(REPRINTED WITH ADOPTED AMENDMENTS)
FIRST REPRINTS.B. 165
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.
~
EXPLANATION
– Matter in bolded italics is new; matter
between brackets [omitted material] is material to be omitted.
Green numbers along left margin indicate location on the printed bill (e.g., 5-15 indicates page 5, line 15).
AN ACT relating to education; revising provisions 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
2-1 pursuant to NRS 389.015 and shall compare the results of those
2-2 examinations for the current school year with those of previous school
2-3 years. The report must include, for each school in the district, including,
2-4 without limitation, each charter school in the district, and each grade in
2-5 which the examinations were administered:
2-6 (1) The number of pupils who took the examinations;
2-7 (2) An explanation of instances in which a school was exempt from
2-8 administering or a pupil was exempt from taking an examination; and
2-9 (3) A record of attendance for the period in which the examinations
2-10 were administered, including an explanation of any difference in the
2-11 number of pupils who took the examinations and the number of pupils who
2-12 are enrolled in the school.
2-13 In addition, the board shall also report the results of other examinations of
2-14 pupil achievement administered to pupils in the school district in grades
2-15 other than 4, 8, 10 and 11. The results of these examinations for the current
2-16 school year must be compared with those of previous school years.
2-17 (c) The ratio of pupils to teachers in kindergarten and at each grade
2-18 level for each elementary school in the district and the district as a whole,
2-19 including, without limitation, each charter school in the district, the
2-20 average class size for each required course of study for each secondary
2-21 school in the district and the district as a whole, including, without
2-22 limitation, each charter school in the district, and other data concerning
2-23 licensed and unlicensed employees of the school district.
2-24 (d) The percentage of classes taught by teachers who have been
2-25 assigned to teach English, mathematics, science or social studies but do not
2-26 possess a license with an endorsement to teach in that subject area, 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 (e) The total expenditure per pupil for each school in the district and the
2-30 district as a whole, including, without limitation, each charter school in the
2-31 district.
2-32 (f) The curriculum used by the school district, including:
2-33 (1) Any special programs for pupils at an individual school; and
2-34 (2) The curriculum used by each charter school in the district.
2-35 (g) Records of the attendance and truancy of pupils in all grades,
2-36 including, without limitation, the average daily attendance of pupils, for
2-37 each school in the district and the district as a whole, including, without
2-38 limitation, each charter school in the district.
2-39 (h) The annual rate of pupils who drop out of school in grades 9 to 12,
2-40 inclusive, for each such grade, for each school in the district and for the
2-41 district as a whole, excluding pupils who:
2-42 (1) Provide proof to the school district of successful completion of
2-43 the examinations of general educational development.
2-44 (2) Are enrolled in courses that are approved by the department as
2-45 meeting the requirements for an adult standard diploma.
2-46 (3) Withdraw from school to attend another school.
2-47 (i) Records of attendance of teachers who provide instruction, for each
2-48 school in the district and the district as a whole, including, without
2-49 limitation, each charter school in the district.
3-1 (j) Efforts made by the school district and by each school in the district,
3-2 including, without limitation, each charter school in the district, to
3-3 increase:
3-4 (1) Communication with the parents of pupils in the district; and
3-5 (2) The participation of parents in the educational process and
3-6 activities relating to the school district and each school, including, without
3-7 limitation, the existence of parent organizations and school advisory
3-8 committees.
3-9 (k) Records of incidents involving weapons or violence for each school
3-10 in the district, including, without limitation, each charter school in the
3-11 district.
3-12 (l) Records of incidents involving the use or possession of alcoholic
3-13 beverages or controlled substances for each school in the district,
3-14 including, without limitation, each charter school in the district.
3-15 (m) Records of the suspension and expulsion of pupils required or
3-16 authorized pursuant to NRS 392.466 and 392.467.
3-17 (n) The number of pupils who are deemed habitual disciplinary
3-18 problems pursuant to NRS 392.4655, for each school in the district and the
3-19 district as a whole, including, without limitation, each charter school in the
3-20 district.
3-21 (o) The number of pupils in each grade who are retained in the same
3-22 grade pursuant to NRS 392.125, for each school in the district and the
3-23 district as a whole, including, without limitation, each charter school in the
3-24 district.
3-25 (p) The transiency rate of pupils for each school in the district and the
3-26 district as a whole, including, without limitation, each charter school in the
3-27 district. For the purposes of this paragraph, a pupil is not transient if he is
3-28 transferred to a different school within the school district as a result of a
3-29 change in the zone of attendance by the board of trustees of the school
3-30 district pursuant to NRS 388.040.
3-31 (q) Each source of funding for the school district.
3-32 (r) The amount and sources of money received for remedial education
3-33 for each school in the district and the district as a whole, including, without
3-34 limitation, each charter school in the district.
3-35 (s) For each high school in the district, including, without limitation,
3-36 each charter school in the district, the percentage of pupils who graduated
3-37 from that high school or charter school in the immediately preceding year
3-38 and enrolled in remedial courses in reading, writing or mathematics at a
3-39 university or community college within the University and Community
3-40 College System of Nevada.
3-41 (t) The technological facilities and equipment available at each school,
3-42 including, without limitation, each charter school, and the district’s plan to
3-43 incorporate educational technology at each school.
3-44 (u) For each school in the district and the district as a whole, including,
3-45 without limitation, each charter school in the district, the number and
3-46 percentage of pupils who graduate with:
3-47 (1) A standard high school diploma.
3-48 (2) An adjusted diploma.
3-49 (3) A certificate of attendance.
4-1 (v) For each school in the district and the district as a whole, including,
4-2 without limitation, each charter school in the district, the number and
4-3 percentage of pupils who did not receive a high school diploma because the
4-4 pupils failed to pass the high school proficiency examination.
4-5 (w) The number of habitual truants who are reported to a school police
4-6 officer or law enforcement agency pursuant to paragraph (a) of subsection
4-7 2 of NRS 392.144 and the number of habitual truants who are referred to
4-8 an advisory board to review school attendance pursuant to paragraph (b) of
4-9 subsection 2 of NRS 392.144, for each school in the district and for the
4-10 district as a whole.
4-11 (x) The amount and sources of money received for the training and
4-12 professional development of teachers and other educational personnel
4-13 for each school in the district and for the district as a whole, including,
4-14 without limitation, each charter school in the district.
4-15 (y) Such other information as is directed by the superintendent of public
4-16 instruction.
4-17 3. The records of attendance maintained by a school for purposes of
4-18 paragraph (i) of subsection 2 must include the number of teachers who are
4-19 in attendance at school and the number of teachers who are absent from
4-20 school. A teacher shall be deemed in attendance if the teacher is excused
4-21 from being present in the classroom by the school in which he is employed
4-22 for one of the following reasons:
4-23 (a) Acquisition of knowledge or skills relating to the professional
4-24 development of the teacher; or
4-25 (b) Assignment of the teacher to perform duties for cocurricular or
4-26 extracurricular activities of pupils.
4-27 4. The superintendent of public instruction shall:
4-28 (a) Prescribe forms for the reports required pursuant to subsection 2 and
4-29 provide the forms to the respective school districts.
4-30 (b) Provide statistical information and technical assistance to the school
4-31 districts to ensure that the reports provide comparable information with
4-32 respect to each school in each district and among the districts.
4-33 (c) Consult with a representative of the:
4-34 (1) Nevada State Education Association;
4-35 (2) Nevada Association of School Boards;
4-36 (3) Nevada Association of School Administrators;
4-37 (4) Nevada Parent Teachers Association;
4-38 (5) Budget division of the department of administration; and
4-39 (6) Legislative counsel bureau,
4-40 concerning the program and consider any advice or recommendations
4-41 submitted by the representatives with respect to the program.
4-42 5. The superintendent of public instruction may consult with
4-43 representatives of parent groups other than the Nevada Parent Teachers
4-44 Association concerning the program and consider any advice or
4-45 recommendations submitted by the representatives with respect to the
4-46 program.
4-47 6. On or before April 15 of each year, the board of trustees of each
4-48 school district shall submit to each advisory board to review school
5-1 attendance created in the county pursuant to NRS 392.126 the information
5-2 required in paragraph (g) of subsection 2.
5-3 Sec. 2. NRS 385.351 is hereby amended to read as follows:
5-4 385.351 1. On or before April 15 of each year, the board of trustees
5-5 of each school district shall submit the report required pursuant to
5-6 subsection 2 of NRS 385.347 to the:
5-7 (a) Governor;
5-8 (b) State board;
5-9 (c) Department;
5-10 (d) Committee; and
5-11 (e) Bureau.
5-12 2. On or before April 15 of each year, the board of trustees of each
5-13 school district shall submit the information prepared by the board of
5-14 trustees pursuant to paragraph (t) of subsection 2 of NRS 385.347 to the
5-15 commission on educational technology created pursuant to NRS 388.790.
5-16 3. On or before June 15 of each year, the board of trustees of each
5-17 school district shall [:
5-18 (a) Prepare:
5-19 (1) A separate] prepare a:
5-20 (a) Separate written report summarizing the effectiveness of the
5-21 district’s program of accountability. The report must include:
5-22 [(I)] (1) A review and analysis of the data upon which the report
5-23 required pursuant to subsection 2 of NRS 385.347 is based and a review
5-24 and analysis of any data that is more recent than the data upon which the
5-25 report is based;
5-26 [(II)] (2) The identification of any problems or factors at
5-27 individual schools that are revealed by the review and analysis;
5-28 [(III)] (3) A summary of the efforts that the school district has
5-29 made or intends to make in response to the deficiencies or in response to
5-30 the recommendations identified in the report submitted to the district
5-31 pursuant to paragraph (b) of subsection 1 of NRS 385.359; [and
5-32 (IV)] (4) A description of the progress that the school district has
5-33 achieved, if any, as a result of the recommendations submitted pursuant to
5-34 paragraph (b) of subsection 1 of NRS 385.359 in preceding years and any
5-35 other analyses made in preceding years [.
5-36 (2) A written] ; and
5-37 (5) A summary of the efforts that the school district has made or
5-38 intends to make to ensure that the teachers and other educational
5-39 personnel employed by the school district receive training and other
5-40 professional development in:
5-41 (I) The standards of content and performance established by the
5-42 council to establish academic standards for public schools pursuant to
5-43 NRS 389.520;
5-44 (II) The assessment and measurement of pupil achievement and
5-45 the effective methods to analyze the tests results and scores of pupils to
5-46 improve the achievement and proficiency of pupils; and
5-47 (III) Specific content areas to enable the teachers and other
5-48 educational personnel to provide a higher level of instruction in their
5-49 respective fields of teaching.
6-1 (b) Written procedure to improve the achievement of pupils who are
6-2 enrolled in schools within the district, including, but not limited to, a
6-3 description of the efforts the district has made to correct any deficiencies
6-4 identified in the written report required pursuant to [subparagraph (1).]
6-5 paragraph (a). The written procedure must describe sources of data that
6-6 will be used by the board of trustees to evaluate the effectiveness of the
6-7 written procedure.
6-8 [(b) Submit]
6-9 4. On or before June 15 of each year, the board of trustees of each
6-10 school district shall submit copies of the written report and written
6-11 procedure required pursuant to [paragraph (a)] subsection 3 to the:
6-12 [(1) Governor;
6-13 (2)] (a) Governor;
6-14 (b) State board;
6-15 [(3) Department;
6-16 (4)] (c) Department;
6-17 (d) Committee; and
6-18 [(5)] (e) Bureau.
6-19 [4.] 5. The department shall maintain a record of the information that
6-20 it receives from each school district pursuant to this section in such a
6-21 manner as will allow the department to create for each school a yearly
6-22 profile of information.
6-23 [5.] 6. The board of trustees of each school district shall ensure that a
6-24 copy of the written report and written procedure required pursuant to
6-25 [paragraph (a) of] subsection 3 is included with the final budget of the
6-26 school district adopted pursuant to NRS 354.598.
6-27 Sec. 3. NRS 385.367 is hereby amended to read as follows:
6-28 385.367 The department shall designate a public school as
6-29 demonstrating need for improvement if:
6-30 1. Less than 60 percent of the pupils enrolled in that school who took
6-31 the examinations administered pursuant to NRS 389.015 received an
6-32 average score on those examinations that is at least equal to the 26th
6-33 percentile of the national reference group of pupils to which the
6-34 examinations were compared; or
6-35 2. The average daily attendance of pupils who are enrolled in the
6-36 school is less than 90 percent for 3 or more consecutive years based upon
6-37 the yearly profile of information for the school maintained by the
6-38 department pursuant to subsection [4] 5 of NRS 385.351 [.] or subsection 5
6-39 of NRS 386.605.
6-40 3. A school that is designated as demonstrating need for
6-41 improvement based solely upon the provisions of subsection 2 is not
6-42 eligible to receive money for remedial programs made available by
6-43 legislative appropriation for the purposes of NRS 385.389.
6-44 Sec. 4. NRS 385.373 is hereby amended to read as follows:
6-45 385.373 If the department designates a school as demonstrating need
6-46 for improvement pursuant to NRS 385.367 for 2 consecutive years or
6-47 pursuant to NRS 385.368 for 1 year, the department shall:
6-48 1. Place the school on academic probation.
6-49 2. Prepare for that school a plan [to:] which:
7-1 (a) Is unique to the needs and goals of the school;
7-2 (b) Sets forth goals and objectives that are specific, measurable and
7-3 conducive to reliable evaluation; and
7-4 (c) Is designed to:
7-5 (1) Improve the achievement of the pupils who are enrolled in the
7-6 school as measured by the examinations required pursuant to NRS
7-7 389.015.
7-8 [(b)] (2) If the school received a designation pursuant to NRS 385.368,
7-9 increase the number of pupils who take the examinations required pursuant
7-10 to NRS 389.015 and ensure that all eligible pupils who are in attendance on
7-11 the day that the examinations are administered are given an opportunity to
7-12 take the examinations.
7-13 3. When applicable, amend the plan to incorporate the revisions
7-14 adopted by the panel established to supervise the academic probation of
7-15 the school, as required by subsection 6 of NRS 385.381.
7-16 4. On or before May 1 of the year in which the second designation was
7-17 made pursuant to NRS 385.367 or the first designation was made pursuant
7-18 to NRS 385.368, submit the plan to the:
7-19 (a) Board of trustees of the school district in which the school is
7-20 located;
7-21 (b) Governor;
7-22 (c) State board;
7-23 (d) Committee; and
7-24 (e) Bureau.
7-25 Sec. 5. NRS 385.375 is hereby amended to read as follows:
7-26 385.375 If the department designates a school as demonstrating need
7-27 for improvement pursuant to NRS 385.367 for 3 or more consecutive years
7-28 or pursuant to NRS 385.368 for 2 or more consecutive years:
7-29 1. The department shall:
7-30 (a) Continue the academic probation of the school;
7-31 (b) Prepare for that school a plan [to:] which:
7-32 (1) Is unique to the needs and goals of the school;
7-33 (2) Sets forth goals and objectives that are specific, measurable and
7-34 conducive to reliable evaluation; and
7-35 (3) Is designed to:
7-36 (I) Improve the achievement of the school’s pupils as measured by
7-37 the examinations required pursuant to NRS 389.015; and
7-38 [(2)] (II) If the school received a designation pursuant to NRS
7-39 385.368, increase the number of pupils who take the examinations required
7-40 pursuant to NRS 389.015; [and]
7-41 (c) When applicable, amend the plan to incorporate the revisions
7-42 adopted by the panel established to supervise the academic probation of
7-43 the school, as required by subsection 6 of NRS 385.381; and
7-44 (d) On or before May 1 of the year in which the third or subsequent
7-45 designation was made pursuant to NRS 385.367 or the second or
7-46 subsequent designation was made pursuant to NRS 385.368, submit the
7-47 plan to the:
7-48 (1) Board of trustees of the school district in which the school is
7-49 located;
8-1 (2) Governor;
8-2 (3) State board;
8-3 (4) Committee; and
8-4 (5) Bureau.
8-5 A plan prepared and submitted by the department pursuant to this
8-6 subsection must contain specific information about the school, including,
8-7 but not limited to, information concerning the administrative operation of
8-8 the school, the curriculum of the school and the financial and other
8-9 resources of the school.
8-10 2. [The] In addition to the follow-up report required pursuant to
8-11 subsection 5 of NRS 385.381, the board of trustees of the school district in
8-12 which the school is located shall, until such time as the school is designated
8-13 as demonstrating exemplary achievement, high achievement or adequate
8-14 achievement pursuant to NRS 385.365, make two reports per year, one at
8-15 the end of each semester, to the department, the committee, the bureau and
8-16 the governor concerning the progress of the school in carrying out the plan
8-17 prepared pursuant to subsection 1.
8-18 Sec. 6. NRS 385.378 is hereby amended to read as follows:
8-19 385.378 1. Except as otherwise provided in subsections 3 and 4, in
8-20 addition to the requirements set forth in NRS 385.373 and 385.375, if a
8-21 school receives two or more consecutive designations as demonstrating
8-22 need for improvement pursuant to NRS 385.367 or NRS 385.368, the
8-23 department shall, on or before August 1, establish a panel to supervise the
8-24 academic probation of the school. A panel established pursuant to this
8-25 section consists of nine members appointed by the superintendent of public
8-26 instruction as follows:
8-27 (a) Two instructors or professors who provide instruction within the
8-28 University and Community College System of Nevada;
8-29 (b) One representative of the private sector;
8-30 (c) Two parents or legal guardians of pupils who are enrolled in the
8-31 school;
8-32 (d) One person who is a member of the board of trustees of a school
8-33 district; and
8-34 (e) Three persons who are licensed educational personnel at public
8-35 schools within this state. One person appointed pursuant to this paragraph
8-36 must be a classroom teacher who provides instruction at a school that is not
8-37 located within the same school district as the school which is the subject of
8-38 the evaluation. One person appointed pursuant to this paragraph must be an
8-39 administrator at a school that is not located within the same school district
8-40 as the school which is the subject of the evaluation.
8-41 2. For each day or portion of a day during which a member of the
8-42 panel attends a meeting of the panel or is otherwise engaged in the work of
8-43 the panel, he is entitled to receive the per diem allowance and travel
8-44 expenses provided for state officers and employees generally. The school
8-45 district in which the school on academic probation is located shall pay the
8-46 allowances and expenses authorized pursuant to this subsection.
8-47 3. If a school receives two or more consecutive designations as
8-48 demonstrating need for improvement pursuant to NRS 385.367, the school
8-49 may submit to the department a request for a waiver of the requirement for
9-1 the establishment of a panel to supervise the academic probation of the
9-2 school. The department may grant such a waiver if the yearly profile of
9-3 information for the school maintained by the department pursuant to
9-4 subsection [4] 5 of NRS 385.351 or subsection 5 of NRS 386.605
9-5 demonstrates to the satisfaction of the department that the school has
9-6 significantly improved in each of the immediately preceding 3 years
9-7 covered by the profile.
9-8 4. If a school receives two or more consecutive designations as
9-9 demonstrating need for improvement pursuant to NRS 385.368, the school
9-10 may submit to the department a request for a waiver of the requirement for
9-11 the establishment of a panel to supervise the academic probation of the
9-12 school. The department may grant such a waiver if the yearly profile of
9-13 information for the school maintained by the department pursuant to
9-14 subsection [4] 5 of NRS 385.351 or subsection 5 of NRS 386.605
9-15 demonstrates to the satisfaction of the department that the number of pupils
9-16 enrolled in the school who take the examinations required pursuant to NRS
9-17 389.015 has significantly increased in each of the immediately preceding 2
9-18 years covered by the profile.
9-19 5. If the department grants a waiver pursuant to subsection 3 or 4, it
9-20 shall, on or before June 1 of each year, prepare a list that contains the name
9-21 of each school for which the department has granted a waiver and the
9-22 justification of the department for granting the waiver. The department
9-23 shall submit the list to the:
9-24 (a) Governor;
9-25 (b) State board;
9-26 (c) Committee; and
9-27 (d) Bureau.
9-28 Sec. 7. NRS 385.381 is hereby amended to read as follows:
9-29 385.381 1. A panel established pursuant to NRS 385.378 shall:
9-30 (a) Review the most recent plan to improve the achievement of the
9-31 school’s pupils prepared by the department for the school [pursuant to
9-32 NRS 385.373 or 385.375 or the plan prepared by the board of trustees of
9-33 the school district pursuant to NRS 385.364 or 385.371;] and the most
9-34 recent written report and written procedure prepared by the board of
9-35 trustees of the school district pursuant to subsection 3 of NRS 385.351;
9-36 (b) Identify and investigate the problems and factors at the school that
9-37 contributed to the designation of the school as demonstrating need for
9-38 improvement;
9-39 (c) Hold a public meeting to discuss the actions that the school will
9-40 need to take to warrant receiving a designation of demonstrating exemplary
9-41 achievement, high achievement or adequate achievement;
9-42 [(d) On or before December 1,] and
9-43 (d) In accordance with its findings pursuant to this subsection and
9-44 subsection 2, adopt written revisions to the most recent plan to improve
9-45 the achievement of the school’s pupils prepared by the department for the
9-46 school. The written revisions must:
9-47 (1) Include the data and findings of the panel that provide support
9-48 for the revisions;
9-49 (2) Set forth goals and objectives for the school that are:
10-1 (I) Designed to improve the achievement of the school’s pupils;
10-2 (II) Specific;
10-3 (III) Measurable; and
10-4 (IV) Conducive to reliable evaluation;
10-5 (3) Set forth a timeline to carry out the revisions, which must
10-6 provide for full implementation not later than 1 year after the panel
10-7 adopts the revisions;
10-8 (4) Set forth priorities for the school in carrying out the revisions;
10-9 and
10-10 (5) Set forth the duties of each person who is responsible for
10-11 carrying out the revisions.
10-12 2. In addition to the duties prescribed in subsection 1, a panel
10-13 established pursuant to NRS 385.378 shall prepare a written report that
10-14 includes [an] :
10-15 (a) A written response by the school district that is prepared in
10-16 accordance with subsection 3;
10-17 (b) Information concerning the most recent plan to improve the
10-18 achievement of the school’s pupils prepared by the department,
10-19 including, without limitation, an evaluation of:
10-20 (1) The appropriateness of the plan for the school; and
10-21 (2) Whether the school has achieved the goals and objectives set
10-22 forth in the plan;
10-23 (c) The written revisions to the plan to improve the achievement of the
10-24 school’s pupils adopted by the panel pursuant to paragraph (d) of
10-25 subsection 1;
10-26 (d) A summary of each program for remediation, if any, purchased
10-27 for the school with money that is available from the Federal
10-28 Government, this state and the school district in which the school is
10-29 located, including, without limitation:
10-30 (1) The name of the program;
10-31 (2) The date on which the program was purchased and the date on
10-32 which the program was carried out by the school;
10-33 (3) The percentage of personnel at the school who were trained
10-34 regarding the use of the program;
10-35 (4) The satisfaction of the personnel at the school with the
10-36 program; and
10-37 (5) An evaluation of whether the program has improved the
10-38 academic achievement of the pupils enrolled in the school who
10-39 participated in the program;
10-40 (e) An analysis of the problems and factors at the school which
10-41 contributed to the designation of the school as demonstrating need for
10-42 improvement, including, without limitation, issues relating to:
10-43 (1) The financial resources of the school;
10-44 (2) The administrative and educational personnel of the school;
10-45 (3) The curriculum of the school;
10-46 (4) The facilities available at the school, including the availability
10-47 and accessibility of educational technology; and
10-48 (5) Any other factors that the panel believes contributed to the
10-49 designation of the school as demonstrating need for improvement;
11-1 [(e) Submit] and
11-2 (f) Other information concerning the school, including, without
11-3 limitation:
11-4 (1) The results of the pupils who are enrolled in the school on the
11-5 examinations that are administered pursuant to NRS 389.015;
11-6 (2) Records of the attendance and truancy of pupils who are
11-7 enrolled in the school;
11-8 (3) The transiency rate of pupils who are enrolled in the school;
11-9 (4) A description of the number of years that each teacher has
11-10 provided instruction at the school and the rate of turnover of teachers
11-11 and other educational personnel employed at the school;
11-12 (5) A description of the participation of parents and legal guardians
11-13 in the educational process and other activities relating to the school;
11-14 (6) A description of each source of money for the remediation of
11-15 pupils who are enrolled in the school; and
11-16 (7) A description of the disciplinary problems of the pupils who are
11-17 enrolled in the school, including, without limitation, the information
11-18 contained in paragraphs (k) to (n), inclusive, of subsection 2 of NRS
11-19 385.347.
11-20 3. Before a written report prepared pursuant to subsection 2 is
11-21 finalized, the panel shall submit a copy of the report to the
11-22 superintendent of schools of the school district in which the school is
11-23 located and discuss the report with the superintendent. The
11-24 superintendent shall, in consultation with the members of the board of
11-25 trustees of the school district, prepare a written response to the report
11-26 that includes, without limitation:
11-27 (a) A statement of the explanation or rebuttal of the school district
11-28 concerning any findings contained in the report; and
11-29 (b) Specific plans of the school district to improve the designation of
11-30 the school and the resources that will be used to carry out those plans.
11-31 The written response of the school district must be included in the final
11-32 report of the panel prepared pursuant to subsection 2.
11-33 4. On or before December 1, the panel shall submit a copy of the
11-34 final written report to the:
11-35 [(1)] (a) Principal of the school;
11-36 [(2)] (b) Board of trustees of the school district in which the school is
11-37 located;
11-38 [(3)] (c) Superintendent of schools of the school district in which the
11-39 school is located;
11-40 [(4)] (d) Superintendent of public instruction;
11-41 [(5)] (e) Governor;
11-42 [(6)] (f) State board;
11-43 [(7)] (g) Department;
11-44 [(8)] (h) Committee; and
11-45 [(9) Bureau;
11-46 (f) Make]
11-47 (i) Bureau.
11-48 The panel shall make the written report available, upon request, to each
11-49 parent or legal guardian of a pupil who is enrolled in the school . [; and
12-1 (g) In accordance with its findings pursuant to this subsection, adopt
12-2 revisions to the most recent plan prepared by the department for the school
12-3 pursuant to NRS 385.373 or 385.375.]
12-4 5. Upon receipt of a final report submitted to the board of trustees of
12-5 a school district pursuant to paragraph (b) of subsection 4, the board of
12-6 trustees shall review the report at a public meeting of the board. Not later
12-7 than 60 days after receipt of a final report, the board of trustees of the
12-8 school district shall prepare a follow-up report that identifies the actions
12-9 taken by the board of trustees and the school district to carry out the
12-10 recommendations contained in the final report, including, without
12-11 limitation, the revisions to the plan to improve the achievement of the
12-12 school’s pupils adopted by the panel. The board of trustees shall submit a
12-13 copy of the follow-up report to the:
12-14 (1) Principal of the school;
12-15 (2) Superintendent of schools of the school district in which the
12-16 school is located;
12-17 (3) Superintendent of public instruction;
12-18 (4) Governor;
12-19 (5) State board;
12-20 (6) Department;
12-21 (7) Committee; and
12-22 (8) Bureau.
12-23 [2.] 6. The department shall, not more than 1 month after receiving the
12-24 final written report submitted by the panel:
12-25 (a) Amend the most recent plan prepared by the department for the
12-26 school . [pursuant to NRS 385.373 or 385.375.] In amending the plan, the
12-27 department shall incorporate the revisions adopted by the panel pursuant to
12-28 paragraph [(g)] (d) of subsection 1.
12-29 (b) Submit to the panel a copy of an amended plan for the school which
12-30 demonstrates to the satisfaction of the panel that the department
12-31 incorporated the revisions adopted by the panel pursuant to paragraph [(g)]
12-32 (d) of subsection 1.
12-33 [3.] 7. The department shall submit to the panel a copy of the
12-34 designation that it gives to the school pursuant to NRS 385.363 or NRS
12-35 385.368 for the school year immediately succeeding the establishment of
12-36 the panel. If the school does not earn a designation as demonstrating
12-37 exemplary achievement, high achievement or adequate achievement for the
12-38 school year immediately succeeding the establishment of the panel, the
12-39 panel shall take such action pursuant to subsection 1 and NRS 385.383 as it
12-40 deems necessary to ensure that the school takes action to improve its
12-41 designation.
12-42 Sec. 8. NRS 385.389 is hereby amended to read as follows:
12-43 385.389 1. The department shall adopt programs of remedial study
12-44 for each subject tested on the examinations administered pursuant to NRS
12-45 389.015. In adopting these programs of remedial study, the department
12-46 shall consider the recommendations submitted by the committee pursuant
12-47 to NRS 218.5354 and programs of remedial study that have proven to be
12-48 successful in improving the academic achievement of pupils.
13-1 2. A school that receives a designation as demonstrating need for
13-2 improvement pursuant to subsection 1 of NRS 385.367 shall adopt a
13-3 program of remedial study that has been adopted by the department
13-4 pursuant to subsection 1.
13-5 3. A school district that includes a school which receives a designation
13-6 of demonstrating need for improvement pursuant to subsection 1 of NRS
13-7 385.367 shall ensure that each of the pupils enrolled in the school who
13-8 failed to demonstrate at least adequate achievement on the examinations
13-9 administered pursuant to NRS 389.015 completes, in accordance with the
13-10 requirements set forth in subsection 5 of NRS 389.015, remedial study that
13-11 is determined to be appropriate for the pupil.
13-12 Sec. 9. NRS 385.448 is hereby amended to read as follows:
13-13 385.448 1. A person who:
13-14 (a) Is [16] 17 years of age or older;
13-15 (b) If he is at least [16] 17 years of age but less than 18 years of age,
13-16 submits to the state board written permission signed by his parent or legal
13-17 guardian;
13-18 (c) Has not graduated from a high school;
13-19 (d) Is not currently enrolled in a high school; and
13-20 (e) Satisfies any other requirements prescribed by the state board,
13-21 may take the tests of general educational development prescribed by the
13-22 state board.
13-23 2. The board of trustees of a school district may, upon request and
13-24 for good cause shown, grant permission to take the tests of general
13-25 educational development prescribed by the state board to a person who:
13-26 (a) Resides in the school district;
13-27 (b) Is at least 16 years of age but less than 17 years of age;
13-28 (c) Submits to the board of trustees written permission signed by his
13-29 parent or legal guardian;
13-30 (d) Has not graduated from a high school;
13-31 (e) Is not currently enrolled in a high school; and
13-32 (f) Satisfies any other requirements prescribed by the board of
13-33 trustees.
13-34 3. The state board may adopt regulations to carry out the provisions of
13-35 [this section.
13-36 3.] subsection 1.
13-37 4. As used in this section, “tests of general educational development”
13-38 means examinations which enable persons who have not graduated from
13-39 high school to demonstrate that they have achieved an educational level
13-40 which is an acceptable substitute for completing a high school education.
13-41 Sec. 10. NRS 386.605 is hereby amended to read as follows:
13-42 386.605 1. On or before April 15 of each year, the governing body of
13-43 each charter school shall submit the information concerning the charter
13-44 school that is contained in the report required pursuant to subsection 2 of
13-45 NRS 385.347 to the:
13-46 (a) Governor;
13-47 (b) State board;
13-48 (c) Department;
14-1 (d) Legislative committee on education created pursuant to NRS
14-2 218.5352; and
14-3 (e) Legislative bureau of educational accountability and program
14-4 evaluation created pursuant to NRS 218.5356.
14-5 2. On or before April 15 of each year, the governing body of each
14-6 charter school shall submit the information prepared by the governing body
14-7 that is contained in the report pursuant to paragraph (t) of subsection 2 of
14-8 NRS 385.347 to the commission on educational technology created
14-9 pursuant to NRS 388.790.
14-10 3. On or before June 15 of each year, the governing body of each
14-11 charter school shall [:
14-12 (a) Prepare:
14-13 (1) A separate] prepare a:
14-14 (a) Separate written report summarizing the effectiveness of the charter
14-15 school’s program of accountability. The report must include:
14-16 [(I)] (1) A review and analysis of the data upon which the report
14-17 required pursuant to subsection 2 of NRS 385.347 is based and a review
14-18 and analysis of any data that is more recent than the data upon which the
14-19 report is based; [and
14-20 (II)] (2) The identification of any problems or factors at the charter
14-21 school that are revealed by the review and analysis [.
14-22 (2) A written] ; and
14-23 (3) A summary of the efforts that the governing body has made or
14-24 intends to make to ensure that the teachers and other educational
14-25 personnel employed by the governing body receive training and other
14-26 professional development in:
14-27 (I) The standards of content and performance established by the
14-28 council to establish academic standards for public schools pursuant to
14-29 NRS 389.520;
14-30 (II) The assessment and measurement of pupil achievement and
14-31 the effective methods to analyze the test results and scores of pupils to
14-32 improve the achievement and proficiency of pupils; and
14-33 (III) Specific content areas to enable the teachers and other
14-34 educational personnel to provide a higher level of instruction in their
14-35 respective fields of teaching.
14-36 (b) Written procedure to improve the achievement of pupils who are
14-37 enrolled in the charter school, including, but not limited to, a description of
14-38 the efforts the governing body has made to correct any deficiencies
14-39 identified in the written report required pursuant to [subparagraph (1).]
14-40 paragraph (a). The written procedure must describe sources of data that
14-41 will be used by the governing body to evaluate the effectiveness of the
14-42 written procedure.
14-43 [(b) Submit]
14-44 4. On or before June 15 of each year, the governing body of each
14-45 charter school shall submit copies of the written report and written
14-46 procedure required pursuant to [paragraph (a)] subsection 3 to the:
14-47 [(1) Governor;
14-48 (2)] (a) Governor;
14-49 (b) State board;
15-1 [(3) Department;
15-2 (4)] (c) Department;
15-3 (d) Legislative committee on education created pursuant to NRS
15-4 218.5352; and
15-5 [(5)] (e) Legislative bureau of educational accountability and
15-6 program evaluation created pursuant to NRS 218.5356.
15-7 [4.] 5. The department shall maintain a record of the information that
15-8 it receives from each charter school pursuant to this section in such a
15-9 manner as will allow the department to create for each charter school a
15-10 yearly profile of information.
15-11 [5.] 6. The governing body of each charter school shall ensure that a
15-12 copy of the written report and written procedure required pursuant to
15-13 [paragraph (a) of] subsection 3 is included with the final budget of the
15-14 charter school adopted by the governing body of the charter school
15-15 pursuant to the regulations of the department.
15-16 [6.] 7. The legislative bureau of educational accountability and
15-17 program evaluation created pursuant to NRS 218.5356 may authorize a
15-18 person or entity with whom it contracts pursuant to NRS 385.359 to review
15-19 and analyze information submitted by charter schools pursuant to this
15-20 section, consult with the governing bodies of charter schools and submit
15-21 written reports concerning charter schools pursuant to NRS 385.359.
15-22 Sec. 11. NRS 387.123 is hereby amended to read as follows:
15-23 387.123 1. The count of pupils for apportionment purposes includes
15-24 all pupils who are enrolled in programs of instruction of the school district
15-25 or pupils who reside in the county in which the school district is located
15-26 and are enrolled in any charter school for:
15-27 (a) Pupils in the kindergarten department.
15-28 (b) Pupils in grades 1 to 12, inclusive.
15-29 (c) Pupils not included under paragraph (a) or (b) who are receiving
15-30 special education pursuant to the provisions of NRS 388.440 to 388.520,
15-31 inclusive.
15-32 (d) Children detained in detention homes, alternative programs and
15-33 juvenile forestry camps receiving instruction pursuant to the provisions of
15-34 NRS 388.550, 388.560 and 388.570.
15-35 (e) Pupils who are enrolled in classes pursuant to subsection 4 of NRS
15-36 386.560.
15-37 (f) Pupils who are enrolled in classes pursuant to subsection 3 of NRS
15-38 392.070.
15-39 (g) [Part-time pupils] Pupils who are enrolled in classes and taking
15-40 courses necessary to receive a high school diploma, excluding those pupils
15-41 who are included in paragraphs (e) and (f).
15-42 2. The state board shall establish uniform regulations for counting
15-43 enrollment and calculating the average daily attendance of pupils. In
15-44 establishing such regulations for the public schools, the state board:
15-45 (a) Shall divide the school year into 10 school months, each containing
15-46 20 or fewer school days.
15-47 (b) May divide the pupils in grades 1 to 12, inclusive, into categories
15-48 composed respectively of those enrolled in elementary schools and those
15-49 enrolled in secondary schools.
16-1 (c) Shall prohibit the counting of any pupil specified in subsection 1
16-2 more than once.
16-3 3. Except as otherwise provided in subsection 4 and NRS 388.700, the
16-4 state board shall establish by regulation the maximum pupil-teacher ratio in
16-5 each grade, and for each subject matter wherever different subjects are
16-6 taught in separate classes, for each school district of this state which is
16-7 consistent with:
16-8 (a) The maintenance of an acceptable standard of instruction;
16-9 (b) The conditions prevailing in the school district with respect to the
16-10 number and distribution of pupils in each grade; and
16-11 (c) Methods of instruction used, which may include educational
16-12 television, team teaching or new teaching systems or techniques.
16-13 If the superintendent of public instruction finds that any school district is
16-14 maintaining one or more classes whose pupil-teacher ratio exceeds the
16-15 applicable maximum, and unless he finds that the board of trustees of the
16-16 school district has made every reasonable effort in good faith to comply
16-17 with the applicable standard, he shall, with the approval of the state board,
16-18 reduce the count of pupils for apportionment purposes by the percentage
16-19 which the number of pupils attending those classes is of the total number of
16-20 pupils in the district, and the state board may direct him to withhold the
16-21 quarterly apportionment entirely.
16-22 4. A charter school is not required to comply with the pupil-teacher
16-23 ratio prescribed by the state board pursuant to subsection 3.
16-24 Sec. 12. NRS 387.1233 is hereby amended to read as follows:
16-25 387.1233 1. Except as otherwise provided in subsection 2, basic
16-26 support of each school district must be computed by:
16-27 (a) Multiplying the basic support guarantee per pupil established for that
16-28 school district for that school year by the sum of:
16-29 (1) Six-tenths the count of pupils enrolled in the kindergarten
16-30 department on the last day of the first school month of the school district
16-31 for the school year, including, without limitation, the count of pupils who
16-32 reside in the county and are enrolled in any charter school on the last day
16-33 of the first school month of the school district for the school year.
16-34 (2) The count of pupils enrolled in grades 1 to 12, inclusive, on the
16-35 last day of the first school month of the school district for the school year,
16-36 including, without limitation, the count of pupils who reside in the county
16-37 and are enrolled in any charter school on the last day of the first school
16-38 month of the school district for the school year.
16-39 (3) The count of pupils not included under subparagraph (1) or (2)
16-40 who are receiving special education pursuant to the provisions of NRS
16-41 388.440 to 388.520, inclusive, on the last day of the first school month of
16-42 the school district for the school year, excluding the count of pupils who
16-43 have not attained the age of 5 years and who are receiving special
16-44 education pursuant to subsection 1 of NRS 388.490 on that day.
16-45 (4) Six-tenths the count of pupils who have not attained the age of 5
16-46 years and who are receiving special education pursuant to subsection 1 of
16-47 NRS 388.490 on the last day of the first school month of the school district
16-48 for the school year.
17-1 (5) The count of children detained in detention homes, alternative
17-2 programs and juvenile forestry camps receiving instruction pursuant to the
17-3 provisions of NRS 388.550, 388.560 and 388.570 on the last day of the
17-4 first school month of the school district for the school year.
17-5 (6) The count of pupils who are enrolled in classes for at least one
17-6 semester pursuant to subsection 4 of NRS 386.560 or subsection 3 of NRS
17-7 392.070, expressed as a percentage of the total time services are provided
17-8 to those pupils per school day in proportion to the total time services are
17-9 provided during a school day to pupils who are counted pursuant to
17-10 subparagraph (2).
17-11 (b) Multiplying the number of special education program units
17-12 maintained and operated by the amount per program established for that
17-13 school year.
17-14 (c) Adding the amounts computed in paragraphs (a) and (b).
17-15 2. If the enrollment of pupils in a school district or a charter school
17-16 that is located within the school district on the last day of the first school
17-17 month of the school district for the school year is less than the enrollment
17-18 of pupils in the same school district or charter school on the last day of the
17-19 first school month of the school district for either or both of the
17-20 immediately preceding 2 school [year, the larger] years, the largest number
17-21 must be used from among the 3 years for purposes of apportioning money
17-22 from the state distributive school account to that school district or charter
17-23 school pursuant to NRS 387.124.
17-24 3. Pupils who are excused from attendance at examinations or have
17-25 completed their work in accordance with the rules of the board of trustees
17-26 must be credited with attendance during that period.
17-27 4. Pupils who are incarcerated in a facility or institution operated by
17-28 the department of prisons must not be counted for the purpose of
17-29 computing basic support pursuant to this section. The average daily
17-30 attendance for such pupils must be reported to the department of education.
17-31 5. [Part-time pupils] Pupils who are enrolled in courses which are
17-32 approved by the department as meeting the requirements for an adult to
17-33 earn a high school diploma must not be counted for the purpose of
17-34 computing basic support pursuant to this section. [The average daily
17-35 attendance for such pupils must be reported to the department.]
17-36 Sec. 13. NRS 387.303 is hereby amended to read as follows:
17-37 387.303 1. Not later than November 10 of each year, the board of
17-38 trustees of each school district shall submit to the superintendent of public
17-39 instruction and the department of taxation a report which includes the
17-40 following information:
17-41 (a) For each fund within the school district, including, without
17-42 limitation, the school district’s general fund and any special revenue fund
17-43 which receives state money, the total number and salaries of licensed and
17-44 nonlicensed persons whose salaries are paid from the fund and who are
17-45 employed by the school district in full-time positions or in part-time
17-46 positions added together to represent full-time positions. Information must
17-47 be provided for the current school year based upon the school district’s
17-48 final budget, including any amendments and augmentations thereto, and for
18-1 the preceding school year. An employee must be categorized as filling an
18-2 instructional, administrative, instructional support or other position.
18-3 (b) The count of pupils computed pursuant to paragraph (a) of
18-4 subsection 1 of NRS 387.1233.
18-5 (c) [The average daily attendance for the preceding school year and the
18-6 estimated average daily attendance for the current school year of part-time
18-7 pupils enrolled in courses which are approved by the department as
18-8 meeting the requirements for an adult to earn a high school diploma.
18-9 (d)] The school district’s actual expenditures in the fiscal year
18-10 immediately preceding the report.
18-11 [(e)] (d) The school district’s proposed expenditures for the current
18-12 fiscal year.
18-13 [(f)] (e) The schedule of salaries for licensed employees in the current
18-14 school year and a statement of whether the negotiations regarding salaries
18-15 for the current school year have been completed. If the negotiations have
18-16 not been completed at the time the schedule of salaries is submitted, the
18-17 board of trustees shall submit a supplemental report to the superintendent
18-18 of public instruction upon completion of negotiations or the determination
18-19 of an arbitrator concerning the negotiations that includes the schedule of
18-20 salaries agreed to or required by the arbitrator.
18-21 [(g)] (f) The number of teachers who received an increase in salary
18-22 pursuant to subsection 2 of NRS 391.160 for the current and preceding
18-23 fiscal years.
18-24 [(h)] (g) The number of employees eligible for health insurance within
18-25 the school district for the current and preceding fiscal years and the amount
18-26 paid for health insurance for each such employee during those years.
18-27 [(i)] (h) The rates for fringe benefits, excluding health insurance, paid
18-28 by the school district for its licensed employees in the preceding and
18-29 current fiscal years.
18-30 [(j)] (i) The amount paid for extra duties, supervision of extracurricular
18-31 activities and supplemental pay and the number of employees receiving
18-32 that pay in the preceding and current fiscal years.
18-33 2. On or before November 25 of each year, the superintendent of
18-34 public instruction shall submit to the department of administration and the
18-35 fiscal analysis division of the legislative counsel bureau, in a format
18-36 approved by the director of the department of administration, a compilation
18-37 of the reports made by each school district pursuant to subsection 1.
18-38 3. The superintendent of public instruction shall, in the compilation
18-39 required by subsection 2, reconcile the revenues and expenditures of the
18-40 school districts with the apportionment received by those districts from the
18-41 state distributive school account for the preceding year.
18-42 Sec. 14. NRS 389.015 is hereby amended to read as follows:
18-43 389.015 1. The board of trustees of each school district shall
18-44 administer examinations in all public schools of the school district. The
18-45 governing body of a charter school shall administer the same examinations
18-46 in the charter school. The examinations administered by the board of
18-47 trustees and governing body must determine the achievement and
18-48 proficiency of pupils in:
18-49 (a) Reading;
19-1 (b) Writing;
19-2 (c) Mathematics; and
19-3 (d) Science.
19-4 2. The examinations required by subsection 1 must be:
19-5 (a) Administered before the completion of grades 4, 8, 10 and 11.
19-6 (b) Administered in each school district and each charter school at the
19-7 same time. The time for the administration of the examinations must be
19-8 prescribed by the state board.
19-9 (c) Administered in each school in accordance with uniform procedures
19-10 adopted by the state board. The department shall monitor the compliance of
19-11 school districts and individual schools with the uniform procedures.
19-12 (d) Scored by the department or a single private entity that has
19-13 contracted with the state board to score the examinations. If a private entity
19-14 scores the examinations, it shall report the results of the examinations in
19-15 the form and by the date required by the department.
19-16 3. Not more than 14 working days after the results of the examinations
19-17 are reported to the department by a private entity that scored the
19-18 examinations or the department completes the scoring of the examinations,
19-19 the superintendent of public instruction shall certify that the results of the
19-20 examinations have been transmitted to each school district and each charter
19-21 school. Not more than 10 working days after a school district receives the
19-22 results of the examinations, the superintendent of schools of each school
19-23 district shall certify that the results of the examinations have been
19-24 transmitted to each school within the school district. Except as otherwise
19-25 provided in this subsection, not more than 15 working days after each
19-26 school receives the results of the examinations, the principal of each school
19-27 and the governing body of each charter school shall certify that the results
19-28 for each pupil have been provided to the parent or legal guardian of the
19-29 pupil:
19-30 (a) During a conference between the teacher of the pupil or
19-31 administrator of the school and the parent or legal guardian of the pupil; or
19-32 (b) By mailing the results of the examinations to the last known address
19-33 of the parent or legal guardian of the pupil.
19-34 If a pupil fails the high school proficiency examination, the school shall
19-35 notify the pupil and the parents or legal guardian of the pupil as soon as
19-36 practicable but not later than 15 working days after the school receives the
19-37 results of the examination.
19-38 4. Different standards of proficiency may be adopted for pupils with
19-39 diagnosed learning disabilities. If a pupil with a disability is unable to take
19-40 an examination created by a private entity under regular testing conditions
19-41 or with modifications and accommodations that are approved by the private
19-42 entity, the pupil may take the examination with modifications and
19-43 accommodations that are approved by the state board pursuant to
19-44 subsection 8. If a pupil with a disability is unable to take an examination
19-45 created by the department under regular testing conditions or with
19-46 modifications and accommodations that are approved by the department,
19-47 the pupil may take the examination with modifications and
19-48 accommodations that are approved by the state board pursuant to
19-49 subsection 8. The results of an examination that is taken under conditions
20-1 that are not approved by a private entity or the department, as applicable,
20-2 must not be reported pursuant to subsection 2 of NRS 389.017. If different
20-3 standards of proficiency are adopted or other modifications or
20-4 accommodations are made in the administration of the examinations for a
20-5 pupil who is enrolled in a program of special education pursuant to NRS
20-6 388.440 to 388.520, inclusive, other than a gifted and talented pupil, the
20-7 different standards adopted or other modifications or accommodations
20-8 must be set forth in the pupil’s program of special education developed in
20-9 accordance with the Individuals with Disabilities Education Act, 20 U.S.C.
20-10 §§ 1400 et seq., and the standards prescribed by the state board. During the
20-11 administration of the high school proficiency examination, a pupil with a
20-12 disability may be given additional time to complete the examination if the
20-13 additional time is a modification or accommodation that is approved in the
20-14 pupil’s program of special education developed in accordance with the
20-15 Individuals with Disabilities Education Act, 20 U.S.C. §§ 1400 et seq.
20-16 5. If a pupil fails to demonstrate at least adequate achievement on the
20-17 examination administered before the completion of grade 4, 8 or 10, he
20-18 may be promoted to the next higher grade, but the results of his
20-19 examination must be evaluated to determine what remedial study is
20-20 appropriate. If such a pupil is enrolled at a school that has been designated
20-21 as demonstrating need for improvement pursuant to subsection 1 of NRS
20-22 385.367 , the pupil must, in accordance with the requirements set forth in
20-23 this subsection, complete remedial study that is determined to be
20-24 appropriate for the pupil.
20-25 6. If a pupil fails to pass the proficiency examination administered
20-26 before the completion of grade 11, he must not be graduated until he is
20-27 able, through remedial study, to pass the proficiency examination, but he
20-28 may be given a certificate of attendance, in place of a diploma, if he has
20-29 reached the age of 17 years.
20-30 7. The state board shall prescribe standard examinations of
20-31 achievement and proficiency to be administered pursuant to subsection 1.
20-32 The examinations on reading, mathematics and science prescribed for
20-33 grades 4, 8 and 10 must be selected from examinations created by private
20-34 entities and administered to a national reference group, and must allow for
20-35 a comparison of the achievement and proficiency of pupils in grades 4, 8
20-36 and 10 in this state to that of a national reference group of pupils in grades
20-37 4, 8 and 10. The questions contained in the examinations and the approved
20-38 answers used for grading them are confidential, and disclosure is unlawful
20-39 except:
20-40 (a) To the extent necessary for administering and evaluating the
20-41 examinations.
20-42 (b) That a disclosure may be made to a:
20-43 (1) State officer who is a member of the executive or legislative
20-44 branch to the extent that it is necessary for the performance of his duties;
20-45 (2) Superintendent of schools of a school district to the extent that it
20-46 is necessary for the performance of his duties;
20-47 (3) Director of curriculum of a school district to the extent that it is
20-48 necessary for the performance of his duties; and
21-1 (4) Director of testing of a school district to the extent that it is
21-2 necessary for the performance of his duties.
21-3 (c) That specific questions and answers may be disclosed if the
21-4 superintendent of public instruction determines that the content of the
21-5 questions and answers is not being used in a current examination and
21-6 making the content available to the public poses no threat to the security of
21-7 the current examination process.
21-8 8. The state board shall prescribe, in accordance with the Individuals
21-9 with Disabilities Education Act, 20 U.S.C. §§ 1400 et seq., the
21-10 modifications and accommodations that may be used in the administration
21-11 of an examination to a pupil with a disability who is unable to take the
21-12 examination under regular testing conditions or with modifications and
21-13 accommodations that are approved by the private entity that created the
21-14 examination or, if the department created the examination, by the
21-15 department. These regulations may include, without limitation, authorizing
21-16 a pupil to complete an examination with additional time.
21-17 Sec. 15. NRS 389.017 is hereby amended to read as follows:
21-18 389.017 1. The state board shall prescribe regulations requiring that
21-19 each board of trustees of a school district and each governing body of a
21-20 charter school submit to the superintendent of public instruction and the
21-21 department, in the form and manner prescribed by the superintendent, the
21-22 results of achievement and proficiency examinations given in the 4th, 8th,
21-23 10th and 11th grades to public school pupils of the district and charter
21-24 schools. The state board shall not include in the regulations any provision
21-25 which would violate the confidentiality of the test scores of any individual
21-26 pupil.
21-27 2. The results of examinations must be reported for each school,
21-28 including, without limitation, each charter school, school district and this
21-29 state as follows:
21-30 (a) The average score, as defined by the department, of pupils who took
21-31 the examinations under regular testing conditions; and
21-32 (b) The average score, as defined by the department, of pupils who took
21-33 the examinations with modifications or accommodations approved by the
21-34 private entity that created the examination or, if the department created the
21-35 examination, the department, if such reporting does not violate the
21-36 confidentiality of the test scores of any individual pupil.
21-37 3. The department shall adopt regulations prescribing the requirements
21-38 for reporting the scores of pupils who:
21-39 (a) Took the examinations under conditions that were not approved by
21-40 the private entity that created the examination or, if the department created
21-41 the examination, by the department;
21-42 (b) Are enrolled in special schools for children with disabilities;
21-43 (c) Are enrolled in an alternative program for the education of pupils at
21-44 risk of dropping out of high school; or
21-45 (d) Are detained in a:
21-46 (1) Youth training center;
21-47 (2) Youth center;
21-48 (3) Juvenile forestry camp;
21-49 (4) Detention home;
22-1 (5) Youth camp;
22-2 (6) Juvenile correctional institution; or
22-3 (7) Correctional institution.
22-4 The scores reported pursuant to this subsection must not be included in the
22-5 average scores reported pursuant to subsection 2.
22-6 4. Not later than 10 days after the department receives the results of
22-7 the achievement and proficiency examinations, the department shall
22-8 transmit a copy of the results of the examinations administered pursuant to
22-9 NRS 389.015 to the legislative bureau of educational accountability and
22-10 program evaluation in a manner that does not violate the confidentiality of
22-11 the test scores of any individual pupil.
22-12 5. On or before November [1] 15 of each year, each school district and
22-13 each charter school shall report to the department the following
22-14 information for each examination administered in the public schools in the
22-15 school district or charter school:
22-16 (a) The examination administered;
22-17 (b) The grade level or levels of pupils to whom the examination was
22-18 administered;
22-19 (c) The costs incurred by the school district or charter school in
22-20 administering each examination; and
22-21 (d) The purpose, if any, for which the results of the examination are
22-22 used by the school district or charter school.
22-23 On or before December [1] 15 of each year, the department shall transmit
22-24 to the budget division of the department of administration and the fiscal
22-25 analysis division of the legislative counsel bureau the information
22-26 submitted to the department pursuant to this subsection.
22-27 6. The superintendent of schools of each school district and the
22-28 governing body of each charter school shall certify that the number of
22-29 pupils who took the examinations required pursuant to NRS 389.015 is
22-30 equal to the number of pupils who are enrolled in each school in the school
22-31 district or in the charter school who are required to take the examinations
22-32 except for those pupils who are exempt from taking the examinations. A
22-33 pupil may be exempt from taking the examinations if:
22-34 (a) His primary language is not English and his proficiency in the
22-35 English language is below the level that the state board determines is
22-36 proficient, as measured by an assessment of proficiency in the English
22-37 language prescribed by the state board pursuant to subsection 8; or
22-38 (b) He is enrolled in a program of special education pursuant to NRS
22-39 388.440 to 388.520, inclusive, and his program of special education
22-40 specifies that he is exempt from taking the examinations.
22-41 7. In addition to the information required by subsection 5, the
22-42 superintendent of public instruction shall:
22-43 (a) Report the number of pupils who were not exempt from taking the
22-44 examinations but were absent from school on the day that the examinations
22-45 were administered; and
22-46 (b) Reconcile the number of pupils who were required to take the
22-47 examinations with the number of pupils who were exempt from taking the
22-48 examinations or absent from school on the day that the examinations were
22-49 administered.
23-1 8. The state board shall prescribe an assessment of proficiency in the
23-2 English language for pupils whose primary language is not English to
23-3 determine which pupils are exempt from the examinations pursuant to
23-4 paragraph (a) of subsection 6.
23-5 Sec. 16. NRS 389.020 is hereby amended to read as follows:
23-6 389.020 1. In all public schools, the Caliente youth center and the
23-7 Nevada youth training center, instruction must be given in American
23-8 government, including [but not limited to the essentials] , without
23-9 limitation, the:
23-10 (a) Essentials of the :
23-11 (1) Constitution of the United States, [the constitution] including,
23-12 without limitation, the Bill of Rights;
23-13 (2) Constitution of the State of Nevada [, the origin] ; and
23-14 (3) Declaration of Independence;
23-15 (b) Origin and history of the constitutions ; and [the study]
23-16 (c) Study of and devotion to American institutions and ideals.
23-17 2. The instruction required in subsection 1 must be given during at
23-18 least 1 year of the elementary school grades and for a period of at least 1
23-19 year in all high schools.
23-20 Sec. 17. NRS 389.030 is hereby amended to read as follows:
23-21 389.030 American history, including , without limitation, the history
23-22 of the :
23-23 1. Constitution of the United States, including, without limitation,
23-24 the Bill of Rights;
23-25 2. State of Nevada , including, without limitation, the Constitution of
23-26 the State of Nevada; and
23-27 3. Declaration of Independence,
23-28 must be taught in all of the public schools in the State of Nevada for a
23-29 period of at least 1 year.
23-30 Sec. 18. NRS 389.560 is hereby amended to read as follows:
23-31 389.560 1. The state board shall adopt regulations that require the
23-32 board of trustees of each school district and the governing body of each
23-33 charter school to submit to the superintendent of public instruction, the
23-34 department and the council, in the form and manner prescribed by the
23-35 superintendent, the results of the examinations administered pursuant to
23-36 NRS 389.550. The state board shall not include in the regulations any
23-37 provision that would violate the confidentiality of the test scores of an
23-38 individual pupil.
23-39 2. The results of the examinations must be reported for each school,
23-40 including, without limitation, each charter school, school district and this
23-41 state, as follows:
23-42 (a) The percentage of pupils who have demonstrated proficiency, as
23-43 defined by the department, and took the examinations under regular testing
23-44 conditions; and
23-45 (b) The percentage of pupils who have demonstrated proficiency, as
23-46 defined by the department, and took the examinations with modifications
23-47 or accommodations approved by the private entity that created the
23-48 examination or, if the department created the examination, the department,
24-1 if such reporting does not violate the confidentiality of the test scores of
24-2 any individual pupil.
24-3 3. The department shall adopt regulations prescribing the requirements
24-4 for reporting the results of pupils who:
24-5 (a) Took the examinations under conditions that were not approved by
24-6 the private entity that created the examination or, if the department created
24-7 the examination, by the department;
24-8 (b) Are enrolled in special schools for children with disabilities;
24-9 (c) Are enrolled in an alternative program for the education of pupils at
24-10 risk of dropping out of high school; or
24-11 (d) Are detained in a:
24-12 (1) Youth training center;
24-13 (2) Youth center;
24-14 (3) Juvenile forestry camp;
24-15 (4) Detention home;
24-16 (5) Youth camp;
24-17 (6) Juvenile correctional institution; or
24-18 (7) Correctional institution.
24-19 The results reported pursuant to this subsection must not be included in the
24-20 percentage of pupils reported pursuant to subsection 2.
24-21 4. Not later than 10 days after the department receives the results of
24-22 the examinations, the department shall transmit a copy of the results to the
24-23 legislative bureau of educational accountability and program evaluation in
24-24 a manner that does not violate the confidentiality of the test scores of any
24-25 individual pupil.
24-26 5. On or before November [1] 15 of each year, each school district and
24-27 each charter school shall report to the department the following
24-28 information for each examination administered in the public schools in the
24-29 school district or charter school:
24-30 (a) The examination administered;
24-31 (b) The grade level or levels of pupils to whom the examination was
24-32 administered;
24-33 (c) The costs incurred by the school district or charter school in
24-34 administering each examination; and
24-35 (d) The purpose, if any, for which the results of the examination are
24-36 used by the school district or charter school.
24-37 On or before December [1] 15 of each year, the department shall transmit
24-38 to the budget division of the department of administration and the fiscal
24-39 analysis division of the legislative counsel bureau the information
24-40 submitted to the department pursuant to this subsection.
24-41 6. The superintendent of schools of each school district and the
24-42 governing body of each charter school shall certify that the number of
24-43 pupils who took the examinations is equal to the number of pupils who are
24-44 enrolled in each school in the school district or in the charter school who
24-45 are required to take the examinations, except for those pupils who are
24-46 exempt from taking the examinations. A pupil may be exempt from taking
24-47 the examinations if:
24-48 (a) His primary language is not English and his proficiency in the
24-49 English language is below the level that the state board determines is
25-1 proficient, as measured by an assessment of proficiency in the English
25-2 language prescribed by the state board pursuant to subsection 8; or
25-3 (b) He is enrolled in a program of special education pursuant to NRS
25-4 388.440 to 388.520, inclusive, and his program of special education
25-5 specifies that he is exempt from taking the examinations.
25-6 7. In addition to the information required by subsection 5, the
25-7 superintendent of public instruction shall:
25-8 (a) Report the number of pupils who were not exempt from taking the
25-9 examinations but were absent from school on the day that the examinations
25-10 were administered; and
25-11 (b) Reconcile the number of pupils who were required to take the
25-12 examinations with the number of pupils who were exempt from taking the
25-13 examinations or absent from school on the day that the examinations were
25-14 administered.
25-15 8. The state board shall prescribe an assessment of proficiency in the
25-16 English language for pupils whose primary language is not English to
25-17 determine which pupils are exempt from the examinations pursuant to
25-18 paragraph (a) of subsection 6.
25-19 Sec. 19. Chapter 392 of NRS is hereby amended by adding thereto a
25-20 new section to read as follows:
25-21 Attendance required by the provisions of NRS 392.040 must be
25-22 excused if a child has obtained permission to take the tests of general
25-23 educational development pursuant to NRS 385.448.
25-24 Sec. 20. This act becomes effective on July 1, 2001.
25-25 H