(REPRINTED WITH ADOPTED AMENDMENTS)

 

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

 

(On Behalf of Legislative Committee on Education)

 

February 15, 2001

____________

 

Referred to Committee on Human Resources and Facilities

 

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

 

FISCAL NOTE:            Effect on Local Government: No.

                                    Effect on the State: No.

 

~

 

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

 

AN ACT relating to education; revising provisions governing the accountability of public schools; revising provisions governing the requirements for a person to take the tests of general educational development; revising provisions governing the count of pupils and the calculation of basic support under certain circumstances; revising provisions governing the reporting of results of certain achievement and proficiency examinations; revising the requirements for a course in American government and a course in American history; and providing other matters properly relating thereto.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

1-1    Section 1.  NRS 385.347 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

7-7  NRS 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

11-19  NRS 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] January 1 of each year, the

13-43  governing body of each charter school shall submit the information

13-44  concerning the charter school that is [contained in the report] required

13-45  pursuant to subsection 2 of 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.] board of trustees of the

14-5  school district in which the charter school is located, for inclusion in the

14-6  report of the school district pursuant to that section. The information

14-7  must be submitted by the charter school in a format prescribed by the

14-8  board of trustees.

14-9    2.  On or before April 15 of each year, the governing body of each

14-10  charter school shall submit the information [prepared by the governing

14-11  body] applicable to the charter school that is contained in the report

14-12  pursuant to paragraph (t) of subsection 2 of NRS 385.347 to the

14-13  commission on educational technology created pursuant to NRS 388.790.

14-14  3.  On or before June 15 of each year, the governing body of each

14-15  charter school shall [:

14-16  (a) Prepare:

14-17     (1) A separate] prepare a:

14-18  (a) Separate written report summarizing the effectiveness of the charter

14-19  school’s program of accountability. The report must include:

14-20       [(I)] (1) A review and analysis of the data upon which the report

14-21  required pursuant to subsection 2 of NRS 385.347 is based and a review

14-22  and analysis of any data that is more recent than the data upon which the

14-23  report is based; [and

14-24       (II)] (2) The identification of any problems or factors at the charter

14-25  school that are revealed by the review and analysis [.

14-26     (2) A written] ; and

14-27     (3) A summary of the efforts that the governing body has made or

14-28  intends to make to ensure that the teachers and other educational

14-29  personnel employed by the governing body receive training and other

14-30  professional development in:

14-31       (I) The standards of content and performance established by the

14-32  council to establish academic standards for public schools pursuant to

14-33  NRS 389.520;

14-34       (II) The assessment and measurement of pupil achievement and

14-35  the effective methods to analyze the test results and scores of pupils to

14-36  improve the achievement and proficiency of pupils; and

14-37       (III) Specific content areas to enable the teachers and other

14-38  educational personnel to provide a higher level of instruction in their

14-39  respective fields of teaching.

14-40  (b) Written procedure to improve the achievement of pupils who are

14-41  enrolled in the charter school, including, but not limited to, a description of

14-42  the efforts the governing body has made to correct any deficiencies

14-43  identified in the written report required pursuant to [subparagraph (1).]

14-44  paragraph (a). The written procedure must describe sources of data that

14-45  will be used by the governing body to evaluate the effectiveness of the

14-46  written procedure.

14-47  [(b) Submit]

15-1    4.  On or before June 15 of each year, the governing body of each

15-2  charter school shall submit copies of the written report and written

15-3  procedure required pursuant to [paragraph (a)] subsection 3 to the:

15-4      [(1) Governor;

15-5      (2)] (a) Governor;

15-6    (b) State board;

15-7      [(3) Department;

15-8      (4)] (c) Department;

15-9    (d) Legislative committee on education created pursuant to NRS

15-10  218.5352; [and]

15-11     [(5)] (e) Legislative bureau of educational accountability and

15-12  program evaluation created pursuant to NRS 218.5356 [.] ; and

15-13  (f) Board of trustees of the school district in which the charter school

15-14  is located.

15-15  [4.] 5. The department shall maintain a record of the information that

15-16  it receives from each charter school pursuant to this section in such a

15-17  manner as will allow the department to create for each charter school a

15-18  yearly profile of information.

15-19  [5.] 6. The governing body of each charter school shall ensure that a

15-20  copy of the written report and written procedure required pursuant to

15-21  [paragraph (a) of] subsection 3 is included with the final budget of the

15-22  charter school adopted by the governing body of the charter school

15-23  pursuant to the regulations of the department.

15-24  [6.] 7. The legislative bureau of educational accountability and

15-25  program evaluation created pursuant to NRS 218.5356 may authorize a

15-26  person or entity with whom it contracts pursuant to NRS 385.359 to review

15-27  and analyze information submitted by charter schools pursuant to this

15-28  section, consult with the governing bodies of charter schools and submit

15-29  written reports concerning charter schools pursuant to NRS 385.359.

15-30  Sec. 11.  NRS 387.123 is hereby amended to read as follows:

15-31  387.123  1.  The count of pupils for apportionment purposes includes

15-32  all pupils who are enrolled in programs of instruction of the school district

15-33  or pupils who reside in the county in which the school district is located

15-34  and are enrolled in any charter school for:

15-35  (a) Pupils in the kindergarten department.

15-36  (b) Pupils in grades 1 to 12, inclusive.

15-37  (c) Pupils not included under paragraph (a) or (b) who are receiving

15-38  special education pursuant to the provisions of NRS 388.440 to 388.520,

15-39  inclusive.

15-40  (d) Children detained in detention homes, alternative programs and

15-41  juvenile forestry camps receiving instruction pursuant to the provisions of

15-42  NRS 388.550, 388.560 and 388.570.

15-43  (e) Pupils who are enrolled in classes pursuant to subsection 4 of

15-44  NRS 386.560.

15-45  (f) Pupils who are enrolled in classes pursuant to subsection 3 of

15-46  NRS 392.070.

15-47  (g) [Part-time pupils] Pupils who are enrolled in classes and taking

15-48  courses necessary to receive a high school diploma, excluding those pupils

15-49  who are included in paragraphs (e) and (f).

16-1    2.  The state board shall establish uniform regulations for counting

16-2  enrollment and calculating the average daily attendance of pupils. In

16-3  establishing such regulations for the public schools, the state board:

16-4    (a) Shall divide the school year into 10 school months, each containing

16-5  20 or fewer school days.

16-6    (b) May divide the pupils in grades 1 to 12, inclusive, into categories

16-7  composed respectively of those enrolled in elementary schools and those

16-8  enrolled in secondary schools.

16-9    (c) Shall prohibit the counting of any pupil specified in subsection 1

16-10  more than once.

16-11  3.  Except as otherwise provided in subsection 4 and NRS 388.700, the

16-12  state board shall establish by regulation the maximum pupil-teacher ratio in

16-13  each grade, and for each subject matter wherever different subjects are

16-14  taught in separate classes, for each school district of this state which is

16-15  consistent with:

16-16  (a) The maintenance of an acceptable standard of instruction;

16-17  (b) The conditions prevailing in the school district with respect to the

16-18  number and distribution of pupils in each grade; and

16-19  (c) Methods of instruction used, which may include educational

16-20  television, team teaching or new teaching systems or techniques.

16-21  If the superintendent of public instruction finds that any school district is

16-22  maintaining one or more classes whose pupil-teacher ratio exceeds the

16-23  applicable maximum, and unless he finds that the board of trustees of the

16-24  school district has made every reasonable effort in good faith to comply

16-25  with the applicable standard, he shall, with the approval of the state board,

16-26  reduce the count of pupils for apportionment purposes by the percentage

16-27  which the number of pupils attending those classes is of the total number of

16-28  pupils in the district, and the state board may direct him to withhold the

16-29  quarterly apportionment entirely.

16-30  4.  A charter school is not required to comply with the pupil-teacher

16-31  ratio prescribed by the state board pursuant to subsection 3.

16-32  Sec. 12.  NRS 387.1233 is hereby amended to read as follows:

16-33  387.1233  1.  Except as otherwise provided in subsection 2, basic

16-34  support of each school district must be computed by:

16-35  (a) Multiplying the basic support guarantee per pupil established for that

16-36  school district for that school year by the sum of:

16-37     (1) Six-tenths the count of pupils enrolled in the kindergarten

16-38  department on the last day of the first school month of the school district

16-39  for the school year, including, without limitation, the count of pupils who

16-40  reside in the county and are enrolled in any charter school on the last day

16-41  of the first school month of the school district for the school year.

16-42     (2) The count of pupils enrolled in grades 1 to 12, inclusive, on the

16-43  last day of the first school month of the school district for the school year,

16-44  including, without limitation, the count of pupils who reside in the county

16-45  and are enrolled in any charter school on the last day of the first school

16-46  month of the school district for the school year.

16-47     (3) The count of pupils not included under subparagraph (1) or (2)

16-48  who are receiving special education pursuant to the provisions of NRS

16-49  388.440 to 388.520, inclusive, on the last day of the first school month of

17-1  the school district for the school year, excluding the count of pupils who

17-2  have not attained the age of 5 years and who are receiving special

17-3  education pursuant to subsection 1 of NRS 388.490 on that day.

17-4      (4) Six-tenths the count of pupils who have not attained the age of 5

17-5  years and who are receiving special education pursuant to subsection 1 of

17-6  NRS 388.490 on the last day of the first school month of the school district

17-7  for the school year.

17-8      (5) The count of children detained in detention homes, alternative

17-9  programs and juvenile forestry camps receiving instruction pursuant to the

17-10  provisions of NRS 388.550, 388.560 and 388.570 on the last day of the

17-11  first school month of the school district for the school year.

17-12     (6) The count of pupils who are enrolled in classes for at least one

17-13  semester pursuant to subsection 4 of NRS 386.560 or subsection 3 of NRS

17-14  392.070, expressed as a percentage of the total time services are provided

17-15  to those pupils per school day in proportion to the total time services are

17-16  provided during a school day to pupils who are counted pursuant to

17-17  subparagraph (2).

17-18  (b) Multiplying the number of special education program units

17-19  maintained and operated by the amount per program established for that

17-20  school year.

17-21  (c) Adding the amounts computed in paragraphs (a) and (b).

17-22  2.  If the enrollment of pupils in a school district or a charter school

17-23  that is located within the school district on the last day of the first school

17-24  month of the school district for the school year is less than the enrollment

17-25  of pupils in the same school district or charter school on the last day of the

17-26  first school month of the school district for either or both of the

17-27  immediately preceding 2 school [year, the larger] years, the largest number

17-28  must be used from among the 3 years for purposes of apportioning money

17-29  from the state distributive school account to that school district or charter

17-30  school pursuant to NRS 387.124.

17-31  3.  Pupils who are excused from attendance at examinations or have

17-32  completed their work in accordance with the rules of the board of trustees

17-33  must be credited with attendance during that period.

17-34  4.  Pupils who are incarcerated in a facility or institution operated by

17-35  the department of prisons must not be counted for the purpose of

17-36  computing basic support pursuant to this section. The average daily

17-37  attendance for such pupils must be reported to the department of education.

17-38  5.  [Part-time pupils] Pupils who are enrolled in courses which are

17-39  approved by the department as meeting the requirements for an adult to

17-40  earn a high school diploma must not be counted for the purpose of

17-41  computing basic support pursuant to this section. [The average daily

17-42  attendance for such pupils must be reported to the department.]

17-43  Sec. 13.  NRS 387.303 is hereby amended to read as follows:

17-44  387.303  1.  Not later than November 10 of each year, the board of

17-45  trustees of each school district shall submit to the superintendent of public

17-46  instruction and the department of taxation a report which includes the

17-47  following information:

17-48  (a) For each fund within the school district, including, without

17-49  limitation, the school district’s general fund and any special revenue fund

18-1  which receives state money, the total number and salaries of licensed and

18-2  nonlicensed persons whose salaries are paid from the fund and who are

18-3  employed by the school district in full-time positions or in part-time

18-4  positions added together to represent full-time positions. Information must

18-5  be provided for the current school year based upon the school district’s

18-6  final budget, including any amendments and augmentations thereto, and for

18-7  the preceding school year. An employee must be categorized as filling an

18-8  instructional, administrative, instructional support or other position.

18-9    (b) The count of pupils computed pursuant to paragraph (a) of

18-10  subsection 1 of NRS 387.1233.

18-11  (c) [The average daily attendance for the preceding school year and the

18-12  estimated average daily attendance for the current school year of part-time

18-13  pupils enrolled in courses which are approved by the department as

18-14  meeting the requirements for an adult to earn a high school diploma.

18-15  (d)] The school district’s actual expenditures in the fiscal year

18-16  immediately preceding the report.

18-17  [(e)] (d) The school district’s proposed expenditures for the current

18-18  fiscal year.

18-19  [(f)] (e) The schedule of salaries for licensed employees in the current

18-20  school year and a statement of whether the negotiations regarding salaries

18-21  for the current school year have been completed. If the negotiations have

18-22  not been completed at the time the schedule of salaries is submitted, the

18-23  board of trustees shall submit a supplemental report to the superintendent

18-24  of public instruction upon completion of negotiations or the determination

18-25  of an arbitrator concerning the negotiations that includes the schedule of

18-26  salaries agreed to or required by the arbitrator.

18-27  [(g)] (f) The number of teachers who received an increase in salary

18-28  pursuant to subsection 2 of NRS 391.160 for the current and preceding

18-29  fiscal years.

18-30  [(h)] (g) The number of employees eligible for health insurance within

18-31  the school district for the current and preceding fiscal years and the amount

18-32  paid for health insurance for each such employee during those years.

18-33  [(i)] (h) The rates for fringe benefits, excluding health insurance, paid

18-34  by the school district for its licensed employees in the preceding and

18-35  current fiscal years.

18-36  [(j)] (i) The amount paid for extra duties, supervision of extracurricular

18-37  activities and supplemental pay and the number of employees receiving

18-38  that pay in the preceding and current fiscal years.

18-39  2.  On or before November 25 of each year, the superintendent of

18-40  public instruction shall submit to the department of administration and the

18-41  fiscal analysis division of the legislative counsel bureau, in a format

18-42  approved by the director of the department of administration, a compilation

18-43  of the reports made by each school district pursuant to subsection 1.

18-44  3.  The superintendent of public instruction shall, in the compilation

18-45  required by subsection 2, reconcile the revenues and expenditures of the

18-46  school districts with the apportionment received by those districts from the

18-47  state distributive school account for the preceding year.

 

 

19-1    Sec. 14.  NRS 389.015 is hereby amended to read as follows:

19-2    389.015  1.  The board of trustees of each school district shall

19-3  administer examinations in all public schools of the school district. The

19-4  governing body of a charter school shall administer the same examinations

19-5  in the charter school. The examinations administered by the board of

19-6  trustees and governing body must determine the achievement and

19-7  proficiency of pupils in:

19-8    (a) Reading;

19-9    (b) Writing;

19-10  (c) Mathematics; and

19-11  (d) Administered in each school in accordance with the plan adopted

19-12  pursuant to section 2 of Assembly Bill No. 214 of this [act] session by the

19-13  department and with the plan adopted pursuant to section 4 of Assembly

19-14  Bill No. 214 of this [act] session by the board of trustees of the school

19-15  district in which the examinations are administered. The department shall

19-16  monitor the compliance of school districts and individual schools with:

19-17     (1) The plan adopted by the department; and

19-18     (2) The plan adopted by the board of trustees of the applicable school

19-19  district, to the extent that the plan adopted by the board of trustees of the

19-20  school district is consistent with the plan adopted by the department.

19-21  (e)  Science.

19-22  2.  The examinations required by subsection 1 must be:

19-23  (a) Administered before the completion of grades 4, 8, 10 and 11.

19-24  (b) Administered in each school district and each charter school at the

19-25  same time. The time for the administration of the examinations must be

19-26  prescribed by the state board.

19-27  (c) Administered in each school in accordance with uniform procedures

19-28  adopted by the state board. The department shall monitor the compliance of

19-29  school districts and individual schools with the uniform procedures.

19-30  (d) Scored by the department or a single private entity that has

19-31  contracted with the state board to score the examinations. If a private entity

19-32  scores the examinations, it shall report the results of the examinations in

19-33  the form and by the date required by the department.

19-34  3.  Not more than 14 working days after the results of the examinations

19-35  are reported to the department by a private entity that scored the

19-36  examinations or the department completes the scoring of the examinations,

19-37  the superintendent of public instruction shall certify that the results of the

19-38  examinations have been transmitted to each school district and each charter

19-39  school. Not more than 10 working days after a school district receives the

19-40  results of the examinations, the superintendent of schools of each school

19-41  district shall certify that the results of the examinations have been

19-42  transmitted to each school within the school district. Except as otherwise

19-43  provided in this subsection, not more than 15 working days after each

19-44  school receives the results of the examinations, the principal of each school

19-45  and the governing body of each charter school shall certify that the results

19-46  for each pupil have been provided to the parent or legal guardian of the

19-47  pupil:

19-48  (a) During a conference between the teacher of the pupil or

19-49  administrator of the school and the parent or legal guardian of the pupil; or

20-1    (b) By mailing the results of the examinations to the last known address

20-2  of the parent or legal guardian of the pupil.

20-3  If a pupil fails the high school proficiency examination, the school shall

20-4  notify the pupil and the parents or legal guardian of the pupil as soon as

20-5  practicable but not later than 15 working days after the school receives the

20-6  results of the examination.

20-7    4.  Different standards of proficiency may be adopted for pupils with

20-8  diagnosed learning disabilities. If a pupil with a disability is unable to take

20-9  an examination created by a private entity under regular testing conditions

20-10  or with modifications and accommodations that are approved by the private

20-11  entity, the pupil may take the examination with modifications and

20-12  accommodations that are approved by the state board pursuant to

20-13  subsection 8. If a pupil with a disability is unable to take an examination

20-14  created by the department under regular testing conditions or with

20-15  modifications and accommodations that are approved by the department,

20-16  the pupil may take the examination with modifications and

20-17  accommodations that are approved by the state board pursuant to

20-18  subsection 8. The results of an examination that is taken under conditions

20-19  that are not approved by a private entity or the department, as applicable,

20-20  must not be reported pursuant to subsection 2 of NRS 389.017. If different

20-21  standards of proficiency are adopted or other modifications or

20-22  accommodations are made in the administration of the examinations for a

20-23  pupil who is enrolled in a program of special education pursuant to NRS

20-24  388.440 to 388.520, inclusive, other than a gifted and talented pupil, the

20-25  different standards adopted or other modifications or accommodations

20-26  must be set forth in the pupil’s program of special education developed in

20-27  accordance with the Individuals with Disabilities Education Act, 20 U.S.C.

20-28  §§ 1400 et seq., and the standards prescribed by the state board. During the

20-29  administration of the high school proficiency examination, a pupil with a

20-30  disability may be given additional time to complete the examination if the

20-31  additional time is a modification or accommodation that is approved in the

20-32  pupil’s program of special education developed in accordance with the

20-33  Individuals with Disabilities Education Act, 20 U.S.C. §§ 1400 et seq.

20-34  5.  If a pupil fails to demonstrate at least adequate achievement on the

20-35  examination administered before the completion of grade 4, 8 or 10, he

20-36  may be promoted to the next higher grade, but the results of his

20-37  examination must be evaluated to determine what remedial study is

20-38  appropriate. If such a pupil is enrolled at a school that has been designated

20-39  as demonstrating need for improvement pursuant to subsection 1 of NRS

20-40  385.367 , the pupil must, in accordance with the requirements set forth in

20-41  this subsection, complete remedial study that is determined to be

20-42  appropriate for the pupil.

20-43  6.  If a pupil fails to pass the proficiency examination administered

20-44  before the completion of grade 11, he must not be graduated until he is

20-45  able, through remedial study, to pass the proficiency examination, but he

20-46  may be given a certificate of attendance, in place of a diploma, if he has

20-47  reached the age of 17 years.

20-48  7.  The state board shall prescribe standard examinations of

20-49  achievement and proficiency to be administered pursuant to subsection 1.

21-1  The examinations on reading, mathematics and science prescribed for

21-2  grades 4, 8 and 10 must be selected from examinations created by private

21-3  entities and administered to a national reference group, and must allow for

21-4  a comparison of the achievement and proficiency of pupils in grades 4, 8

21-5  and 10 in this state to that of a national reference group of pupils in grades

21-6  4, 8 and 10. The questions contained in the examinations and the approved

21-7  answers used for grading them are confidential, and disclosure is unlawful

21-8  except:

21-9    (a) To the extent necessary for administering and evaluating the

21-10  examinations.

21-11  (b) That a disclosure may be made to a:

21-12     (1) State officer who is a member of the executive or legislative

21-13  branch to the extent that it is necessary for the performance of his duties;

21-14     (2) Superintendent of schools of a school district to the extent that it

21-15  is necessary for the performance of his duties;

21-16     (3) Director of curriculum of a school district to the extent that it is

21-17  necessary for the performance of his duties; and

21-18     (4) Director of testing of a school district to the extent that it is

21-19  necessary for the performance of his duties.

21-20  (c) That specific questions and answers may be disclosed if the

21-21  superintendent of public instruction determines that the content of the

21-22  questions and answers is not being used in a current examination and

21-23  making the content available to the public poses no threat to the security of

21-24  the current examination process.

21-25  8.  The state board shall prescribe, in accordance with the Individuals

21-26  with Disabilities Education Act, 20 U.S.C. §§ 1400 et seq., the

21-27  modifications and accommodations that may be used in the administration

21-28  of an examination to a pupil with a disability who is unable to take the

21-29  examination under regular testing conditions or with modifications and

21-30  accommodations that are approved by the private entity that created the

21-31  examination or, if the department created the examination, by the

21-32  department. These regulations may include, without limitation, authorizing

21-33  a pupil to complete an examination with additional time.

21-34  Sec. 15.  NRS 389.017 is hereby amended to read as follows:

21-35  389.017  1.  The state board shall prescribe regulations requiring that

21-36  each board of trustees of a school district and each governing body of a

21-37  charter school submit to the superintendent of public instruction and the

21-38  department, in the form and manner prescribed by the superintendent, the

21-39  results of achievement and proficiency examinations given in the 4th, 8th,

21-40  10th and 11th grades to public school pupils of the district and charter

21-41  schools. The state board shall not include in the regulations any provision

21-42  which would violate the confidentiality of the test scores of any individual

21-43  pupil.

21-44  2.  The results of examinations must be reported for each school,

21-45  including, without limitation, each charter school, school district and this

21-46  state as follows:

21-47  (a) The average score, as defined by the department, of pupils who took

21-48  the examinations under regular testing conditions; and

22-1    (b) The average score, as defined by the department, of pupils who took

22-2  the examinations with modifications or accommodations approved by the

22-3  private entity that created the examination or, if the department created the

22-4  examination, the department, if such reporting does not violate the

22-5  confidentiality of the test scores of any individual pupil.

22-6    3.  The department shall adopt regulations prescribing the requirements

22-7  for reporting the scores of pupils who:

22-8    (a) Took the examinations under conditions that were not approved by

22-9  the private entity that created the examination or, if the department created

22-10  the examination, by the department;

22-11  (b) Are enrolled in special schools for children with disabilities;

22-12  (c) Are enrolled in an alternative program for the education of pupils at

22-13  risk of dropping out of high school; or

22-14  (d) Are detained in a:

22-15     (1) Youth training center;

22-16     (2) Youth center;

22-17     (3) Juvenile forestry camp;

22-18     (4) Detention home;

22-19     (5) Youth camp;

22-20     (6) Juvenile correctional institution; or

22-21     (7) Correctional institution.

22-22  The scores reported pursuant to this subsection must not be included in the

22-23  average scores reported pursuant to subsection 2.

22-24  4.  Not later than 10 days after the department receives the results of

22-25  the achievement and proficiency examinations, the department shall

22-26  transmit a copy of the results of the examinations administered pursuant to

22-27  NRS 389.015 to the legislative bureau of educational accountability and

22-28  program evaluation in a manner that does not violate the confidentiality of

22-29  the test scores of any individual pupil.

22-30  5.  On or before November [1] 15 of each year, each school district and

22-31  each charter school shall report to the department the following

22-32  information for each examination administered in the public schools in the

22-33  school district or charter school:

22-34  (a) The examination administered;

22-35  (b) The grade level or levels of pupils to whom the examination was

22-36  administered;

22-37  (c) The costs incurred by the school district or charter school in

22-38  administering each examination; and

22-39  (d) The purpose, if any, for which the results of the examination are

22-40  used by the school district or charter school.

22-41  On or before December [1] 15 of each year, the department shall transmit

22-42  to the budget division of the department of administration and the fiscal

22-43  analysis division of the legislative counsel bureau the information

22-44  submitted to the department pursuant to this subsection.

22-45  6.  The superintendent of schools of each school district and the

22-46  governing body of each charter school shall certify that the number of

22-47  pupils who took the examinations required pursuant to NRS 389.015 is

22-48  equal to the number of pupils who are enrolled in each school in the school

22-49  district or in the charter school who are required to take the examinations

23-1  except for those pupils who are exempt from taking the examinations. A

23-2  pupil may be exempt from taking the examinations if:

23-3    (a) His primary language is not English and his proficiency in the

23-4  English language is below the level that the state board determines is

23-5  proficient, as measured by an assessment of proficiency in the English

23-6  language prescribed by the state board pursuant to subsection 8; or

23-7    (b) He is enrolled in a program of special education pursuant to NRS

23-8  388.440 to 388.520, inclusive, and his program of special education

23-9  specifies that he is exempt from taking the examinations.

23-10  7.  In addition to the information required by subsection 5, the

23-11  superintendent of public instruction shall:

23-12  (a) Report the number of pupils who were not exempt from taking the

23-13  examinations but were absent from school on the day that the examinations

23-14  were administered; and

23-15  (b) Reconcile the number of pupils who were required to take the

23-16  examinations with the number of pupils who were exempt from taking the

23-17  examinations or absent from school on the day that the examinations were

23-18  administered.

23-19  8.  The state board shall prescribe an assessment of proficiency in the

23-20  English language for pupils whose primary language is not English to

23-21  determine which pupils are exempt from the examinations pursuant to

23-22  paragraph (a) of subsection 6.

23-23  Sec. 16.  NRS 389.020 is hereby amended to read as follows:

23-24  389.020  1.  In all public schools, the Caliente youth center and the

23-25  Nevada youth training center, instruction must be given in American

23-26  government, including [but not limited to the essentials] , without

23-27  limitation, the:

23-28  (a) Essentials of the :

23-29     (1) Constitution of the United States,  [the constitution] including,

23-30  without limitation, the Bill of Rights;

23-31     (2) Constitution of the State of Nevada [, the origin] ; and

23-32     (3) Declaration of Independence;

23-33  (b) Origin and history of the constitutions ; and [the study]

23-34  (c) Study of and devotion to American institutions and ideals.

23-35  2.  The instruction required in subsection 1 must be given during at

23-36  least 1 year of the elementary school grades and for a period of at least 1

23-37  year in all high schools.

23-38  Sec. 17.  NRS 389.030 is hereby amended to read as follows:

23-39  389.030  American history, including , without limitation, the history

23-40  of the :

23-41  1.  Constitution of the United States, including, without limitation,

23-42  the Bill of Rights;

23-43  2.  State of Nevada , including, without limitation, the Constitution of

23-44  the State of Nevada; and

23-45  3.  Declaration of Independence,

23-46  must be taught in all of the public schools in the State of Nevada for a

23-47  period of at least 1 year.

 

 

24-1    Sec. 18.  NRS 389.560 is hereby amended to read as follows:

24-2    389.560  1.  The state board shall adopt regulations that require the

24-3  board of trustees of each school district and the governing body of each

24-4  charter school to submit to the superintendent of public instruction, the

24-5  department and the council, in the form and manner prescribed by the

24-6  superintendent, the results of the examinations administered pursuant to

24-7  NRS 389.550. The state board shall not include in the regulations any

24-8  provision that would violate the confidentiality of the test scores of an

24-9  individual pupil.

24-10  2.  The results of the examinations must be reported for each school,

24-11  including, without limitation, each charter school, school district and this

24-12  state, as follows:

24-13  (a) The percentage of pupils who have demonstrated proficiency, as

24-14  defined by the department, and took the examinations under regular testing

24-15  conditions; and

24-16  (b) The percentage of pupils who have demonstrated proficiency, as

24-17  defined by the department, and took the examinations with modifications

24-18  or accommodations approved by the private entity that created the

24-19  examination or, if the department created the examination, the department,

24-20  if such reporting does not violate the confidentiality of the test scores of

24-21  any individual pupil.

24-22  3.  The department shall adopt regulations prescribing the requirements

24-23  for reporting the results of pupils who:

24-24  (a) Took the examinations under conditions that were not approved by

24-25  the private entity that created the examination or, if the department created

24-26  the examination, by the department;

24-27  (b) Are enrolled in special schools for children with disabilities;

24-28  (c) Are enrolled in an alternative program for the education of pupils at

24-29  risk of dropping out of high school; or

24-30  (d) Are detained in a:

24-31     (1) Youth training center;

24-32     (2) Youth center;

24-33     (3) Juvenile forestry camp;

24-34     (4) Detention home;

24-35     (5) Youth camp;

24-36     (6) Juvenile correctional institution; or

24-37     (7) Correctional institution.

24-38  The results reported pursuant to this subsection must not be included in the

24-39  percentage of pupils reported pursuant to subsection 2.

24-40  4.  Not later than 10 days after the department receives the results of

24-41  the examinations, the department shall transmit a copy of the results to the

24-42  legislative bureau of educational accountability and program evaluation in

24-43  a manner that does not violate the confidentiality of the test scores of any

24-44  individual pupil.

24-45  5.  On or before November [1] 15 of each year, each school district and

24-46  each charter school shall report to the department the following

24-47  information for each examination administered in the public schools in the

24-48  school district or charter school:

24-49  (a) The examination administered;

25-1    (b) The grade level or levels of pupils to whom the examination was

25-2  administered;

25-3    (c) The costs incurred by the school district or charter school in

25-4  administering each examination; and

25-5    (d) The purpose, if any, for which the results of the examination are

25-6  used by the school district or charter school.

25-7  On or before December [1] 15 of each year, the department shall transmit

25-8  to the budget division of the department of administration and the fiscal

25-9  analysis division of the legislative counsel bureau the information

25-10  submitted to the department pursuant to this subsection.

25-11  6.  The superintendent of schools of each school district and the

25-12  governing body of each charter school shall certify that the number of

25-13  pupils who took the examinations is equal to the number of pupils who are

25-14  enrolled in each school in the school district or in the charter school who

25-15  are required to take the examinations, except for those pupils who are

25-16  exempt from taking the examinations. A pupil may be exempt from taking

25-17  the examinations if:

25-18  (a) His primary language is not English and his proficiency in the

25-19  English language is below the level that the state board determines is

25-20  proficient, as measured by an assessment of proficiency in the English

25-21  language prescribed by the state board pursuant to subsection 8; or

25-22  (b) He is enrolled in a program of special education pursuant to NRS

25-23  388.440 to 388.520, inclusive, and his program of special education

25-24  specifies that he is exempt from taking the examinations.

25-25  7.  In addition to the information required by subsection 5, the

25-26  superintendent of public instruction shall:

25-27  (a) Report the number of pupils who were not exempt from taking the

25-28  examinations but were absent from school on the day that the examinations

25-29  were administered; and

25-30  (b) Reconcile the number of pupils who were required to take the

25-31  examinations with the number of pupils who were exempt from taking the

25-32  examinations or absent from school on the day that the examinations were

25-33  administered.

25-34  8.  The state board shall prescribe an assessment of proficiency in the

25-35  English language for pupils whose primary language is not English to

25-36  determine which pupils are exempt from the examinations pursuant to

25-37  paragraph (a) of subsection 6.

25-38  Sec. 19.  Chapter 392 of NRS is hereby amended by adding thereto a

25-39  new section to read as follows:

25-40  Attendance required by the provisions of NRS 392.040 must be

25-41  excused if a child has obtained permission to take the tests of general

25-42  educational development pursuant to NRS 385.448.

25-43  Sec. 20.  Section 5 of Senate Bill No. 36 of this session is hereby

25-44  amended to read as follows:

25-45  Sec. 5. NRS 387.303 is hereby amended to read as follows:

25-46  387.303  1.  Not later than November 10 of each year, the board

25-47  of trustees of each school district shall submit to the superintendent of

25-48  public instruction and the department of taxation a report which

25-49  includes the following information:

26-1    (a) For each fund within the school district, including, without

26-2  limitation, the school district’s general fund and any special revenue

26-3  fund which receives state money, the total number and salaries of

26-4  licensed and nonlicensed persons whose salaries are paid from the

26-5  fund and who are employed by the school district in full-time

26-6  positions or in part-time positions added together to represent full-

26-7  time positions. Information must be provided for the current school

26-8  year based upon the school district’s final budget, including any

26-9  amendments and augmentations thereto, and for the preceding school

26-10  year. An employee must be categorized as filling an instructional,

26-11  administrative, instructional support or other position.

26-12  (b) The count of pupils computed pursuant to paragraph (a) of

26-13  subsection 1 of NRS 387.1233.

26-14  (c) The school district’s actual expenditures in the fiscal year

26-15  immediately preceding the report.

26-16  (d) The school district’s proposed expenditures for the current

26-17  fiscal year.

26-18  (e) The schedule of salaries for licensed employees in the current

26-19  school year and a statement of whether the negotiations regarding

26-20  salaries for the current school year have been completed. If the

26-21  negotiations have not been completed at the time the schedule of

26-22  salaries is submitted, the board of trustees shall submit a supplemental

26-23  report to the superintendent of public instruction upon completion of

26-24  negotiations or the determination of an arbitrator concerning the

26-25  negotiations that includes the schedule of salaries agreed to or

26-26  required by the arbitrator.

26-27  (f) The number of teachers who received an increase in salary

26-28  pursuant to subsection 2 of NRS 391.160 for the current and

26-29  preceding fiscal years.

26-30  (g) The number of employees eligible for health insurance within

26-31  the school district for the current and preceding fiscal years and the

26-32  amount paid for health insurance for each such employee during those

26-33  years.

26-34  (h) The rates for fringe benefits, excluding health insurance, paid

26-35  by the school district for its licensed employees in the preceding and

26-36  current fiscal years.

26-37  (i) The amount paid for extra duties, supervision of extracurricular

26-38  activities and supplemental pay and the number of employees

26-39  receiving that pay in the preceding and current fiscal years.

26-40  (j) The expenditures from the account created pursuant to

26-41  subsection 3 of NRS 179.1187. The report must indicate the total

26-42  amount received by the district in the preceding fiscal year, and the

26-43  specific amount spent on books and computer hardware and

26-44  software for each grade level in the district.

26-45  2.  On or before November 25 of each year, the superintendent of

26-46  public instruction shall submit to the department of administration and

26-47  the fiscal analysis division of the legislative counsel bureau, in a

26-48  format approved by the director of the department of administration, a

27-1  compilation of the reports made by each school district pursuant to

27-2  subsection 1.

27-3    3.  The superintendent of public instruction shall, in the

27-4  compilation required by subsection 2, reconcile the revenues and

27-5  expenditures of the school districts with the apportionment received

27-6  by those districts from the state distributive school account for the

27-7  preceding year.

27-8    Sec. 21.  1.  This section and sections 1 to 13, inclusive, and 15 to 20,

27-9  inclusive, of this act become effective on July 1, 2001.

27-10  2.  Section 14 of this act becomes effective at 12:01 a.m. on July 1,

27-11  2001.

 

27-12  H