Senate Bill No. 490–Committee on Finance

 

(On Behalf of Department of Administration—Budget Division)

 

March 26, 2001

____________

 

Referred to Committee on Finance

 

SUMMARY—Revises provisions governing school accountability and authorizes expenditures from state distributive school account. (BDR 34‑1310)

 

FISCAL NOTE:    Effect on Local Government: No.

                                 Effect on the State: Executive Budget.

 

~

 

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

 

AN ACT relating to education; providing that certain public schools are not eligible to receive an exemption from the annual designation of public schools; revising provisions pursuant to which certain public schools must be designated as demonstrating need for improvement; revising related provisions governing the accountability of public schools; authorizing the department of education to spend from the state distributive school account money for programs of remedial study and tutoring; 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 385.364 is hereby amended to read as follows:

1-2    385.364  1.  [The] Except as otherwise provided in subsection 3, the

1-3  department shall not designate a public school pursuant to NRS 385.363 if:

1-4    (a) The number of pupils who took the examinations administered

1-5  pursuant to NRS 389.015 is less than 90 percent of the pupils who were

1-6  required to take the examinations and were not exempt pursuant to the

1-7  regulations of the department; and

1-8    (b) At least 60 percent of the pupils enrolled in that school who took the

1-9  examinations administered pursuant to NRS 389.015 received an average

1-10  score on those examinations that is at least equal to the 26th percentile of

1-11  the national reference group of pupils to which the examinations were

1-12  compared.

1-13    2.  If the department does not designate a public school pursuant to

1-14  NRS 385.363, the board of trustees of the school district in which the

1-15  school is located shall:

2-1    (a) Prepare a written statement explaining why the number of pupils

2-2  who took the examinations administered pursuant to NRS 389.015 is less

2-3  than 90 percent of the pupils who were required to take the examinations;

2-4    (b) Prepare a written plan to increase the number of pupils who take the

2-5  examinations administered pursuant to NRS 389.015; and

2-6    (c) On or before May 1 of the year in which the school receives notice

2-7  pursuant to NRS 385.369 that a designation will not be made for the

2-8  school, submit the written statement and plan to the:

2-9       (1) Governor;

2-10      (2) Department;

2-11      (3) Committee; and

2-12      (4) Bureau.

2-13    3.  If a public school received a designation as demonstrating need

2-14  for improvement in the immediately preceding school year, the

2-15  department shall designate that public school pursuant to NRS 385.363,

2-16  regardless of whether the circumstances set forth in subsection 1 apply to

2-17  that school. However, if the number of pupils enrolled in such a public

2-18  school who took the examinations administered pursuant to NRS

2-19  389.015 is less than 90 percent of the pupils who were required to take

2-20  the examinations and were not exempt pursuant to the regulations of the

2-21  department, the board of trustees of the school district in which that

2-22  public school is located shall prepare and submit a written statement and

2-23  written plan pursuant to subsection 2.

2-24    Sec. 2.  NRS 385.367 is hereby amended to read as follows:

2-25    385.367  The department shall designate a public school as

2-26  demonstrating need for improvement if:

2-27    1.  Less than 60 percent of the pupils enrolled in that school who took

2-28  the examinations administered pursuant to NRS 389.015 received an

2-29  average score on those examinations that is at least equal to the 26th

2-30  percentile of the national reference group of pupils to which the

2-31  examinations were compared; [or]

2-32    2.  The average daily attendance of pupils who are enrolled in the

2-33  school is less than 90 percent for 3 or more consecutive years based upon

2-34  the yearly profile of information for the school maintained by the

2-35  department pursuant to subsection 4 of NRS 385.351[.] ; or

2-36    3.  Except as otherwise provided in this subsection, the school was

2-37  designated as demonstrating need for improvement pursuant to

2-38  subsection 1 in the immediately preceding school year and the number of

2-39  pupils enrolled in the school in the current school year who took the

2-40  examinations administered pursuant to NRS 389.015 is less than 90

2-41  percent of the pupils who were required to take the examinations and

2-42  were not exempt pursuant to the regulations of the department. If the

2-43  provisions of subsection 1 apply to a school in which less than 90 percent

2-44  of the pupils took the examinations, the school must be designated

2-45  pursuant to subsection 1 and not pursuant to this subsection. If a school

2-46  is designated pursuant to this subsection:

2-47    (a) The provisions of NRS 385.373 or 385.375, as applicable, apply to

2-48  the school; and

3-1    (b) The school is eligible to continue to receive money for remedial

3-2  programs made available by legislative appropriation for the purposes of

3-3  NRS 385.389.

3-4    Sec. 3.  NRS 385.373 is hereby amended to read as follows:

3-5    385.373  If the department designates a school as demonstrating need

3-6  for improvement pursuant to NRS 385.367 for 2 consecutive years or

3-7  pursuant to NRS 385.368 for 1 year, the department shall:

3-8    1.  Place the school on academic probation.

3-9    2.  Prepare for that school a plan to:

3-10    (a) Improve the achievement of the pupils who are enrolled in the

3-11  school as measured by the examinations required pursuant to NRS

3-12  389.015.

3-13    (b) If the school received a designation pursuant to subsection 3 of NRS

3-14  385.367 or NRS 385.368, increase the number of pupils who take the

3-15  examinations required pursuant to NRS 389.015 and ensure that all eligible

3-16  pupils who are in attendance on the day that the examinations are

3-17  administered are given an opportunity to take the examinations.

3-18    3.  On or before May 1 of the year in which the second designation was

3-19  made pursuant to NRS 385.367 or the first designation was made pursuant

3-20  to NRS 385.368, submit the plan to the:

3-21    (a) Board of trustees of the school district in which the school is

3-22  located;

3-23    (b) Governor;

3-24    (c) State board;

3-25    (d) Committee; and

3-26    (e) Bureau.

3-27    Sec. 4.  NRS 385.375 is hereby amended to read as follows:

3-28    385.375  If the department designates a school as demonstrating need

3-29  for improvement pursuant to NRS 385.367 for 3 or more consecutive years

3-30  or pursuant to NRS 385.368 for 2 or more consecutive years:

3-31    1.  The department shall:

3-32    (a) Continue the academic probation of the school;

3-33    (b) Prepare for that school a plan to:

3-34      (1) Improve the achievement of the school’s pupils as measured by

3-35  the examinations required pursuant to NRS 389.015;

3-36      (2) If the school received a designation pursuant to subsection 3 of

3-37  NRS 385.367 or NRS 385.368, increase the number of pupils who take the

3-38  examinations required pursuant to NRS 389.015; and

3-39    (c) On or before May 1 of the year in which the third or subsequent

3-40  designation was made pursuant to NRS 385.367 or the second or

3-41  subsequent designation was made pursuant to NRS 385.368, submit the

3-42  plan to the:

3-43      (1) Board of trustees of the school district in which the school is

3-44  located;

3-45      (2) Governor;

3-46      (3) State board;

3-47      (4) Committee; and

3-48      (5) Bureau.

4-1  A plan prepared and submitted by the department pursuant to this

4-2  subsection must contain specific information about the school, including,

4-3  but not limited to, information concerning the administrative operation of

4-4  the school, the curriculum of the school and the financial and other

4-5  resources of the school.

4-6    2.  The board of trustees of the school district in which the school is

4-7  located shall, until such time as the school is designated as demonstrating

4-8  exemplary achievement, high achievement or adequate achievement

4-9  pursuant to NRS 385.365, make two reports per year, one at the end of

4-10  each semester, to the department, the committee, the bureau and the

4-11  governor concerning the progress of the school in carrying out the plan

4-12  prepared pursuant to subsection 1.

4-13    Sec. 5.  NRS 385.381 is hereby amended to read as follows:

4-14    385.381  1.  A panel established pursuant to NRS 385.378 shall:

4-15    (a) Review the most recent plan prepared by the department for the

4-16  school pursuant to NRS 385.373 or 385.375 or the plan prepared by the

4-17  board of trustees of the school district pursuant to NRS 385.364 or

4-18  385.371;

4-19    (b) Identify and investigate the problems and factors at the school that

4-20  contributed to the designation of the school as demonstrating need for

4-21  improvement;

4-22    (c) Hold a public meeting to discuss the actions that the school will

4-23  need to take to warrant receiving a designation of demonstrating exemplary

4-24  achievement, high achievement or adequate achievement;

4-25    (d) On or before December 1, prepare a written report that includes an

4-26  analysis of the problems and factors at the school which contributed to the

4-27  designation of the school as demonstrating need for improvement,

4-28  including, without limitation, issues relating to:

4-29      (1) The financial resources of the school;

4-30      (2) The administrative and educational personnel of the school;

4-31      (3) The curriculum of the school;

4-32      (4) The facilities available at the school, including the availability

4-33  and accessibility of educational technology; [and]

4-34      (5) If applicable to the school, the number of pupils who took the

4-35  examinations administered pursuant to NRS 389.015 in comparison to

4-36  the number of pupils who were required to take the examinations and

4-37  who were not exempt pursuant to the regulations of the department; and

4-38      (6) Any other factors that the panel believes contributed to the

4-39  designation of the school as demonstrating need for improvement;

4-40    (e) Submit a copy of the written report to the:

4-41      (1) Principal of the school;

4-42      (2) Board of trustees of the school district in which the school is

4-43  located;

4-44      (3) Superintendent of schools of the school district in which the

4-45  school is located;

4-46      (4) Superintendent of public instruction;

4-47      (5) Governor;

4-48      (6) State board;

4-49      (7) Department;

5-1       (8) Committee; and

5-2       (9) Bureau;

5-3    (f) Make the written report available, upon request, to each parent or

5-4  legal guardian of a pupil who is enrolled in the school; and

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

5-6  revisions to the most recent plan prepared by the department for the school

5-7  pursuant to NRS 385.373 or 385.375.

5-8    2.  The department shall, not more than 1 month after receiving the

5-9  written report submitted by the panel:

5-10    (a) Amend the most recent plan prepared by the department for the

5-11  school pursuant to NRS 385.373 or 385.375. In amending the plan, the

5-12  department shall incorporate the revisions adopted by the panel pursuant to

5-13  paragraph (g) of subsection 1.

5-14    (b) Submit to the panel a copy of an amended plan for the school which

5-15  demonstrates to the satisfaction of the panel that the department

5-16  incorporated the revisions adopted by the panel pursuant to paragraph (g)

5-17  of subsection 1.

5-18    3.  The department shall submit to the panel a copy of the designation

5-19  that it gives to the school pursuant to NRS 385.363 or NRS 385.368 for the

5-20  school year immediately succeeding the establishment of the panel. If the

5-21  school does not earn a designation as demonstrating exemplary

5-22  achievement, high achievement or adequate achievement for the school

5-23  year immediately succeeding the establishment of the panel, the panel shall

5-24  take such action pursuant to subsection 1 and NRS 385.383 as it deems

5-25  necessary to ensure that the school takes action to improve its designation.

5-26    Sec. 6.  NRS 385.386 is hereby amended to read as follows:

5-27    385.386  1.  If a panel established pursuant to NRS 385.378

5-28  determines that an administrator must be appointed to oversee the

5-29  operation of a school, the superintendent of public instruction shall, on or

5-30  before January 15, appoint a licensed administrator to do so. The

5-31  administrator must:

5-32    (a) Possess knowledge and experience concerning the administration of

5-33  public schools.

5-34    (b) Be appointed from a list of three qualified persons submitted to the

5-35  superintendent of public instruction by the panel.

5-36    2.  An administrator appointed pursuant to this section:

5-37    (a) Shall:

5-38      (1) Establish and carry out a policy for the management of the school

5-39  to ensure that the plan prepared by the department pursuant to NRS

5-40  385.375 and revised by the panel pursuant to NRS 385.381 is followed.

5-41  This subparagraph does not prohibit the administrator from recommending

5-42  changes to the plan.

5-43      (2) Make two reports, one at the end of each semester, to the

5-44  department, the governor, the bureau and the committee regarding the

5-45  progress of the school toward earning a designation of demonstrating

5-46  exemplary achievement, high achievement or adequate achievement

5-47  pursuant to NRS 385.365.

5-48    (b) May take any action not prohibited by law to ensure that:

6-1       (1) The performance of the pupils of the school on the examinations

6-2  administered pursuant to NRS 389.015; and

6-3       (2) If the school received two or more consecutive designations

6-4  pursuant to subsection 3 of NRS 385.367 or NRS 385.368, the number of

6-5  pupils who take the examinations administered pursuant to NRS 389.015,

6-6  improves to such a level that the school is designated as demonstrating

6-7  exemplary achievement, high achievement or adequate achievement

6-8  pursuant to NRS 385.365.

6-9    (c) Serves at the pleasure of the superintendent of public instruction and

6-10  is entitled to receive such compensation as may be set by the

6-11  superintendent.

6-12    3.  A school district that contains a school for which an administrator is

6-13  appointed pursuant to this section shall reimburse the department for any

6-14  expenses incurred by the department pursuant to subsection 2.

6-15    4.  If a school for which an administrator is appointed pursuant to this

6-16  section receives a designation of demonstrating exemplary achievement,

6-17  high achievement or adequate achievement pursuant to NRS 385.365, the

6-18  superintendent of public instruction shall terminate the oversight of the

6-19  school by the administrator. After the superintendent terminates the

6-20  oversight of the school, the board of trustees of the school district in which

6-21  the school is located shall, until such time as the school receives two

6-22  consecutive designations of demonstrating exemplary achievement, high

6-23  achievement or adequate achievement pursuant to NRS 385.365, make two

6-24  reports, one at the end of each semester, to the department, the committee,

6-25  the bureau and the governor regarding actions taken at the school to

6-26  maintain that designation.

6-27    Sec. 7.  1.  The department of education is hereby authorized to spend

6-28  the following sums from the state distributive school account for programs

6-29  of remedial study for schools that have been designated as demonstrating

6-30  need for improvement and certain other schools:

6-31  For the fiscal year 2001-2002.......... $7,942,712

6-32  For the fiscal year 2002-2003.......... $7,942,712

6-33  The money allocated pursuant to this section must be used to provide

6-34  programs of remedial study that have been approved by the department of

6-35  education as being effective in improving pupil achievement.

6-36    2.  A school may submit an application to the department of education

6-37  for transmission to the state board of examiners for an allocation from the

6-38  amount authorized by subsection 1 if the school:

6-39    (a) Receives a designation as demonstrating need for improvement

6-40  pursuant to NRS 385.367.   (b) Did not receive a designation because the

6-41  school had too few pupils enrolled in a grade level that is tested pursuant to

6-42  NRS 389.015, but the test scores of the pupils indicate that the school

6-43  would have received a designation as demonstrating need for improvement.

6-44    (c) Receives a designation as demonstrating adequate achievement, but

6-45  more than 40 percent of the pupils enrolled in the school received an

6-46  average score below the 26th percentile on one or more of the four subjects

6-47  tested pursuant to NRS 389.015.

7-1    (d) Was designated as demonstrating need for improvement pursuant to

7-2  NRS 385.367 in either of the immediately preceding 2 school years, or

7-3  both.

7-4    3.  The department of education shall, in consultation with the budget

7-5  division of the department of administration and the legislative bureau of

7-6  educational accountability and program evaluation, develop a form for

7-7  such applications. The form must include, without limitation, a notice that

7-8  if money is authorized for programs of remedial study for the 2003-2005

7-9  biennium by the 72nd session of the Nevada legislature, a school that:

7-10    (a) Receives a designation as demonstrating adequate achievement;

7-11    (b) Has received an allocation for programs of remedial study for the

7-12  immediately preceding 2 years; and

7-13    (c) Applies for an allocation for a third consecutive year,

7-14  may be required to match the allocation equally, or in a lesser amount to

7-15  the extent that is financially practicable for the school, with other money

7-16  available to the school, not including any money available to the school

7-17  district, for programs of remedial study.

7-18    4.  Upon receipt of an application submitted pursuant to subsection 2,

7-19  the department of education shall review the application jointly with the

7-20  budget division of the department of administration and the legislative

7-21  bureau of educational accountability and program evaluation. The

7-22  department of education shall transmit the application to the state board of

7-23  examiners with the recommendation of the department of education

7-24  concerning the allocation of money based upon each application so

7-25  received. The state board of examiners, or the clerk of the board if

7-26  authorized by the board to act on its behalf, shall consider each such

7-27  application and, if it finds that an allocation should be made, recommend

7-28  the amount of the allocation to the interim finance committee. The interim

7-29  finance committee shall consider each such recommendation, but is not

7-30  bound to follow the recommendation of the state board of examiners when

7-31  determining the allocation to be received by a school.

7-32    5.  In determining the amount of the allocation, the state board of

7-33  examiners and the interim finance committee shall consider:

7-34    (a) The total number of pupils enrolled in the school who failed to

7-35  demonstrate at least adequate achievement on the examinations

7-36  administered pursuant to NRS 389.015;

7-37    (b) The number of subjects tested pursuant to NRS 389.015 on which

7-38  more than 40 percent of the pupils enrolled in the school received an

7-39  average score below the 26th percentile; and

7-40    (c) The financial need of the particular school.

7-41    6.  In addition to the considerations set forth in subsection 5, in

7-42  determining whether to approve an application for a school that has

7-43  received an allocation in the immediately preceding year and in

7-44  determining the amount of the allocation for such a school, the state board

7-45  of examiners and the interim finance committee shall consider whether the

7-46  school has carried out the program of remedial study for which it received

7-47  an allocation in a successful manner, as measured by the academic

7-48  achievement of the pupils enrolled in the school on the examinations

8-1  administered pursuant to NRS 389.015 and any assessments related to the

8-2  program of remedial study.

8-3    7.  A school that receives an allocation of money pursuant to this

8-4  section shall use the money to:

8-5    (a) Pay the costs incurred by the school in providing the program of

8-6  remedial study required by NRS 385.389. The money must first be applied

8-7  to those pupils who the school determines are performing at a level which

8-8  poses the highest risk of failure.

8-9    (b) Pay for the salaries, training or other compensation of teachers and

8-10  other educational personnel to provide the program of remedial study,

8-11  instructional materials required for the program of remedial study,

8-12  equipment necessary to offer the program of remedial study and all other

8-13  additional operating costs attributable to the program of remedial study.

8-14    (c) Supplement and not replace the money the school would otherwise

8-15  expend for programs of remedial study.

8-16    8.  Before a school amends a plan for expenditure of an allocation of

8-17  money received pursuant to this section, the school district in which the

8-18  school is located must submit the proposed amendment to the department

8-19  of education to receive approval from the department of education, the

8-20  budget division of the department of administration and the legislative

8-21  bureau of educational accountability and program evaluation, or the interim

8-22  finance committee.

8-23    9.  The sums authorized for expenditure in subsection 1 are available

8-24  for either fiscal year. Any remaining balance of those sums must not be

8-25  committed for expenditure after June 30, 2003, and reverts to the state

8-26  distributive school account as soon as all payments of money committed

8-27  have been made.

8-28    Sec. 8.  1.  The department of education is hereby authorized to

8-29  allocate from the state distributive school account the following sums for

8-30  programs of remedial education or tutoring for pupils who need additional

8-31  instructional time to pass or to reach a level considered proficient:

8-32  For the fiscal year 2001-2002.......... $1,900,000

8-33  For the fiscal year 2002-2003.......... $1,900,000

8-34  Programs funded under this section must be conducted before or after

8-35  school, on weekends, during the summer or between sessions in schools

8-36  with year-round school calendars.

8-37    2.  To receive an allocation from the amounts authorized in subsection

8-38  1, a school district must submit an application containing a written plan for

8-39  providing a program of remedial education or tutoring. The written plan

8-40  must include:

8-41    (a) The estimated number of pupils that will participate in the program;

8-42    (b) The curriculum that will be taught;

8-43    (c) A schedule of the course work or tutoring to be conducted under the

8-44  program;

8-45    (d) A plan for evaluating the effectiveness of the program; and

8-46    (e) A budget for the program.

8-47    3.  Upon receipt of an application submitted pursuant to subsection 2,

8-48  the department of education shall review the application jointly with the

8-49  budget division of the department of administration and the legislative

9-1  bureau of educational accountability and program evaluation. The

9-2  department of education shall transmit the application to the state board of

9-3  examiners with the recommendation of the department of education

9-4  concerning the allocation of money based upon each application so

9-5  received. The state board of examiners, or the clerk of the board if

9-6  authorized by the board to act on its behalf, shall consider each such

9-7  application and, if it finds that an allocation should be made, recommend

9-8  the amount of the allocation to the interim finance committee. The interim

9-9  finance committee shall consider each such recommendation, but is not

9-10  bound to follow the recommendation of the state board of examiners when

9-11  determining the allocation to be received by a school district.

9-12    4.  A school district that receives an allocation of money pursuant to

9-13  this section shall use the money to:

9-14    (a) Provide a program of remedial education or tutoring that has been

9-15  approved by the department of education as being effective in improving

9-16  pupil achievement.

9-17    (b) Pay the costs incurred by the school district in providing the

9-18  program of remedial education or tutoring. The money must first be

9-19  applied to those pupils who the school district determines are performing at

9-20  a level which poses the highest risk of failure.

9-21    (c) Pay for the salaries, training or other compensation of teachers and

9-22  other educational personnel to provide the program of remedial education

9-23  or tutoring, instructional materials required for the program, equipment

9-24  necessary to offer the program and all other additional operating costs

9-25  attributable to the program.

9-26    (d) Supplement and not replace the money the school would otherwise

9-27  expend for programs of remedial education or tutoring.

9-28    5.  Before a school district amends a plan for expenditure of an

9-29  allocation of money received pursuant to this section, the school district

9-30  must submit the proposed amendment to the department of education to

9-31  receive approval from the department of education, the budget division of

9-32  the department of administration and the legislative bureau of educational

9-33  accountability and program evaluation, or the interim finance committee.

9-34    6.  The sums authorized for expenditure in subsection 1 are available

9-35  for either fiscal year. Any remaining balance of those sums must not be

9-36  committed for expenditure after June 30, 2003, and reverts to the state

9-37  distributive school account as soon as all payments of money committed

9-38  have been made.

9-39    Sec. 9.  This act becomes effective on July 1, 2001.

 

9-40  H