Senate Bill No. 495–Committee on Finance

 

(On Behalf of Department of Administration—Budget Division)

 

March 26, 2001

____________

 

Referred to Committee on Finance

 

SUMMARY—Makes various changes to provisions governing achievement and proficiency examinations for administration in public and private schools. (BDR 34‑1311)

 

FISCAL NOTE:            Effect on Local Government: Yes.

                                    Effect on the State: Executive Budget.

 

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

 

AN ACT relating to education; requiring certain private schools to administer the high school proficiency examination; requiring certain pupils enrolled in private schools to pass the high school proficiency examination to receive a diploma and graduate; providing for the selection and administration of certain examinations to pupils enrolled in public schools; requiring the department of education to conduct a pilot program for the administration of alternative assessments to certain pupils whose primary language is not English; 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. Chapter 394 of NRS is hereby amended by adding thereto

1-2  the provisions set forth as sections 2 and 3 of this act.

1-3    Sec. 2.  1.  Each secondary educational institution that holds a

1-4  license to operate issued pursuant to this section, NRS 394.201 to

1-5  394.351, inclusive, and section 3 of this act shall administer the high

1-6  school proficiency examination administered pursuant to NRS 389.015 to

1-7  all pupils enrolled in the secondary educational institution in grades 11

1-8  and 12, or the equivalent of those grades in a public school. The

1-9  examination must be:

1-10    (a) Administered at the same time as the high school proficiency

1-11  examination is administered in each school district in this state;

1-12    (b) Administered in accordance with the uniform procedures adopted

1-13  by the board pursuant to paragraph (c) of subsection 2 of NRS 389.015;

1-14  and

2-1    (c) Scored in the same manner as the high school proficiency

2-2  examination is scored for the school districts in this state.

2-3    2.  Each secondary educational institution that administers the high

2-4  school proficiency examination pursuant to subsection 1 shall report the

2-5  results of pupils on the examination in a format prescribed by the

2-6  department.

2-7    Sec. 3.  1.  If a pupil who is enrolled in:

2-8    (a) A secondary educational institution that holds a license to operate

2-9  issued pursuant to this section, NRS 394.201 to 394.351, inclusive, and

2-10  section 2 of this act; and

2-11    (b) Grade 12, or the equivalent of that grade in a public
school,

2-12  the secondary educational institution in which the pupil is enrolled shall

2-13  not issue a diploma or other educational credential to the pupil or

2-14  otherwise allow the pupil to graduate from the secondary educational

2-15  institution unless the pupil has passed the high school proficiency

2-16  examination administered pursuant to section 2 of this act.

2-17    2.  A pupil with a disability may:

2-18    (a) Take the high school proficiency examination under regular

2-19  testing conditions or with modifications and accommodations set forth in

2-20  NRS 389.015 and the regulations adopted pursuant thereto.

2-21    (b) Be exempt from taking the high school proficiency examination if

2-22  his program of special education specifies that he is exempt.

2-23    Sec. 4.  NRS 394.201 is hereby amended to read as follows:

2-24    394.201  NRS 394.201 to 394.351, inclusive, and sections 2 and 3 of

2-25  this act may be cited as the Private Elementary and Secondary Education

2-26  Authorization Act.

2-27    Sec. 5.  NRS 394.221 is hereby amended to read as follows:

2-28    394.221  1.  The board shall:

2-29    (a) Adopt regulations governing the administration of the Private

2-30  Elementary and Secondary Education Authorization Act.

2-31    (b) Establish minimum criteria, in conformity with NRS 394.241, and

2-32  sections 2 and 3 of this act, which applicants for a license or agent’s

2-33  permit must meet before a license or permit is issued. The criteria must be

2-34  sufficient to effectuate the purposes of the Private Elementary and

2-35  Secondary Education Authorization Act but not unreasonably hinder

2-36  legitimate educational innovation.

2-37    2.  The superintendent shall administer the provisions of the Private

2-38  Elementary and Secondary Education Authorization Act in accordance

2-39  with the regulations of the board. He shall:

2-40    (a) Receive, investigate as necessary and act upon applications for

2-41  licenses and agents’ permits.

2-42    (b) Maintain a list of agents and private elementary and secondary

2-43  education institutions authorized to operate in this state. The list [shall]

2-44  must be available for the information of the public.

2-45    Sec. 6.  NRS 394.241 is hereby amended to read as follows:

2-46    394.241  1.  An elementary or secondary educational institution must

2-47  be maintained and operated, or a new institution must demonstrate that it

3-1  can be maintained and operated, in compliance with the following

3-2  minimum standards:

3-3    (a) The quality and content of each course of instruction, training or

3-4  study reasonably and adequately achieve the stated objective for which the

3-5  course or program is offered.

3-6    (b) The institution has adequate space, equipment, instructional

3-7  materials and personnel to provide education of good quality.

3-8    (c) The education and experience qualifications of directors,

3-9  administrators, supervisors and instructors reasonably ensure that the

3-10  students will receive education consistent with the objectives of the course

3-11  or program of study.

3-12    (d) The institution provides pupils and other interested persons with a

3-13  catalog or brochure containing information describing the grades or

3-14  programs offered, program objectives, length of school year or program,

3-15  schedule of tuition, fees and all other charges and expenses necessary for

3-16  completion of the course of study, cancellation and refund policies, and

3-17  such other material facts concerning the institution as are reasonably likely

3-18  to affect the decision of the parents or pupil to enroll in the institution,

3-19  together with any other disclosures specified by the superintendent or

3-20  defined in the regulations of the board, and the information is provided to

3-21  parents or prospective pupils before enrollment.

3-22    (e) [Upon satisfactory completion of training or instruction, the] A pupil

3-23  enrolled in the institution is given appropriate educational credentials by

3-24  the institution [indicating that the course of instruction or study has been

3-25  satisfactorily completed.] :

3-26      (1) Upon satisfactory completion of training or instruction.

3-27      (2) If he is enrolled in grade 12, or the equivalent of that grade in a

3-28  public school, upon satisfactory completion of training or instruction and

3-29  passage of the high school proficiency examination administered

3-30  pursuant to section 2 of this act.

3-31    (f) Adequate records are maintained by the institution to show

3-32  attendance, progress and performance.

3-33    (g) The institution is maintained and operated in compliance with all

3-34  pertinent ordinances and laws, including regulations adopted relative to the

3-35  safety and health of all persons upon the premises.

3-36    (h) The institution is financially sound and capable of fulfilling its

3-37  commitments.

3-38    (i) Neither the institution nor its agents engage in advertising, sales,

3-39  collection, credit or other practices of any type which are false, deceptive,

3-40  misleading or unfair.

3-41    (j) The chief executive officer, trustees, directors, owners,

3-42  administrators, supervisors, staff, instructors and agents are of good

3-43  reputation and character.

3-44    (k) The pupil housing owned, maintained or approved by the institution,

3-45  if any, is appropriate, safe and adequate.

3-46    (l) The institution has a fair and equitable cancellation and refund

3-47  policy.

3-48    2.  Accreditation by national or regional accrediting agencies

3-49  recognized by the United States Department of Education may be accepted

4-1  as evidence of compliance with the minimum standards established

4-2  pursuant to this section. Accreditation by a recognized, specialized

4-3  accrediting agency may be accepted as evidence of such compliance only

4-4  as to the portion or program of an institution accredited by the agency if the

4-5  institution as a whole is not accredited.

4-6    Sec. 7.  The high school proficiency examination administered

4-7  pursuant to NRS 389.015 must be administered to pupils enrolled in

4-8  licensed secondary educational institutions in grade 11, or the equivalent of

4-9  that grade in a public school, pursuant to section 2 of this act commencing

4-10  with the 2003-2004 school year. A pupil enrolled in a licensed secondary

4-11  educational institution in grade 12, or the equivalent of that grade in a

4-12  public school, must not be required to pass the high school proficiency

4-13  examination pursuant to section 3 of this act until the 2004-2005 school

4-14  year.

4-15    Sec. 8.  1.  On or before December 1, 2002, the state board of

4-16  education shall, pursuant to NRS 389.550, develop or purchase

4-17  examinations that measure the achievement and proficiency of pupils

4-18  enrolled in grade 8 on the standards of content and performance established

4-19  by the council to establish academic standards for public schools for

4-20  English, mathematics and science. The examinations must be scored by a

4-21  single private entity or the department of education.

4-22    2.  The examinations must be administered to all pupils who are

4-23  required to take the examinations commencing in the spring semester of

4-24  2003. In the first year that the examinations are administered, the results of

4-25  the examinations must be used solely to gather information and data

4-26  concerning the examinations.

4-27    Sec. 9.  The department of education shall:

4-28    1.  Conduct a pilot program for the administration of alternative

4-29  assessments to pupils whose primary language is not English and whose

4-30  proficiency in the English language is below the level that the state board

4-31  of education determines is proficient.

4-32    2.  Use the results of the pilot program to identify the alternative

4-33  assessments that are available and are proven effective in measuring the

4-34  achievement and proficiency of pupils whose primary language is not

4-35  English and whose proficiency in the English language is below the level

4-36  that the state board determines is proficient.

4-37    3.  On or before February 1, 2003, submit a written report evaluating

4-38  the pilot program, including, without limitation, any recommendations for

4-39  legislation, to the director of the legislative counsel bureau for transmission

4-40  to the 72nd session of the legislature.

4-41    Sec. 10.  1.  This section and sections 8 and 9 of this act become

4-42  effective on July 1, 2001.

4-43    2.  Sections 1, 2, 4, 5 and 7 of this act become effective on July 1,

4-44  2003.

4-45    3.  Sections 3 and 6 of this act become effective on July 1, 2004.

 

4-46  H