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; requiring the State Board of Education to prescribe endorsements to the standard high school diploma; removing the requirement that a pupil pass the high school proficiency examination as a condition to receipt of a high school diploma; authorizing a pupil to retake those portions of the high school proficiency examination which he failed in order to receive an endorsement on his diploma indicating that he passed the examination; 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.] 5. If a pupil fails to pass the high school proficiency
10-26 examination [administered before the completion of grade 11, he
10-27 must not be graduated until he is able, through remedial study, to
10-28 pass the proficiency examination, but he may be given a certificate
10-29 of attendance, in place of a diploma, if he has reached the age of 17
10-30 years.
10-31 7.] and the pupil desires to receive an endorsement on his
10-32 diploma indicating that he passed the high school proficiency
10-33 examination, the pupil may retake the portion or portions of the
10-34 reading examination or the portion or portions of the mathematics
10-35 examination, or both, which the pupil failed. The State Board
10-36 shall prescribe by regulation the maximum number of times that a
10-37 pupil may retake the examination, or a portion of the examination,
10-38 pursuant to this subsection.
10-39 6. The State Board shall prescribe standard examinations of
10-40 achievement and proficiency to be administered pursuant to
10-41 subsection 1. The high school proficiency examination must be
10-42 developed, printed and scored by a nationally recognized testing
10-43 company in accordance with the process established by the testing
10-44 company. The examinations on reading, mathematics and science
10-45 prescribed for grades 4, 8 and 10 must be selected from
11-1 examinations created by private entities and administered to a
11-2 national reference group, and must allow for a comparison of the
11-3 achievement and proficiency of pupils in grades 4, 8 and 10 in this
11-4 state to that of a national reference group of pupils in grades 4, 8 and
11-5 10. The questions contained in the examinations and the approved
11-6 answers used for grading them are confidential, and disclosure is
11-7 unlawful except:
11-8 (a) To the extent necessary for administering and evaluating the
11-9 examinations.
11-10 (b) That a disclosure may be made to a:
11-11 (1) State officer who is a member of the Executive or
11-12 Legislative Branch to the extent that it is necessary for the
11-13 performance of his duties;
11-14 (2) Superintendent of schools of a school district to the
11-15 extent that it is necessary for the performance of his duties;
11-16 (3) Director of curriculum of a school district to the extent
11-17 that it is necessary for the performance of his duties; and
11-18 (4) Director of testing of a school district to the extent that it
11-19 is necessary for the performance of his duties.
11-20 (c) That specific questions and answers may be disclosed if the
11-21 Superintendent of Public Instruction determines that the content of
11-22 the questions and answers is not being used in a current examination
11-23 and making the content available to the public poses no threat to the
11-24 security of the current examination process.
11-25 [8. The State Board shall prescribe, in accordance with the
11-26 Individuals with Disabilities Education Act, 20 U.S.C. §§ 1400 et
11-27 seq., the modifications and accommodations that may be used in the
11-28 administration of an examination to a pupil with a disability who is
11-29 unable to take the examination under regular testing conditions or
11-30 with modifications and accommodations that are approved by the
11-31 private entity that created the examination or, if the Department
11-32 created the examination, by the Department. These regulations may
11-33 include, without limitation, authorizing a pupil to complete an
11-34 examination with additional time.]
11-35 Sec. 8. NRS 389.017 is hereby amended to read as follows:
11-36 389.017 1. The State Board shall adopt regulations requiring
11-37 that each board of trustees of a school district and each governing
11-38 body of a charter school submit to the Superintendent of Public
11-39 Instruction and the Department, in the form and manner prescribed
11-40 by the Superintendent, the results of achievement and proficiency
11-41 examinations given in the 4th, 8th, 10th and 11th grades to public
11-42 school pupils of the district and charter schools. The State Board
11-43 shall not include in the regulations any provision which would
11-44 violate the confidentiality of the test scores of any individual pupil.
12-1 2. The results of examinations must be reported for each
12-2 school, including, without limitation, each charter school, school
12-3 district and this state, as follows:
12-4 (a) The average score, as defined by the Department, of pupils
12-5 who took the examinations under regular testing conditions; and
12-6 (b) The average score, as defined by the Department, of pupils
12-7 who took the examinations with modifications or accommodations ,
12-8 [approved by the private entity that created the examination or, if
12-9 the Department created the examination, the Department,] if such
12-10 reporting does not violate the confidentiality of the test scores of any
12-11 individual pupil.
12-12 3. The Department shall adopt regulations prescribing the
12-13 requirements for reporting the scores of pupils who:
12-14 (a) [Took the examinations under conditions that were not
12-15 approved by the private entity that created the examination or, if the
12-16 Department created the examination, by the Department;
12-17 (b)] Are enrolled in special schools for children with disabilities;
12-18 [(c)] (b) Are enrolled in an alternative program for the
12-19 education of pupils at risk of dropping out of high school, including,
12-20 without limitation, a program of distance education that is provided
12-21 to pupils who are at risk of dropping out of high school pursuant to
12-22 NRS 388.820 to 388.874, inclusive; or
12-23 [(d)] (c) Are detained in a:
12-24 (1) Youth training center;
12-25 (2) Youth center;
12-26 (3) Juvenile forestry camp;
12-27 (4) Detention home;
12-28 (5) Youth camp;
12-29 (6) Juvenile correctional institution; or
12-30 (7) Correctional institution.
12-31 [The scores reported pursuant to this subsection must not be
12-32 included in the average scores reported pursuant to subsection 2.]
12-33 4. Not later than 10 days after the Department receives the
12-34 results of the achievement and proficiency examinations, the
12-35 Department shall transmit a copy of the results of the examinations
12-36 administered pursuant to NRS 389.015 to the Legislative Bureau of
12-37 Educational Accountability and Program Evaluation in a manner
12-38 that does not violate the confidentiality of the test scores of any
12-39 individual pupil.
12-40 5. On or before November 15 of each year, each school district
12-41 and each charter school shall report to the Department the following
12-42 information for each examination administered in the public schools
12-43 in the school district or charter school:
12-44 (a) The examination administered;
13-1 (b) The grade level or levels of pupils to whom the examination
13-2 was administered;
13-3 (c) The costs incurred by the school district or charter school in
13-4 administering each examination; and
13-5 (d) The purpose, if any, for which the results of the examination
13-6 are used by the school district or charter school.
13-7 On or before December 15 of each year, the Department shall
13-8 transmit to the Budget Division of the Department of
13-9 Administration and the Fiscal Analysis Division of the Legislative
13-10 Counsel Bureau the information submitted to the Department
13-11 pursuant to this subsection.
13-12 6. The superintendent of schools of each school district and the
13-13 governing body of each charter school shall certify that the number
13-14 of pupils who took the examinations required pursuant to NRS
13-15 389.015 is equal to the number of pupils who are enrolled in each
13-16 school in the school district or in the charter school who are required
13-17 to take the examinations . [except for those pupils who are exempt
13-18 from taking the examinations. A pupil may be exempt from taking
13-19 the examinations if:
13-20 (a) His primary language is not English and his proficiency in
13-21 the English language is below the level that the State Board
13-22 determines is proficient, as measured by an assessment of
13-23 proficiency in the English language prescribed by the State Board
13-24 pursuant to subsection 8; or
13-25 (b) He is enrolled in a program of special education pursuant to
13-26 NRS 388.440 to 388.520, inclusive, and his program of special
13-27 education specifies that he is exempt from taking the examinations.]
13-28 7. In addition to the information required by subsection 5, the
13-29 Superintendent of Public Instruction shall:
13-30 (a) Report the number of pupils who were [not exempt from
13-31 taking the examinations but were] absent from school on the day
13-32 that the examinations were administered; and
13-33 (b) Reconcile the number of pupils who were required to take
13-34 the examinations with the number of pupils who were [exempt from
13-35 taking the examinations or] absent from school on the day that the
13-36 examinations were administered.
13-37 [8. The State Board shall prescribe an assessment of
13-38 proficiency in the English language for pupils whose primary
13-39 language is not English to determine which pupils are exempt from
13-40 the examinations pursuant to paragraph (a) of subsection 6.]
13-41 Sec. 9. NRS 389.0173 is hereby amended to read as follows:
13-42 389.0173 1. The Department shall develop an informational
13-43 pamphlet concerning the high school proficiency examination for
13-44 pupils who are enrolled in junior high, middle school and high
14-1 school, and their parents and legal guardians. The pamphlet must
14-2 include a written explanation of the:
14-3 (a) Importance of passing the examination, including, without
14-4 limitation, an explanation that if the pupil fails the examination he is
14-5 not eligible to receive [a standard high school diploma;] an
14-6 endorsement on his diploma indicating that he passed the high
14-7 school proficiency examination;
14-8 (b) Subject areas tested on the examination;
14-9 (c) Format for the examination, including, without limitation,
14-10 the range of items that are contained on the examination;
14-11 (d) Manner by which the scaled score, as reported to pupils and
14-12 their parents or legal guardians, is derived from the raw score;
14-13 (e) Timeline by which the results of the examination must be
14-14 reported to pupils and their parents or legal guardians; and
14-15 (f) Maximum number of times that a pupil is allowed to take the
14-16 examination , or a portion of the examination, if he fails to pass the
14-17 examination , or a portion of the examination, after the first
14-18 administration [;] to receive an endorsement on his diploma
14-19 indicating that he passed the examination; and
14-20 (g) Courses of study that the Department recommends that
14-21 pupils take to prepare the pupils to successfully meet the academic
14-22 challenges of the examination and pass the examination.
14-23 2. The Department shall review the pamphlet on an annual
14-24 basis and make such revisions to the pamphlet as it considers
14-25 necessary to ensure that pupils and their parents or legal guardians
14-26 fully understand the examination.
14-27 3. On or before September 1, the Department shall provide a
14-28 copy of the pamphlet or revised pamphlet to the board of trustees of
14-29 each school district and the governing body of each charter school
14-30 that includes pupils enrolled in a junior high, middle school or high
14-31 school grade level.
14-32 4. The board of trustees of each school district shall provide a
14-33 copy of the pamphlet to each junior high, middle school or high
14-34 school within the school district for posting. The governing body of
14-35 each charter school shall ensure that a copy of the pamphlet is
14-36 posted at the charter school. Each principal of a junior high, middle
14-37 school, high school or charter school shall ensure that the teachers,
14-38 counselors and administrators employed at the school fully
14-39 understand the contents of the pamphlet.
14-40 5. On or before January 15, the:
14-41 (a) Board of trustees of each school district shall provide a copy
14-42 of the pamphlet to each pupil who is enrolled in a junior high,
14-43 middle school or high school of the school district and to the parents
14-44 or legal guardians of such a pupil.
15-1 (b) Governing body of each charter school shall provide a copy
15-2 of the pamphlet to each pupil who is enrolled in the charter school at
15-3 a junior high, middle school or high school grade level and to the
15-4 parents or legal guardians of such a pupil.
15-5 Sec. 10. NRS 389.560 is hereby amended to read as follows:
15-6 389.560 1. The State Board shall adopt regulations that
15-7 require the board of trustees of each school district and
15-8 the governing body of each charter school to submit to the
15-9 Superintendent of Public Instruction, the Department and the
15-10 Council, in the form and manner prescribed by the Superintendent,
15-11 the results of the examinations administered pursuant to NRS
15-12 389.550. The State Board shall not include in the regulations any
15-13 provision that would violate the confidentiality of the test scores of
15-14 an individual pupil.
15-15 2. The results of the examinations must be reported for each
15-16 school, including, without limitation, each charter school, school
15-17 district and this state, as follows:
15-18 (a) The percentage of pupils who have demonstrated
15-19 proficiency, as defined by the Department, and took the
15-20 examinations under regular testing conditions; and
15-21 (b) The percentage of pupils who have demonstrated
15-22 proficiency, as defined by the Department, and took the
15-23 examinations with modifications or accommodations , [approved by
15-24 the private entity that created the examination or, if the Department
15-25 created the examination, the Department,] if such reporting does not
15-26 violate the confidentiality of the test scores of any individual pupil.
15-27 3. The Department shall adopt regulations prescribing the
15-28 requirements for reporting the results of pupils who:
15-29 (a) [Took the examinations under conditions that were not
15-30 approved by the private entity that created the examination or, if the
15-31 Department created the examination, by the Department;
15-32 (b)] Are enrolled in special schools for children with disabilities;
15-33 [(c)] (b) Are enrolled in an alternative program for the
15-34 education of pupils at risk of dropping out of high school, including,
15-35 without limitation, a program of distance education that is provided
15-36 to pupils who are at risk of dropping out of high school pursuant to
15-37 NRS 388.820 to 388.874, inclusive; or
15-38 [(d)] (c) Are detained in a:
15-39 (1) Youth training center;
15-40 (2) Youth center;
15-41 (3) Juvenile forestry camp;
15-42 (4) Detention home;
15-43 (5) Youth camp;
15-44 (6) Juvenile correctional institution; or
15-45 (7) Correctional institution.
16-1 [The results reported pursuant to this subsection must not
16-2 be included in the percentage of pupils reported pursuant to
16-3 subsection 2.]
16-4 4. Not later than 10 days after the Department receives the
16-5 results of the examinations, the Department shall transmit a copy of
16-6 the results to the Legislative Bureau of Educational Accountability
16-7 and Program Evaluation in a manner that does not violate the
16-8 confidentiality of the test scores of any individual pupil.
16-9 5. On or before November 15 of each year, each school district
16-10 and each charter school shall report to the Department the following
16-11 information for each examination administered in the public schools
16-12 in the school district or charter school:
16-13 (a) The examination administered;
16-14 (b) The grade level or levels of pupils to whom the examination
16-15 was administered;
16-16 (c) The costs incurred by the school district or charter school in
16-17 administering each examination; and
16-18 (d) The purpose, if any, for which the results of the examination
16-19 are used by the school district or charter school.
16-20 On or before December 15 of each year, the Department shall
16-21 transmit to the Budget Division of the Department of
16-22 Administration and the Fiscal Analysis Division of the Legislative
16-23 Counsel Bureau the information submitted to the Department
16-24 pursuant to this subsection.
16-25 6. The superintendent of schools of each school district and the
16-26 governing body of each charter school shall certify that the number
16-27 of pupils who took the examinations is equal to the number of pupils
16-28 who are enrolled in each school in the school district or in the
16-29 charter school who are required to take the examinations . [, except
16-30 for those pupils who are exempt from taking the examinations. A
16-31 pupil may be exempt from taking the examinations if:
16-32 (a) His primary language is not English and his proficiency in
16-33 the English language is below the level that the State Board
16-34 determines is proficient, as measured by an assessment of
16-35 proficiency in the English language prescribed by the State Board
16-36 pursuant to subsection 8; or
16-37 (b) He is enrolled in a program of special education pursuant to
16-38 NRS 388.440 to 388.520, inclusive, and his program of special
16-39 education specifies that he is exempt from taking the examinations.]
16-40 7. In addition to the information required by subsection 5, the
16-41 Superintendent of Public Instruction shall:
16-42 (a) Report the number of pupils who were not exempt from
16-43 taking the examinations but were absent from school on the day that
16-44 the examinations were administered; and
17-1 (b) Reconcile the number of pupils who were required to take
17-2 the examinations with the number of pupils who were [exempt from
17-3 taking the examinations or] absent from school on the day that the
17-4 examinations were administered.
17-5 [8. The State Board shall prescribe an assessment of
17-6 proficiency in the English language for pupils whose primary
17-7 language is not English to determine which pupils are exempt from
17-8 the examinations pursuant to paragraph (a) of subsection 6.]
17-9 Sec. 11. This act becomes effective on July 1, 2003.
17-10 H