Assembly Bill No. 179–Assemblymen Giunchigliani, Williams, Parks, Gibbons, Ohrenschall, Anderson, Arberry, Atkinson, Buckley, Chowning, Collins, Conklin, Goldwater, Horne, Koivisto, Leslie, Manendo, McClain, McCleary, Oceguera, Perkins and Pierce
February 21, 2003
____________
Joint Sponsor: Senator Carlton
____________
Referred to Concurrent
Committees on Education
and Ways and Means
SUMMARY—Revises provisions governing education. (BDR 34‑22)
FISCAL NOTE: Effect on Local Government: No.
Effect on the State: Yes.
~
EXPLANATION
– Matter in bolded italics is new; matter
between brackets [omitted material] is material to be omitted.
Green numbers along left margin indicate location on the printed bill (e.g., 5-15 indicates page 5, line 15).
AN ACT relating to education; providing in skeleton form for the repeal of the Legislative Committee on Education, the Legislative Bureau of Educational Accountability and Program Evaluation, the Commission on Educational Technology and the Council to Establish Academic Standards for Public Schools; removing the requirement that a pupil pass the high school proficiency examination as a condition to receipt of a high school diploma; requiring the State Board of Education to prescribe endorsements to the standard high school diploma; revising provisions governing the administration of achievement and proficiency examinations to pupils with disabilities and pupils whose primary language is not English; revising provisions governing the reporting of achievement and proficiency examinations; 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
1-3 this state, in cooperation with associations recognized by the State
1-4 Board as representing licensed personnel in education in the district,
1-5 shall adopt a program providing for the accountability of the school
1-6 district to the residents of the district and to the State Board for the
1-7 quality of the schools and the educational achievement of the pupils
1-8 in the district, including, without limitation, pupils enrolled in
1-9 charter schools in the school district. The board of trustees of a
1-10 school district shall report the information required by subsection 2
1-11 for each charter school within the school district, regardless of the
1-12 sponsor of the charter school.
1-13 2. The board of trustees of each school district shall, on or
1-14 before March 31 of each year, report to the residents of the district
1-15 concerning:
1-16 (a) The educational goals and objectives of the school district.
1-17 (b) Pupil achievement for grades 4, 8, 10 and 11 for each school
1-18 in the district and the district as a whole, including, without
1-19 limitation, each charter school in the district.
1-20 Unless otherwise directed by the Department, the board of trustees
1-21 of the district shall base its report on the results of the examinations
1-22 administered pursuant to NRS 389.015 and shall compare the results
1-23 of those examinations for the current school year with those of
1-24 previous school years. The report must include, for each school in
1-25 the district, including, without limitation, each charter school in the
1-26 district, and each grade in which the examinations were
1-27 administered:
1-28 (1) The number of pupils who took the examinations;
1-29 (2) An explanation of instances in which a school was
1-30 exempt from administering or a pupil was exempt from taking an
1-31 examination; and
1-32 (3) A record of attendance for the period in which the
1-33 examinations were administered, including an explanation of any
1-34 difference in the number of pupils who took the examinations and
1-35 the number of pupils who are enrolled in the school.
1-36 In addition, the board shall also report the results of other
1-37 examinations of pupil achievement administered to pupils in the
1-38 school district in grades other than 4, 8, 10 and 11. The results of
1-39 these examinations for the current school year must be compared
1-40 with those of previous school years.
1-41 (c) The ratio of pupils to teachers in kindergarten and at each
1-42 grade level for each elementary school in the district and the district
2-1 as a whole, including, without limitation, each charter school in the
2-2 district, the average class size for each required course of study for
2-3 each secondary school in the district and the district as a whole,
2-4 including, without limitation, each charter school in the district, and
2-5 other data concerning licensed and unlicensed employees of the
2-6 school district.
2-7 (d) The percentage of classes taught by teachers who have been
2-8 assigned to teach English, mathematics, science or social studies but
2-9 do not possess a license with an endorsement to teach in that subject
2-10 area, for each school in the district and the district as a whole,
2-11 including, without limitation, each charter school in the district.
2-12 (e) The total expenditure per pupil for each school in the district
2-13 and the district as a whole, including, without limitation, each
2-14 charter school in the district.
2-15 (f) The curriculum used by the school district, including:
2-16 (1) Any special programs for pupils at an individual school;
2-17 and
2-18 (2) The curriculum used by each charter school in the
2-19 district.
2-20 (g) Records of the attendance and truancy of pupils in all grades,
2-21 including, without limitation, the average daily attendance of pupils,
2-22 for each school in the district and the district as a whole, including,
2-23 without limitation, each charter school in the district.
2-24 (h) The annual rate of pupils who drop out of school in grades 9
2-25 to 12, inclusive, for each such grade, for each school in the district
2-26 and for the district as a whole, excluding pupils who:
2-27 (1) Provide proof to the school district of successful
2-28 completion of the examinations of general educational development.
2-29 (2) Are enrolled in courses that are approved by the
2-30 Department as meeting the requirements for an adult standard
2-31 diploma.
2-32 (3) Withdraw from school to attend another school.
2-33 (i) Records of attendance of teachers who provide instruction,
2-34 for each school in the district and the district as a whole, including,
2-35 without limitation, each charter school in the district.
2-36 (j) Efforts made by the school district and by each school in the
2-37 district, including, without limitation, each charter school in the
2-38 district, to increase:
2-39 (1) Communication with the parents of pupils in the district;
2-40 and
2-41 (2) The participation of parents in the educational process
2-42 and activities relating to the school district and each school,
2-43 including, without limitation, the existence of parent organizations
2-44 and school advisory committees.
3-1 (k) Records of incidents involving weapons or violence for each
3-2 school in the district, including, without limitation, each charter
3-3 school in the district.
3-4 (l) Records of incidents involving the use or possession of
3-5 alcoholic beverages or controlled substances for each school in the
3-6 district, including, without limitation, each charter school in the
3-7 district.
3-8 (m) Records of the suspension and expulsion of pupils required
3-9 or authorized pursuant to NRS 392.466 and 392.467.
3-10 (n) The number of pupils who are deemed habitual disciplinary
3-11 problems pursuant to NRS 392.4655, for each school in the district
3-12 and the district as a whole, including, without limitation, each
3-13 charter school in the district.
3-14 (o) The number of pupils in each grade who are retained in the
3-15 same grade pursuant to NRS 392.125, for each school in the district
3-16 and the district as a whole, including, without limitation, each
3-17 charter school in the district.
3-18 (p) The transiency rate of pupils for each school in the district
3-19 and the district as a whole, including, without limitation, each
3-20 charter school in the district. For the purposes of this paragraph, a
3-21 pupil is not transient if he is transferred to a different school within
3-22 the school district as a result of a change in the zone of attendance
3-23 by the board of trustees of the school district pursuant to
3-24 NRS 388.040.
3-25 (q) Each source of funding for the school district.
3-26 (r) The amount and sources of money received for remedial
3-27 education for each school in the district and the district as a whole,
3-28 including, without limitation, each charter school in the district.
3-29 (s) For each high school in the district, including, without
3-30 limitation, each charter school in the district, the percentage of
3-31 pupils who graduated from that high school or charter school in the
3-32 immediately preceding year and enrolled in remedial courses in
3-33 reading, writing or mathematics at a university or community
3-34 college within the University and Community College System of
3-35 Nevada.
3-36 (t) The technological facilities and equipment available at each
3-37 school, including, without limitation, each charter school, and the
3-38 district’s plan to incorporate educational technology at each school.
3-39 (u) For each school in the district and the district as a whole,
3-40 including, without limitation, each charter school in the district, the
3-41 number and percentage of pupils who [graduate with:]
3-42 received:
3-43 (1) A standard high school diploma.
3-44 (2) An adjusted diploma.
3-45 (3) A certificate of attendance.
4-1 (v) For each school in the district and the district as a whole,
4-2 including, without limitation, each charter school in the district, the
4-3 number and percentage of pupils who did not [receive a high school
4-4 diploma because the pupils failed to] pass the high school
4-5 proficiency examination.
4-6 (w) The number of habitual truants who are reported to a school
4-7 police officer or law enforcement agency pursuant to paragraph (a)
4-8 of subsection 2 of NRS 392.144 and the number of habitual truants
4-9 who are referred to an advisory board to review school attendance
4-10 pursuant to paragraph (b) of subsection 2 of NRS 392.144, for each
4-11 school in the district and for the district as a whole.
4-12 (x) The amount and sources of money received for the training
4-13 and professional development of teachers and other educational
4-14 personnel for each school in the district and for the district as a
4-15 whole, including, without limitation, each charter school in the
4-16 district.
4-17 (y) Such other information as is directed by the Superintendent
4-18 of Public Instruction.
4-19 3. The records of attendance maintained by a school for
4-20 purposes of paragraph (i) of subsection 2 must include the number
4-21 of teachers who are in attendance at school and the number of
4-22 teachers who are absent from school. A teacher shall be deemed in
4-23 attendance if the teacher is excused from being present in the
4-24 classroom by the school in which he is employed for one of
4-25 the following reasons:
4-26 (a) Acquisition of knowledge or skills relating to the
4-27 professional development of the teacher; or
4-28 (b) Assignment of the teacher to perform duties for cocurricular
4-29 or extracurricular activities of pupils.
4-30 4. The Superintendent of Public Instruction shall:
4-31 (a) Prescribe forms for the reports required pursuant to
4-32 subsection 2 and provide the forms to the respective school districts.
4-33 (b) Provide statistical information and technical assistance to the
4-34 school districts to ensure that the reports provide comparable
4-35 information with respect to each school in each district and among
4-36 the districts.
4-37 (c) Consult with a representative of the:
4-38 (1) Nevada State Education Association;
4-39 (2) Nevada Association of School Boards;
4-40 (3) Nevada Association of School Administrators;
4-41 (4) Nevada Parent Teachers Association;
4-42 (5) Budget Division of the Department of Administration;
4-43 and
5-1 (6) Legislative Counsel Bureau,
5-2 concerning the program and consider any advice or
5-3 recommendations submitted by the representatives with respect to
5-4 the program.
5-5 5. The Superintendent of Public Instruction may consult with
5-6 representatives of parent groups other than the Nevada Parent
5-7 Teachers Association concerning the program and consider any
5-8 advice or recommendations submitted by the representatives with
5-9 respect to the program.
5-10 6. On or before April 15 of each year, the board of trustees of
5-11 each school district shall submit to each advisory board to review
5-12 school attendance created in the county pursuant to NRS 392.126
5-13 the information required in paragraph (g) of subsection 2.
5-14 Sec. 2. NRS 385.389 is hereby amended to read as follows:
5-15 385.389 1. The Department shall adopt programs of remedial
5-16 study for each subject tested on the examinations administered
5-17 pursuant to NRS 389.015. In adopting these programs of remedial
5-18 study, the Department shall consider the recommendations
5-19 submitted by the Committee pursuant to NRS 218.5354 and
5-20 programs of remedial study that have proven to be successful in
5-21 improving the academic achievement of pupils.
5-22 2. A school that receives a designation as demonstrating need
5-23 for improvement pursuant to paragraph (a) of subsection 1 of NRS
5-24 385.367 shall adopt a program of remedial study that has been
5-25 adopted by the Department pursuant to subsection 1.
5-26 3. A school district that includes a school which receives a
5-27 designation of demonstrating need for improvement pursuant to
5-28 paragraph (a) of subsection 1 of NRS 385.367 shall ensure that each
5-29 of the pupils enrolled in the school who failed to demonstrate at
5-30 least adequate achievement on the examinations administered
5-31 pursuant to NRS 389.015 completes, in accordance with the
5-32 requirements set forth in subsection [5] 4 of NRS 389.015, remedial
5-33 study that is determined to be appropriate for the pupil.
5-34 Sec. 3. Chapter 389 of NRS is hereby amended by adding
5-35 thereto the provisions set forth as sections 4, 5 and 6 of this act.
5-36 Sec. 4. 1. A pupil is eligible to receive a standard high
5-37 school diploma if he has satisfied all the requirements for
5-38 graduation from high school. Passage of the high school
5-39 proficiency examination administered pursuant to NRS 389.015
5-40 must not be a condition to receipt of a standard high school
5-41 diploma.
5-42 2. The State Board shall adopt regulations that prescribe
5-43 endorsements that may be added to a standard high school
5-44 diploma issued to a pupil, including, without limitation, an
5-45 endorsement indicating that the pupil has passed the high school
6-1 proficiency examination administered pursuant to NRS 389.015
6-2 and an endorsement indicating that the pupil has successfully
6-3 completed advanced courses of study.
6-4 Sec. 5. 1. If a pupil with a disability is unable to take an
6-5 examination administered pursuant to NRS 389.015 or 389.550
6-6 under regular testing conditions, the pupil may take the
6-7 examination with modifications and accommodations that the
6-8 pupil’s individualized education program team determines, in
6-9 accordance with the Individuals with Disabilities Education Act,
6-10 20 U.S.C. §§ 1400 et seq. and the No Child Left Behind Act of
6-11 2001, 20 U.S.C. §§ 6301 et seq., are necessary to measure the
6-12 progress of the pupil. If a pupil is receiving special education
6-13 pursuant to NRS 388.440 to 388.520, inclusive, because he is blind
6-14 or otherwise has a visual impairment or a specific learning
6-15 disability in reading, the pupil’s individualized education program
6-16 team may determine that the examinations administered pursuant
6-17 to NRS 389.015 and 389.550 for the subject area of reading must
6-18 be read aloud to the pupil.
6-19 2. If a pupil’s individualized education program team
6-20 determines that the pupil cannot participate in all or a portion of
6-21 an examination that is administered pursuant to NRS 389.015 or
6-22 389.550 even with modifications and accommodations, the pupil’s
6-23 individualized education program must indicate the determination
6-24 made by the individualized education program team and set forth
6-25 the alternate assessment that the pupil will take, as prescribed by
6-26 the State Board.
6-27 3. The State Board shall adopt regulations prescribing, in
6-28 accordance with the Individuals with Disabilities Education Act,
6-29 20 U.S.C. §§ 1400 et seq., and the No Child Left Behind Act of
6-30 2001, 20 U.S.C. §§ 6301 et seq., the modifications and
6-31 accommodations that may be used in the administration of an
6-32 examination to a pupil with a disability who is unable to take the
6-33 examination under regular testing conditions. To the extent
6-34 authorized by the Individuals with Disabilities Education Act,
6-35 20 U.S.C. §§ 1400 et seq. and the No Child Left Behind Act of
6-36 2001, 20 U.S.C. §§ 6301 et seq., these regulations must include,
6-37 without limitation:
6-38 (a) Authorizing a pupil to complete an examination with
6-39 additional time;
6-40 (b) Authorizing a pupil to use a calculator during the
6-41 mathematics portion of the examination;
6-42 (c) If an examination is administered in a separate setting for
6-43 a pupil:
7-1 (1) Allowing the pupil freedom of movement during the
7-2 administration of the examination, including, without limitation,
7-3 the ability to stand; and
7-4 (2) Altering the environment of the classroom during the
7-5 administration of the examination, including, without limitation,
7-6 playing appropriate music; and
7-7 (d) Using appropriate assistive technology devices, as defined
7-8 in 20 U.S.C. § 1401(1).
7-9 4. As used in this section:
7-10 (a) “Individualized education program” has the meaning
7-11 ascribed to it in 20 U.S.C. § 1414(d)(1)(A).
7-12 (b) “Individualized education program team” has the meaning
7-13 ascribed to it in 20 U.S.C. § 1414(d)(1)(B).
7-14 Sec. 6. 1. The board of trustees of each school district and
7-15 the governing body of each charter school shall ensure that each
7-16 pupil enrolled in the school district or charter school, as
7-17 applicable, whose primary language is not English participates in
7-18 the examinations administered pursuant to NRS 389.015 and
7-19 389.550. The State Board shall prescribe reasonable modifications
7-20 and accommodations that may be used in the administration of an
7-21 examination to a pupil whose primary language is not English and
7-22 who is unable to take an examination under regular testing
7-23 conditions. The board of trustees of a school district and the
7-24 governing body of a charter school shall administer to a pupil
7-25 whose primary language is not English:
7-26 (a) To the extent practicable, examinations in mathematics
7-27 and science required by NRS 389.015 and 389.550 in the language
7-28 most likely to yield accurate and reliable information on what the
7-29 pupil knows.
7-30 (b) To the extent practicable, examinations in reading required
7-31 by NRS 389.015 and 389.550 in the language most likely to yield
7-32 accurate and reliable information on what the pupil knows if the
7-33 pupil has attended public schools in the United States for less than
7-34 3 consecutive years.
7-35 (c) If the pupil has attended public schools in the United States
7-36 for 3 consecutive years but less than 5 consecutive years:
7-37 (1) Examinations in reading required by NRS 389.015 and
7-38 389.550 in the English language; or
7-39 (2) Examinations in reading required by NRS 389.015 and
7-40 389.550 in the language most likely to yield accurate and reliable
7-41 information on what the pupil knows if the board of trustees
7-42 determines that the pupil has not reached a level of English
7-43 proficiency sufficient to yield valid and reliable information on
7-44 what the pupil knows.
8-1 (d) If the pupil has attended public schools in the United States
8-2 for 5 consecutive years or more, examinations in reading required
8-3 by NRS 389.015 and 389.550 in the English language.
8-4 2. The State Board shall prescribe an assessment of
8-5 proficiency in the English language that measures oral language
8-6 skills, reading skills and writing skills for administration to pupils
8-7 whose primary language is not English. The board of trustees of
8-8 each school district and the governing body of each charter school
8-9 shall administer the assessment annually at the time prescribed by
8-10 the State Board. A pupil who takes the assessment prescribed
8-11 pursuant to this subsection is not exempt from the examinations
8-12 administered pursuant to NRS 389.015 and 389.550.
8-13 Sec. 7. NRS 389.015 is hereby amended to read as follows:
8-14 389.015 1. The board of trustees of each school district shall
8-15 administer examinations in all public schools of the school district.
8-16 The governing body of a charter school shall administer the same
8-17 examinations in the charter school. The examinations administered
8-18 by the board of trustees and governing body must determine the
8-19 achievement and proficiency of pupils in:
8-20 (a) Reading;
8-21 (b) Writing;
8-22 (c) Mathematics; and
8-23 (d) Science.
8-24 2. The examinations required by subsection 1 must be:
8-25 (a) Administered before the completion of grades 4, 8, 10
8-26 and 11.
8-27 (b) Administered in each school district and each charter school
8-28 at the same time. The time for the administration of the
8-29 examinations must be prescribed by the State Board.
8-30 (c) Administered in each school in accordance with uniform
8-31 procedures adopted by the State Board. The Department shall
8-32 monitor the compliance of school districts and individual schools
8-33 with the uniform procedures.
8-34 (d) Administered in each school in accordance with the plan
8-35 adopted pursuant to NRS 389.616 by the Department and with the
8-36 plan adopted pursuant to NRS 389.620 by the board of trustees of
8-37 the school district in which the examinations are administered. The
8-38 Department shall monitor the compliance of school districts and
8-39 individual schools with:
8-40 (1) The plan adopted by the Department; and
8-41 (2) The plan adopted by the board of trustees of the
8-42 applicable school district, to the extent that the plan adopted by the
8-43 board of trustees of the school district is consistent with the plan
8-44 adopted by the Department.
9-1 (e) Scored by the Department or a single private entity that has
9-2 contracted with the State Board to score the examinations. If a
9-3 private entity scores the examinations, it shall report the results of
9-4 the examinations in the form and by the date required by the
9-5 Department.
9-6 3. Not more than 14 working days after the results of the
9-7 examinations are reported to the Department by a private entity that
9-8 scored the examinations or the Department completes the scoring of
9-9 the examinations, the Superintendent of Public Instruction shall
9-10 certify that the results of the examinations have been transmitted to
9-11 each school district and each charter school. Not more than 10
9-12 working days after a school district receives the results of the
9-13 examinations, the superintendent of schools of each school district
9-14 shall certify that the results of the examinations have been
9-15 transmitted to each school within the school district. Except as
9-16 otherwise provided in this subsection, not more than 15 working
9-17 days after each school receives the results of the examinations, the
9-18 principal of each school and the governing body of each charter
9-19 school shall certify that the results for each pupil have been
9-20 provided to the parent or legal guardian of the pupil:
9-21 (a) During a conference between the teacher of the pupil or
9-22 administrator of the school and the parent or legal guardian of the
9-23 pupil; or
9-24 (b) By mailing the results of the examinations to the last known
9-25 address of the parent or legal guardian of the pupil.
9-26 If a pupil fails the high school proficiency examination, the school
9-27 shall notify the pupil and the parents or legal guardian of the pupil
9-28 as soon as practicable but not later than 15 working days after the
9-29 school receives the results of the examination.
9-30 4. [Different standards of proficiency may be adopted for
9-31 pupils with diagnosed learning disabilities. If a pupil with a
9-32 disability is unable to take an examination created by a private entity
9-33 under regular testing conditions or with modifications and
9-34 accommodations that are approved by the private entity, the pupil
9-35 may take the examination with modifications and accommodations
9-36 that are approved by the State Board pursuant to subsection 8. If a
9-37 pupil with a disability is unable to take an examination created by
9-38 the Department under regular testing conditions or with
9-39 modifications and accommodations that are approved by the
9-40 Department, the pupil may take the examination with modifications
9-41 and accommodations that are approved by the State Board pursuant
9-42 to subsection 8. The results of an examination that is taken under
9-43 conditions that are not approved by a private entity or the
9-44 Department, as applicable, must not be reported pursuant to
9-45 subsection 2 of NRS 389.017. If different standards of proficiency
10-1 are adopted or other modifications or accommodations are made in
10-2 the administration of the examinations for a pupil who is enrolled in
10-3 a program of special education pursuant to NRS 388.440 to
10-4 388.520, inclusive, other than a gifted and talented pupil, the
10-5 different standards adopted or other modifications or
10-6 accommodations must be set forth in the pupil’s program of special
10-7 education developed in accordance with the Individuals with
10-8 Disabilities Education Act, 20 U.S.C. §§ 1400 et seq., and the
10-9 standards prescribed by the State Board. During the administration
10-10 of the high school proficiency examination, a pupil with a disability
10-11 may be given additional time to complete the examination if the
10-12 additional time is a modification or accommodation that is approved
10-13 in the pupil’s program of special education developed in accordance
10-14 with the Individuals with Disabilities Education Act, 20 U.S.C. §§
10-15 1400 et seq.
10-16 5.] If a pupil fails to demonstrate at least adequate achievement
10-17 on the examination administered before the completion of grade 4, 8
10-18 or 10, he may be promoted to the next higher grade, but the results
10-19 of his examination must be evaluated to determine what remedial
10-20 study is appropriate. If such a pupil is enrolled at a school that has
10-21 been designated as demonstrating need for improvement pursuant to
10-22 subsection 1 of NRS 385.367, the pupil must, in accordance with the
10-23 requirements set forth in this subsection, complete remedial study
10-24 that is determined to be appropriate for the pupil.
10-25 [6. If a pupil fails to pass the proficiency examination
10-26 administered before the completion of grade 11, he must not be
10-27 graduated until he is able, through remedial study, to pass the
10-28 proficiency examination, but he may be given a certificate of
10-29 attendance, in place of a diploma, if he has reached the age of 17
10-30 years.
10-31 7.] 5. The State Board shall prescribe standard examinations of
10-32 achievement and proficiency to be administered pursuant to
10-33 subsection 1. The high school proficiency examination must be
10-34 developed, printed and scored by a nationally recognized testing
10-35 company in accordance with the process established by the testing
10-36 company. The examinations on reading, mathematics and science
10-37 prescribed for grades 4, 8 and 10 must be selected from
10-38 examinations created by private entities and administered to a
10-39 national reference group, and must allow for a comparison of the
10-40 achievement and proficiency of pupils in grades 4, 8 and 10 in this
10-41 state to that of a national reference group of pupils in grades 4, 8 and
10-42 10. The questions contained in the examinations and the approved
10-43 answers used for grading them are confidential, and disclosure is
10-44 unlawful except:
11-1 (a) To the extent necessary for administering and evaluating the
11-2 examinations.
11-3 (b) That a disclosure may be made to a:
11-4 (1) State officer who is a member of the Executive or
11-5 Legislative Branch to the extent that it is necessary for the
11-6 performance of his duties;
11-7 (2) Superintendent of schools of a school district to the
11-8 extent that it is necessary for the performance of his duties;
11-9 (3) Director of curriculum of a school district to the extent
11-10 that it is necessary for the performance of his duties; and
11-11 (4) Director of testing of a school district to the extent that it
11-12 is necessary for the performance of his duties.
11-13 (c) That specific questions and answers may be disclosed if the
11-14 Superintendent of Public Instruction determines that the content of
11-15 the questions and answers is not being used in a current examination
11-16 and making the content available to the public poses no threat to the
11-17 security of the current examination process.
11-18 [8. The State Board shall prescribe, in accordance with the
11-19 Individuals with Disabilities Education Act, 20 U.S.C. §§ 1400 et
11-20 seq., the modifications and accommodations that may be used in the
11-21 administration of an examination to a pupil with a disability who is
11-22 unable to take the examination under regular testing conditions or
11-23 with modifications and accommodations that are approved by the
11-24 private entity that created the examination or, if the Department
11-25 created the examination, by the Department. These regulations may
11-26 include, without limitation, authorizing a pupil to complete an
11-27 examination with additional time.]
11-28 Sec. 8. NRS 389.017 is hereby amended to read as follows:
11-29 389.017 1. The State Board shall adopt regulations requiring
11-30 that each board of trustees of a school district and each governing
11-31 body of a charter school submit to the Superintendent of Public
11-32 Instruction and the Department, in the form and manner prescribed
11-33 by the Superintendent, the results of achievement and proficiency
11-34 examinations given in the 4th, 8th, 10th and 11th grades to public
11-35 school pupils of the district and charter schools. The State Board
11-36 shall not include in the regulations any provision which would
11-37 violate the confidentiality of the test scores of any individual pupil.
11-38 2. The results of examinations must be reported for each
11-39 school, including, without limitation, each charter school, school
11-40 district and this state, as follows:
11-41 (a) The average score, as defined by the Department, of pupils
11-42 who took the examinations under regular testing conditions; and
11-43 (b) The average score, as defined by the Department, of pupils
11-44 who took the examinations with modifications or accommodations ,
11-45 [approved by the private entity that created the examination or, if
12-1 the Department created the examination, the Department,] if such
12-2 reporting does not violate the confidentiality of the test scores of any
12-3 individual pupil.
12-4 3. The Department shall adopt regulations prescribing the
12-5 requirements for reporting the scores of pupils who:
12-6 (a) [Took the examinations under conditions that were not
12-7 approved by the private entity that created the examination or, if the
12-8 Department created the examination, by the Department;
12-9 (b)] Are enrolled in special schools for children with disabilities;
12-10 [(c)] (b) Are enrolled in an alternative program for the
12-11 education of pupils at risk of dropping out of high school, including,
12-12 without limitation, a program of distance education that is provided
12-13 to pupils who are at risk of dropping out of high school pursuant to
12-14 NRS 388.820 to 388.874, inclusive; or
12-15 [(d)] (c) Are detained in a:
12-16 (1) Youth training center;
12-17 (2) Youth center;
12-18 (3) Juvenile forestry camp;
12-19 (4) Detention home;
12-20 (5) Youth camp;
12-21 (6) Juvenile correctional institution; or
12-22 (7) Correctional institution.
12-23 [The scores reported pursuant to this subsection must not be
12-24 included in the average scores reported pursuant to subsection 2.]
12-25 4. Not later than 10 days after the Department receives the
12-26 results of the achievement and proficiency examinations, the
12-27 Department shall transmit a copy of the results of the examinations
12-28 administered pursuant to NRS 389.015 to the Legislative Bureau of
12-29 Educational Accountability and Program Evaluation in a manner
12-30 that does not violate the confidentiality of the test scores of any
12-31 individual pupil.
12-32 5. On or before November 15 of each year, each school district
12-33 and each charter school shall report to the Department the following
12-34 information for each examination administered in the public schools
12-35 in the school district or charter school:
12-36 (a) The examination administered;
12-37 (b) The grade level or levels of pupils to whom the examination
12-38 was administered;
12-39 (c) The costs incurred by the school district or charter school in
12-40 administering each examination; and
12-41 (d) The purpose, if any, for which the results of the examination
12-42 are used by the school district or charter school.
12-43 On or before December 15 of each year, the Department shall
12-44 transmit to the Budget Division of the Department of
12-45 Administration and the Fiscal Analysis Division of the Legislative
13-1 Counsel Bureau the information submitted to the Department
13-2 pursuant to this subsection.
13-3 6. The superintendent of schools of each school district and the
13-4 governing body of each charter school shall certify that the number
13-5 of pupils who took the examinations required pursuant to NRS
13-6 389.015 is equal to the number of pupils who are enrolled in each
13-7 school in the school district or in the charter school who are required
13-8 to take the examinations . [except for those pupils who are exempt
13-9 from taking the examinations. A pupil may be exempt from taking
13-10 the examinations if:
13-11 (a) His primary language is not English and his proficiency in
13-12 the English language is below the level that the State Board
13-13 determines is proficient, as measured by an assessment of
13-14 proficiency in the English language prescribed by the State Board
13-15 pursuant to subsection 8; or
13-16 (b) He is enrolled in a program of special education pursuant to
13-17 NRS 388.440 to 388.520, inclusive, and his program of special
13-18 education specifies that he is exempt from taking the examinations.]
13-19 7. In addition to the information required by subsection 5, the
13-20 Superintendent of Public Instruction shall:
13-21 (a) Report the number of pupils who were [not exempt from
13-22 taking the examinations but were] absent from school on the day
13-23 that the examinations were administered; and
13-24 (b) Reconcile the number of pupils who were required to take
13-25 the examinations with the number of pupils who were [exempt from
13-26 taking the examinations or] absent from school on the day that the
13-27 examinations were administered.
13-28 [8. The State Board shall prescribe an assessment of
13-29 proficiency in the English language for pupils whose primary
13-30 language is not English to determine which pupils are exempt from
13-31 the examinations pursuant to paragraph (a) of subsection 6.]
13-32 Sec. 9. NRS 389.0173 is hereby amended to read as follows:
13-33 389.0173 1. The Department shall develop an informational
13-34 pamphlet concerning the high school proficiency examination for
13-35 pupils who are enrolled in junior high, middle school and high
13-36 school, and their parents and legal guardians. The pamphlet must
13-37 include a written explanation of the:
13-38 (a) Importance of passing the examination ; [, including, without
13-39 limitation, an explanation that if the pupil fails the examination he is
13-40 not eligible to receive a standard high school diploma;]
13-41 (b) Subject areas tested on the examination;
13-42 (c) Format for the examination, including, without limitation,
13-43 the range of items that are contained on the examination;
13-44 (d) Manner by which the scaled score, as reported to pupils and
13-45 their parents or legal guardians, is derived from the raw score;
14-1 (e) Timeline by which the results of the examination must be
14-2 reported to pupils and their parents or legal guardians; and
14-3 (f) [Maximum number of times that a pupil is allowed to take
14-4 the examination if he fails to pass the examination after the first
14-5 administration; and
14-6 (g)] Courses of study that the Department recommends that
14-7 pupils take to prepare the pupils to successfully meet the academic
14-8 challenges of the examination and pass the examination.
14-9 2. The Department shall review the pamphlet on an annual
14-10 basis and make such revisions to the pamphlet as it considers
14-11 necessary to ensure that pupils and their parents or legal guardians
14-12 fully understand the examination.
14-13 3. On or before September 1, the Department shall provide a
14-14 copy of the pamphlet or revised pamphlet to the board of trustees of
14-15 each school district and the governing body of each charter school
14-16 that includes pupils enrolled in a junior high, middle school or high
14-17 school grade level.
14-18 4. The board of trustees of each school district shall provide a
14-19 copy of the pamphlet to each junior high, middle school or high
14-20 school within the school district for posting. The governing body of
14-21 each charter school shall ensure that a copy of the pamphlet is
14-22 posted at the charter school. Each principal of a junior high, middle
14-23 school, high school or charter school shall ensure that the teachers,
14-24 counselors and administrators employed at the school fully
14-25 understand the contents of the pamphlet.
14-26 5. On or before January 15, the:
14-27 (a) Board of trustees of each school district shall provide a copy
14-28 of the pamphlet to each pupil who is enrolled in a junior high,
14-29 middle school or high school of the school district and to the parents
14-30 or legal guardians of such a pupil.
14-31 (b) Governing body of each charter school shall provide a copy
14-32 of the pamphlet to each pupil who is enrolled in the charter school at
14-33 a junior high, middle school or high school grade level and to the
14-34 parents or legal guardians of such a pupil.
14-35 Sec. 10. NRS 389.560 is hereby amended to read as follows:
14-36 389.560 1. The State Board shall adopt regulations that
14-37 require the board of trustees of each school district and
14-38 the governing body of each charter school to submit to the
14-39 Superintendent of Public Instruction, the Department and the
14-40 Council, in the form and manner prescribed by the Superintendent,
14-41 the results of the examinations administered pursuant to NRS
14-42 389.550. The State Board shall not include in the regulations any
14-43 provision that would violate the confidentiality of the test scores of
14-44 an individual pupil.
15-1 2. The results of the examinations must be reported for each
15-2 school, including, without limitation, each charter school, school
15-3 district and this state, as follows:
15-4 (a) The percentage of pupils who have demonstrated
15-5 proficiency, as defined by the Department, and took the
15-6 examinations under regular testing conditions; and
15-7 (b) The percentage of pupils who have demonstrated
15-8 proficiency, as defined by the Department, and took the
15-9 examinations with modifications or accommodations , [approved by
15-10 the private entity that created the examination or, if the Department
15-11 created the examination, the Department,] if such reporting does not
15-12 violate the confidentiality of the test scores of any individual pupil.
15-13 3. The Department shall adopt regulations prescribing the
15-14 requirements for reporting the results of pupils who:
15-15 (a) [Took the examinations under conditions that were not
15-16 approved by the private entity that created the examination or, if the
15-17 Department created the examination, by the Department;
15-18 (b)] Are enrolled in special schools for children with disabilities;
15-19 [(c)] (b) Are enrolled in an alternative program for the
15-20 education of pupils at risk of dropping out of high school, including,
15-21 without limitation, a program of distance education that is provided
15-22 to pupils who are at risk of dropping out of high school pursuant to
15-23 NRS 388.820 to 388.874, inclusive; or
15-24 [(d)] (c) Are detained in a:
15-25 (1) Youth training center;
15-26 (2) Youth center;
15-27 (3) Juvenile forestry camp;
15-28 (4) Detention home;
15-29 (5) Youth camp;
15-30 (6) Juvenile correctional institution; or
15-31 (7) Correctional institution.
15-32 [The results reported pursuant to this subsection must not
15-33 be included in the percentage of pupils reported pursuant to
15-34 subsection 2.]
15-35 4. Not later than 10 days after the Department receives the
15-36 results of the examinations, the Department shall transmit a copy of
15-37 the results to the Legislative Bureau of Educational Accountability
15-38 and Program Evaluation in a manner that does not violate the
15-39 confidentiality of the test scores of any individual pupil.
15-40 5. On or before November 15 of each year, each school district
15-41 and each charter school shall report to the Department the following
15-42 information for each examination administered in the public schools
15-43 in the school district or charter school:
15-44 (a) The examination administered;
16-1 (b) The grade level or levels of pupils to whom the examination
16-2 was administered;
16-3 (c) The costs incurred by the school district or charter school in
16-4 administering each examination; and
16-5 (d) The purpose, if any, for which the results of the examination
16-6 are used by the school district or charter school.
16-7 On or before December 15 of each year, the Department shall
16-8 transmit to the Budget Division of the Department of
16-9 Administration and the Fiscal Analysis Division of the Legislative
16-10 Counsel Bureau the information submitted to the Department
16-11 pursuant to this subsection.
16-12 6. The superintendent of schools of each school district and the
16-13 governing body of each charter school shall certify that the number
16-14 of pupils who took the examinations is equal to the number of pupils
16-15 who are enrolled in each school in the school district or in the
16-16 charter school who are required to take the examinations . [, except
16-17 for those pupils who are exempt from taking the examinations. A
16-18 pupil may be exempt from taking the examinations if:
16-19 (a) His primary language is not English and his proficiency in
16-20 the English language is below the level that the State Board
16-21 determines is proficient, as measured by an assessment of
16-22 proficiency in the English language prescribed by the State Board
16-23 pursuant to subsection 8; or
16-24 (b) He is enrolled in a program of special education pursuant to
16-25 NRS 388.440 to 388.520, inclusive, and his program of special
16-26 education specifies that he is exempt from taking the examinations.]
16-27 7. In addition to the information required by subsection 5, the
16-28 Superintendent of Public Instruction shall:
16-29 (a) Report the number of pupils who were not exempt from
16-30 taking the examinations but were absent from school on the day that
16-31 the examinations were administered; and
16-32 (b) Reconcile the number of pupils who were required to take
16-33 the examinations with the number of pupils who were [exempt from
16-34 taking the examinations or] absent from school on the day that the
16-35 examinations were administered.
16-36 [8. The State Board shall prescribe an assessment of
16-37 proficiency in the English language for pupils whose primary
16-38 language is not English to determine which pupils are exempt from
16-39 the examinations pursuant to paragraph (a) of subsection 6.]
16-40 Sec. 11. NRS 396.930 is hereby amended to read as follows:
16-41 396.930 1. Except as otherwise provided in subsections 2 and
16-42 3, a student may apply to the Board of Regents for a millennium
16-43 scholarship if he:
16-44 (a) Has been a resident of this state for at least 2 years before he
16-45 applies for the scholarship;
17-1 (b) Except as otherwise provided in paragraph (c), graduated
17-2 from a public or private high school in this state:
17-3 (1) After May 1, 2000; and
17-4 (2) Not more than 8 years before he applies for the
17-5 scholarship;
17-6 (c) Does not satisfy the requirements of paragraph (b) and:
17-7 (1) Was enrolled as a pupil in a public or private high school
17-8 in this state with a class of pupils who were regularly scheduled to
17-9 graduate after May 1, 2000;
17-10 (2) Received his high school diploma within 5 years after he
17-11 was regularly scheduled to graduate; and
17-12 (3) Applies for the scholarship not more than 8 years after he
17-13 was regularly scheduled to graduate from high school;
17-14 (d) Maintained at least a 3.0 grade-point average on a 4.0
17-15 grading scale in high school in the core curriculum, as determined
17-16 by the Board of Regents pursuant to subsection 2; and
17-17 (e) Is enrolled in at least:
17-18 (1) Six semester credit hours in a community college within
17-19 the System; or
17-20 (2) Twelve semester credit hours in another eligible
17-21 institution.
17-22 2. The Board of Regents shall:
17-23 (a) Define the core curriculum that a student must complete in
17-24 high school to be eligible for a millennium scholarship. Eligibility
17-25 for a millennium scholarship must not be conditioned upon
17-26 passage of the high school proficiency examination that is
17-27 administered pursuant to NRS 389.015.
17-28 (b) Develop a plan to ensure that needy students and students
17-29 from families that otherwise could not afford to send their children
17-30 to college receive millennium scholarships.
17-31 3. Except as otherwise provided in paragraph (c) of
17-32 subsection 1, for students who did not graduate from a public or
17-33 private high school in this state and who have been residents of this
17-34 state for at least 2 years, the Board of Regents shall establish:
17-35 (a) The minimum score on a standardized test that such students
17-36 must receive; or
17-37 (b) Other criteria that students must meet,
17-38 to be eligible for millennium scholarships.
17-39 4. In awarding scholarships, the Board of Regents shall
17-40 enhance its outreach to students who:
17-41 (a) Are pursuing a career in education or health care;
17-42 (b) Come from families who lack sufficient financial resources
17-43 to pay for the costs of sending their children to an eligible
17-44 institution; or
18-1 (c) Substantially participated in an antismoking, antidrug or
18-2 antialcohol program during high school.
18-3 Sec. 12. NRS 218.5351, 218.5352, 218.5353, 218.5354,
18-4 218.5355, 218.5356, 388.780, 388.785, 388.787, 388.790, 388.795,
18-5 388.800, 388.805, 389.520, 389.530 and 389.570 are hereby
18-6 repealed.
18-7 Sec. 13. This act becomes effective on July 1, 2003.
18-8 LEADLINES OF REPEALED SECTIONS
18-9 218.5351 “Committee” defined.
18-10 218.5352 Legislative Committee on Education: Creation;
18-11 membership; Chairman and Vice Chairman; vacancies.
18-12 218.5353 Legislative Committee on Education: Meetings;
18-13 compensation of members.
18-14 218.5354 Legislative Committee on Education: Powers and
18-15 duties.
18-16 218.5355 Legislative Committee on Education:
18-17 Administration of oaths; deposition of witnesses; issuance and
18-18 enforcement of subpoenas.
18-19 218.5356 Legislative Bureau of Educational Accountability
18-20 and Program Evaluation: Creation; personnel; powers and
18-21 duties.
18-22 388.780 Definitions.
18-23 388.785 “Commission” defined.
18-24 388.787 “Committee” defined.
18-25 388.790 Commission on Educational Technology: Creation;
18-26 membership; removal and vacancy; quarterly meetings
18-27 required; compensation.
18-28 388.795 Commission on Educational Technology: Duties;
18-29 administrative support by Department; appointment of
18-30 advisory committee.
18-31 388.800 Trust Fund for Educational Technology: Creation;
18-32 administration; interest and income; use of money in Fund.
18-33 388.805 Trust Fund for Educational Technology: Program
18-34 for school districts to apply for money from Fund.
18-35 389.520 Council to Establish Academic Standards:
18-36 Establishment of standards; periodic review of standards;
18-37 adoption of standards by State Board.
18-38 389.530 Council to Establish Academic Standards: Duty of
18-39 Department to provide support; assistance from other state
18-40 agencies.
19-1 389.570 Council required to review and evaluate results of
19-2 examinations; report of evaluation.
19-3 H