, the school

8-35   may submit to the department a request for a waiver of the requirement for

8-36   the establishment of a panel to supervise the academic probation of the

8-37   school. The department may grant such a waiver if the yearly profile of

8-38   information for the school maintained by the department pursuant to

8-39   subsection [4] 5 of NRS 385.351 or subsection 5 of NRS 386.605

8-40   demonstrates to the satisfaction of the department that the number of

8-41   pupils enrolled in the school who take the examinations required pursuant

8-42   to NRS 389.015 has significantly increased in each of the immediately

8-43   preceding 2 years covered by the profile.

8-44    5.  If the department grants a waiver pursuant to subsection 3 or 4, it

8-45   shall, on or before June 1 of each year, prepare a list that contains the

8-46   name of each school for which the department has granted a waiver and

8-47   the justification of the department for granting the waiver. The department

8-48   shall submit the list to the:

8-49    (a) Governor;

8-50    (b) State board;

9-1    (c) Committee; and

9-2    (d) Bureau.

9-3    Sec. 7.  NRS 385.381 is hereby amended to read as follows:

9-4    385.381  1.  A panel established pursuant to NRS 385.378 shall:

9-5    (a) Review the most recent plan to improve the achievement of the

9-6   school’s pupils prepared by the department for the school [pursuant to

9-7   NRS 385.373 or 385.375 or the plan prepared by the board of trustees of

9-8   the school district pursuant to NRS 385.364 or 385.371;] and the most

9-9   recent written report and written procedure prepared by the board of

9-10   trustees of the school district pursuant to subsection 3 of NRS 385.351;

9-11    (b) Identify and investigate the problems and factors at the school that

9-12   contributed to the designation of the school as demonstrating need for

9-13   improvement;

9-14    (c) Hold a public meeting to discuss the actions that the school will

9-15   need to take to warrant receiving a designation of demonstrating

9-16   exemplary achievement, high achievement or adequate achievement;

9-17    [(d) On or before December 1,] and

9-18    (d) In accordance with its findings pursuant to this subsection and

9-19   subsection 2, adopt written revisions to the most recent plan to improve

9-20   the achievement of the school’s pupils prepared by the department for

9-21   the school. The written revisions must:

9-22      (1) Include the data and findings of the panel that provide support

9-23   for the revisions;

9-24      (2) Set forth goals and objectives for the school that are:

9-25        (I) Designed to improve the achievement of the school’s pupils;

9-26        (II) Specific;

9-27        (III) Measurable; and

9-28        (IV) Conducive to reliable evaluation;

9-29      (3) Set forth a timeline to carry out the revisions, which must

9-30   provide for full implementation not later than 1 year after the panel

9-31   adopts the revisions;

9-32      (4) Set forth priorities for the school in carrying out the revisions;

9-33   and

9-34      (5) Set forth the duties of each person who is responsible for

9-35   carrying out the revisions.

9-36    2.  In addition to the duties prescribed in subsection 1, a panel

9-37   established pursuant to NRS 385.378 shall prepare a written report that

9-38   includes [an] :

9-39    (a) A written response by the school district that is prepared in

9-40   accordance with subsection 3;

9-41    (b) Information concerning the most recent plan to improve the

9-42   achievement of the school’s pupils prepared by the department,

9-43   including, without limitation, an evaluation of:

9-44      (1) The appropriateness of the plan for the school; and

9-45      (2) Whether the school has achieved the goals and objectives set

9-46   forth in the plan;

9-47    (c) The written revisions to the plan to improve the achievement of the

9-48   school’s pupils adopted by the panel pursuant to paragraph (d) of

9-49   subsection 1;

10-1    (d) A summary of each program for remediation, if any, purchased

10-2  for the school with money that is available from the Federal

10-3   Government, this state and the school district in which the school is

10-4   located, including, without limitation:

10-5      (1) The name of the program;

10-6       (2) The date on which the program was purchased and the date on

10-7   which the program was carried out by the school;

10-8      (3) The percentage of personnel at the school who were trained

10-9   regarding the use of the program;

10-10     (4) The satisfaction of the personnel at the school with the

10-11   program; and

10-12     (5) An evaluation of whether the program has improved the

10-13   academic achievement of the pupils enrolled in the school who

10-14   participated in the program;

10-15  (e) An analysis of the problems and factors at the school which

10-16   contributed to the designation of the school as demonstrating need for

10-17   improvement, including, without limitation, issues relating to:

10-18     (1) The financial resources of the school;

10-19     (2) The administrative and educational personnel of the school;

10-20     (3) The curriculum of the school;

10-21     (4) The facilities available at the school, including the availability

10-22   and accessibility of educational technology; and

10-23     (5) Any other factors that the panel believes contributed to the

10-24   designation of the school as demonstrating need for improvement;

10-25  [(e) Submit] and

10-26  (f) Other information concerning the school, including, without

10-27   limitation:

10-28     (1) The results of the pupils who are enrolled in the school on the

10-29   examinations that are administered pursuant to NRS 389.015;

10-30     (2) Records of the attendance and truancy of pupils who are

10-31   enrolled in the school;

10-32     (3) The transiency rate of pupils who are enrolled in the school;

10-33     (4) A description of the number of years that each teacher has

10-34   provided instruction at the school and the rate of turnover of teachers

10-35   and other educational personnel employed at the school;

10-36     (5) A description of the participation of parents and legal guardians

10-37   in the educational process and other activities relating to the school;

10-38     (6) A description of each source of money for the remediation of

10-39   pupils who are enrolled in the school; and

10-40     (7) A description of the disciplinary problems of the pupils who are

10-41   enrolled in the school, including, without limitation, the information

10-42   contained in paragraphs (k) to (n), inclusive, of subsection 2 of

10-43  NRS 385.347.

10-44  3.  Before a written report prepared pursuant to subsection 2 is

10-45   finalized, the panel shall submit a copy of the report to the

10-46   superintendent of schools of the school district in which the school is

10-47   located and discuss the report with the superintendent. The

10-48   superintendent shall, in consultation with the members of the board of

10-49   trustees of the school district, prepare a written response to the report

10-50   that includes, without limitation:

11-1    (a) A statement of the explanation or rebuttal of the school district

11-2  concerning any findings contained in the report; and

11-3    (b) Specific plans of the school district to improve the designation of

11-4   the school and the resources that will be used to carry out those plans.

11-5  The written response of the school district must be included in the final

11-6   report of the panel prepared pursuant to subsection 2.

11-7    4.  On or before December 1, the panel shall submit a copy of the

11-8   final written report to the:

11-9      [(1)] (a) Principal of the school;

11-10     [(2)] (b) Board of trustees of the school district in which the school is

11-11   located;

11-12     [(3)] (c) Superintendent of schools of the school district in which the

11-13   school is located;

11-14     [(4)] (d) Superintendent of public instruction;

11-15     [(5)] (e) Governor;

11-16     [(6)] (f) State board;

11-17     [(7)] (g) Department;

11-18     [(8)] (h) Committee; and

11-19     [(9) Bureau;

11-20  (f) Make]

11-21  (i) Bureau.

11-22  The panel shall make the written report available, upon request, to each

11-23   parent or legal guardian of a pupil who is enrolled in the school . [; and

11-24  (g) In accordance with its findings pursuant to this subsection, adopt

11-25   revisions to the most recent plan prepared by the department for the school

11-26   pursuant to NRS 385.373 or 385.375.]

11-27  5.  Upon receipt of a final report submitted to the board of trustees of

11-28   a school district pursuant to paragraph (b) of subsection 4, the board of

11-29   trustees shall review the report at a public meeting of the board. Not

11-30   later than 60 days after receipt of a final report, the board of trustees of

11-31   the school district shall prepare a follow-up report that identifies the

11-32   actions taken by the board of trustees and the school district to carry out

11-33   the recommendations contained in the final report, including, without

11-34   limitation, the revisions to the plan to improve the achievement of the

11-35   school’s pupils adopted by the panel. The board of trustees shall submit

11-36   a copy of the follow-up report to the:

11-37     (1) Principal of the school;

11-38     (2) Superintendent of schools of the school district in which the

11-39   school is located;

11-40     (3) Superintendent of public instruction;

11-41     (4) Governor;

11-42     (5) State board;

11-43     (6) Department;

11-44     (7) Committee; and

11-45     (8) Bureau.

11-46  [2.] 6.  The department shall, not more than 1 month after receiving the

11-47   final written report submitted by the panel:

11-48  (a) Amend the most recent plan prepared by the department for the

11-49   school . [pursuant to NRS 385.373 or 385.375.] In amending the plan, the

12-1  department shall incorporate the revisions adopted by the panel pursuant to

12-2  paragraph [(g)] (d) of subsection 1.

12-3    (b) Submit to the panel a copy of an amended plan for the school which

12-4   demonstrates to the satisfaction of the panel that the department

12-5   incorporated the revisions adopted by the panel pursuant to paragraph [(g)]

12-6   (d) of subsection 1.

12-7    [3.] 7.  The department shall submit to the panel a copy of the

12-8   designation that it gives to the school pursuant to NRS 385.363 or NRS

12-9   385.368 for the school year immediately succeeding the establishment of

12-10   the panel. If the school does not earn a designation as demonstrating

12-11   exemplary achievement, high achievement or adequate achievement for

12-12   the school year immediately succeeding the establishment of the panel, the

12-13   panel shall take such action pursuant to subsection 1 and NRS 385.383 as

12-14   it deems necessary to ensure that the school takes action to improve its

12-15   designation.

12-16  Sec. 8.  NRS 385.389 is hereby amended to read as follows:

12-17  385.389  1.  The department shall adopt programs of remedial study

12-18   for each subject tested on the examinations administered pursuant to NRS

12-19   389.015. In adopting these programs of remedial study, the department

12-20   shall consider the recommendations submitted by the committee pursuant

12-21   to NRS 218.5354 and programs of remedial study that have proven to be

12-22   successful in improving the academic achievement of pupils.

12-23  2.  A school that receives a designation as demonstrating need for

12-24   improvement pursuant to subsection 1 of NRS 385.367 shall adopt a

12-25   program of remedial study that has been adopted by the department

12-26   pursuant to subsection 1.

12-27  3.  A school district that includes a school which receives a designation

12-28   of demonstrating need for improvement pursuant to subsection 1 of NRS

12-29   385.367 shall ensure that each of the pupils enrolled in the school who

12-30   failed to demonstrate at least adequate achievement on the examinations

12-31   administered pursuant to NRS 389.015 completes, in accordance with the

12-32   requirements set forth in subsection 5 of NRS 389.015, remedial study that

12-33   is determined to be appropriate for the pupil.

12-34  Sec. 9.  NRS 385.448 is hereby amended to read as follows:

12-35  385.448  1.  A person who:

12-36  (a) Is [16] 17 years of age or older;

12-37  (b) If he is at least [16] 17 years of age but less than 18 years of age,

12-38   submits to the state board written permission signed by his parent or legal

12-39   guardian;

12-40  (c) Has not graduated from a high school;

12-41  (d) Is not currently enrolled in a high school; and

12-42  (e) Satisfies any other requirements prescribed by the state board,

12-43  may take the tests of general educational development prescribed by the

12-44   state board.

12-45  2.  The board of trustees of a school district may, upon request and

12-46   for good cause shown, grant permission to take the tests of general

12-47   educational development prescribed by the state board to a person who:

12-48  (a) Resides in the school district;

12-49  (b) Is at least 16 years of age but less than 17 years of age;

13-1    (c) Submits to the board of trustees written permission signed by his

13-2  parent or legal guardian;

13-3    (d) Has not graduated from a high school;

13-4    (e) Is not currently enrolled in a high school; and

13-5    (f) Satisfies any other requirements prescribed by the board of

13-6   trustees.

13-7    3.  The state board may adopt regulations to carry out the provisions of

13-8   [this section.

13-9    3.] subsection 1.

13-10  4.  As used in this section, “tests of general educational development”

13-11   means examinations which enable persons who have not graduated from

13-12   high school to demonstrate that they have achieved an educational level

13-13   which is an acceptable substitute for completing a high school education.

13-14  Sec. 10.  NRS 386.605 is hereby amended to read as follows:

13-15  386.605  1.  On or before [April 15] January 1 of each year, the

13-16   governing body of each charter school shall submit the information

13-17   concerning the charter school that is [contained in the report] required

13-18   pursuant to subsection 2 of NRS 385.347 to the [:

13-19  (a) Governor;

13-20  (b) State board;

13-21  (c) Department;

13-22  (d) Legislative committee on education created pursuant to NRS

13-23   218.5352; and

13-24  (e) Legislative bureau of educational accountability and program

13-25   evaluation created pursuant to NRS 218.5356.] board of trustees of the

13-26   school district in which the charter school is located, for inclusion in the

13-27   report of the school district pursuant to that section. The information

13-28   must be submitted by the charter school in a format prescribed by the

13-29   board of trustees.

13-30  2.  On or before April 15 of each year, the governing body of each

13-31   charter school shall submit the information [prepared by the governing

13-32   body] applicable to the charter school that is contained in the report

13-33   pursuant to paragraph (t) of subsection 2 of NRS 385.347 to the

13-34   commission on educational technology created pursuant to NRS 388.790.

13-35  3.  On or before June 15 of each year, the governing body of each

13-36   charter school shall [:

13-37  (a) Prepare:

13-38     (1) A separate] prepare a:

13-39  (a) Separate written report summarizing the effectiveness of the charter

13-40   school’s program of accountability. The report must include:

13-41       [(I)] (1) A review and analysis of the data upon which the report

13-42   required pursuant to subsection 2 of NRS 385.347 is based and a review

13-43   and analysis of any data that is more recent than the data upon which the

13-44   report is based; [and

13-45       (II)] (2) The identification of any problems or factors at the charter

13-46   school that are revealed by the review and analysis [.

13-47     (2) A written] ; and

13-48     (3) A summary of the efforts that the governing body has made or

13-49   intends to make to ensure that the teachers and other educational

14-1  personnel employed by the governing body receive training and other

14-2  professional development in:

14-3        (I) The standards of content and performance established by the

14-4   council to establish academic standards for public schools pursuant to

14-5   NRS 389.520;

14-6        (II) The assessment and measurement of pupil achievement and

14-7   the effective methods to analyze the test results and scores of pupils to

14-8   improve the achievement and proficiency of pupils; and

14-9        (III) Specific content areas to enable the teachers and other

14-10   educational personnel to provide a higher level of instruction in their

14-11   respective fields of teaching.

14-12  (b) Written procedure to improve the achievement of pupils who are

14-13   enrolled in the charter school, including, but not limited to, a description

14-14   of the efforts the governing body has made to correct any deficiencies

14-15   identified in the written report required pursuant to [subparagraph (1).]

14-16   paragraph (a). The written procedure must describe sources of data that

14-17   will be used by the governing body to evaluate the effectiveness of the

14-18   written procedure.

14-19  [(b) Submit]

14-20  4.  On or before June 15 of each year, the governing body of each

14-21   charter school shall submit copies of the written report and written

14-22   procedure required pursuant to [paragraph (a)] subsection 3 to the:

14-23     [(1) Governor;

14-24     (2)] (a) Governor;

14-25  (b) State board;

14-26     [(3) Department;

14-27     (4)] (c) Department;

14-28  (d) Legislative committee on education created pursuant to NRS

14-29   218.5352; [and]

14-30     [(5)] (e) Legislative bureau of educational accountability and

14-31   program evaluation created pursuant to NRS 218.5356 [.] ; and

14-32  (f) Board of trustees of the school district in which the charter school

14-33   is located.

14-34  [4.] 5. The department shall maintain a record of the information that

14-35   it receives from each charter school pursuant to this section in such a

14-36   manner as will allow the department to create for each charter school a

14-37   yearly profile of information.

14-38  [5.] 6. The governing body of each charter school shall ensure that a

14-39   copy of the written report and written procedure required pursuant to

14-40   [paragraph (a) of] subsection 3 is included with the final budget of the

14-41   charter school adopted by the governing body of the charter school

14-42   pursuant to the regulations of the department.

14-43  [6.] 7. The legislative bureau of educational accountability and

14-44   program evaluation created pursuant to NRS 218.5356 may authorize a

14-45   person or entity with whom it contracts pursuant to NRS 385.359 to

14-46   review and analyze information submitted by charter schools pursuant to

14-47   this section, consult with the governing bodies of charter schools and

14-48   submit written reports concerning charter schools pursuant to NRS

14-49   385.359.

 

 

15-1    Sec. 11.  NRS 387.123 is hereby amended to read as follows:

15-2    387.123  1.  The count of pupils for apportionment purposes includes

15-3   all pupils who are enrolled in programs of instruction of the school district

15-4   or pupils who reside in the county in which the school district is located

15-5   and are enrolled in any charter school for:

15-6    (a) Pupils in the kindergarten department.

15-7    (b) Pupils in grades 1 to 12, inclusive.

15-8    (c) Pupils not included under paragraph (a) or (b) who are receiving

15-9   special education pursuant to the provisions of NRS 388.440 to 388.520,

15-10   inclusive.

15-11  (d) Children detained in detention homes, alternative programs and

15-12   juvenile forestry camps receiving instruction pursuant to the provisions of

15-13   NRS 388.550, 388.560 and 388.570.

15-14  (e) Pupils who are enrolled in classes pursuant to subsection 4 of

15-15  NRS 386.560.

15-16  (f) Pupils who are enrolled in classes pursuant to subsection 3 of

15-17  NRS 392.070.

15-18  (g) [Part-time pupils] Pupils who are enrolled in classes and taking

15-19   courses necessary to receive a high school diploma, excluding those pupils

15-20   who are included in paragraphs (e) and (f).

15-21  2.  The state board shall establish uniform regulations for counting

15-22   enrollment and calculating the average daily attendance of pupils. In

15-23   establishing such regulations for the public schools, the state board:

15-24  (a) Shall divide the school year into 10 school months, each containing

15-25   20 or fewer school days.

15-26  (b) May divide the pupils in grades 1 to 12, inclusive, into categories

15-27   composed respectively of those enrolled in elementary schools and those

15-28   enrolled in secondary schools.

15-29  (c) Shall prohibit the counting of any pupil specified in subsection 1

15-30   more than once.

15-31  3.  Except as otherwise provided in subsection 4 and NRS 388.700, the

15-32   state board shall establish by regulation the maximum pupil-teacher ratio

15-33   in each grade, and for each subject matter wherever different subjects are

15-34   taught in separate classes, for each school district of this state which is

15-35   consistent with:

15-36  (a) The maintenance of an acceptable standard of instruction;

15-37  (b) The conditions prevailing in the school district with respect to the

15-38   number and distribution of pupils in each grade; and

15-39  (c) Methods of instruction used, which may include educational

15-40   television, team teaching or new teaching systems or techniques.

15-41  If the superintendent of public instruction finds that any school district is

15-42   maintaining one or more classes whose pupil-teacher ratio exceeds the

15-43   applicable maximum, and unless he finds that the board of trustees of the

15-44   school district has made every reasonable effort in good faith to comply

15-45   with the applicable standard, he shall, with the approval of the state board,

15-46   reduce the count of pupils for apportionment purposes by the percentage

15-47   which the number of pupils attending those classes is of the total number

15-48   of pupils in the district, and the state board may direct him to withhold the

15-49   quarterly apportionment entirely.

16-1    4.  A charter school is not required to comply with the pupil-teacher

16-2  ratio prescribed by the state board pursuant to subsection 3.

16-3    Sec. 12.  NRS 387.1233 is hereby amended to read as follows:

16-4    387.1233  1.  Except as otherwise provided in subsection 2, basic

16-5   support of each school district must be computed by:

16-6    (a) Multiplying the basic support guarantee per pupil established for that

16-7   school district for that school year by the sum of:

16-8      (1) Six-tenths the count of pupils enrolled in the kindergarten

16-9   department on the last day of the first school month of the school district

16-10   for the school year, including, without limitation, the count of pupils who

16-11   reside in the county and are enrolled in any charter school on the last day

16-12   of the first school month of the school district for the school year.

16-13     (2) The count of pupils enrolled in grades 1 to 12, inclusive, on the

16-14   last day of the first school month of the school district for the school year,

16-15   including, without limitation, the count of pupils who reside in the county

16-16   and are enrolled in any charter school on the last day of the first school

16-17   month of the school district for the school year.

16-18     (3) The count of pupils not included under subparagraph (1) or (2)

16-19   who are receiving special education pursuant to the provisions of NRS

16-20   388.440 to 388.520, inclusive, on the last day of the first school month of

16-21   the school district for the school year, excluding the count of pupils who

16-22   have not attained the age of 5 years and who are receiving special

16-23   education pursuant to subsection 1 of NRS 388.490 on that day.

16-24     (4) Six-tenths the count of pupils who have not attained the age of 5

16-25   years and who are receiving special education pursuant to subsection 1 of

16-26   NRS 388.490 on the last day of the first school month of the school district

16-27   for the school year.

16-28     (5) The count of children detained in detention homes, alternative

16-29   programs and juvenile forestry camps receiving instruction pursuant to the

16-30   provisions of NRS 388.550, 388.560 and 388.570 on the last day of the

16-31   first school month of the school district for the school year.

16-32     (6) The count of pupils who are enrolled in classes for at least one

16-33   semester pursuant to subsection 4 of NRS 386.560 or subsection 3 of NRS

16-34   392.070, expressed as a percentage of the total time services are provided

16-35   to those pupils per school day in proportion to the total time services are

16-36   provided during a school day to pupils who are counted pursuant to

16-37   subparagraph (2).

16-38  (b) Multiplying the number of special education program units

16-39   maintained and operated by the amount per program established for that

16-40   school year.

16-41  (c) Adding the amounts computed in paragraphs (a) and (b).

16-42  2.  If the enrollment of pupils in a school district or a charter school

16-43   that is located within the school district on the last day of the first school

16-44   month of the school district for the school year is less than the enrollment

16-45   of pupils in the same school district or charter school on the last day of the

16-46   first school month of the school district for either or both of the

16-47   immediately preceding 2 school [year, the larger] years, the largest

16-48   number must be used from among the 3 years for purposes of

16-49   apportioning money from the state distributive school account to that

16-50   school district or charter school pursuant to NRS 387.124.

17-1    3.  Pupils who are excused from attendance at examinations or have

17-2  completed their work in accordance with the rules of the board of trustees

17-3   must be credited with attendance during that period.

17-4    4.  Pupils who are incarcerated in a facility or institution operated by

17-5   the department of prisons must not be counted for the purpose of

17-6   computing basic support pursuant to this section. The average daily

17-7   attendance for such pupils must be reported to the department of

17-8   education.

17-9    5.  [Part-time pupils] Pupils who are enrolled in courses which are

17-10   approved by the department as meeting the requirements for an adult to

17-11   earn a high school diploma must not be counted for the purpose of

17-12   computing basic support pursuant to this section. [The average daily

17-13   attendance for such pupils must be reported to the department.]

17-14  Sec. 13.  NRS 387.303 is hereby amended to read as follows:

17-15  387.303  1.  Not later than November 10 of each year, the board of

17-16   trustees of each school district shall submit to the superintendent of public

17-17   instruction and the department of taxation a report which includes the

17-18   following information:

17-19  (a) For each fund within the school district, including, without

17-20   limitation, the school district’s general fund and any special revenue fund

17-21   which receives state money, the total number and salaries of licensed and

17-22   nonlicensed persons whose salaries are paid from the fund and who are

17-23   employed by the school district in full-time positions or in part-time

17-24   positions added together to represent full-time positions. Information must

17-25   be provided for the current school year based upon the school district’s

17-26   final budget, including any amendments and augmentations thereto, and

17-27   for the preceding school year. An employee must be categorized as filling

17-28   an instructional, administrative, instructional support or other position.

17-29  (b) The count of pupils computed pursuant to paragraph (a) of

17-30   subsection 1 of NRS 387.1233.

17-31  (c) [The average daily attendance for the preceding school year and the

17-32   estimated average daily attendance for the current school year of part-time

17-33   pupils enrolled in courses which are approved by the department as

17-34   meeting the requirements for an adult to earn a high school diploma.

17-35  (d)] The school district’s actual expenditures in the fiscal year

17-36   immediately preceding the report.

17-37  [(e)] (d) The school district’s proposed expenditures for the current

17-38   fiscal year.

17-39  [(f)] (e) The schedule of salaries for licensed employees in the current

17-40   school year and a statement of whether the negotiations regarding salaries

17-41   for the current school year have been completed. If the negotiations have

17-42   not been completed at the time the schedule of salaries is submitted, the

17-43   board of trustees shall submit a supplemental report to the superintendent

17-44   of public instruction upon completion of negotiations or the determination

17-45   of an arbitrator concerning the negotiations that includes the schedule of

17-46   salaries agreed to or required by the arbitrator.

17-47  [(g)] (f) The number of teachers who received an increase in salary

17-48   pursuant to subsection 2 of NRS 391.160 for the current and preceding

17-49   fiscal years.

18-1    [(h)] (g) The number of employees eligible for health insurance within

18-2  the school district for the current and preceding fiscal years and the amount

18-3   paid for health insurance for each such employee during those years.

18-4    [(i)] (h) The rates for fringe benefits, excluding health insurance, paid

18-5   by the school district for its licensed employees in the preceding and

18-6   current fiscal years.

18-7    [(j)] (i) The amount paid for extra duties, supervision of extracurricular

18-8   activities and supplemental pay and the number of employees receiving

18-9   that pay in the preceding and current fiscal years.

18-10  2.  On or before November 25 of each year, the superintendent of

18-11   public instruction shall submit to the department of administration and the

18-12   fiscal analysis division of the legislative counsel bureau, in a format

18-13   approved by the director of the department of administration, a

18-14   compilation of the reports made by each school district pursuant to

18-15   subsection 1.

18-16  3.  The superintendent of public instruction shall, in the compilation

18-17   required by subsection 2, reconcile the revenues and expenditures of the

18-18   school districts with the apportionment received by those districts from the

18-19   state distributive school account for the preceding year.

18-20  Sec. 14.  NRS 389.015 is hereby amended to read as follows:

18-21  389.015  1.  The board of trustees of each school district shall

18-22   administer examinations in all public schools of the school district. The

18-23   governing body of a charter school shall administer the same examinations

18-24   in the charter school. The examinations administered by the board of

18-25   trustees and governing body must determine the achievement and

18-26   proficiency of pupils in:

18-27  (a) Reading;

18-28  (b) Writing;

18-29  (c) Mathematics; and

18-30  (d) Administered in each school in accordance with the plan adopted

18-31   pursuant to section 2 of Assembly Bill No. 214 of this [act] session by the

18-32   department and with the plan adopted pursuant to section 4 of Assembly

18-33   Bill No. 214 of this [act] session by the board of trustees of the school

18-34   district in which the examinations are administered. The department shall

18-35   monitor the compliance of school districts and individual schools with:

18-36     (1) The plan adopted by the department; and

18-37     (2) The plan adopted by the board of trustees of the applicable school

18-38   district, to the extent that the plan adopted by the board of trustees of the

18-39   school district is consistent with the plan adopted by the department.

18-40  (e)  Science.

18-41  2.  The examinations required by subsection 1 must be:

18-42  (a) Administered before the completion of grades 4, 8, 10 and 11.

18-43  (b) Administered in each school district and each charter school at the

18-44   same time. The time for the administration of the examinations must be

18-45   prescribed by the state board.

18-46  (c) Administered in each school in accordance with uniform procedures

18-47   adopted by the state board. The department shall monitor the compliance

18-48   of school districts and individual schools with the uniform procedures.

18-49  (d) Scored by the department or a single private entity that has

18-50   contracted with the state board to score the examinations. If a private

18-51   entity

19-1  scores the examinations, it shall report the results of the examinations in

19-2  the form and by the date required by the department.

19-3    3.  Not more than 14 working days after the results of the examinations

19-4   are reported to the department by a private entity that scored the

19-5   examinations or the department completes the scoring of the examinations,

19-6   the superintendent of public instruction shall certify that the results of the

19-7   examinations have been transmitted to each school district and each

19-8   charter school. Not more than 10 working days after a school district

19-9   receives the results of the examinations, the superintendent of schools of

19-10   each school district shall certify that the results of the examinations have

19-11   been transmitted to each school within the school district. Except as

19-12   otherwise provided in this subsection, not more than 15 working days after

19-13   each school receives the results of the examinations, the principal of each

19-14   school and the governing body of each charter school shall certify that the

19-15   results for each pupil have been provided to the parent or legal guardian of

19-16   the pupil:

19-17  (a) During a conference between the teacher of the pupil or

19-18   administrator of the school and the parent or legal guardian of the pupil; or

19-19  (b) By mailing the results of the examinations to the last known address

19-20   of the parent or legal guardian of the pupil.

19-21  If a pupil fails the high school proficiency examination, the school shall

19-22   notify the pupil and the parents or legal guardian of the pupil as soon as

19-23   practicable but not later than 15 working days after the school receives the

19-24   results of the examination.

19-25  4.  Different standards of proficiency may be adopted for pupils with

19-26   diagnosed learning disabilities. If a pupil with a disability is unable to take

19-27   an examination created by a private entity under regular testing conditions

19-28   or with modifications and accommodations that are approved by the

19-29   private entity, the pupil may take the examination with modifications and

19-30   accommodations that are approved by the state board pursuant to

19-31   subsection 8. If a pupil with a disability is unable to take an examination

19-32   created by the department under regular testing conditions or with

19-33   modifications and accommodations that are approved by the department,

19-34   the pupil may take the examination with modifications and

19-35   accommodations that are approved by the state board pursuant to

19-36   subsection 8. The results of an examination that is taken under conditions

19-37   that are not approved by a private entity or the department, as applicable,

19-38   must not be reported pursuant to subsection 2 of NRS 389.017. If different

19-39   standards of proficiency are adopted or other modifications or

19-40   accommodations are made in the administration of the examinations for a

19-41   pupil who is enrolled in a program of special education pursuant to NRS

19-42   388.440 to 388.520, inclusive, other than a gifted and talented pupil, the

19-43   different standards adopted or other modifications or accommodations

19-44   must be set forth in the pupil’s program of special education developed in

19-45   accordance with the Individuals with Disabilities Education Act, 20 U.S.C.

19-46   §§ 1400 et seq., and the standards prescribed by the state board. During

19-47   the administration of the high school proficiency examination, a pupil with

19-48   a disability may be given additional time to complete the examination if

19-49   the additional time is a modification or accommodation that is approved in

19-50   the

20-1  pupil’s program of special education developed in accordance with the

20-2  Individuals with Disabilities Education Act, 20 U.S.C. §§ 1400 et seq.

20-3    5.  If a pupil fails to demonstrate at least adequate achievement on the

20-4   examination administered before the completion of grade 4, 8 or 10, he

20-5   may be promoted to the next higher grade, but the results of his

20-6   examination must be evaluated to determine what remedial study is

20-7   appropriate. If such a pupil is enrolled at a school that has been designated

20-8   as demonstrating need for improvement pursuant to subsection 1 of NRS

20-9   385.367 , the pupil must, in accordance with the requirements set forth in

20-10   this subsection, complete remedial study that is determined to be

20-11   appropriate for the pupil.

20-12  6.  If a pupil fails to pass the proficiency examination administered

20-13   before the completion of grade 11, he must not be graduated until he is

20-14   able, through remedial study, to pass the proficiency examination, but he

20-15   may be given a certificate of attendance, in place of a diploma, if he has

20-16   reached the age of 17 years.

20-17  7.  The state board shall prescribe standard examinations of

20-18   achievement and proficiency to be administered pursuant to subsection 1.

20-19   The examinations on reading, mathematics and science prescribed for

20-20   grades 4, 8 and 10 must be selected from examinations created by private

20-21   entities and administered to a national reference group, and must allow for

20-22   a comparison of the achievement and proficiency of pupils in grades 4, 8

20-23   and 10 in this state to that of a national reference group of pupils in grades

20-24   4, 8 and 10. The questions contained in the examinations and the approved

20-25   answers used for grading them are confidential, and disclosure is unlawful

20-26   except:

20-27  (a) To the extent necessary for administering and evaluating the

20-28   examinations.

20-29  (b) That a disclosure may be made to a:

20-30     (1) State officer who is a member of the executive or legislative

20-31   branch to the extent that it is necessary for the performance of his duties;

20-32     (2) Superintendent of schools of a school district to the extent that it

20-33   is necessary for the performance of his duties;

20-34     (3) Director of curriculum of a school district to the extent that it is

20-35   necessary for the performance of his duties; and

20-36     (4) Director of testing of a school district to the extent that it is

20-37   necessary for the performance of his duties.

20-38  (c) That specific questions and answers may be disclosed if the

20-39   superintendent of public instruction determines that the content of the

20-40   questions and answers is not being used in a current examination and

20-41   making the content available to the public poses no threat to the security of

20-42   the current examination process.

20-43  8.  The state board shall prescribe, in accordance with the Individuals

20-44   with Disabilities Education Act, 20 U.S.C. §§ 1400 et seq., the

20-45   modifications and accommodations that may be used in the administration

20-46   of an examination to a pupil with a disability who is unable to take the

20-47   examination under regular testing conditions or with modifications and

20-48   accommodations that are approved by the private entity that created the

20-49   examination or, if the department created the examination, by the

21-1  department. These regulations may include, without limitation, authorizing

21-2  a pupil to complete an examination with additional time.

21-3    Sec. 15.  NRS 389.017 is hereby amended to read as follows:

21-4    389.017  1.  The state board shall prescribe regulations requiring that

21-5   each board of trustees of a school district and each governing body of a

21-6   charter school submit to the superintendent of public instruction and the

21-7   department, in the form and manner prescribed by the superintendent, the

21-8   results of achievement and proficiency examinations given in the 4th, 8th,

21-9   10th and 11th grades to public school pupils of the district and charter

21-10   schools. The state board shall not include in the regulations any provision

21-11   which would violate the confidentiality of the test scores of any individual

21-12   pupil.

21-13  2.  The results of examinations must be reported for each school,

21-14   including, without limitation, each charter school, school district and this

21-15   state as follows:

21-16  (a) The average score, as defined by the department, of pupils who took

21-17   the examinations under regular testing conditions; and

21-18  (b) The average score, as defined by the department, of pupils who took

21-19   the examinations with modifications or accommodations approved by the

21-20   private entity that created the examination or, if the department created the

21-21   examination, the department, if such reporting does not violate the

21-22   confidentiality of the test scores of any individual pupil.

21-23  3.  The department shall adopt regulations prescribing the requirements

21-24   for reporting the scores of pupils who:

21-25  (a) Took the examinations under conditions that were not approved by

21-26   the private entity that created the examination or, if the department created

21-27   the examination, by the department;

21-28  (b) Are enrolled in special schools for children with disabilities;

21-29  (c) Are enrolled in an alternative program for the education of pupils at

21-30   risk of dropping out of high school; or

21-31  (d) Are detained in a:

21-32     (1) Youth training center;

21-33     (2) Youth center;

21-34     (3) Juvenile forestry camp;

21-35     (4) Detention home;

21-36     (5) Youth camp;

21-37     (6) Juvenile correctional institution; or

21-38     (7) Correctional institution.

21-39  The scores reported pursuant to this subsection must not be included in the

21-40   average scores reported pursuant to subsection 2.

21-41  4.  Not later than 10 days after the department receives the results of

21-42   the achievement and proficiency examinations, the department shall

21-43   transmit a copy of the results of the examinations administered pursuant to

21-44   NRS 389.015 to the legislative bureau of educational accountability and

21-45   program evaluation in a manner that does not violate the confidentiality of

21-46   the test scores of any individual pupil.

21-47  5.  On or before November [1] 15 of each year, each school district and

21-48   each charter school shall report to the department the following

21-49   information for each examination administered in the public schools in the

21-50   school district or charter school:

22-1    (a) The examination administered;

22-2    (b) The grade level or levels of pupils to whom the examination was

22-3   administered;

22-4    (c) The costs incurred by the school district or charter school in

22-5   administering each examination; and

22-6    (d) The purpose, if any, for which the results of the examination are

22-7   used by the school district or charter school.

22-8  On or before December [1] 15 of each year, the department shall transmit

22-9   to the budget division of the department of administration and the fiscal

22-10   analysis division of the legislative counsel bureau the information

22-11   submitted to the department pursuant to this subsection.

22-12  6.  The superintendent of schools of each school district and the

22-13   governing body of each charter school shall certify that the number of

22-14   pupils who took the examinations required pursuant to NRS 389.015 is

22-15   equal to the number of pupils who are enrolled in each school in the

22-16   school district or in the charter school who are required to take the

22-17   examinations except for those pupils who are exempt from taking the

22-18   examinations. A pupil may be exempt from taking the examinations if:

22-19  (a) His primary language is not English and his proficiency in the

22-20   English language is below the level that the state board determines is

22-21   proficient, as measured by an assessment of proficiency in the English

22-22   language prescribed by the state board pursuant to subsection 8; or

22-23  (b) He is enrolled in a program of special education pursuant to NRS

22-24   388.440 to 388.520, inclusive, and his program of special education

22-25   specifies that he is exempt from taking the examinations.

22-26  7.  In addition to the information required by subsection 5, the

22-27   superintendent of public instruction shall:

22-28  (a) Report the number of pupils who were not exempt from taking the

22-29   examinations but were absent from school on the day that the

22-30   examinations were administered; and

22-31  (b) Reconcile the number of pupils who were required to take the

22-32   examinations with the number of pupils who were exempt from taking the

22-33   examinations or absent from school on the day that the examinations were

22-34   administered.

22-35  8.  The state board shall prescribe an assessment of proficiency in the

22-36   English language for pupils whose primary language is not English to

22-37   determine which pupils are exempt from the examinations pursuant to

22-38   paragraph (a) of subsection 6.

22-39  Sec. 16.  NRS 389.020 is hereby amended to read as follows:

22-40  389.020  1.  In all public schools, the Caliente youth center and the

22-41   Nevada youth training center, instruction must be given in American

22-42   government, including [but not limited to the essentials] , without

22-43   limitation, the:

22-44  (a) Essentials of the :

22-45     (1) Constitution of the United States,  [the constitution] including,

22-46   without limitation, the Bill of Rights;

22-47     (2) Constitution of the State of Nevada [, the origin] ; and

22-48     (3) Declaration of Independence;

22-49  (b) Origin and history of the constitutions ; and [the study]

22-50  (c) Study of and devotion to American institutions and ideals.

23-1    2.  The instruction required in subsection 1 must be given during at

23-2  least 1 year of the elementary school grades and for a period of at least 1

23-3   year in all high schools.

23-4    Sec. 17.  NRS 389.030 is hereby amended to read as follows:

23-5    389.030  American history, including , without limitation, the history

23-6   of the :

23-7    1.  Constitution of the United States, including, without limitation,

23-8   the Bill of Rights;

23-9    2.  State of Nevada , including, without limitation, the Constitution of

23-10   the State of Nevada; and

23-11  3.  Declaration of Independence,

23-12  must be taught in all of the public schools in the State of Nevada for a

23-13   period of at least 1 year.

23-14  Sec. 18.  NRS 389.560 is hereby amended to read as follows:

23-15  389.560  1.  The state board shall adopt regulations that require the

23-16   board of trustees of each school district and the governing body of each

23-17   charter school to submit to the superintendent of public instruction, the

23-18   department and the council, in the form and manner prescribed by the

23-19   superintendent, the results of the examinations administered pursuant to

23-20   NRS 389.550. The state board shall not include in the regulations any

23-21   provision that would violate the confidentiality of the test scores of an

23-22   individual pupil.

23-23  2.  The results of the examinations must be reported for each school,

23-24   including, without limitation, each charter school, school district and this

23-25   state, as follows:

23-26  (a) The percentage of pupils who have demonstrated proficiency, as

23-27   defined by the department, and took the examinations under regular testing

23-28   conditions; and

23-29  (b) The percentage of pupils who have demonstrated proficiency, as

23-30   defined by the department, and took the examinations with modifications

23-31   or accommodations approved by the private entity that created the

23-32   examination or, if the department created the examination, the department,

23-33   if such reporting does not violate the confidentiality of the test scores of

23-34   any individual pupil.

23-35  3.  The department shall adopt regulations prescribing the requirements

23-36   for reporting the results of pupils who:

23-37  (a) Took the examinations under conditions that were not approved by

23-38   the private entity that created the examination or, if the department created

23-39   the examination, by the department;

23-40  (b) Are enrolled in special schools for children with disabilities;

23-41  (c) Are enrolled in an alternative program for the education of pupils at

23-42   risk of dropping out of high school; or

23-43  (d) Are detained in a:

23-44     (1) Youth training center;

23-45     (2) Youth center;

23-46     (3) Juvenile forestry camp;

23-47     (4) Detention home;

23-48     (5) Youth camp;

23-49     (6) Juvenile correctional institution; or

23-50     (7) Correctional institution.

24-1  The results reported pursuant to this subsection must not be included in the

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

24-3    4.  Not later than 10 days after the department receives the results of

24-4   the examinations, the department shall transmit a copy of the results to the

24-5   legislative bureau of educational accountability and program evaluation in

24-6   a manner that does not violate the confidentiality of the test scores of any

24-7   individual pupil.

24-8    5.  On or before November [1] 15 of each year, each school district and

24-9   each charter school shall report to the department the following

24-10   information for each examination administered in the public schools in the

24-11   school district or charter school:

24-12  (a) The examination administered;

24-13  (b) The grade level or levels of pupils to whom the examination was

24-14   administered;

24-15  (c) The costs incurred by the school district or charter school in

24-16   administering each examination; and

24-17  (d) The purpose, if any, for which the results of the examination are

24-18   used by the school district or charter school.

24-19  On or before December [1] 15 of each year, the department shall transmit

24-20   to the budget division of the department of administration and the fiscal

24-21   analysis division of the legislative counsel bureau the information

24-22   submitted to the department pursuant to this subsection.

24-23  6.  The superintendent of schools of each school district and the

24-24   governing body of each charter school shall certify that the number of

24-25   pupils who took the examinations is equal to the number of pupils who are

24-26   enrolled in each school in the school district or in the charter school who

24-27   are required to take the examinations, except for those pupils who are

24-28   exempt from taking the examinations. A pupil may be exempt from taking

24-29   the examinations if:

24-30  (a) His primary language is not English and his proficiency in the

24-31   English language is below the level that the state board determines is

24-32   proficient, as measured by an assessment of proficiency in the English

24-33   language prescribed by the state board pursuant to subsection 8; or

24-34  (b) He is enrolled in a program of special education pursuant to NRS

24-35   388.440 to 388.520, inclusive, and his program of special education

24-36   specifies that he is exempt from taking the examinations.

24-37  7.  In addition to the information required by subsection 5, the

24-38   superintendent of public instruction shall:

24-39  (a) Report the number of pupils who were not exempt from taking the

24-40   examinations but were absent from school on the day that the

24-41   examinations were administered; and

24-42  (b) Reconcile the number of pupils who were required to take the

24-43   examinations with the number of pupils who were exempt from taking the

24-44   examinations or absent from school on the day that the examinations were

24-45   administered.

24-46  8.  The state board shall prescribe an assessment of proficiency in the

24-47   English language for pupils whose primary language is not English to

24-48   determine which pupils are exempt from the examinations pursuant to

24-49   paragraph (a) of subsection 6.

25-1    Sec. 19.  Chapter 392 of NRS is hereby amended by adding thereto a

25-2  new section to read as follows:

25-3     Attendance required by the provisions of NRS 392.040 must be

25-4   excused if a child has obtained permission to take the tests of general

25-5   educational development pursuant to NRS 385.448.

25-6    Sec. 20.  Section 5 of Senate Bill No. 36 of this session is hereby

25-7   amended to read as follows:

25-8    Sec. 5. NRS 387.303 is hereby amended to read as follows:

25-9     387.303  1.  Not later than November 10 of each year, the board

25-10   of trustees of each school district shall submit to the superintendent

25-11   of public instruction and the department of taxation a report which

25-12   includes the following information:

25-13  (a) For each fund within the school district, including, without

25-14   limitation, the school district’s general fund and any special revenue

25-15   fund which receives state money, the total number and salaries of

25-16   licensed and nonlicensed persons whose salaries are paid from the

25-17   fund and who are employed by the school district in full-time

25-18   positions or in part-time positions added together to represent full

25-19  -time positions. Information must be provided for the current school

25-20   year based upon the school district’s final budget, including any

25-21   amendments and augmentations thereto, and for the preceding school

25-22   year. An employee must be categorized as filling an instructional,

25-23   administrative, instructional support or other position.

25-24  (b) The count of pupils computed pursuant to paragraph (a) of

25-25   subsection 1 of NRS 387.1233.

25-26  (c) The school district’s actual expenditures in the fiscal year

25-27   immediately preceding the report.

25-28  (d) The school district’s proposed expenditures for the current

25-29   fiscal year.

25-30  (e) The schedule of salaries for licensed employees in the current

25-31   school year and a statement of whether the negotiations regarding

25-32   salaries for the current school year have been completed. If the

25-33   negotiations have not been completed at the time the schedule of

25-34   salaries is submitted, the board of trustees shall submit a

25-35   supplemental report to the superintendent of public instruction upon

25-36   completion of negotiations or the determination of an arbitrator

25-37   concerning the negotiations that includes the schedule of salaries

25-38   agreed to or required by the arbitrator.

25-39  (f) The number of teachers who received an increase in salary

25-40   pursuant to subsection 2 of NRS 391.160 for the current and

25-41   preceding fiscal years.

25-42  (g) The number of employees eligible for health insurance within

25-43   the school district for the current and preceding fiscal years and the

25-44   amount paid for health insurance for each such employee during

25-45   those years.

25-46  (h) The rates for fringe benefits, excluding health insurance, paid

25-47   by the school district for its licensed employees in the preceding and

25-48   current fiscal years.

26-1    (i) The amount paid for extra duties, supervision of extracurricular

26-2  activities and supplemental pay and the number of employees

26-3   receiving that pay in the preceding and current fiscal years.

26-4    (j) The expenditures from the account created pursuant to

26-5   subsection 3 of NRS 179.1187. The report must indicate the total

26-6   amount received by the district in the preceding fiscal year, and the

26-7   specific amount spent on books and computer hardware and

26-8   software for each grade level in the district.

26-9    2.  On or before November 25 of each year, the superintendent of

26-10   public instruction shall submit to the department of administration

26-11   and the fiscal analysis division of the legislative counsel bureau, in a

26-12   format approved by the director of the department of administration,

26-13   a compilation of the reports made by each school district pursuant to

26-14   subsection 1.

26-15  3.  The superintendent of public instruction shall, in the

26-16   compilation required by subsection 2, reconcile the revenues and

26-17   expenditures of the school districts with the apportionment received

26-18   by those districts from the state distributive school account for the

26-19   preceding year.

26-20  Sec. 21.  1.  This section and sections 1 to 13, inclusive, and 15 to 20,

26-21   inclusive, of this act become effective on July 1, 2001.

26-22  2.  Section 14 of this act becomes effective at 12:01 a.m. on July 1,

26-23   2001.

 

26-24  ²⁰~~~~~⁰¹