Senate Bill No. 191–Committee on Finance
(On
Behalf of the Legislative Committee on
Education (NRS 218.5352))
February 21, 2003
____________
Referred to Committee on Finance
SUMMARY—Makes various changes governing education to facilitate implementation of federal No Child Left Behind Act of 2001. (BDR 34‑635)
FISCAL NOTE: Effect on Local Government: Yes.
Effect on the State: Contains Appropriation not included in Executive Budget.
~
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 define the measurement for determining whether this state, each school district and each public school has made adequate yearly progress in accordance with the federal No Child Left Behind Act of 2001; requiring the State Board to prepare an annual report of accountability; requiring the State Board, each school district and each public school to develop a plan to improve the achievement of pupils; revising provisions governing the designations of public schools; requiring the Department of Education to designate school districts based upon the achievement of pupils enrolled in the school district; prescribing the consequences for public schools and school districts that are designated as demonstrating need for improvement; revising provisions governing accountability and reporting; revising provisions governing the examinations that are administered to pupils in public schools; establishing a license to teach middle school or junior high school education; revising provisions governing the qualifications of certain teachers who provide instruction
in a junior high school or middle school; requiring certification of certain paraprofessionals employed by school districts and charter schools; requiring the Central Repository for Nevada Records of Criminal History to investigate the criminal history of an applicant for certification as a paraprofessional; revising provisions governing the regional training programs for the professional development of teachers and administrators and the Statewide Council for the Coordination of the Regional Training Programs; making appropriations; revising various other provisions governing education to comply with the federal No Child Left Behind Act of 2001; providing a penalty; and providing other matters properly relating thereto.
Whereas, In 1997, the Nevada Legislature adopted the Nevada Education Reform Act which set forth a sound structure of accountability for the public schools in the State of Nevada; and
Whereas, Since the enactment of the Nevada Education Reform Act of 1997, this state has implemented sweeping reforms to its system of public education, including, without limitation, the adoption of rigorous academic standards of content and performance that demand a high level of quality and performance by pupils and the provision of professional development for teachers and administrators to help pupils meet the challenging new standards; and
Whereas, On January 8, 2002, the President of the United States signed into law the No Child Left Behind Act of 2001, which contained sweeping changes to the Elementary and Secondary Education Act of 1965; and
Whereas, The No Child Left Behind Act requires each state to have a single, statewide system of accountability applicable to all pupils, challenging academic content standards and periodic examinations on those challenging academic standards so that all children, including, without limitation, children with disabilities, children who are limited English proficient, children who are economically disadvantaged and children from major racial and ethnic groups will meet or exceed, not later than 2014, the minimum level of proficiency on the examinations; and
Whereas, Although certain provisions of the No Child Left Behind Act pertain only to those school districts and public schools, including, without limitation, charter schools, receiving money pursuant to that federal law, the Nevada Legislature acknowledges that by applying some of those provisions statewide to all school districts and all public schools, including, without limitation, charter
schools, Nevada’s system of accountability will be further strengthened; and
Whereas, While the Nevada Education Reform Act of 1997 made a significant contribution toward accomplishing the system of accountability required by the No Child Left Behind Act of 2001, the Nevada Legislature recognizes that there is a need for further reform to ensure that the State of Nevada fully complies with the No Child Left Behind Act; and
Whereas, The Nevada Education Reform Act of 1997 provides a sound cornerstone from which to launch a new era of accountability in this state; now, therefore,
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
1-1 Section 1. Chapter 385 of NRS is hereby amended by adding
1-2 thereto the provisions set forth as sections 2 to 37, inclusive, of this
1-3 act.
1-4 Sec. 2. “Title I school” means a public school that receives
1-5 money pursuant to the No Child Left Behind Act of 2001, 20
1-6 U.S.C. §§ 6301 et seq., and is obligated to comply with the
1-7 provisions of that federal law.
1-8 Sec. 3. “Title I school district” means a school district that
1-9 receives money pursuant to the No Child Left Behind Act of 2001,
1-10 20 U.S.C. §§ 6301 et seq., and is obligated to comply with the
1-11 provisions of that federal law.
1-12 Sec. 4. 1. The State Board shall define the measurement
1-13 for determining whether each public school, each school district
1-14 and this state are making adequate yearly progress. The definition
1-15 of adequate yearly progress must:
1-16 (a) Comply with 20 U.S.C. § 6311(b)(2) and the regulations
1-17 adopted pursuant thereto;
1-18 (b) Be designed to ensure that all pupils, including, without
1-19 limitation, the pupils in each subgroup identified in paragraph (d),
1-20 will meet or exceed the minimum level of proficiency set by the
1-21 State Board;
1-22 (c) Except as otherwise provided in subsections 2 and 3, be
1-23 based primarily upon the measurement of the progress of pupils
1-24 on the examinations administered pursuant to NRS 389.015 and
1-25 389.550;
1-26 (d) Include annual measurable objectives established pursuant
1-27 to 20 U.S.C. § 6311(b)(2)(G) and the regulations adopted pursuant
1-28 thereto, including, without limitation, separate annual measurable
1-29 objectives for each of the following subgroups of pupils:
2-1 (1) Pupils who are economically disadvantaged, as defined
2-2 by the State Board;
2-3 (2) Pupils from major racial and ethnic groups, as defined
2-4 by the State Board;
2-5 (3) Pupils with disabilities; and
2-6 (4) Pupils who are limited English proficient;
2-7 (e) For high schools, include the rate of graduation; and
2-8 (f) For elementary schools, junior high schools and middle
2-9 schools, include the rate of attendance.
2-10 2. The examination in writing administered to pupils in grade
2-11 4 must not be included in the definition of adequate yearly
2-12 progress.
2-13 3. The examination in science must not be included in the
2-14 definition of adequate yearly progress.
2-15 Sec. 5. 1. The State Board shall adopt regulations that
2-16 prescribe, consistent with 20 U.S.C. §§ 6301 et seq. and the
2-17 regulations adopted pursuant thereto, the manner in which pupils
2-18 enrolled in:
2-19 (a) A program of distance education pursuant to NRS 388.820
2-20 to 388.874, inclusive;
2-21 (b) An alternative program for the education of pupils at risk
2-22 of dropping out of high school; or
2-23 (c) A program of education that:
2-24 (1) Primarily serves pupils with disabilities; or
2-25 (2) Is operated within a:
2-26 (I) Youth training center;
2-27 (II) Youth center;
2-28 (III) Juvenile forestry camp;
2-29 (IV) Detention home;
2-30 (V) Youth camp;
2-31 (VI) Juvenile correctional institution; or
2-32 (VII) Correctional institution,
2-33 will be included within the statewide system of accountability set
2-34 forth in sections 2 to 37, inclusive, of this act.
2-35 2. The regulations adopted pursuant to subsection 1 must
2-36 also set forth the manner in which:
2-37 (a) The progress of pupils enrolled in a program of distance
2-38 education, an alternative program or a program of education
2-39 described in subsection 1 will be accounted for within the
2-40 statewide system of accountability; and
2-41 (b) The results of pupils enrolled in a program of distance
2-42 education, an alternative program or a program of education
2-43 described in subsection 1 on the examinations administered
2-44 pursuant to NRS 389.015 and 389.550 will be reported.
3-1 Sec. 6. 1. The State Board shall prepare an annual report
3-2 of accountability that includes, without limitation:
3-3 (a) Information on the achievement of all pupils based upon
3-4 the results of the examinations administered pursuant to NRS
3-5 389.015 and 389.550, reported for each school district, including,
3-6 without limitation, each charter school in the district, and for this
3-7 state as a whole.
3-8 (b) Except as otherwise provided in subsection 2, pupil
3-9 achievement, reported separately by gender and reported
3-10 separately for the following subgroups of pupils:
3-11 (1) Pupils who are economically disadvantaged, as defined
3-12 by the State Board;
3-13 (2) Pupils from major racial and ethnic groups, as defined
3-14 by the State Board;
3-15 (3) Pupils with disabilities;
3-16 (4) Pupils who are limited English proficient; and
3-17 (5) Pupils who are migratory children, as defined by the
3-18 State Board.
3-19 (c) A comparison of the achievement of pupils in each
3-20 subgroup identified in paragraph (d) of subsection 1 of section 4
3-21 of this act with the annual measurable objectives of the State
3-22 Board for that subgroup established pursuant to that section.
3-23 (d) The percentage of all pupils who were not tested, reported
3-24 for each school district, including, without limitation, each charter
3-25 school in the district, and for this state as a whole.
3-26 (e) Except as otherwise provided in subsection 2, the
3-27 percentage of pupils who were not tested, reported separately by
3-28 gender and reported separately for the subgroups identified in
3-29 paragraph (b).
3-30 (f) The most recent 3-year trend in the achievement of pupils
3-31 in each subject area tested and each grade level tested pursuant to
3-32 NRS 389.015 and 389.550, reported for each school district,
3-33 including, without limitation, each charter school in the district,
3-34 and for this state as a whole, which may include information
3-35 regarding the trend in the achievement of pupils for more than 3
3-36 years, if such information is available.
3-37 (g) Information on whether each school district has made
3-38 adequate yearly progress, including, without limitation, the name
3-39 of each school district, if any, designated as demonstrating need
3-40 for improvement pursuant to section 32 of this act and the number
3-41 of consecutive years that the school district has carried that
3-42 designation.
3-43 (h) Information on whether each public school, including,
3-44 without limitation, each charter school, has made adequate yearly
3-45 progress, including, without limitation, the name of each public
4-1 school, if any, designated as demonstrating need for improvement
4-2 pursuant to section 14 of this act and the number of consecutive
4-3 years that the school has carried that designation.
4-4 (i) Information on the results of pupils who participated in the
4-5 examinations of the National Assessment of Educational Progress
4-6 required pursuant to NRS 389.012.
4-7 (j) The ratio of pupils to teachers in kindergarten and at each
4-8 grade level for all elementary schools, reported for each school
4-9 district, including, without limitation, each charter school in the
4-10 district, and for this state as a whole, and the average class size for
4-11 each core academic subject, as set forth in NRS 389.018, for each
4-12 secondary school, reported for each school district and for this
4-13 state as a whole.
4-14 (k) Information on the professional qualifications of teachers
4-15 employed by school districts and charter schools, including,
4-16 without limitation:
4-17 (1) The percentage of teachers who are:
4-18 (I) Providing instruction pursuant to NRS 391.125;
4-19 (II) Providing instruction pursuant to a waiver of the
4-20 requirements for licensure for the grade level or subject area in
4-21 which the teachers are employed; or
4-22 (III) Otherwise providing instruction without an
4-23 endorsement for the subject area in which the teachers are
4-24 employed;
4-25 (2) The percentage of classes in the core academic subjects,
4-26 as set forth in NRS 389.018, in this state that are not taught by
4-27 highly qualified teachers; and
4-28 (3) The percentage of classes in the core academic subjects,
4-29 as set forth in NRS 389.018, in this state that are not taught by
4-30 highly qualified teachers in schools that are:
4-31 (I) In the top quartile of poverty in this state; and
4-32 (II) In the bottom quartile of poverty in this state.
4-33 (l) The total expenditure per pupil for each school district in
4-34 this state, including, without limitation, each charter school in the
4-35 district.
4-36 (m) The total statewide expenditure per pupil.
4-37 (n) For all elementary schools, junior high schools and middle
4-38 schools, the rate of attendance, reported for each school district,
4-39 including, without limitation, each charter school in the district,
4-40 and for this state as a whole.
4-41 (o) The annual rate of pupils who drop out of school in grades
4-42 9 to 12, inclusive, reported for each school district, including,
4-43 without limitation, each charter school in the district, and for this
4-44 state as a whole, excluding pupils who:
5-1 (1) Provide proof to the school district of successful
5-2 completion of the examinations of general educational
5-3 development.
5-4 (2) Are enrolled in courses that are approved by the
5-5 Department as meeting the requirements for an adult standard
5-6 diploma.
5-7 (3) Withdraw from school to attend another school.
5-8 (p) The attendance of teachers who provide instruction,
5-9 reported for each school district, including, without limitation,
5-10 each charter school in the district, and for this state as a whole.
5-11 (q) Incidents involving weapons or violence, reported for each
5-12 school district, including, without limitation, each charter school
5-13 in the district, and for this state as a whole.
5-14 (r) Incidents involving the use or possession of alcoholic
5-15 beverages or controlled substances, reported for each school
5-16 district, including, without limitation, each charter school in the
5-17 district, and for this state as a whole.
5-18 (s) The suspension and expulsion of pupils required or
5-19 authorized pursuant to NRS 392.466 and 392.467, reported for
5-20 each school district, including, without limitation, each charter
5-21 school in the district, and for this state as a whole.
5-22 (t) The number of pupils who are deemed habitual disciplinary
5-23 problems pursuant to NRS 392.4655, reported for each school
5-24 district, including, without limitation, each charter school in the
5-25 district, and for this state as a whole.
5-26 (u) The number of pupils in each grade who are retained in
5-27 the same grade pursuant to NRS 392.033 or 392.125, reported for
5-28 each school district, including, without limitation, each charter
5-29 school in the district, and for this state as a whole.
5-30 (v) The transiency rate of pupils, reported for each school
5-31 district, including, without limitation, each charter school in the
5-32 district, and for this state as a whole. For the purposes of this
5-33 paragraph, a pupil is not a transient if he is transferred to a
5-34 different school within the school district as a result of a change in
5-35 the zone of attendance by the board of trustees of the school
5-36 district pursuant to NRS 388.040.
5-37 (w) Each source of funding for this state to be used for the
5-38 system of public education.
5-39 (x) The amount and sources of money received by this state for
5-40 remedial education.
5-41 (y) The percentage of pupils who graduated from a high
5-42 school or charter school in the immediately preceding year and
5-43 enrolled in remedial courses in reading, writing or mathematics at
5-44 a university or community college within the University and
5-45 Community College System of Nevada, reported for each school
6-1 district, including, without limitation, each charter school in the
6-2 district, and for this state as a whole.
6-3 (z) The technological facilities and equipment available for
6-4 educational purposes, reported for each school district, including,
6-5 without limitation, each charter school in the district, and for this
6-6 state as a whole.
6-7 (aa) For each school district, including, without limitation,
6-8 each charter school in the district, and for this state as a whole,
6-9 the number and percentage of pupils who received:
6-10 (1) A standard high school diploma.
6-11 (2) An adjusted diploma.
6-12 (3) A certificate of attendance.
6-13 (bb) The number and percentage of pupils who did not receive
6-14 a high school diploma because the pupils failed to pass the high
6-15 school proficiency examination, reported for each school district,
6-16 including, without limitation, each charter school in the district,
6-17 and for this state as a whole.
6-18 (cc) The number of habitual truants who are reported to a
6-19 school police officer or local law enforcement agency pursuant to
6-20 paragraph (a) of subsection 2 of NRS 392.144 and the number of
6-21 habitual truants who are referred to an advisory board to review
6-22 school attendance pursuant to paragraph (b) of subsection 2 of
6-23 NRS 392.144, reported for each school district, including, without
6-24 limitation, each charter school in the district, and for this state as
6-25 a whole.
6-26 (dd) Information on the paraprofessionals employed at public
6-27 schools in this state, including, without limitation, the charter
6-28 schools in this state. The information must include:
6-29 (1) The number of paraprofessionals employed, reported
6-30 for each school district, including, without limitation, each charter
6-31 school in the district, and for this state as a whole; and
6-32 (2) Whether each paraprofessional employed holds a
6-33 certificate issued pursuant to section 88 of this act, reported for
6-34 each school district, including, without limitation, each charter
6-35 school in the district, and for this state as a whole.
6-36 (ee) An identification of appropriations made by the
6-37 Legislature to improve the academic achievement of pupils and
6-38 programs approved by the Legislature to improve the academic
6-39 achievement of pupils.
6-40 2. A separate reporting for a subgroup of pupils must not be
6-41 made pursuant to this section if the number of pupils in that
6-42 subgroup is insufficient to yield statistically reliable information
6-43 or the results would reveal personally identifiable information
6-44 about an individual pupil. The State Board shall prescribe a
6-45 mechanism for determining the minimum number of pupils that
7-1 must be in a subgroup for that subgroup to yield statistically
7-2 reliable information.
7-3 3. The annual report of accountability must:
7-4 (a) Comply with 20 U.S.C. § 6311(h)(1) and the regulations
7-5 adopted pursuant thereto;
7-6 (b) Be prepared in a concise manner; and
7-7 (c) Be presented in an understandable and uniform format
7-8 and, to the extent practicable, provided in a language that parents
7-9 can understand.
7-10 4. On or before August 1 of each year, the State Board shall
7-11 provide for public dissemination of the annual report of
7-12 accountability and submit a copy of the report to the:
7-13 (a) Governor;
7-14 (b) Committee;
7-15 (c) Bureau;
7-16 (d) Board of Regents of the University of Nevada;
7-17 (e) Board of trustees of each school district; and
7-18 (f) Governing body of each charter school.
7-19 5. As used in this section, “highly qualified” has the meaning
7-20 ascribed to it in 20 U.S.C. § 7801(23).
7-21 Sec. 7. 1. The State Board shall prepare a plan to improve
7-22 the achievement of pupils enrolled in the public schools in this
7-23 state. The plan:
7-24 (a) Must be prepared in consultation with employees of the
7-25 Department and at least one representative of the Statewide
7-26 Council for the Coordination of the Regional Training Programs
7-27 created by NRS 391.516; and
7-28 (b) May be prepared in consultation with:
7-29 (1) Representatives of institutions of higher education;
7-30 (2) Representatives of regional educational laboratories;
7-31 (3) Representatives of outside consultant groups;
7-32 (4) Representatives of the regional training programs for
7-33 the professional development of teachers and administrators
7-34 established pursuant to NRS 391.512;
7-35 (5) The Bureau; and
7-36 (6) Other persons who the State Board determines are
7-37 appropriate.
7-38 2. A plan to improve the achievement of pupils enrolled in
7-39 public schools in this state must include:
7-40 (a) A review and analysis of the data upon which the report
7-41 required pursuant to section 6 of this act is based and a review and
7-42 analysis of any data that is more recent than the data upon which
7-43 the report is based.
8-1 (b) The identification of any problems or factors common
8-2 among the school districts or charter schools in this state, as
8-3 revealed by the review and analysis.
8-4 (c) Strategies based upon scientifically based research, as
8-5 defined in 20 U.S.C. § 7801(37), that will strengthen the core
8-6 academic subjects, as set forth in NRS 389.018.
8-7 (d) Strategies to improve the academic achievement of pupils
8-8 enrolled in public schools in this state, including, without
8-9 limitation, strategies to:
8-10 (1) Instruct pupils who are not achieving to their fullest
8-11 potential;
8-12 (2) Increase the rate of attendance of pupils and reduce the
8-13 number of pupils who drop out of school;
8-14 (3) Integrate technology into the instructional and
8-15 administrative programs of the school districts;
8-16 (4) Manage effectively the discipline of pupils; and
8-17 (5) Enhance the professional development offered for the
8-18 teachers and administrators employed at public schools in this
8-19 state to include the activities set forth in 20 U.S.C. § 7801(34), as
8-20 deemed appropriate by the State Board.
8-21 (e) Strategies designed to provide to the pupils enrolled in
8-22 middle school, junior high school and high school, the teachers
8-23 and counselors who provide instruction to those pupils, and the
8-24 parents and guardians of those pupils information concerning:
8-25 (1) The requirements for admission to an institution of
8-26 higher education and the opportunities for financial aid;
8-27 (2) The availability of millennium scholarships pursuant to
8-28 NRS 396.911 to 396.938, inclusive; and
8-29 (3) The need for a pupil to make informed decisions about
8-30 his curriculum in middle school, junior high school and high
8-31 school in preparation for success after graduation.
8-32 (f) An identification, by category, of the employees of the
8-33 Department who are responsible for ensuring that each provision
8-34 of the plan is carried out effectively.
8-35 (g) For each provision of the plan, a timeline for carrying out
8-36 that provision, including, without limitation, a timeline for
8-37 monitoring whether the provision is carried out effectively.
8-38 (h) For each provision of the plan, measurable criteria for
8-39 determining whether the provision has contributed toward
8-40 improving the academic achievement of pupils, increasing the rate
8-41 of attendance of pupils and reducing the number of pupils who
8-42 drop out of school.
8-43 (i) Strategies to improve the allocation of resources from this
8-44 state, by program and by school district, in a manner that will
8-45 improve the academic achievement of pupils. If this state has a
9-1 financial analysis program that is designed to track educational
9-2 expenditures and revenues to individual schools, the State Board
9-3 shall use that statewide program in complying with this
9-4 paragraph. If a statewide program is not available, the State Board
9-5 shall use the Department’s own financial analysis program in
9-6 complying with this paragraph.
9-7 (j) Based upon the reallocation of resources set forth in
9-8 paragraph (i), the resources available to the State Board and the
9-9 Department to carry out the plan.
9-10 (k) A summary of the effectiveness of appropriations made by
9-11 the Legislature to improve the academic achievement of pupils
9-12 and programs approved by the Legislature to improve the
9-13 academic achievement of pupils.
9-14 3. The State Board shall:
9-15 (a) Review the plan prepared pursuant to this section annually
9-16 to evaluate the effectiveness of the plan; and
9-17 (b) Based upon the evaluation of the plan, make revisions, as
9-18 necessary, to ensure that the plan is designed to improve the
9-19 academic achievement of pupils enrolled in public schools in this
9-20 state.
9-21 4. On or before August 15 of each year, the State Board shall
9-22 submit the plan or the revised plan, as applicable, to the:
9-23 (a) Governor;
9-24 (b) Committee;
9-25 (c) Bureau;
9-26 (d) Board of Regents of the University of Nevada;
9-27 (e) Council to Establish Academic Standards for Public
9-28 Schools created by NRS 389.510;
9-29 (f) Board of trustees of each school district; and
9-30 (g) Governing body of each charter school.
9-31 Sec. 8. 1. The board of trustees of each school district shall
9-32 prepare a plan to improve the achievement of pupils enrolled in
9-33 the school district, excluding pupils who are enrolled in charter
9-34 schools located in the school district. The plan:
9-35 (a) Must be prepared in consultation with:
9-36 (1) Employees of the school district; and
9-37 (2) Parents and guardians of pupils enrolled in the school
9-38 district; and
9-39 (b) May be prepared in consultation with:
9-40 (1) Representatives of institutions of higher education;
9-41 (2) Representatives of regional educational laboratories;
9-42 (3) Representatives of outside consultant groups;
9-43 (4) Representatives of the regional training program for the
9-44 professional development of teachers and administrators
10-1 established pursuant to NRS 391.512 that provides services to the
10-2 school district;
10-3 (5) The Bureau; and
10-4 (6) Other persons who the board of trustees of the school
10-5 district determines are appropriate.
10-6 2. Except as otherwise provided in this subsection, the plan
10-7 must include the items set forth in 20 U.S.C. § 6316(c)(7) and the
10-8 regulations adopted pursuant thereto. If a school district has not
10-9 been designated as demonstrating need for improvement pursuant
10-10 to section 32 of this act, the board of trustees of the school district
10-11 is not required to include those items set forth in 20 U.S.C. §
10-12 6316(c)(7) and the regulations adopted pursuant thereto that
10-13 directly relate to the status of a school district as needing
10-14 improvement.
10-15 3. In addition to the requirements of subsection 2, a plan to
10-16 improve the achievement of pupils enrolled in a school district
10-17 must include:
10-18 (a) A review and analysis of the data upon which the report
10-19 required pursuant to subsection 2 of NRS 385.347 is based and a
10-20 review and analysis of any data that is more recent than the data
10-21 upon which the report is based.
10-22 (b) The identification of any problems or factors at individual
10-23 schools that are revealed by the review and analysis.
10-24 (c) Strategies based upon scientifically based research, as
10-25 defined in 20 U.S.C. § 7801(37), that will strengthen the core
10-26 academic subjects, as set forth in NRS 389.018.
10-27 (d) Strategies to improve the academic achievement of pupils
10-28 enrolled in the school district including, without limitation,
10-29 strategies to:
10-30 (1) Instruct pupils who are not achieving to their fullest
10-31 potential;
10-32 (2) Increase the rate of attendance of pupils and reduce the
10-33 number of pupils who drop out of school;
10-34 (3) Integrate technology into the instructional and
10-35 administrative programs of the school district;
10-36 (4) Manage effectively the discipline of pupils; and
10-37 (5) Enhance the professional development offered for the
10-38 teachers and administrators employed by the school district to
10-39 include the activities set forth in 20 U.S.C. § 7801(34), as deemed
10-40 appropriate by the board of trustees of the school district.
10-41 (e) Strategies designed to provide to the pupils enrolled in
10-42 middle school, junior high school and high school, the teachers
10-43 and counselors who provide instruction to those pupils, and the
10-44 parents and guardians of those pupils information concerning:
11-1 (1) The requirements for admission to an institution of
11-2 higher education and the opportunities for financial aid;
11-3 (2) The availability of millennium scholarships pursuant to
11-4 NRS 396.911 to 396.938, inclusive; and
11-5 (3) The need for a pupil to make informed decisions about
11-6 his curriculum in middle school, junior high school and high
11-7 school in preparation for success after graduation.
11-8 (f) An identification, by category, of the employees of the
11-9 school district who are responsible for ensuring that each
11-10 provision of the plan is carried out effectively.
11-11 (g) In consultation with the Department, an identification, by
11-12 category, of the employees of the Department, if any, who are
11-13 responsible for overseeing and monitoring whether the plan is
11-14 carried out effectively.
11-15 (h) For each provision of the plan, a timeline for carrying out
11-16 that provision, including, without limitation, a timeline for
11-17 monitoring whether the provision is carried out effectively.
11-18 (i) For each provision of the plan, measurable criteria for
11-19 determining whether the provision has contributed toward
11-20 improving the academic achievement of pupils, increasing the rate
11-21 of attendance of pupils and reducing the number of pupils who
11-22 drop out of school.
11-23 (j) Strategies to improve the allocation of resources from the
11-24 school district, by program and by school, in a manner that will
11-25 improve the academic achievement of pupils. If this state has a
11-26 financial analysis program that is designed to track educational
11-27 expenditures and revenues to individual schools, each school
11-28 district shall use that statewide program in complying with this
11-29 paragraph. If a statewide program is not available, each school
11-30 district shall use its own financial analysis program in complying
11-31 with this paragraph.
11-32 (k) Based upon the reallocation of resources set forth in
11-33 paragraph (j), the resources available to the school district to carry
11-34 out the plan.
11-35 (l) A summary of the effectiveness of appropriations made by
11-36 the Legislature that are available to the school district or the
11-37 schools within the school district to improve the academic
11-38 achievement of pupils and programs approved by the Legislature
11-39 to improve the academic achievement of pupils.
11-40 4. The board of trustees of each school district shall:
11-41 (a) Review the plan prepared pursuant to this section annually
11-42 to evaluate the effectiveness of the plan; and
11-43 (b) Based upon the evaluation of the plan, make revisions, as
11-44 necessary, to ensure that the plan is designed to improve the
11-45 academic achievement of pupils enrolled in the school district.
12-1 5. On or before June 15 of each year, the board of trustees of
12-2 each school district shall submit the plan or the revised plan, as
12-3 applicable, to the:
12-4 (a) Superintendent of Public Instruction;
12-5 (b) Governor;
12-6 (c) State Board;
12-7 (d) Department;
12-8 (e) Committee; and
12-9 (f) Bureau.
12-10 Sec. 9. 1. The principal of each school, including, without
12-11 limitation, each charter school, shall prepare a plan to improve the
12-12 achievement of pupils enrolled in the school. The plan:
12-13 (a) Must be prepared in consultation with:
12-14 (1) Employees of the school;
12-15 (2) Parents or legal guardians of pupils enrolled in the
12-16 school; and
12-17 (3) Except for a charter school, employees of the school
12-18 district in which the school is located.
12-19 (b) May be prepared in consultation with:
12-20 (1) Representatives of institutions of higher education;
12-21 (2) Representatives of regional educational laboratories;
12-22 (3) Representatives of outside consultant groups;
12-23 (4) Representatives of the regional training program for the
12-24 professional development of teachers and administrators
12-25 established pursuant to NRS 391.512 that provides services to the
12-26 school district in which the school is located;
12-27 (5) The Bureau; and
12-28 (6) Other persons who the principal determines are
12-29 appropriate.
12-30 2. The plan developed pursuant to subsection 1 must include:
12-31 (a) A review and analysis of the data pertaining to the school
12-32 upon which the report required pursuant to subsection 2 of NRS
12-33 385.347 is based and a review and analysis of any data that is
12-34 more recent than the data upon which the report is based.
12-35 (b) The identification of any problems or factors at the school
12-36 that are revealed by the review and analysis.
12-37 (c) Strategies based upon scientifically based research, as
12-38 defined in 20 U.S.C. § 7801(37), that will strengthen the core
12-39 academic subjects, as defined in NRS 389.018.
12-40 (d) Policies and practices concerning the core academic
12-41 subjects which have the greatest likelihood of ensuring that each
12-42 subgroup of pupils identified in paragraph (d) of subsection 1 of
12-43 section 4 of this act who are enrolled in the school will make
12-44 adequate yearly progress and meet the minimum level of
12-45 proficiency prescribed by the State Board.
13-1 (e) Annual measurable objectives, consistent with the annual
13-2 measurable objectives established by the State Board pursuant to
13-3 section 4 of this act, for the continuous and substantial progress
13-4 by each subgroup of pupils identified in paragraph (d) of
13-5 subsection 1 of that section who are enrolled in the school to
13-6 ensure that each subgroup will make adequate yearly progress and
13-7 meet the level of proficiency prescribed by the State Board.
13-8 (f) Strategies, consistent with the policy adopted pursuant to
13-9 NRS 392.457 by the board of trustees of the school district in
13-10 which the school is located, to promote effective involvement by
13-11 parents and families of pupils enrolled in the school in the
13-12 education of their children.
13-13 (g) As appropriate, programs of remedial education or tutoring
13-14 to be offered before and after school, during the summer, or
13-15 between sessions if the school operates on a year-round calendar
13-16 for pupils enrolled in the school who need additional instructional
13-17 time to pass or to reach a level considered proficient.
13-18 (h) A mentoring program for teachers and other educational
13-19 personnel who are employed at the school.
13-20 (i) Strategies to improve the academic achievement of pupils
13-21 enrolled in the school, including, without limitation, strategies to:
13-22 (1) Instruct pupils who are not achieving to their fullest
13-23 potential;
13-24 (2) Increase the rate of attendance of pupils and reduce the
13-25 number of pupils who drop out of school;
13-26 (3) Integrate technology into the instructional and
13-27 administrative programs of the school;
13-28 (4) Manage effectively the discipline of pupils; and
13-29 (5) Enhance the professional development offered for the
13-30 teachers and administrators employed at the school to include the
13-31 activities set forth in 20 U.S.C. § 7801(34), as deemed appropriate
13-32 by the principal and other persons and entities responsible for the
13-33 development of the plan.
13-34 (j) If the school is a middle school, junior high school or high
13-35 school, strategies designed to provide to the pupils enrolled in the
13-36 school, the teachers and counselors employed at the school, and
13-37 the parents and guardians of pupils enrolled in the school
13-38 information concerning:
13-39 (1) The requirements for admission to an institution of
13-40 higher education and the opportunities for financial aid;
13-41 (2) The availability of millennium scholarships pursuant to
13-42 NRS 396.911 to 396.938, inclusive; and
13-43 (3) The need for a pupil to make informed decisions about
13-44 his curriculum in preparation for success after graduation.
14-1 (k) An identification, by category, of the employees of the
14-2 school who are responsible for ensuring that the plan is carried
14-3 out effectively.
14-4 (l) Except as otherwise provided in this paragraph, in
14-5 consultation with the school district, an identification, by category,
14-6 of the employees of the school district, if any, who are responsible
14-7 for ensuring that the plan is carried out effectively or for
14-8 overseeing and monitoring whether the plan is carried out
14-9 effectively. If a charter school is sponsored by the State Board, the
14-10 charter school shall not identify employees of the school district
14-11 pursuant to this paragraph but shall comply with paragraph (m).
14-12 (m) In consultation with the Department, an identification, by
14-13 category, of the employees of the Department, if any, who are
14-14 responsible for overseeing and monitoring whether the plan is
14-15 carried out effectively.
14-16 (n) For each provision of the plan, a timeline for carrying out
14-17 that provision, including, without limitation, a timeline for
14-18 monitoring whether the provision is carried out effectively.
14-19 (o) For each provision of the plan, measurable criteria for
14-20 determining whether the provision has contributed toward
14-21 improving the academic achievement of pupils, increasing the rate
14-22 of attendance of pupils and reducing the number of pupils who
14-23 drop out of school.
14-24 (p) The resources available to the school to carry out the plan.
14-25 If this state has a financial analysis program that is designed to
14-26 track educational expenditures and revenues to individual schools,
14-27 each school shall use that statewide program in complying with
14-28 this paragraph. If a statewide program is not available, each
14-29 school shall use the financial analysis program used by the school
14-30 district in which the school is located in complying with this
14-31 paragraph.
14-32 (q) A summary of the effectiveness of appropriations made by
14-33 the Legislature that are available to the school to improve the
14-34 academic achievement of pupils and programs approved by the
14-35 Legislature to improve the academic achievement of pupils.
14-36 3. In addition to the requirements of subsection 2, if a school
14-37 has been designated as demonstrating need for improvement
14-38 pursuant to section 14 of this act for 2 or more consecutive years,
14-39 the plan must comply with 20 U.S.C. § 6316(b)(3) and the
14-40 regulations adopted pursuant thereto.
14-41 4. Except as otherwise provided in subsection 5, the principal
14-42 of each school shall, in consultation with the persons and entities
14-43 prescribed in subsection 1:
14-44 (a) Review the plan prepared pursuant to this section annually
14-45 to evaluate the effectiveness of the plan; and
15-1 (b) Based upon the evaluation of the plan, make revisions, as
15-2 necessary, to ensure that the plan is designed to improve the
15-3 academic achievement of pupils enrolled in the school.
15-4 5. If a school has been designated as demonstrating need for
15-5 improvement pursuant to section 14 of this act for 2 or more
15-6 consecutive years, the support team established for the school
15-7 shall review the plan and make revisions to the most recent plan
15-8 for improvement of the school pursuant to section 18 of this act.
15-9 6. On or before April 1 of each year, the principal of each
15-10 school or the support team established for the school, as
15-11 applicable, shall submit the plan or the revised plan, as applicable,
15-12 to:
15-13 (a) If the school is a public school of the school district or a
15-14 charter school sponsored by the board of trustees, the
15-15 superintendent of schools of the school district.
15-16 (b) If the school is a charter school sponsored by the State
15-17 Board, the Department.
15-18 7. If a Title I school is designated as demonstrating need for
15-19 improvement pursuant to section 14 of this act, the superintendent
15-20 of schools of the school district or the Department, as applicable,
15-21 shall carry out a process for peer review of the plan or the revised
15-22 plan, as applicable, in accordance with 20 U.S.C. § 6316(b)(3)(E)
15-23 and the regulations adopted pursuant thereto. Not later than 45
15-24 days after receipt of the plan, the superintendent of schools of the
15-25 school district or the Department, as applicable, shall approve the
15-26 plan or the revised plan, as applicable, if it meets the requirements
15-27 of 20 U.S.C. § 6316(b)(3) and the regulations adopted pursuant
15-28 thereto and the requirements of this section. The superintendent of
15-29 schools of the school district or the Department, as applicable,
15-30 may condition approval of the plan or the revised plan, as
15-31 applicable, in the manner set forth in 20 U.S.C. § 6316(b)(3)(B)
15-32 and the regulations adopted pursuant thereto. The State Board
15-33 shall prescribe the requirements for the process of peer review,
15-34 including, without limitation, the qualifications of persons who
15-35 may serve as peer reviewers.
15-36 8. If a school is designated as demonstrating exemplary
15-37 achievement, high achievement or adequate achievement, or if a
15-38 school that is not a Title I school is designated as demonstrating
15-39 need for improvement, not later than 45 days after receipt of the
15-40 plan or the revised plan, as applicable, the superintendent of
15-41 schools of the school district or the Department, as applicable,
15-42 shall approve the plan or the revised plan if it meets the
15-43 requirements of this section.
15-44 9. On or before June 15 of each year, the principal of each
15-45 school or the support team established for the school, as
16-1 applicable, shall submit the final plan or the final revised plan, as
16-2 applicable, to the:
16-3 (a) Superintendent of Public Instruction;
16-4 (b) Governor;
16-5 (c) State Board;
16-6 (d) Department;
16-7 (e) Committee;
16-8 (f) Bureau; and
16-9 (g) Board of trustees of the school district in which the school
16-10 is located.
16-11 10. Except as otherwise provided in this subsection, a plan for
16-12 the improvement of a school must be carried out by the school
16-13 expeditiously, but not later than the beginning of the next school
16-14 year after the plan is approved pursuant to subsection 7 or 8.
16-15 Sec. 10. 1. On or before January 1 of each year, the
16-16 Department shall determine whether each public school is making
16-17 adequate yearly progress, as defined by the State Board pursuant
16-18 to section 4 of this act. The determination for a public school,
16-19 including, without limitation, a charter school sponsored by the
16-20 board of trustees of the school district, must be made in
16-21 consultation with the board of trustees of the school district in
16-22 which the public school is located. If a charter school is sponsored
16-23 by the State Board, the Department shall make a determination for
16-24 the charter school in consultation with the State Board. On or
16-25 before January 1 of each year, the Department shall transmit:
16-26 (a) Except as otherwise provided in paragraph (b), the
16-27 determination made for each public school to the board of trustees
16-28 of the school district in which the public school is located.
16-29 (b) To the State Board the determination made for each
16-30 charter school that is sponsored by the State Board.
16-31 2. Except as otherwise provided in this subsection, the
16-32 Department shall determine that a public school has failed to
16-33 make adequate yearly progress if any subgroup identified in
16-34 paragraph (d) of subsection 1 of section 4 of this act does not
16-35 satisfy the annual measurable objectives established by the State
16-36 Board pursuant to that section. To comply with 20 U.S.C. §
16-37 6311(b)(2)(I) and the regulations adopted pursuant thereto, the
16-38 State Board shall prescribe by regulation the conditions under
16-39 which a school shall be deemed to have made adequate yearly
16-40 progress even though a subgroup identified in paragraph (d) of
16-41 subsection 1 of section 4 of this act did not satisfy the annual
16-42 measurable objectives of the State Board.
16-43 3. In addition to the provisions of subsection 2, the
16-44 Department shall determine that a public school has failed to
16-45 make adequate yearly progress if:
17-1 (a) The number of pupils enrolled in the school who took the
17-2 examinations administered pursuant to NRS 389.015 and 389.550
17-3 is less than 95 percent of all pupils enrolled in the school who
17-4 were required to take the examinations; or
17-5 (b) Except as otherwise provided in subsection 4, for each
17-6 subgroup of pupils identified in paragraph (d) of subsection 1 of
17-7 section 4 of this act, the number of pupils in the subgroup enrolled
17-8 in the school who took the examinations administered pursuant to
17-9 NRS 389.015 and 389.550 is less than 95 percent of all pupils in
17-10 that subgroup enrolled in the school who were required to take the
17-11 examinations.
17-12 4. If the number of pupils in a particular subgroup who are
17-13 enrolled in a public school is insufficient to yield statistically
17-14 reliable information:
17-15 (a) The Department shall not determine that the school has
17-16 failed to make adequate yearly progress pursuant to paragraph (b)
17-17 of subsection 3 based solely upon that particular subgroup.
17-18 (b) The pupils in such a subgroup must be included in the
17-19 overall count of pupils enrolled in the school who took the
17-20 examinations.
17-21 The State Board shall prescribe the mechanism for determining
17-22 the number of pupils that must be in a subgroup for that subgroup
17-23 to yield statistically reliable information.
17-24 5. If an irregularity in testing administration or an
17-25 irregularity in testing security occurs at a school and the
17-26 irregularity invalidates the test scores of pupils, those test scores
17-27 must not be included in the scores of pupils reported for the school
17-28 and the attendance of those pupils must not be counted towards
17-29 the total number of pupils who took the examinations, but must be
17-30 included in the total number of pupils who were required to take
17-31 the examinations. If the pupils take an additional administration
17-32 of the examinations during the same school year, the scores of
17-33 pupils on those examinations must not be included in the scores of
17-34 pupils reported for the school.
17-35 6. As used in this section:
17-36 (a) “Irregularity in testing administration” has the meaning
17-37 ascribed to it in NRS 389.604.
17-38 (b) “Irregularity in testing security” has the meaning ascribed
17-39 to it in NRS 389.608.
17-40 Sec. 11. 1. Except as otherwise provided in subsection 3, if
17-41 the number of pupils enrolled in a school who took the
17-42 examinations administered pursuant to NRS 389.015 and 389.550,
17-43 excluding the high school proficiency examination, is less than 95
17-44 percent of all pupils enrolled in the school who were required to
17-45 take the examinations, the Department shall notify the school and
18-1 the school district in which the school is located that the school is
18-2 required to provide, in the same school year, for an additional
18-3 administration of examinations, excluding the high school
18-4 proficiency examination, as prescribed by the State Board
18-5 pursuant to subsection 2. Except as otherwise provided in this
18-6 subsection, the school district shall pay for all costs related to the
18-7 administration of the examinations pursuant to this subsection. If
18-8 a charter school is required to administer examinations pursuant
18-9 to this subsection, the charter school shall pay for all costs related
18-10 to the administration of the examinations to pupils enrolled in the
18-11 charter school.
18-12 2. The State Board shall prescribe by regulation the
18-13 examinations that a school must administer pursuant to
18-14 subsection 1.
18-15 3. The Department may, for good cause shown, grant a
18-16 waiver to a school from the requirements of subsection 1.
18-17 Sec. 12. If the Department determines that a public school
18-18 has failed to make adequate yearly progress pursuant to
18-19 subsection 3 of section 10 of this act:
18-20 1. The Department or its designee shall monitor at the school
18-21 the administration of the examinations that are required pursuant
18-22 to NRS 389.015 and 389.550 and ensure that all eligible pupils
18-23 who are in attendance on the day of the administration of the
18-24 examinations are given an opportunity to take the examinations
18-25 until the percentage of pupils who take the examinations is 95
18-26 percent or more of all pupils enrolled in the school who are
18-27 required to take the examinations.
18-28 2. The school is not required to adopt a program of remedial
18-29 study pursuant to NRS 385.389 and is not eligible to receive
18-30 money for remedial programs made available by legislative
18-31 appropriation for the purposes of NRS 385.389.
18-32 Sec. 13. 1. Based upon the information received from the
18-33 Department pursuant to section 10 of this act, the board of trustees
18-34 of each school district shall designate, on or before January 5 of
18-35 each year, each public school in the school district pursuant to
18-36 section 14 of this act, excluding charter schools sponsored by the
18-37 State Board. The board of trustees shall make designations for all
18-38 charter schools that are sponsored by the board of trustees. The
18-39 Department shall make designations for all charter schools that
18-40 are sponsored by the State Board.
18-41 2. If the board of trustees of a school district or the
18-42 Department, as applicable, determines that a public school is
18-43 demonstrating need for improvement, the board of trustees or the
18-44 Department shall issue a preliminary designation for that school
18-45 on January 5. Before making a final designation for the school,
19-1 the board of trustees of the school district or the Department, as
19-2 applicable, shall provide the school an opportunity to review the
19-3 data upon which the proposed designation is based and to present
19-4 evidence as set forth in 20 U.S.C. § 6316(b)(2) and the regulations
19-5 adopted pursuant thereto. Not later than 30 days after providing
19-6 the school an opportunity to review the data:
19-7 (a) If the school is a public school of the school district or a
19-8 charter school sponsored by the board of trustees, the board of
19-9 trustees of the school district shall, in consultation with the
19-10 Department, make a final determination concerning the
19-11 designation for the school.
19-12 (b) If the school is a charter school sponsored by the State
19-13 Board, the Department shall make a final determination
19-14 concerning the designation for the school.
19-15 3. On or before February 5 of each year, the Department
19-16 shall provide written notice of the determinations made pursuant
19-17 to section 10 of this act and the designations made pursuant to
19-18 section 14 of this act as follows:
19-19 (a) The determinations and designations made for all schools
19-20 in this state to the:
19-21 (1) Governor;
19-22 (2) State Board;
19-23 (3) Committee; and
19-24 (4) Bureau.
19-25 (b) The determinations and designations made for all schools
19-26 within a school district to the:
19-27 (1) Superintendent of schools of the school district; and
19-28 (2) Board of trustees of the school district.
19-29 (c) The determination and designation made for each school to
19-30 the principal of the school.
19-31 Sec. 14. 1. Except as otherwise provided in paragraph (b)
19-32 of subsection 4, a school must be designated as demonstrating
19-33 exemplary achievement if:
19-34 (a) The school makes adequate yearly progress, as determined
19-35 by the Department pursuant to section 10 of this act; and
19-36 (b) At least 50 percent of all pupils in all grades enrolled at the
19-37 school who took the examinations administered pursuant to NRS
19-38 389.015 received an average score on those examinations that is at
19-39 least equal to the 76th percentile of the national reference group
19-40 to which the examinations were compared.
19-41 2. Except as otherwise provided in paragraph (b) of
19-42 subsection 4, a school must be designated as demonstrating high
19-43 achievement if:
19-44 (a) The school makes adequate yearly progress, as determined
19-45 by the Department pursuant to section 10 of this act; and
20-1 (b) At least 40 percent of all pupils in all grades enrolled at the
20-2 school who took the examinations administered pursuant to NRS
20-3 389.015 received an average score on those examinations that is at
20-4 least equal to the 76th percentile of the national reference group
20-5 to which the examinations were compared.
20-6 3. Except as otherwise provided in paragraph (b) of
20-7 subsection 4, a school must be designated as demonstrating
20-8 adequate achievement if:
20-9 (a) The school makes adequate yearly progress, as determined
20-10 by the Department pursuant to section 10 of this act; and
20-11 (b) At least 60 percent of all pupils in all grades enrolled at the
20-12 school who took the examinations administered pursuant to NRS
20-13 389.015 received an average score on those examinations that is at
20-14 least equal to the 26th percentile of the national reference group
20-15 to which the examinations were compared.
20-16 4. A school must be designated as demonstrating need for
20-17 improvement if:
20-18 (a) The school fails to make adequate yearly progress, as
20-19 determined by the Department pursuant to section 10 of this act,
20-20 or less than 60 percent of all pupils in all grades enrolled at the
20-21 school who took the examinations administered pursuant to NRS
20-22 389.015 received an average score on those examinations that is at
20-23 least equal to the 26th percentile of the national reference group
20-24 to which the examinations were compared; or
20-25 (b) The school makes adequate yearly progress, as determined
20-26 by the Department pursuant to section 10 of this act, but was
20-27 designated as demonstrating need for improvement pursuant to
20-28 paragraph (a) in the immediately preceding year for failing to
20-29 make adequate yearly progress.
20-30 5. If a public school is designated as demonstrating need for
20-31 improvement pursuant to paragraph (a) of subsection 4, the
20-32 designation of the school as demonstrating need for improvement
20-33 must not be removed until:
20-34 (a) The school has made adequate yearly progress for 2
20-35 consecutive years; and
20-36 (b) At least 60 percent of all pupils in all grades enrolled at the
20-37 school who take the examinations administered pursuant to NRS
20-38 389.015 receive an average score on those examinations that is at
20-39 least equal to the 26th percentile of the national reference group
20-40 to which the examinations were compared.
20-41 Sec. 15. 1. If a public school is designated as
20-42 demonstrating need for improvement pursuant to section 14 of this
20-43 act and the school is a public school of the school district or a
20-44 charter school sponsored by the board of trustees, the board of
20-45 trustees of the school district shall provide notice of the
21-1 designation to the parents and guardians of pupils enrolled in the
21-2 school on the form prescribed by the Department pursuant to
21-3 section 36 of this act. If the public school is a charter school
21-4 sponsored by the State Board, the Department shall provide notice
21-5 to the parents and guardians of pupils enrolled in the school on
21-6 the form prescribed by the Department pursuant to section 36 of
21-7 this act. The State Board shall prescribe by regulation the time by
21-8 which such notice must be provided.
21-9 2. If a public school is designated as demonstrating need for
21-10 improvement pursuant to section 14 of this act:
21-11 (a) Except as otherwise provided in paragraph (b), the board
21-12 of trustees of the school district in which the school is located shall
21-13 ensure that the school receives technical assistance in the manner
21-14 set forth in 20 U.S.C. § 6316(b)(4) and the regulations adopted
21-15 pursuant thereto.
21-16 (b) For a charter school sponsored by the State Board, the
21-17 Department shall ensure that the school receives technical
21-18 assistance in the manner set forth in 20 U.S.C. § 6316(b)(4) and
21-19 the regulations adopted pursuant thereto.
21-20 Sec. 16. 1. If a public school is designated as
21-21 demonstrating need for improvement pursuant to section 14 of this
21-22 act for a second consecutive year, the support team established for
21-23 the school pursuant to this section shall revise the most recent
21-24 plan for improvement of the school for submission to:
21-25 (a) Except as otherwise provided in paragraph (b), the
21-26 superintendent of schools of the school district.
21-27 (b) For a charter school sponsored by the State Board, the
21-28 Department.
21-29 The revision, submission and approval of the revised plan must
21-30 comply with sections 9 and 18 of this act.
21-31 2. Except as otherwise provided in subsection 3, if a public
21-32 school is designated as demonstrating need for improvement
21-33 pursuant to section 14 of this act for a second consecutive year,
21-34 the board of trustees of the school district shall:
21-35 (a) Provide notice of the designation to the parents and
21-36 guardians of pupils enrolled in the school on the form prescribed
21-37 by the Department pursuant to section 36 of this act.
21-38 (b) Ensure that the school receives technical assistance in the
21-39 manner set forth in 20 U.S.C. § 6316(b)(4) and the regulations
21-40 adopted pursuant thereto.
21-41 (c) Establish a support team for the school, with the
21-42 membership prescribed pursuant to section 17 of this act.
21-43 3. If a charter school sponsored by the State Board is
21-44 designated as demonstrating need for improvement pursuant to
22-1 section 14 of this act for a second consecutive year, the
22-2 Department shall:
22-3 (a) Provide notice of the designation to the parents and
22-4 guardians of pupils enrolled in the school on the form prescribed
22-5 by the Department pursuant to section 36 of this act;
22-6 (b) Ensure that the school receives technical assistance in the
22-7 manner set forth in 20 U.S.C. § 6316(b)(4) and the regulations
22-8 adopted pursuant thereto; and
22-9 (c) Establish a support team for the school, with the
22-10 membership prescribed pursuant to section 17 of this act.
22-11 4. In addition to the requirements of subsection 2 or 3, as
22-12 applicable, if a Title I school is designated as demonstrating need
22-13 for improvement pursuant to section 14 of this act for a second
22-14 consecutive year:
22-15 (a) Except as otherwise provided in paragraph (b), the board
22-16 of trustees of the school district shall provide school choice to the
22-17 parents and guardians of pupils enrolled in the school in
22-18 accordance with 20 U.S.C. § 6316(b)(1) and the regulations
22-19 adopted pursuant thereto.
22-20 (b) For a charter school sponsored by the State Board, the
22-21 Department shall work cooperatively with the board of trustees of
22-22 the school district in which the charter school is located to provide
22-23 school choice to the parents and guardians of pupils enrolled in
22-24 the school in accordance with 20 U.S.C. § 6316(b)(1) and the
22-25 regulations adopted pursuant thereto.
22-26 Sec. 17. The membership of each support team established
22-27 for a public school pursuant to section 16 of this act:
22-28 1. Must consist of, without limitation:
22-29 (a) Teachers and principals who are considered highly
22-30 qualified;
22-31 (b) Employees of the public school for which the support team
22-32 is established who provide services to pupils; and
22-33 (c) Parents or guardians of pupils who are enrolled in the
22-34 public school for which the support team is established.
22-35 2. May consist of, without limitation:
22-36 (a) Except for a charter school, administrators at the district
22-37 level employed by the board of trustees of the school district in
22-38 which the school is located;
22-39 (b) Except for a charter school, one or more members of the
22-40 board of trustees of the school district in which the school is
22-41 located;
22-42 (c) Representatives of the Department;
22-43 (d) Representatives of institutions of higher education;
22-44 (e) Representatives of regional educational laboratories;
22-45 (f) Representatives of outside consultant groups;
23-1 (g) Representatives of the regional training program for the
23-2 professional development of teachers and administrators
23-3 established pursuant to NRS 391.512 that provides services to the
23-4 school district in which the school is located;
23-5 (h) The Bureau; and
23-6 (i) Other persons who the board of trustees of the school
23-7 district or the Department, as applicable, determines are
23-8 appropriate.
23-9 Sec. 18. 1. Each support team established for a public
23-10 school shall:
23-11 (a) Review and analyze the operation of the school, including,
23-12 without limitation, the design and operation of the instructional
23-13 program of the school.
23-14 (b) Review and analyze the data pertaining to the school upon
23-15 which the report required pursuant to subsection 2 of NRS
23-16 385.347 is based and review and analyze any data that is more
23-17 recent than the data upon which the report is based.
23-18 (c) Review the most recent plan to improve the achievement of
23-19 the school’s pupils prepared pursuant to section 9 of this act.
23-20 (d) Identify and investigate the problems and factors at the
23-21 school that contributed to the designation of the school as
23-22 demonstrating need for improvement.
23-23 (e) Assist the school in developing recommendations for
23-24 improving the performance of pupils who are enrolled in the
23-25 school.
23-26 (f) Except as otherwise provided in this paragraph, make
23-27 recommendations to the board of trustees of the school district, the
23-28 State Board and the Department concerning additional assistance
23-29 for the school and the support team in carrying out the plan for
23-30 improvement of the school. For a charter school sponsored by the
23-31 State Board, the support team shall make the recommendations to
23-32 the State Board and the Department.
23-33 (g) In accordance with its findings pursuant to this subsection
23-34 and section 19 of this act, adopt written revisions to the most
23-35 recent plan to improve the achievement of the school’s pupils. The
23-36 written revisions must:
23-37 (1) Comply with section 9 of this act;
23-38 (2) Include the data and findings of the support team that
23-39 provide support for the revisions;
23-40 (3) Set forth goals and objectives for the school that are:
23-41 (I) Designed to improve the achievement of the school’s
23-42 pupils;
23-43 (II) Specific;
23-44 (III) Measurable; and
23-45 (IV) Conducive to reliable evaluation;
24-1 (4) Set forth a timeline to carry out the revisions;
24-2 (5) Set forth priorities for the school in carrying out the
24-3 revisions; and
24-4 (6) Set forth the duties of each person who is responsible
24-5 for carrying out the revisions.
24-6 (h) Except as otherwise provided in this subsection, work
24-7 cooperatively with the board of trustees of the school district in
24-8 which the school is located, the employees of the school, and the
24-9 parents and guardians of pupils enrolled in the school to carry out
24-10 and monitor the plan for improvement of the school. If a charter
24-11 school is sponsored by the State Board, the Department shall assist
24-12 the school with carrying out and monitoring the plan for
24-13 improvement of the school.
24-14 2. A support team established for a school may hold a public
24-15 meeting to discuss the actions that the school will need to take to
24-16 assist the school with receiving a designation of demonstrating
24-17 exemplary achievement, high achievement or adequate
24-18 achievement.
24-19 Sec. 19. 1. In addition to the duties prescribed in section 18
24-20 of this act, a support team established for a school shall prepare
24-21 an annual written report that includes:
24-22 (a) Information concerning the most recent plan to improve
24-23 the achievement of the school’s pupils, including, without
24-24 limitation, an evaluation of:
24-25 (1) The appropriateness of the plan for the school; and
24-26 (2) Whether the school has achieved the goals and
24-27 objectives set forth in the plan;
24-28 (b) The written revisions to the plan to improve the
24-29 achievement of the school’s pupils adopted by the support team
24-30 pursuant to section 18 of this act;
24-31 (c) A summary of each program for remediation, if any,
24-32 purchased for the school with money that is available from the
24-33 Federal Government, this state and the school district in which the
24-34 school is located, including, without limitation:
24-35 (1) The name of the program;
24-36 (2) The date on which the program was purchased and the
24-37 date on which the program was carried out by the school;
24-38 (3) The percentage of personnel at the school who were
24-39 trained regarding the use of the program;
24-40 (4) The satisfaction of the personnel at the school with the
24-41 program; and
24-42 (5) An evaluation of whether the program has improved the
24-43 academic achievement of the pupils enrolled in the school who
24-44 participated in the program;
25-1 (d) An analysis of the problems and factors at the school
25-2 which contributed to the designation of the school as
25-3 demonstrating need for improvement, including, without
25-4 limitation, issues relating to:
25-5 (1) The financial resources of the school;
25-6 (2) The administrative and educational personnel of the
25-7 school;
25-8 (3) The curriculum of the school;
25-9 (4) The facilities available at the school, including the
25-10 availability and accessibility of educational technology; and
25-11 (5) Any other factors that the support team believes
25-12 contributed to the designation of the school as demonstrating need
25-13 for improvement; and
25-14 (e) Other information concerning the school, including,
25-15 without limitation:
25-16 (1) The results of the pupils who are enrolled in the school
25-17 on the examinations that are administered pursuant to NRS
25-18 389.015 and 389.550;
25-19 (2) Records of the attendance and truancy of pupils who
25-20 are enrolled in the school;
25-21 (3) The transiency rate of pupils who are enrolled in the
25-22 school;
25-23 (4) A description of the number of years that each teacher
25-24 has provided instruction at the school and the rate of turnover of
25-25 teachers and other educational personnel employed at the school;
25-26 (5) A description of the participation of parents and legal
25-27 guardians in the educational process and other activities relating
25-28 to the school;
25-29 (6) A description of each source of money for the
25-30 remediation of pupils who are enrolled in the school; and
25-31 (7) A description of the disciplinary problems of the pupils
25-32 who are enrolled in the school, including, without limitation, the
25-33 information contained in paragraphs (k) to (n), inclusive, of
25-34 subsection 2 of NRS 385.347.
25-35 2. On or before April 15, the support team shall submit a copy
25-36 of the final written report to the:
25-37 (a) Principal of the school;
25-38 (b) Board of trustees of the school district in which the school
25-39 is located;
25-40 (c) Superintendent of schools of the school district in which
25-41 the school is located;
25-42 (d) Department; and
25-43 (e) Bureau.
26-1 The support team shall make the written report available, upon
26-2 request, to each parent or legal guardian of a pupil who is
26-3 enrolled in the school.
26-4 Sec. 20. 1. If a public school is designated as
26-5 demonstrating need for improvement pursuant to section 14 of this
26-6 act for a third consecutive year, the support team established for
26-7 the school pursuant to section 16 of this act shall revise the most
26-8 recent plan for improvement of the school for submission to:
26-9 (a) Except as otherwise provided in paragraph (b), the
26-10 superintendent of schools of the school district.
26-11 (b) For a charter school sponsored by the State Board, the
26-12 Department.
26-13 The revision, submission and approval of the revised plan must
26-14 comply with sections 9 and 18 of this act.
26-15 2. Except as otherwise provided in subsection 3, if a public
26-16 school is designated as demonstrating need for improvement
26-17 pursuant to section 14 of this act for a third consecutive year, the
26-18 board of trustees of the school district shall:
26-19 (a) Provide notice of the designation to the parents and
26-20 guardians of pupils enrolled in the school on the form prescribed
26-21 by the Department pursuant to section 36 of this act;
26-22 (b) Ensure that the school receives technical assistance in the
26-23 manner set forth in 20 U.S.C. § 6316(b)(4) and the regulations
26-24 adopted pursuant thereto; and
26-25 (c) Continue the support team for the school, with membership
26-26 prescribed pursuant to section 17 of this act.
26-27 3. If a charter school sponsored by the State Board is
26-28 designated as demonstrating need for improvement pursuant to
26-29 section 14 of this act for a third consecutive year, the Department
26-30 shall:
26-31 (a) Provide notice of the designation to the parents and
26-32 guardians of pupils enrolled in the school on the form prescribed
26-33 by the Department pursuant to section 36 of this act;
26-34 (b) Ensure that the school receives technical assistance in the
26-35 manner set forth in 20 U.S.C. § 6316(b)(4) and the regulations
26-36 adopted pursuant thereto; and
26-37 (c) Continue a support team for the school, with the
26-38 membership prescribed pursuant to section 17 of this act.
26-39 4. Except as otherwise provided in section 21 of this act, in
26-40 addition to the requirements of subsection 2 or 3, as applicable, if
26-41 a Title I school is designated as demonstrating need for
26-42 improvement pursuant to section 14 of this act for a third
26-43 consecutive year:
26-44 (a) Except as otherwise provided in paragraph (b), the board
26-45 of trustees of the school district shall:
27-1 (1) Provide school choice to the parents and guardians of
27-2 pupils enrolled in the school in accordance with 20 U.S.C. §
27-3 6316(b)(1) and the regulations adopted pursuant thereto.
27-4 (2) Provide supplemental educational services in
27-5 accordance with 20 U.S.C. § 6316(e) and the regulations adopted
27-6 pursuant thereto from a provider approved pursuant to section 37
27-7 of this act, unless a waiver is granted pursuant to that provision of
27-8 federal law.
27-9 (b) For a charter school sponsored by the State Board:
27-10 (1) The Department shall work cooperatively with the board
27-11 of trustees of the school district in which the charter school is
27-12 located to provide school choice to the parents and guardians of
27-13 pupils enrolled in the school in accordance with 20 U.S.C. §
27-14 6316(b)(1) and the regulations adopted pursuant thereto.
27-15 (2) The governing body of the charter school shall provide
27-16 supplemental educational services in accordance with 20 U.S.C. §
27-17 6316(e) and the regulations adopted pursuant thereto from a
27-18 provider approved pursuant to section 37 of this act, unless a
27-19 waiver is granted pursuant to that provision of federal law.
27-20 Sec. 21. 1. The requirements of subsection 4 of section 20
27-21 of this act do not apply to a Title I school designated as
27-22 demonstrating need for improvement for a third consecutive year
27-23 if:
27-24 (a) The school was designated as demonstrating need for
27-25 improvement for a third consecutive year pursuant to paragraph
27-26 (b) of subsection 4 of section 14 of this act; or
27-27 (b) The school was designated as demonstrating need for
27-28 improvement for a third consecutive year pursuant to paragraph
27-29 (a) of subsection 4 of section 14 of this act for failing to make
27-30 adequate yearly progress but the Department determines that the
27-31 failure is attributable to exceptional or uncontrollable
27-32 circumstances.
27-33 2. If an exception applies to a Title I school pursuant to
27-34 subsection 1 and:
27-35 (a) The school makes adequate yearly progress for a second
27-36 consecutive year and at least 60 percent of all pupils in all grades
27-37 enrolled at the school who took the examinations administered
27-38 pursuant to NRS 389.015 received an average score on those
27-39 examinations that is at least equal to the 26th percentile of the
27-40 national reference group to which the examinations were
27-41 compared, the designation of the school as demonstrating need for
27-42 improvement must be removed.
27-43 (b) The school fails to make adequate yearly progress in the
27-44 year immediately following the year in which the exception
27-45 applied or less than 60 percent of all pupils in all grades enrolled
28-1 at the school who took the examinations administered pursuant to
28-2 NRS 389.015 received an average score on those examinations
28-3 that is at least equal to the 26th percentile of the national
28-4 reference group to which the examinations were compared, the
28-5 Department shall designate the school as demonstrating need for
28-6 improvement for a fourth consecutive year and the provisions of
28-7 section 22 of this act apply to the school as if the exception
28-8 pursuant to subsection 1 never occurred.
28-9 Sec. 22. 1. If a public school is designated as
28-10 demonstrating need for improvement pursuant to section 14 of this
28-11 act for a fourth consecutive year, the support team established for
28-12 the school pursuant to this section shall revise the most recent
28-13 plan for improvement of the school for submission to:
28-14 (a) Except as otherwise provided in paragraph (b), the
28-15 superintendent of schools of the school district.
28-16 (b) For a charter school sponsored by the State Board, the
28-17 Department.
28-18 The revision, submission and approval of the plan must comply
28-19 with sections 9 and 18 of this act.
28-20 2. Except as otherwise provided in subsection 3, if a public
28-21 school is designated as demonstrating need for improvement
28-22 pursuant to section 14 of this act for a fourth consecutive year:
28-23 (a) The board of trustees of the school district shall:
28-24 (1) Provide notice of the designation to the parents and
28-25 guardians of pupils enrolled in the school on the form prescribed
28-26 by the Department pursuant to section 36 of this act; and
28-27 (2) Ensure that the school receives technical assistance in
28-28 the manner set forth in 20 U.S.C. § 6316(b)(4) and the regulations
28-29 adopted pursuant thereto.
28-30 (b) The Department shall establish a support team for the
28-31 school, with the membership prescribed pursuant to section 23 of
28-32 this act.
28-33 3. If a charter school sponsored by the State Board is
28-34 designated as demonstrating need for improvement pursuant to
28-35 section 14 of this act for a fourth consecutive year, the Department
28-36 shall:
28-37 (a) Provide notice of the designation to the parents and
28-38 guardians of pupils enrolled in the school on the form prescribed
28-39 by the Department pursuant to section 36 of this act;
28-40 (b) Ensure that the school receives technical assistance in the
28-41 manner set forth in 20 U.S.C. § 6316(b)(4) and the regulations
28-42 adopted pursuant thereto; and
28-43 (c) Establish a support team for the school, with the
28-44 membership prescribed pursuant to section 23 of this act.
29-1 4. Except as otherwise provided in section 24 of this act, in
29-2 addition to the requirements of subsections 1 and 2 or 3, as
29-3 applicable, if a Title I school is designated as demonstrating need
29-4 for improvement pursuant to section 14 of this act for a fourth
29-5 consecutive year:
29-6 (a) Except as otherwise provided in paragraph (b), the board
29-7 of trustees of the school district shall:
29-8 (1) Provide school choice to the parents and guardians of
29-9 pupils enrolled in the school in accordance with 20 U.S.C. §
29-10 6316(b)(1) and the regulations adopted pursuant thereto;
29-11 (2) Provide supplemental educational services in
29-12 accordance with 20 U.S.C. § 6316(e) and the regulations adopted
29-13 pursuant thereto from a provider approved pursuant to section 37
29-14 of this act, unless a waiver is granted pursuant to that provision of
29-15 federal law; and
29-16 (3) Take corrective action pursuant to 20 U.S.C. §
29-17 6316(b)(7) and the regulations adopted pursuant thereto.
29-18 (b) For a charter school sponsored by the State Board:
29-19 (1) The Department shall work cooperatively with the board
29-20 of trustees of the school district in which the charter school is
29-21 located to provide school choice to the parents and guardians of
29-22 pupils enrolled in the school in accordance with 20 U.S.C. §
29-23 6316(b)(1) and the regulations adopted pursuant thereto;
29-24 (2) The governing body of the charter school shall provide
29-25 supplemental educational services in accordance with 20 U.S.C. §
29-26 6316(e) and the regulations adopted pursuant thereto from a
29-27 provider approved pursuant to section 37 of this act, unless a
29-28 waiver is granted pursuant to that provision of federal law; and
29-29 (3) The Department shall take corrective action pursuant to
29-30 20 U.S.C. § 6316(b)(7) and the regulations adopted pursuant
29-31 thereto.
29-32 5. Except as otherwise provided in section 25 of this act, if a
29-33 public school that is not a Title I school is designated as
29-34 demonstrating need for improvement pursuant to section 14 of this
29-35 act for a fourth consecutive year, the support team established for
29-36 the school pursuant to this section shall consider whether
29-37 corrective action is appropriate for the school. If the support team
29-38 determines that corrective action is appropriate, the support team
29-39 shall make a recommendation to the Department for corrective
29-40 action against the school, including, without limitation, the type of
29-41 corrective action that is recommended. Regardless of whether a
29-42 support team recommends corrective action for a school, the
29-43 Department may take one or more of the following corrective
29-44 actions against the school:
30-1 (a) Replace employees at the school if the Department
30-2 determines, in consultation with the board of trustees of the school
30-3 district, that those employees contributed to the failure of the
30-4 school to make adequate yearly progress.
30-5 (b) Develop and carry out a new curriculum at the school,
30-6 including the provision of appropriate professional development
30-7 relating to the new curriculum.
30-8 (c) Decrease the number of employees at the school who carry
30-9 out managerial duties.
30-10 (d) Appoint an expert to advise the school regarding its
30-11 progress toward making adequate yearly progress based upon the
30-12 plan for improvement of the school.
30-13 (e) Extend the school year or the school day.
30-14 (f) Restructure the internal organization of the school.
30-15 Sec. 23. 1. The membership of each support team
30-16 established pursuant to section 22 of this act:
30-17 (a) Must consist of, without limitation:
30-18 (1) Teachers and principals who are considered highly
30-19 qualified and who are not employees of the public school for
30-20 which the support team is established;
30-21 (2) At least one representative of the Department;
30-22 (3) Except for a charter school, at least one administrator
30-23 at the district level who is employed by the board of trustees of the
30-24 school district; and
30-25 (4) At least one parent or guardian of a pupil who is
30-26 enrolled in the public school for which the support team is
30-27 established.
30-28 (b) May consist of, without limitation:
30-29 (1) Except for a charter school, one or more members of
30-30 the board of trustees of the school district in which the school is
30-31 located;
30-32 (2) Representatives of institutions of higher education;
30-33 (3) Representatives of regional educational laboratories;
30-34 (4) Representatives of outside consultant groups;
30-35 (5) Representatives of the regional training program for the
30-36 professional development of teachers and administrators
30-37 established pursuant to NRS 391.512 that provides services to the
30-38 school district in which the school is located;
30-39 (6) The Bureau; and
30-40 (7) Other persons who the Department determines are
30-41 appropriate.
30-42 2. In addition to the duties prescribed by sections 18 and 19
30-43 of this act, a support team established for a school pursuant to this
30-44 section shall:
31-1 (a) Hold at least one annual public meeting to discuss the
31-2 actions that the school will need to take to assist the school with
31-3 receiving a designation of demonstrating exemplary achievement,
31-4 high achievement or adequate achievement.
31-5 (b) Review, at least semiannually, the effectiveness of
31-6 educational personnel employed at the school, including, without
31-7 limitation:
31-8 (1) Identifying teachers and principals who are considered
31-9 outstanding in their profession; and
31-10 (2) Making findings and recommendations concerning the
31-11 educational personnel to the principal of the school, the board of
31-12 trustees of the school district or the governing body of the charter
31-13 school, as applicable, and, if appropriate, the Department.
31-14 Sec. 24. 1. The requirements of subsection 4 of section 22
31-15 of this act do not apply to a Title I school designated as
31-16 demonstrating need for improvement for a fourth consecutive year
31-17 if:
31-18 (a) The school was designated as demonstrating need for
31-19 improvement for a fourth consecutive year pursuant to paragraph
31-20 (b) of subsection 4 of section 14 of this act; or
31-21 (b) The school was designated as demonstrating need for
31-22 improvement for a fourth consecutive year pursuant to paragraph
31-23 (a) of subsection 4 of section 14 of this act for failing to make
31-24 adequate yearly progress but the Department determines that the
31-25 failure is attributable to exceptional or uncontrollable
31-26 circumstances.
31-27 2. If an exception applies to a Title I school pursuant to
31-28 subsection 1 and:
31-29 (a) The school makes adequate yearly progress for a second
31-30 consecutive year and at least 60 percent of all pupils in all grades
31-31 enrolled at the school who took the examinations administered
31-32 pursuant to NRS 389.015 received an average score on those
31-33 examinations that is at least equal to the 26th percentile of the
31-34 national reference group to which the examinations were
31-35 compared, the designation of the school as demonstrating need for
31-36 improvement must be removed.
31-37 (b) The school fails to make adequate yearly progress in the
31-38 year immediately following the year in which the exception
31-39 applied or less than 60 percent of all pupils in all grades enrolled
31-40 at the school who took the examinations administered pursuant to
31-41 NRS 389.015 received an average score on those examinations
31-42 that is at least equal to the 26th percentile of the national
31-43 reference group to which the examinations were compared, the
31-44 Department shall designate the school as demonstrating need for
31-45 improvement for a fifth consecutive year and the provisions of
32-1 section 26 of this act apply as if the exception pursuant to
32-2 subsection 1 never occurred.
32-3 Sec. 25. 1. The provisions of subsection 5 of section 22 of
32-4 this act do not apply to a public school designated as
32-5 demonstrating need for improvement for a fourth consecutive year
32-6 if:
32-7 (a) The school was designated as demonstrating need for
32-8 improvement for a fourth consecutive year pursuant to paragraph
32-9 (b) of subsection 4 of section 14 of this act; or
32-10 (b) The school was designated as demonstrating need for
32-11 improvement for a fourth consecutive year pursuant to paragraph
32-12 (a) of subsection 4 of section 14 of this act for failing to make
32-13 adequate yearly progress but the Department determines that the
32-14 failure is attributable to exceptional or uncontrollable
32-15 circumstances.
32-16 2. If an exception applies to a public school pursuant to
32-17 subsection 1 and:
32-18 (a) The school makes adequate yearly progress for a second
32-19 consecutive year and at least 60 percent of all pupils in all grades
32-20 enrolled at the school who took the examinations administered
32-21 pursuant to NRS 389.015 received an average score on those
32-22 examinations that is at least equal to the 26th percentile of the
32-23 national reference group to which the examinations were
32-24 compared, the designation of the school as demonstrating need for
32-25 improvement must be removed.
32-26 (b) The school fails to make adequate yearly progress in the
32-27 year immediately following the year in which the exception
32-28 applied or less than 60 percent of all pupils in all grades enrolled
32-29 at the school who took the examinations administered pursuant to
32-30 NRS 389.015 received an average score on those examinations
32-31 that is at least equal to the 26th percentile of the national
32-32 reference group to which the examinations were compared, the
32-33 Department shall designate the school as demonstrating need for
32-34 improvement for a fifth consecutive year and the provisions of
32-35 section 26 of this act apply as if the exception pursuant to
32-36 subsection 1 never occurred.
32-37 Sec. 26. 1. If a public school is designated as
32-38 demonstrating need for improvement pursuant to section 14 of this
32-39 act for a fifth consecutive year, the support team established for
32-40 the school pursuant to section 22 of this act shall revise the most
32-41 recent plan for improvement of the school for submission to:
32-42 (a) Except as otherwise provided in paragraph (b), the
32-43 superintendent of schools of the school district.
32-44 (b) For a charter school sponsored by the State Board, the
32-45 Department.
33-1 The revision, submission and approval of the plan must comply
33-2 with sections 9 and 18 of this act.
33-3 2. If a public school is designated as demonstrating need for
33-4 improvement pursuant to section 14 of this act for a fifth
33-5 consecutive year:
33-6 (a) The board of trustees of the school district shall carry out
33-7 the requirements of paragraph (a) of subsection 2 of section 22 of
33-8 this act and the Department shall continue a support team for the
33-9 school.
33-10 (b) For a charter school sponsored by the State Board, the
33-11 Department shall carry out the requirements of subsection 3 of
33-12 section 22 of this act and continue a support team for the school.
33-13 3. Except as otherwise provided in section 28 of this act, in
33-14 addition to the requirements of subsection 2, if a Title I school is
33-15 designated as demonstrating need for improvement pursuant to
33-16 section 14 of this act for a fifth consecutive year:
33-17 (a) Except as otherwise provided in paragraph (b), the board
33-18 of trustees of the school district shall:
33-19 (1) Provide school choice to the parents and guardians of
33-20 pupils enrolled in the school in accordance with 20 U.S.C. §
33-21 6316(b)(1) and the regulations adopted pursuant thereto;
33-22 (2) Provide supplemental educational services in
33-23 accordance with 20 U.S.C. § 6316(e) and the regulations adopted
33-24 pursuant thereto from a provider approved pursuant to section 37
33-25 of this act, unless a waiver is granted pursuant to that provision of
33-26 federal law; and
33-27 (3) Proceed with a plan for restructuring the school if
33-28 required by 20 U.S.C. § 6316(b)(8) and the regulations adopted
33-29 pursuant thereto.
33-30 (b) For a charter school sponsored by the State Board:
33-31 (1) The Department shall work cooperatively with the board
33-32 of trustees of the school district in which the charter school is
33-33 located to provide school choice to the parents and guardians of
33-34 pupils enrolled in the school in accordance with 20 U.S.C. §
33-35 6316(b)(1) and the regulations adopted pursuant thereto;
33-36 (2) The governing body of the charter school shall provide
33-37 supplemental educational services in accordance with 20 U.S.C. §
33-38 6316(e) and the regulations adopted pursuant thereto from a
33-39 provider approved pursuant to section 37 of this act, unless a
33-40 waiver is granted pursuant to that provision of federal law; and
33-41 (3) The Department shall proceed with a plan for
33-42 restructuring the school if required by 20 U.S.C. § 6316(b)(8) and
33-43 the regulations adopted pursuant thereto.
33-44 4. Except as otherwise provided in section 29 of this act, if a
33-45 public school that is not a Title I school is designated as
34-1 demonstrating need for improvement pursuant to section 14 of this
34-2 act for a fifth consecutive year, the support team for the school
34-3 shall:
34-4 (a) If corrective action was not taken against the school
34-5 pursuant to subsection 5 of section 22 of this act, consider whether
34-6 corrective action is appropriate for the school.
34-7 (b) If corrective action was taken against the school pursuant
34-8 to subsection 5 of section 22 of this act, consider whether further
34-9 corrective action is appropriate or whether a plan for
34-10 restructuring the school is appropriate.
34-11 Regardless of whether a support team recommends corrective
34-12 action or restructuring for a school, the Department may take
34-13 corrective action as set forth in subsection 5 of section 22 of this
34-14 act or proceed with a plan for restructuring the school as set forth
34-15 in section 27 of this act.
34-16 5. Before the board of trustees of a school district or the
34-17 Department proceeds with a plan for restructuring pursuant to
34-18 subsection 3 or 4, the board of trustees or the Department, as
34-19 applicable, shall provide to the administrators, teachers and other
34-20 educational personnel employed at that school, and parents and
34-21 guardians of pupils enrolled in the school:
34-22 (a) Notice that the board of trustees or the Department, as
34-23 applicable, will develop a plan for restructuring the school;
34-24 (b) An opportunity to comment before the plan to restructure is
34-25 developed; and
34-26 (c) An opportunity to participate in the development of the
34-27 plan to restructure.
34-28 Sec. 27. 1. If restructuring for a school is required
34-29 pursuant to 20 U.S.C. § 6316(b)(8) or if the Department
34-30 determines that restructuring is appropriate for a school pursuant
34-31 to subsection 4 of section 26 of this act, the board of trustees of the
34-32 school district or the Department, as applicable, shall carry out a
34-33 plan for restructuring that includes:
34-34 (a) Reopening the school as a charter school pursuant to NRS
34-35 386.500 to 386.610, inclusive, and section 46 of this act;
34-36 (b) Replacing those employees at the school who contributed to
34-37 the failure of the school to make adequate yearly progress;
34-38 (c) Entering into a contract with an entity, including, without
34-39 limitation, a private management company, with a demonstrated
34-40 record of effectiveness to operate the public school;
34-41 (d) If the board of trustees is responsible for restructuring,
34-42 requesting that the Department oversee the operation of the public
34-43 school;
35-1 (e) If the Department is responsible for restructuring,
35-2 designating the Department as responsible for overseeing the
35-3 operation of the school; or
35-4 (f) Taking any other action to restructure the governance of
35-5 the school if the action is designed to improve the academic
35-6 achievement of pupils enrolled in the school and has substantial
35-7 promise of ensuring that the school makes adequate yearly
35-8 progress.
35-9 2. Before the board of trustees of a school district or the
35-10 Department takes action pursuant to subsection 1, the board of
35-11 trustees or the Department, as applicable, shall provide to the
35-12 administrators, teachers and other educational personnel
35-13 employed at that school, and the parents and guardians of pupils
35-14 enrolled in the school:
35-15 (a) Notice that a plan for restructuring will be carried out at
35-16 the school; and
35-17 (b) An opportunity to comment on the appropriate action that
35-18 should be carried out pursuant to subsection 1.
35-19 Sec. 28. 1. The requirements of subsection 3 of section 26
35-20 of this act do not apply to a Title I school designated as
35-21 demonstrating need for improvement for a fifth consecutive year
35-22 if:
35-23 (a) The school was designated as demonstrating need for
35-24 improvement for a fifth consecutive year pursuant to paragraph
35-25 (b) of subsection 4 of section 14 of this act; or
35-26 (b) The school was designated as demonstrating need for
35-27 improvement for a fifth consecutive year pursuant to paragraph
35-28 (a) of subsection 4 of section 14 of this act for failing to make
35-29 adequate yearly progress but the Department determines that the
35-30 failure is attributable to exceptional or uncontrollable
35-31 circumstances.
35-32 2. If an exception applies to a Title I school pursuant to
35-33 subsection 1 and:
35-34 (a) The school makes adequate yearly progress for a second
35-35 consecutive year and at least 60 percent of all pupils in all grades
35-36 enrolled at the school who took the examinations administered
35-37 pursuant to NRS 389.015 received an average score on those
35-38 examinations that is at least equal to the 26th percentile of the
35-39 national reference group to which the examinations were
35-40 compared, the designation of the school as demonstrating need for
35-41 improvement must be removed.
35-42 (b) The school fails to make adequate yearly progress in the
35-43 year immediately following the year in which the exception
35-44 applied or less than 60 percent of all pupils in all grades enrolled
35-45 at the school who took the examinations administered pursuant to
36-1 NRS 389.015 received an average score on those examinations
36-2 that is at least equal to the 26th percentile of the national
36-3 reference group to which the examinations were compared, the
36-4 Department shall designate the school as demonstrating need for
36-5 improvement for a sixth consecutive year and the school district or
36-6 the Department, as applicable, shall proceed with restructuring as
36-7 if the exception pursuant to subsection 1 never occurred.
36-8 Sec. 29. 1. The provisions of subsection 4 of section 26 of
36-9 this act do not apply to a public school designated as
36-10 demonstrating need for improvement for a fifth consecutive year
36-11 if:
36-12 (a) The school was designated as demonstrating need for
36-13 improvement for a fifth consecutive year pursuant to paragraph
36-14 (b) of subsection 4 of section 14 of this act; or
36-15 (b) The school was designated as demonstrating need for
36-16 improvement for a fifth consecutive year pursuant to paragraph
36-17 (a) of subsection 4 of section 14 of this act for failing to make
36-18 adequate yearly progress but the Department determines that the
36-19 failure is attributable to exceptional or uncontrollable
36-20 circumstances.
36-21 2. If an exception applies to a public school pursuant to
36-22 subsection 1 and:
36-23 (a) The school makes adequate yearly progress for a second
36-24 consecutive year and at least 60 percent of all pupils in all grades
36-25 enrolled at the school who took the examinations administered
36-26 pursuant to NRS 389.015 received an average score on those
36-27 examinations that is at least equal to the 26th percentile of the
36-28 national reference group to which the examinations were
36-29 compared, the designation of the school as demonstrating need for
36-30 improvement must be removed.
36-31 (b) The school fails to make adequate yearly progress in the
36-32 year immediately following the year in which the exception
36-33 applied or less than 60 percent of all pupils in all grades enrolled
36-34 at the school who took the examinations administered pursuant to
36-35 NRS 389.015 received an average score on those examinations
36-36 that is at least equal to the 26th percentile of the national
36-37 reference group to which the examinations were compared, the
36-38 Department shall designate the school as demonstrating need for
36-39 improvement for a sixth consecutive year and the school district or
36-40 the Department, as applicable, may proceed with restructuring as
36-41 if the exception pursuant to subsection 1 never occurred.
36-42 Sec. 30. 1. On or before January 1 of each year, the
36-43 Department shall determine whether each school district is
36-44 making adequate yearly progress, as defined by the State Board
36-45 pursuant to section 4 of this act. If a charter school is sponsored
37-1 by the board of trustees of a school district, the pupils who are
37-2 enrolled in the charter school must be included in the
37-3 determination made for that school district.
37-4 2. Except as otherwise provided in this subsection, the
37-5 Department shall determine that a school district has failed to
37-6 make adequate yearly progress if any subgroup of pupils identified
37-7 in paragraph (d) of subsection 1 of section 4 of this act who are
37-8 enrolled in the school district does not satisfy the annual
37-9 measurable objectives established by the State Board pursuant to
37-10 that section. To comply with 20 U.S.C. § 6311(b)(2)(I) and the
37-11 regulations adopted pursuant thereto, the State Board shall
37-12 prescribe by regulation the conditions under which a school
37-13 district shall be deemed to have made adequate yearly progress
37-14 even though a subgroup of pupils identified in paragraph (d) of
37-15 subsection 1 of section 4 of this act who are enrolled in the school
37-16 district did not satisfy the annual measurable objectives of the
37-17 State Board.
37-18 3. In addition to the provisions of subsection 2, the
37-19 Department shall determine that a school district has failed to
37-20 make adequate yearly progress if:
37-21 (a) The number of pupils enrolled in the school district who
37-22 took the examinations administered pursuant to NRS 389.015 and
37-23 389.550 is less than 95 percent of all pupils enrolled in the school
37-24 district who were required to take the examinations; or
37-25 (b) Except as otherwise provided in subsection 4, for each
37-26 subgroup of pupils identified in paragraph (d) of subsection 1 of
37-27 section 4 of this act, the number of pupils enrolled in the school
37-28 district who took the examinations administered pursuant to NRS
37-29 389.015 and 389.550 is less than 95 percent of all pupils in the
37-30 subgroup who were required to take the examinations.
37-31 4. If the number of pupils in a particular subgroup who are
37-32 enrolled in a school district is insufficient to yield statistically
37-33 reliable information:
37-34 (a) The Department shall not determine that the school district
37-35 has failed to make adequate yearly progress pursuant to
37-36 paragraph (b) of subsection 3 based solely upon that particular
37-37 subgroup.
37-38 (b) The pupils in such a subgroup must be included in the
37-39 overall count of pupils enrolled in the school district who took the
37-40 examinations.
37-41 The State Board shall prescribe the mechanism for determining
37-42 the minimum number of pupils that must be in a subgroup for that
37-43 subgroup to yield statistically reliable information.
38-1 Sec. 31. 1. The Department shall designate, on or before
38-2 January 1 of each year, each school district pursuant to section 32
38-3 of this act.
38-4 2. If the Department determines that a school district is
38-5 demonstrating need for improvement, the Department shall issue a
38-6 preliminary designation for that school district on January 1.
38-7 Before making a final designation for a school district, the
38-8 Department shall provide the school district an opportunity to
38-9 review the data upon which the proposed designation is based and
38-10 to present evidence as set forth in 20 U.S.C. § 6316(c)(5) and the
38-11 regulations adopted pursuant thereto. Not later than 30 days after
38-12 providing the school district an opportunity to review the data, the
38-13 Department shall make a final determination concerning the
38-14 designation of the school district.
38-15 3. On or before February 1 of each year, the Department
38-16 shall provide written notice of the determinations made pursuant
38-17 to section 30 of this act and the final designations made pursuant
38-18 to section 32 of this act as follows:
38-19 (a) The determinations made for all school districts in this
38-20 state to the:
38-21 (1) Governor;
38-22 (2) State Board;
38-23 (3) Committee; and
38-24 (4) Bureau.
38-25 (b) The determination made for a school district to the:
38-26 (1) Superintendent of schools of the school district; and
38-27 (2) Board of trustees of the school district.
38-28 4. On or before February 1 of each year, the Department
38-29 shall make public the results of the review of school districts
38-30 pursuant to this section and disseminate the results to school
38-31 personnel, parents and guardians, pupils and members of the
38-32 general public. The publication and distribution must be made in
38-33 the manner set forth in 20 U.S.C. § 6316(c)(1) and the regulations
38-34 adopted pursuant thereto.
38-35 Sec. 32. 1. Except as otherwise provided in paragraph (b)
38-36 of subsection 4, a school district must be designated as
38-37 demonstrating exemplary achievement if:
38-38 (a) The school district makes adequate yearly progress, as
38-39 determined by the Department pursuant to section 30 of this act;
38-40 and
38-41 (b) At least 50 percent of all pupils in all grades enrolled in
38-42 public schools in the school district who took the examinations
38-43 administered pursuant to NRS 389.015 received an average score
38-44 on those examinations that is at least equal to the 76th percentile
39-1 of the national reference group to which the examinations were
39-2 compared.
39-3 2. Except as otherwise provided in paragraph (b) of
39-4 subsection 4, a school district must be designated as demonstrating
39-5 high achievement if:
39-6 (a) The school district makes adequate yearly progress, as
39-7 determined by the Department pursuant to section 30 of this act;
39-8 and
39-9 (b) At least 40 percent of all pupils in all grades enrolled in
39-10 public schools in the school district who took the examinations
39-11 administered pursuant to NRS 389.015 received an average score
39-12 on those examinations that is at least equal to the 76th percentile
39-13 of the national reference group to which the examinations were
39-14 compared.
39-15 3. Except as otherwise provided in paragraph (b) of
39-16 subsection 4, a school district must be designated as demonstrating
39-17 adequate achievement if:
39-18 (a) The school district makes adequate yearly progress, as
39-19 determined by the Department pursuant to section 30 of this act;
39-20 and
39-21 (b) At least 60 percent of all pupils in all grades enrolled in
39-22 public schools in the school district who took the examinations
39-23 administered pursuant to NRS 389.015 received an average score
39-24 on those examinations that is at least equal to the 26th percentile
39-25 of the national reference group to which the examinations were
39-26 compared.
39-27 4. A school district must be designated as demonstrating need
39-28 for improvement if:
39-29 (a) The school district fails to make adequate yearly progress,
39-30 as determined by the Department pursuant to section 30 of this
39-31 act, or less than 60 percent of all pupils in all grades enrolled in
39-32 the school district who took the examinations administered
39-33 pursuant to NRS 389.015 received an average score on those
39-34 examinations that is at least equal to the 26th percentile of the
39-35 national reference group to which the examinations were
39-36 compared; or
39-37 (b) The school district makes adequate yearly progress, as
39-38 determined by the Department pursuant to section 30 of this act,
39-39 but was designated as demonstrating need for improvement
39-40 pursuant to paragraph (a) in the immediately preceding year for
39-41 failing to make adequate yearly progress.
39-42 5. If a school district is designated as demonstrating need for
39-43 improvement pursuant to paragraph (a) of subsection 4, the
39-44 designation of the school district as demonstrating need for
39-45 improvement must not be removed until:
40-1 (a) The school district has made adequate yearly progress for 2
40-2 consecutive years; and
40-3 (b) At least 60 percent of all pupils in all grades enrolled in the
40-4 school who take the examinations administered pursuant to NRS
40-5 389.015 receive an average score on those examinations that is at
40-6 least equal to the 26th percentile of the national reference group
40-7 to which the examinations were compared.
40-8 Sec. 33. 1. If a school district is designated as
40-9 demonstrating need for improvement pursuant to section 32 of this
40-10 act, the Department shall provide notice of the designation to the
40-11 parents and guardians of pupils enrolled in the school district on
40-12 the form prescribed by the Department pursuant to section 36 of
40-13 this act. The State Board shall prescribe by regulation the time by
40-14 which such notice must be provided.
40-15 2. If a school district is designated as demonstrating need for
40-16 improvement pursuant to section 32 of this act, the Department
40-17 and any other entity authorized by the Department, including,
40-18 without limitation, the Bureau, shall provide technical assistance
40-19 to the school district in the manner set forth in 20 U.S.C. §
40-20 6316(c)(9) and the regulations adopted pursuant thereto.
40-21 3. Except as otherwise provided in section 35 of this act, after
40-22 providing technical assistance pursuant to subsection 2, the
40-23 Department may take corrective action in the manner set forth in
40-24 20 U.S.C. § 6316(c)(10) and the regulations adopted pursuant
40-25 thereto against a school district that is designated as
40-26 demonstrating need for improvement, including, without
40-27 limitation, a school district that is not a Title I school district.
40-28 4. Except as otherwise provided in section 35 of this act, if a
40-29 Title I school district is designated as demonstrating need for
40-30 improvement for a third consecutive year, the Department shall
40-31 take corrective action as set forth in 20 U.S.C. § 6316(c)(10) and
40-32 the regulations adopted pursuant thereto against the school
40-33 district.
40-34 Sec. 34. 1. If corrective action for a school district is
40-35 required pursuant to 20 U.S.C. § 6316(c)(10) or if the Department
40-36 determines that corrective action is appropriate for a school
40-37 district pursuant to subsection 3 of section 33 of this act, the
40-38 Department shall take one or more of the following corrective
40-39 actions:
40-40 (a) Deferring money for programs or reducing money for
40-41 administrative purposes.
40-42 (b) Instituting and fully carrying out a new curriculum that is
40-43 based upon the standards of content and performance adopted by
40-44 the State Board pursuant to NRS 389.520, including, without
41-1 limitation, the provision of appropriate professional development
41-2 relating to the new curriculum.
41-3 (c) Replacing employees of the school district if the
41-4 Department determines that those employees contributed to the
41-5 failure of the school district to make adequate yearly progress.
41-6 (d) Removing particular schools within the school district from
41-7 the jurisdiction of the school district and establishing an
41-8 alternative system of governance and supervision for those
41-9 schools.
41-10 (e) Appointing a receiver or trustee to administer the affairs of
41-11 the school district.
41-12 (f) Taking appropriate steps to abolish the school district,
41-13 including, without limitation, making recommendations to the
41-14 Legislature for revisions to applicable statutes to abolish
41-15 the school district.
41-16 (g) Authorizing pupils to transfer from schools operated by the
41-17 school district to schools operated by another school district that
41-18 are not designated as demonstrating need for improvement.
41-19 2. Before carrying out corrective action pursuant to this
41-20 section, the Department shall provide notice to the board of
41-21 trustees of the school district and an opportunity for a hearing.
41-22 The Department shall continue to provide technical assistance
41-23 pursuant to subsection 2 of section 33 of this act during the time
41-24 that the corrective action is carried out.
41-25 3. If corrective action is taken against a school district
41-26 pursuant to this section, the Department shall, not later than 10
41-27 days after the corrective action is taken, provide notice to the
41-28 parents and guardians of pupils enrolled in the school district, the
41-29 Governor, the Committee, the Bureau and the general public
41-30 concerning the corrective action. The notice must comply with 20
41-31 U.S.C. § 6316(c)(10).
41-32 Sec. 35. 1. If a school district is designated as
41-33 demonstrating need for improvement pursuant to section 32 of this
41-34 act for a third consecutive year, the corrective action authorized by
41-35 subsection 3 of section 33 of this act and the corrective action
41-36 required by subsection 4 of section 33 of this act must not be
41-37 carried out against the school district if:
41-38 (a) The school district was designated as demonstrating need
41-39 for improvement for a third consecutive year pursuant to
41-40 paragraph (b) of subsection 4 of section 32 of this act; or
41-41 (b) The school district was designated as demonstrating need
41-42 for improvement for a third consecutive year pursuant to
41-43 paragraph (a) of subsection 4 of section 32 of this act for failing to
41-44 make adequate yearly progress but the Department determines
42-1 that the failure is attributable to exceptional or uncontrollable
42-2 circumstances.
42-3 2. If an exception applies to a school district pursuant to
42-4 subsection 1 and the school district:
42-5 (a) Makes adequate yearly progress for a second consecutive
42-6 year and at least 60 percent of all pupils in all grades enrolled in
42-7 public schools in the school district who took the examinations
42-8 administered pursuant to NRS 389.015 received an average score
42-9 on those examinations that is at least equal to the 26th percentile
42-10 of the national reference group to which the examinations were
42-11 compared, the designation of the school district as demonstrating
42-12 need for improvement must be removed.
42-13 (b) Fails to make adequate yearly progress in the year
42-14 immediately following the year in which the exception applied or
42-15 less than 60 percent of all pupils in all grades enrolled in public
42-16 schools in the school district who took the examinations
42-17 administered pursuant to NRS 389.015 received an average score
42-18 on those examinations that is at least equal to the 26th percentile
42-19 of the national reference group to which the examinations were
42-20 compared, the Department shall designate the school district as
42-21 demonstrating need for improvement for a fourth consecutive year
42-22 and:
42-23 (1) The corrective action authorized by subsection 3 of
42-24 section 33 of this act may be carried out against the school district
42-25 as if the exception pursuant to subsection 1 never occurred; or
42-26 (2) The corrective action required by subsection 4 of section
42-27 33 of this act this act must be carried out against the school
42-28 district as if the exception pursuant to subsection 1 never
42-29 occurred.
42-30 Sec. 36. 1. The Department shall prescribe a form for
42-31 notice to parents and guardians pursuant to section 15 of this act
42-32 concerning the designation of a public school as demonstrating
42-33 need for improvement for its first year of designation. The notice
42-34 must comply with 20 U.S.C. § 6316(b)(6) and the regulations
42-35 adopted pursuant thereto, excluding the provisions regarding
42-36 public school choice.
42-37 2. The Department shall prescribe a form for notice to
42-38 parents and guardians of pupils who are enrolled in Title I schools
42-39 and a form for notice to parents and guardians of pupils who are
42-40 not enrolled in Title I schools concerning the designation of a
42-41 public school as demonstrating need for improvement for 2 or
42-42 more consecutive years. The form prescribed for parents and
42-43 guardians of pupils enrolled in Title I schools must include the
42-44 provisions required by 20 U.S.C. § 6316(b)(6) concerning school
42-45 choice.
43-1 3. The Department shall prescribe a form for notice to
43-2 parents and guardians pursuant to section 33 of this act
43-3 concerning the designation of a school district as demonstrating
43-4 need for improvement. The notice must comply with 20 U.S.C. §
43-5 6316(b)(6) and the regulations adopted pursuant thereto.
43-6 Sec. 37. 1. The Department shall select, in the manner set
43-7 forth in 20 U.S.C. § 6316(e) and the regulations adopted pursuant
43-8 thereto, providers of supplemental educational services that must
43-9 be used by Title I schools designated as demonstrating need for
43-10 improvement pursuant to sections 20, 22 and 26 of this act. In
43-11 making a selection of providers, the Department shall consider the
43-12 recommendations submitted by the Committee pursuant to
43-13 NRS 218.5354.
43-14 2. The Department shall maintain an updated list of approved
43-15 providers throughout this state, categorized by the school districts
43-16 in which the supplemental educational services are offered.
43-17 Sec. 38. NRS 385.007 is hereby amended to read as follows:
43-18 385.007 As used in this title, unless the context otherwise
43-19 requires:
43-20 1. “Charter school” means a public school that is formed
43-21 pursuant to the provisions of NRS 386.500 to 386.610, inclusive[.] ,
43-22 and section 46 of this act.
43-23 2. “Department” means the Department of Education.
43-24 3. “Limited English proficient” has the meaning ascribed to
43-25 it in 20 U.S.C. § 7801(25).
43-26 4. “Public schools” means all kindergartens and elementary
43-27 schools, junior high schools and middle schools, high schools,
43-28 charter schools and any other schools, classes and educational
43-29 programs which receive their support through public taxation and,
43-30 except for charter schools, whose textbooks and courses of study are
43-31 under the control of the State Board.
43-32 [4.] 5. “State Board” means the State Board of Education.
43-33 Sec. 39. NRS 385.230 is hereby amended to read as follows:
43-34 385.230 1. The Superintendent of Public Instruction shall
43-35 report to the Governor biennially, on or before December 1, in the
43-36 year immediately preceding a regular session of the Legislature
43-37 concerning matters relating to education in this state[.] , including,
43-38 without limitation, an analysis of each annual report of
43-39 accountability prepared by the State Board pursuant to section 6
43-40 of this act in the immediately preceding 2 years.
43-41 2. The Superintendent of Public Instruction shall report to the
43-42 Legislature during each regular session of the Legislature
43-43 concerning matters relating to education in this state[.] , including,
43-44 without limitation, an analysis of each annual report of
44-1 accountability prepared by the State Board pursuant to section 6
44-2 of this act in the immediately preceding 2 years.
44-3 Sec. 40. NRS 385.3455 is hereby amended to read as follows:
44-4 385.3455 As used in NRS 385.3455 to 385.391, inclusive, and
44-5 sections 2 to 37, inclusive, of this act, unless the context otherwise
44-6 requires, the words and terms defined in NRS 385.346 and 385.3465
44-7 and sections 2 and 3 of this act have the meanings ascribed to them
44-8 in those sections.
44-9 Sec. 41. NRS 385.347 is hereby amended to read as follows:
44-10 385.347 1. The board of trustees of each school district in
44-11 this state, in cooperation with associations recognized by the State
44-12 Board as representing licensed personnel in education in the district,
44-13 shall adopt a program providing for the accountability of the school
44-14 district to the residents of the district and to the State Board for the
44-15 quality of the schools and the educational achievement of the pupils
44-16 in the district, including, without limitation, pupils enrolled in
44-17 charter schools in the school district. The board of trustees of a
44-18 school district shall report the information required by subsection 2
44-19 for each charter school within the school district, regardless of the
44-20 sponsor of the charter school.
44-21 2. The board of trustees of each school district shall, on or
44-22 before [March 31] April 1 of each year, [report to the residents of
44-23 the district] prepare an annual report of accountability concerning:
44-24 (a) The educational goals and objectives of the school district.
44-25 (b) Pupil achievement for [grades 4, 8, 10 and 11 for] each
44-26 school in the district and the district as a whole, including, without
44-27 limitation, each charter school in the district.[Unless otherwise
44-28 directed by the Department, the] The board of trustees of the district
44-29 shall base its report on the results of the examinations administered
44-30 pursuant to NRS 389.015 and 389.550 and shall compare the results
44-31 of those examinations for the current school year with those of
44-32 previous school years. The report must include, for each school in
44-33 the district, including, without limitation, each charter school in the
44-34 district, and each grade in which the examinations were
44-35 administered:
44-36 (1) The number of pupils who took the examinations;
44-37 (2) An explanation of instances in which a school was
44-38 exempt from administering or a pupil was exempt from taking an
44-39 examination; [and]
44-40 (3) A record of attendance for the period in which the
44-41 examinations were administered, including an explanation of any
44-42 difference in the number of pupils who took the examinations and
44-43 the number of pupils who are enrolled in the school[.
44-44 In addition, the board shall also report the results of other
44-45 examinations of pupil achievement administered to pupils in the
45-1 school district in grades other than 4, 8, 10 and 11. The results of
45-2 these examinations for the current school year must be compared
45-3 with those of previous school years.] ;
45-4 (4) Except as otherwise provided in this paragraph, pupil
45-5 achievement, reported separately by gender and reported
45-6 separately for the following subgroups of pupils:
45-7 (I) Pupils who are economically disadvantaged, as
45-8 defined by the State Board;
45-9 (II) Pupils from major racial and ethnic groups, as
45-10 defined by the State Board;
45-11 (III) Pupils with disabilities;
45-12 (IV) Pupils who are limited English proficient; and
45-13 (V) Pupils who are migratory children, as defined by the
45-14 State Board;
45-15 (5) A comparison of the achievement of pupils in each
45-16 subgroup identified in paragraph (d) of subsection 1 of section 4
45-17 of this act with the annual measurable objectives of the State
45-18 Board for that subgroup established pursuant to that section;
45-19 (6) The percentage of pupils who were not tested;
45-20 (7) Except as otherwise provided in this paragraph, the
45-21 percentage of pupils who were not tested, reported separately by
45-22 gender and reported separately for the subgroups identified in
45-23 subparagraph (4);
45-24 (8) The most recent 3-year trend in pupil achievement in
45-25 each subject area tested and each grade level tested pursuant to
45-26 NRS 389.015 and 389.550, which may include information
45-27 regarding the trend in the achievement of pupils for more than 3
45-28 years, if such information is available;
45-29 (9) Information that compares the results of pupils in the
45-30 school district, including, without limitation, pupils enrolled in
45-31 charter schools in the district, with the results of pupils
45-32 throughout this state. The information required by this
45-33 subparagraph must be provided in consultation with the
45-34 Department to ensure the accuracy of the comparison; and
45-35 (10) For each school in the district, including, without
45-36 limitation, each charter school in the district, information that
45-37 compares the results of pupils in the school with the results of
45-38 pupils throughout the school district and throughout this state.
45-39 The information required by this subparagraph must be provided
45-40 in consultation with the Department to ensure the accuracy of the
45-41 comparison.
45-42 A separate reporting for a subgroup of pupils must not be made
45-43 pursuant to this paragraph if the number of pupils in that
45-44 subgroup is insufficient to yield statistically reliable information
45-45 or the results would reveal personally identifiable information
46-1 about an individual pupil. The State Board shall prescribe the
46-2 mechanism for determining the minimum number of pupils that
46-3 must be in a subgroup for that subgroup to yield statistically
46-4 reliable information.
46-5 (c) The ratio of pupils to teachers in kindergarten and at each
46-6 grade level for each elementary school in the district and the district
46-7 as a whole, including, without limitation, each charter school in the
46-8 district, and the average class size for each [required course of
46-9 study] core academic subject, as set forth in NRS 389.018, for each
46-10 secondary school in the district and the district as a whole,
46-11 including, without limitation, each charter school in the district . [,
46-12 and other data concerning licensed and unlicensed employees of the
46-13 school district.
46-14 (d) The percentage of classes taught by teachers who have been
46-15 assigned to teach English, mathematics, science or social studies but
46-16 do not possess a license with an endorsement to teach in that subject
46-17 area, for each school in the district and the district as a whole,
46-18 including, without limitation, each charter school in the district.]
46-19 (d) Information on the professional qualifications of teachers
46-20 employed by each school in the district, including, without
46-21 limitation, each charter school in the district. The information
46-22 must include, without limitation:
46-23 (1) The percentage of teachers who are:
46-24 (I) Providing instruction pursuant to NRS 391.125;
46-25 (II) Providing instruction pursuant to a waiver of the
46-26 requirements for licensure for the grade level or subject area in
46-27 which the teachers are employed; or
46-28 (III) Otherwise providing instruction without an
46-29 endorsement for the subject area in which the teachers are
46-30 employed;
46-31 (2) The percentage of classes in the core academic subjects,
46-32 as set forth in NRS 389.018, that are not taught by highly qualified
46-33 teachers; and
46-34 (3) The percentage of classes in the core academic subjects,
46-35 as set forth in NRS 389.018, that are not taught by highly qualified
46-36 teachers in schools that are:
46-37 (I) In the top quartile of poverty in the district; and
46-38 (II) In the bottom quartile of poverty in the district.
46-39 (e) The total expenditure per pupil for each school in the district
46-40 and the district as a whole, including, without limitation, each
46-41 charter school in the district.
46-42 (f) The curriculum used by the school district, including:
46-43 (1) Any special programs for pupils at an individual school;
46-44 and
47-1 (2) The curriculum used by each charter school in the
47-2 district.
47-3 (g) Records of the attendance and truancy of pupils in all grades,
47-4 including, without limitation[, the] :
47-5 (1) The average daily attendance of pupils, for each school in
47-6 the district and the district as a whole, including, without limitation,
47-7 each charter school in the district.
47-8 (2) For each elementary school, middle school and junior
47-9 high school in the district, including, without limitation, each
47-10 charter school in the district that provides instruction to pupils
47-11 enrolled in a grade level other than high school, information that
47-12 compares the attendance of the pupils enrolled in the school with
47-13 the attendance of pupils throughout the district and throughout
47-14 this state. The information required by this subparagraph must be
47-15 provided in consultation with the Department to ensure the
47-16 accuracy of the comparison.
47-17 (h) The annual rate of pupils who drop out of school in grades 9
47-18 to 12, inclusive, for each such grade, for each school in the district
47-19 and for the district as a whole, excluding pupils who:
47-20 (1) Provide proof to the school district of successful
47-21 completion of the examinations of general educational development.
47-22 (2) Are enrolled in courses that are approved by the
47-23 Department as meeting the requirements for an adult standard
47-24 diploma.
47-25 (3) Withdraw from school to attend another school.
47-26 (i) Records of attendance of teachers who provide instruction,
47-27 for each school in the district and the district as a whole, including,
47-28 without limitation, each charter school in the district.
47-29 (j) Efforts made by the school district and by each school in the
47-30 district, including, without limitation, each charter school in the
47-31 district, to increase:
47-32 (1) Communication with the parents of pupils in the district;
47-33 and
47-34 (2) The participation of parents in the educational process
47-35 and activities relating to the school district and each school,
47-36 including, without limitation, the existence of parent organizations
47-37 and school advisory committees.
47-38 (k) Records of incidents involving weapons or violence for each
47-39 school in the district, including, without limitation, each charter
47-40 school in the district.
47-41 (l) Records of incidents involving the use or possession of
47-42 alcoholic beverages or controlled substances for each school in the
47-43 district, including, without limitation, each charter school in the
47-44 district.
48-1 (m) Records of the suspension and expulsion of pupils required
48-2 or authorized pursuant to NRS 392.466 and 392.467.
48-3 (n) The number of pupils who are deemed habitual disciplinary
48-4 problems pursuant to NRS 392.4655, for each school in the district
48-5 and the district as a whole, including, without limitation, each
48-6 charter school in the district.
48-7 (o) The number of pupils in each grade who are retained in the
48-8 same grade pursuant to NRS 392.033 or 392.125, for each school in
48-9 the district and the district as a whole, including, without limitation,
48-10 each charter school in the district.
48-11 (p) The transiency rate of pupils for each school in the district
48-12 and the district as a whole, including, without limitation, each
48-13 charter school in the district. For the purposes of this paragraph, a
48-14 pupil is not transient if he is transferred to a different school within
48-15 the school district as a result of a change in the zone of attendance
48-16 by the board of trustees of the school district pursuant to
48-17 NRS 388.040.
48-18 (q) Each source of funding for the school district.
48-19 (r) The amount and sources of money received for remedial
48-20 education for each school in the district and the district as a whole,
48-21 including, without limitation, each charter school in the district.
48-22 (s) For each high school in the district, including, without
48-23 limitation, each charter school in the district, the percentage of
48-24 pupils who graduated from that high school or charter school in the
48-25 immediately preceding year and enrolled in remedial courses in
48-26 reading, writing or mathematics at a university or community
48-27 college within the University and Community College System of
48-28 Nevada.
48-29 (t) The technological facilities and equipment available at each
48-30 school, including, without limitation, each charter school, and the
48-31 district’s plan to incorporate educational technology at each school.
48-32 (u) For each school in the district and the district as a whole,
48-33 including, without limitation, each charter school in the district, the
48-34 number and percentage of pupils who [graduate with:] received:
48-35 (1) A standard high school diploma.
48-36 (2) An adjusted diploma.
48-37 (3) A certificate of attendance.
48-38 (v) For each school in the district and the district as a whole,
48-39 including, without limitation, each charter school in the district, the
48-40 number and percentage of pupils who did not receive a high school
48-41 diploma because the pupils failed to pass the high school
48-42 proficiency examination.
48-43 (w) The number of habitual truants who are reported to a school
48-44 police officer or law enforcement agency pursuant to paragraph (a)
48-45 of subsection 2 of NRS 392.144 and the number of habitual truants
49-1 who are referred to an advisory board to review school attendance
49-2 pursuant to paragraph (b) of subsection 2 of NRS 392.144, for each
49-3 school in the district and for the district as a whole.
49-4 (x) The amount and sources of money received for the training
49-5 and professional development of teachers and other educational
49-6 personnel for each school in the district and for the district as a
49-7 whole, including, without limitation, each charter school in the
49-8 district.
49-9 (y) Whether the school district has made adequate yearly
49-10 progress. If the school district has been designated as
49-11 demonstrating need for improvement pursuant to section 32 of this
49-12 act, the report must include a statement indicating the number of
49-13 consecutive years the school district has carried that designation.
49-14 (z) Information on whether each public school in the district,
49-15 including, without limitation, each charter school in the district,
49-16 has made adequate yearly progress, including, without limitation:
49-17 (1) The number and percentage of schools in the district, if
49-18 any, that have been designated as needing improvement pursuant
49-19 to section 14 of this act; and
49-20 (2) The name of each school, if any, in the district that has
49-21 been designated as needing improvement pursuant to section 14 of
49-22 this act and the number of consecutive years that the school has
49-23 carried that designation.
49-24 (aa) Information on the paraprofessionals employed by each
49-25 public school in the district, including, without limitation, each
49-26 charter school in the district. The information must include:
49-27 (1) The number of paraprofessionals employed at the
49-28 school; and
49-29 (2) Whether each paraprofessional employed at the school
49-30 holds a certificate issued pursuant to section 88 of this act.
49-31 (bb) For each high school in the district, including, without
49-32 limitation, each charter school that operates as a high school,
49-33 information that provides a comparison of the rate of graduation
49-34 of pupils enrolled in the high school with the rate of graduation of
49-35 pupils throughout the district and throughout this state. The
49-36 information required by this paragraph must be provided in
49-37 consultation with the Department to ensure the accuracy of the
49-38 comparison.
49-39 (cc) An identification of the appropriations made by the
49-40 Legislature that are available to the school district or the schools
49-41 within the district and programs approved by the Legislature to
49-42 improve the academic achievement of pupils.
49-43 (dd) Such other information as is directed by the Superintendent
49-44 of Public Instruction.
50-1 3. The records of attendance maintained by a school for
50-2 purposes of paragraph (i) of subsection 2 must include the number
50-3 of teachers who are in attendance at school and the number of
50-4 teachers who are absent from school. A teacher shall be deemed in
50-5 attendance if the teacher is excused from being present in the
50-6 classroom by the school in which he is employed for one of
50-7 the following reasons:
50-8 (a) Acquisition of knowledge or skills relating to the
50-9 professional development of the teacher; or
50-10 (b) Assignment of the teacher to perform duties for cocurricular
50-11 or extracurricular activities of pupils.
50-12 4. The annual report of accountability prepared pursuant to
50-13 subsection 2 must:
50-14 (a) Comply with 20 U.S.C. § 6311(h)(2) and the regulations
50-15 adopted pursuant thereto;
50-16 (b) Be prepared in a concise manner; and
50-17 (c) Be presented in an understandable and uniform format
50-18 and to the extent practicable, provided in a language that parents
50-19 can understand.
50-20 5. The Superintendent of Public Instruction shall:
50-21 (a) Prescribe forms for the reports required pursuant to
50-22 subsection 2 and provide the forms to the respective school districts.
50-23 (b) Provide statistical information and technical assistance to the
50-24 school districts to ensure that the reports provide comparable
50-25 information with respect to each school in each district and among
50-26 the districts[.] throughout this state.
50-27 (c) Consult with a representative of the:
50-28 (1) Nevada State Education Association;
50-29 (2) Nevada Association of School Boards;
50-30 (3) Nevada Association of School Administrators;
50-31 (4) Nevada Parent [Teachers] Teacher Association;
50-32 (5) Budget Division of the Department of Administration;
50-33 and
50-34 (6) Legislative Counsel Bureau,
50-35 concerning the program and consider any advice or
50-36 recommendations submitted by the representatives with respect to
50-37 the program.
50-38 [5.] 6. The Superintendent of Public Instruction may consult
50-39 with representatives of parent groups other than the Nevada Parent
50-40 Teachers Association concerning the program and consider any
50-41 advice or recommendations submitted by the representatives with
50-42 respect to the program.
50-43 [6.] 7. On or before April [15] 1 of each year, the board of
50-44 trustees of each school district shall submit to [each] :
51-1 (a) Each advisory board to review school attendance created in
51-2 the county pursuant to NRS 392.126 the information required in
51-3 paragraph (g) of subsection 2.
51-4 (b) The Commission on Educational Technology created by
51-5 NRS 388.790 the information prepared by the board of trustees
51-6 pursuant to paragraph (t) of subsection 2.
51-7 8. On or before April 1 of each year, the board of trustees of
51-8 each school district shall:
51-9 (a) Submit the report required pursuant to subsection 2 to the:
51-10 (1) Governor;
51-11 (2) State Board;
51-12 (3) Department;
51-13 (4) Committee; and
51-14 (5) Bureau.
51-15 (b) Provide for public dissemination of the annual report of
51-16 accountability prepared pursuant to subsection 2 in the manner
51-17 set forth in 20 U.S.C. § 6311(h)(2)(E) to the schools in the school
51-18 district, including, without limitation, each charter school in the
51-19 district, the residents of the district, and the parents and guardians
51-20 of pupils enrolled in schools in the district, including, without
51-21 limitation, each charter school in the district.
51-22 9. As used in this section, “highly qualified” has the meaning
51-23 ascribed to it in 20 U.S.C. § 7801(23).
51-24 Sec. 42. NRS 385.347 is hereby amended to read as follows:
51-25 385.347 1. The board of trustees of each school district in
51-26 this state, in cooperation with associations recognized by the State
51-27 Board as representing licensed personnel in education in the district,
51-28 shall adopt a program providing for the accountability of the school
51-29 district to the residents of the district and to the State Board for the
51-30 quality of the schools and the educational achievement of the pupils
51-31 in the district, including, without limitation, pupils enrolled in
51-32 charter schools in the school district. The board of trustees of a
51-33 school district shall report the information required by subsection 2
51-34 for each charter school within the school district, regardless of the
51-35 sponsor of the charter school.
51-36 2. The board of trustees of each school district shall, on or
51-37 before April 1 of each year, prepare an annual report of
51-38 accountability concerning:
51-39 (a) The educational goals and objectives of the school district.
51-40 (b) Pupil achievement for each school in the district and the
51-41 district as a whole, including, without limitation, each charter school
51-42 in the district. The board of trustees of the district shall base its
51-43 report on the results of the examinations administered pursuant to
51-44 NRS 389.015 [and 389.550] and shall compare the results of those
51-45 examinations for the current school year with those of previous
52-1 school years. The report must include, for each school in the district,
52-2 including, without limitation, each charter school in the district, and
52-3 each grade in which the examinations were administered:
52-4 (1) The number of pupils who took the examinations;
52-5 (2) An explanation of instances in which a school was
52-6 exempt from administering or a pupil was exempt from taking an
52-7 examination;
52-8 (3) A record of attendance for the period in which the
52-9 examinations were administered, including an explanation of any
52-10 difference in the number of pupils who took the examinations and
52-11 the number of pupils who are enrolled in the school;
52-12 (4) Except as otherwise provided in this paragraph, pupil
52-13 achievement, reported separately by gender and reported separately
52-14 for the following subgroups of pupils:
52-15 (I) Pupils who are economically disadvantaged, as
52-16 defined by the State Board;
52-17 (II) Pupils from major racial and ethnic groups, as defined
52-18 by the State Board;
52-19 (III) Pupils with disabilities;
52-20 (IV) Pupils who are limited English proficient; and
52-21 (V) Pupils who are migratory children, as defined by the
52-22 State Board;
52-23 (5) A comparison of the achievement of pupils in each
52-24 subgroup identified in paragraph (d) of subsection 1 of section 4 of
52-25 this act with the annual measurable objectives of the State Board for
52-26 that subgroup established pursuant to that section;
52-27 (6) The percentage of pupils who were not tested;
52-28 (7) Except as otherwise provided in this paragraph, the
52-29 percentage of pupils who were not tested, reported separately by
52-30 gender and reported separately for the subgroups identified in
52-31 subparagraph (4);
52-32 (8) The most recent 3-year trend in pupil achievement in
52-33 each subject area tested and each grade level tested pursuant to NRS
52-34 389.015 ,[and 389.550,] which may include information regarding
52-35 the trend in the achievement of pupils for more than 3 years, if such
52-36 information is available;
52-37 (9) Information that compares the results of pupils in the
52-38 school district, including, without limitation, pupils enrolled in
52-39 charter schools in the district, with the results of pupils throughout
52-40 this state. The information required by this subparagraph must be
52-41 provided in consultation with the Department to ensure the accuracy
52-42 of the comparison; and
52-43 (10) For each school in the district, including, without
52-44 limitation, each charter school in the district, information that
52-45 compares the results of pupils in the school with the results of pupils
53-1 throughout the school district and throughout this state. The
53-2 information required by this subparagraph must be provided in
53-3 consultation with the Department to ensure the accuracy of the
53-4 comparison.
53-5 A separate reporting for a subgroup of pupils must not be made
53-6 pursuant to this paragraph if the number of pupils in that subgroup is
53-7 insufficient to yield statistically reliable information or the results
53-8 would reveal personally identifiable information about an individual
53-9 pupil. The State Board shall prescribe the mechanism for
53-10 determining the minimum number of pupils that must be in a
53-11 subgroup for that subgroup to yield statistically reliable information.
53-12 (c) The ratio of pupils to teachers in kindergarten and at each
53-13 grade level for each elementary school in the district and the district
53-14 as a whole, including, without limitation, each charter school in the
53-15 district, and the average class size for each core academic subject, as
53-16 set forth in NRS 389.018, for each secondary school in the district
53-17 and the district as a whole, including, without limitation, each
53-18 charter school in the district.
53-19 (d) Information on the professional qualifications of teachers
53-20 employed by each school in the district, including, without
53-21 limitation, each charter school in the district. The information must
53-22 include, without limitation:
53-23 (1) The percentage of teachers who are:
53-24 (I) Providing instruction pursuant to NRS 391.125;
53-25 (II) Providing instruction pursuant to a waiver of the
53-26 requirements for licensure for the grade level or subject area in
53-27 which the teachers are employed; or
53-28 (III) Otherwise providing instruction without an
53-29 endorsement for the subject area in which the teachers are
53-30 employed;
53-31 (2) The percentage of classes in the core academic subjects,
53-32 as set forth in NRS 389.018, that are not taught by highly qualified
53-33 teachers; and
53-34 (3) The percentage of classes in the core academic subjects,
53-35 as set forth in NRS 389.018, that are not taught by highly qualified
53-36 teachers in schools that are:
53-37 (I) In the top quartile of poverty in the district; and
53-38 (II) In the bottom quartile of poverty in the district.
53-39 (e) The total expenditure per pupil for each school in the district
53-40 and the district as a whole, including, without limitation, each
53-41 charter school in the district.
53-42 (f) The curriculum used by the school district, including:
53-43 (1) Any special programs for pupils at an individual school;
53-44 and
54-1 (2) The curriculum used by each charter school in the
54-2 district.
54-3 (g) Records of the attendance and truancy of pupils in all grades,
54-4 including, without limitation:
54-5 (1) The average daily attendance of pupils, for each school in
54-6 the district and the district as a whole, including, without limitation,
54-7 each charter school in the district.
54-8 (2) For each elementary school, middle school and junior
54-9 high school in the district, including, without limitation, each charter
54-10 school in the district that provides instruction to pupils enrolled in a
54-11 grade level other than high school, information that compares the
54-12 attendance of the pupils enrolled in the school with the attendance of
54-13 pupils throughout the district and throughout this state. The
54-14 information required by this subparagraph must be provided in
54-15 consultation with the Department to ensure the accuracy of the
54-16 comparison.
54-17 (h) The annual rate of pupils who drop out of school in grades 9
54-18 to 12, inclusive, for each such grade, for each school in the district
54-19 and for the district as a whole, excluding pupils who:
54-20 (1) Provide proof to the school district of successful
54-21 completion of the examinations of general educational development.
54-22 (2) Are enrolled in courses that are approved by the
54-23 Department as meeting the requirements for an adult standard
54-24 diploma.
54-25 (3) Withdraw from school to attend another school.
54-26 (i) Records of attendance of teachers who provide instruction,
54-27 for each school in the district and the district as a whole, including,
54-28 without limitation, each charter school in the district.
54-29 (j) Efforts made by the school district and by each school in the
54-30 district, including, without limitation, each charter school in the
54-31 district, to increase:
54-32 (1) Communication with the parents of pupils in the district;
54-33 and
54-34 (2) The participation of parents in the educational process
54-35 and activities relating to the school district and each school,
54-36 including, without limitation, the existence of parent organizations
54-37 and school advisory committees.
54-38 (k) Records of incidents involving weapons or violence for each
54-39 school in the district, including, without limitation, each charter
54-40 school in the district.
54-41 (l) Records of incidents involving the use or possession of
54-42 alcoholic beverages or controlled substances for each school in the
54-43 district, including, without limitation, each charter school in the
54-44 district.
55-1 (m) Records of the suspension and expulsion of pupils required
55-2 or authorized pursuant to NRS 392.466 and 392.467.
55-3 (n) The number of pupils who are deemed habitual disciplinary
55-4 problems pursuant to NRS 392.4655, for each school in the district
55-5 and the district as a whole, including, without limitation, each
55-6 charter school in the district.
55-7 (o) The number of pupils in each grade who are retained in the
55-8 same grade pursuant to NRS 392.033 or 392.125, for each school in
55-9 the district and the district as a whole, including, without limitation,
55-10 each charter school in the district.
55-11 (p) The transiency rate of pupils for each school in the district
55-12 and the district as a whole, including, without limitation, each
55-13 charter school in the district. For the purposes of this paragraph, a
55-14 pupil is not transient if he is transferred to a different school within
55-15 the school district as a result of a change in the zone of attendance
55-16 by the board of trustees of the school district pursuant to
55-17 NRS 388.040.
55-18 (q) Each source of funding for the school district.
55-19 (r) The amount and sources of money received for remedial
55-20 education for each school in the district and the district as a whole,
55-21 including, without limitation, each charter school in the district.
55-22 (s) For each high school in the district, including, without
55-23 limitation, each charter school in the district, the percentage of
55-24 pupils who graduated from that high school or charter school in the
55-25 immediately preceding year and enrolled in remedial courses in
55-26 reading, writing or mathematics at a university or community
55-27 college within the University and Community College System of
55-28 Nevada.
55-29 (t) The technological facilities and equipment available at each
55-30 school, including, without limitation, each charter school, and the
55-31 district’s plan to incorporate educational technology at each school.
55-32 (u) For each school in the district and the district as a whole,
55-33 including, without limitation, each charter school in the district, the
55-34 number and percentage of pupils who received:
55-35 (1) A standard high school diploma.
55-36 (2) An adjusted diploma.
55-37 (3) A certificate of attendance.
55-38 (v) For each school in the district and the district as a whole,
55-39 including, without limitation, each charter school in the district, the
55-40 number and percentage of pupils who did not receive a high
55-41 school diploma because the pupils failed to pass the high school
55-42 proficiency examination.
55-43 (w) The number of habitual truants who are reported to a school
55-44 police officer or law enforcement agency pursuant to paragraph (a)
55-45 of subsection 2 of NRS 392.144 and the number of habitual truants
56-1 who are referred to an advisory board to review school attendance
56-2 pursuant to paragraph (b) of subsection 2 of NRS 392.144, for each
56-3 school in the district and for the district as a whole.
56-4 (x) The amount and sources of money received for the training
56-5 and professional development of teachers and other educational
56-6 personnel for each school in the district and for the district as a
56-7 whole, including, without limitation, each charter school in the
56-8 district.
56-9 (y) Whether the school district has made adequate yearly
56-10 progress. If the school district has been designated as demonstrating
56-11 need for improvement pursuant to section 32 of this act, the report
56-12 must include a statement indicating the number of consecutive years
56-13 the school district has carried that designation.
56-14 (z) Information on whether each public school in the district,
56-15 including, without limitation, each charter school in the district, has
56-16 made adequate yearly progress, including, without limitation:
56-17 (1) The number and percentage of schools in the district, if
56-18 any, that have been designated as needing improvement pursuant to
56-19 section 14 of this act; and
56-20 (2) The name of each school, if any, in the district that has
56-21 been designated as needing improvement pursuant to section 14 of
56-22 this act and the number of consecutive years that the school has
56-23 carried that designation.
56-24 (aa) Information on the paraprofessionals employed by each
56-25 public school in the district, including, without limitation, each
56-26 charter school in the district. The information must include:
56-27 (1) The number of paraprofessionals employed at the school;
56-28 and
56-29 (2) Whether each paraprofessional employed at the school
56-30 holds a certificate issued pursuant to section 88 of this act.
56-31 (bb) For each high school in the district, including, without
56-32 limitation, each charter school that operates as a high school,
56-33 information that provides a comparison of the rate of graduation of
56-34 pupils enrolled in the high school with the rate of graduation of
56-35 pupils throughout the district and throughout this state. The
56-36 information required by this paragraph must be provided in
56-37 consultation with the Department to ensure the accuracy of the
56-38 comparison.
56-39 (cc) An identification of the appropriations made by the
56-40 Legislature that are available to the school district or the schools
56-41 within the district and programs approved by the Legislature to
56-42 improve the academic achievement of pupils.
56-43 (dd) Such other information as is directed by the Superintendent
56-44 of Public Instruction.
57-1 3. The records of attendance maintained by a school for
57-2 purposes of paragraph (i) of subsection 2 must include the number
57-3 of teachers who are in attendance at school and the number of
57-4 teachers who are absent from school. A teacher shall be deemed in
57-5 attendance if the teacher is excused from being present in the
57-6 classroom by the school in which he is employed for one of
57-7 the following reasons:
57-8 (a) Acquisition of knowledge or skills relating to the
57-9 professional development of the teacher; or
57-10 (b) Assignment of the teacher to perform duties for cocurricular
57-11 or extracurricular activities of pupils.
57-12 4. The annual report of accountability prepared pursuant to
57-13 subsection 2 must:
57-14 (a) Comply with 20 U.S.C. § 6311(h)(2) and the regulations
57-15 adopted pursuant thereto;
57-16 (b) Be prepared in a concise manner; and
57-17 (c) Be presented in an understandable and uniform format and to
57-18 the extent practicable, provided in a language that parents can
57-19 understand.
57-20 5. The Superintendent of Public Instruction shall:
57-21 (a) Prescribe forms for the reports required pursuant to
57-22 subsection 2 and provide the forms to the respective school districts.
57-23 (b) Provide statistical information and technical assistance to the
57-24 school districts to ensure that the reports provide comparable
57-25 information with respect to each school in each district and among
57-26 the districts throughout this state.
57-27 (c) Consult with a representative of the:
57-28 (1) Nevada State Education Association;
57-29 (2) Nevada Association of School Boards;
57-30 (3) Nevada Association of School Administrators;
57-31 (4) Nevada Parent Teachers Association;
57-32 (5) Budget Division of the Department of Administration;
57-33 and
57-34 (6) Legislative Counsel Bureau,
57-35 concerning the program and consider any advice or
57-36 recommendations submitted by the representatives with respect to
57-37 the program.
57-38 6. The Superintendent of Public Instruction may consult with
57-39 representatives of parent groups other than the Nevada Parent
57-40 Teachers Association concerning the program and consider any
57-41 advice or recommendations submitted by the representatives with
57-42 respect to the program.
57-43 7. On or before April 1 of each year, the board of trustees of
57-44 each school district shall submit to:
58-1 (a) Each advisory board to review school attendance created in
58-2 the county pursuant to NRS 392.126 the information required in
58-3 paragraph (g) of subsection 2.
58-4 (b) The Commission on Educational Technology created by
58-5 NRS 388.790 the information prepared by the board of trustees
58-6 pursuant to paragraph (t) of subsection 2.
58-7 8. On or before April 1 of each year, the board of trustees of
58-8 each school district shall:
58-9 (a) Submit the report required pursuant to subsection 2 to the:
58-10 (1) Governor;
58-11 (2) State Board;
58-12 (3) Department;
58-13 (4) Committee; and
58-14 (5) Bureau.
58-15 (b) Provide for public dissemination of the annual report of
58-16 accountability prepared pursuant to subsection 2 in the manner set
58-17 forth in 20 U.S.C. § 6311(h)(2)(E) to the schools in the school
58-18 district, including, without limitation, each charter school in the
58-19 district, the residents of the district, and the parents and guardians of
58-20 pupils enrolled in schools in the district, including, without
58-21 limitation, each charter school in the district.
58-22 9. As used in this section, “highly qualified” has the meaning
58-23 ascribed to it in 20 U.S.C. § 7801(23).
58-24 Sec. 43. NRS 385.359 is hereby amended to read as follows:
58-25 385.359 1. The Bureau shall contract with a person or entity
58-26 to:
58-27 (a) Review and analyze , [the information submitted to the
58-28 Bureau pursuant to NRS 385.351] in accordance with the standards
58-29 prescribed by the Committee pursuant to subsection 2 of NRS
58-30 218.5354[;] , the:
58-31 (1) Annual report of accountability prepared by:
58-32 (I) The State Board pursuant to section 6 of this act;
58-33 and
58-34 (II) The board of trustees of each school district
58-35 pursuant to NRS 385.347.
58-36 (2) Plan to improve the achievement of pupils prepared by:
58-37 (I) The State Board pursuant to section 7 of this act;
58-38 (II) The board of trustees of each school district
58-39 pursuant to section 8 of this act; and
58-40 (III) Each school pursuant to section 9 of this act
58-41 identified by the Bureau for review, if any.
58-42 (b) Submit a written report to and consult with the State Board
58-43 and the Department regarding any methods by which the State
58-44 Board may improve the accuracy of the report of accountability
58-45 required pursuant to section 6 of this act and the plan to improve
59-1 the achievement of pupils required pursuant to section 7 of this
59-2 act, and the purposes for which the report and plan to improve are
59-3 used.
59-4 (c) Submit a written report to and consult with each school
59-5 district regarding any methods by which the district may improve
59-6 the accuracy of the report required pursuant to subsection 2 of NRS
59-7 385.347 and the [written report and written procedure required
59-8 pursuant to NRS 385.351,] plan to improve the achievement of
59-9 pupils required pursuant to section 8 of this act, and the purposes
59-10 for which the [reports and
written procedure are used; and
59-11 (c)] report and plan
to improve are used.
59-12 (d) If requested by the Bureau, submit a written report to and
59-13 consult with individual schools identified by the Bureau regarding
59-14 any methods by which the school may improve the accuracy of the
59-15 information required to be reported for the school pursuant to
59-16 subsection 2 of NRS 385.347 and the plan to improve the
59-17 achievement of pupils required pursuant to section 9 of this act.
59-18 (e) Submit written reports and any recommendations to the
59-19 Committee and the Bureau concerning:
59-20 (1) The effectiveness of the provisions of NRS 385.3455 to
59-21 385.391, inclusive, and sections 2 to 37, inclusive, of this act in
59-22 improving the accountability of the schools of this state;
59-23 (2) The status of each school district that is designated as
59-24 demonstrating need for improvement pursuant to section 32 of this
59-25 act and each school that is designated as demonstrating need for
59-26 improvement pursuant to [NRS 385.367 and 385.368;] section 14 of
59-27 this act; and
59-28 (3) Any other matter related to the accountability of the
59-29 public schools of this state, as deemed necessary by the Bureau.
59-30 2. The consultant with whom the Bureau contracts to perform
59-31 the duties required pursuant to subsection 1[:
59-32 (a) Must] must possess the experience and knowledge necessary
59-33 to perform those duties, as determined by the Committee . [; and
59-34 (b) Shall complete those duties within 6 months after the Bureau
59-35 provides to the consultant the report required pursuant to subsection
59-36 2 of NRS 385.347 and the written report and written procedure
59-37 required pursuant to NRS 385.351.]
59-38 Sec. 44. NRS 385.389 is hereby amended to read as follows:
59-39 385.389 1. The Department shall adopt programs of remedial
59-40 study for each subject tested on the examinations administered
59-41 pursuant to NRS 389.015[.] , including, without limitation,
59-42 programs that are designed for pupils who are limited English
59-43 proficient. The programs adopted for pupils who are limited
59-44 English proficient must be designed to:
59-45 (a) Improve the academic achievement of those pupils; or
60-1 (b) Assist those pupils with attaining proficiency in the English
60-2 language.
60-3 In adopting these programs of remedial study, the Department shall
60-4 consider the recommendations submitted by the Committee pursuant
60-5 to NRS 218.5354 and programs of remedial study that have proven
60-6 to be successful in improving the academic achievement of pupils.
60-7 2. [A] Except as otherwise provided in section 12 of this act, a
60-8 school that receives a designation as demonstrating need for
60-9 improvement pursuant to [paragraph (a) of subsection 1 of NRS
60-10 385.367] section 14 of this act shall adopt a program of remedial
60-11 study that has been adopted by the Department pursuant to
60-12 subsection 1.
60-13 3. [A] Except as otherwise provided in section 12 of this act, a
60-14 school district that includes a school which receives a designation of
60-15 demonstrating need for improvement pursuant to [paragraph (a) of
60-16 subsection 1 of NRS 385.367] section 14 of this act shall ensure
60-17 that each of the pupils enrolled in the school who failed to
60-18 demonstrate at least adequate achievement on the examinations
60-19 administered pursuant to NRS 389.015 completes, in accordance
60-20 with the requirements set forth in subsection [5] 4 of NRS 389.015,
60-21 remedial study that is determined to be appropriate for the pupil.
60-22 Sec. 45. NRS 385.391 is hereby amended to read as follows:
60-23 385.391 1. The Department shall adopt:
60-24 [1.] (a) Regulations to provide for the recognition of schools
60-25 that [receive] :
60-26 (1) Receive a designation as demonstrating exemplary
60-27 achievement or high achievement pursuant to [NRS 385.365;
60-28 2.
Regulations which prescribe the factors
that the Department
60-29 will consider in determining
whether to grant a waiver from the
60-30 establishment of a panel to supervise
the academic probation of a
60-31 school pursuant to NRS 385.378,
including, without limitation,
60-32 criteria for determining whether:
60-33 (a)
A school has significantly improved for the purpose of
60-34 subsection 3 of NRS 385.378; and
60-35 (b)
The number of pupils enrolled in a school who take the
60-36 examinations required pursuant to
NRS 389.015 has significantly
60-37 increased for the purpose of
subsection 4 of NRS 385.378; and
60-38 3.] section 14 of
this act.
60-39 (2) Significantly improve the academic achievement of
60-40 subgroups of pupils identified in paragraph (d) of subsection 1 of
60-41 section 4 of this act.
60-42 (3) Exceed adequate yearly progress, as determined by the
60-43 Department pursuant to section 10 of this act, for 2 or more
60-44 consecutive years.
61-1 (b) Such regulations as it deems necessary to carry out the
61-2 provisions of this section and NRS 385.3455 to [385.386,] 385.391,
61-3 inclusive, and sections 2 to 37 inclusive, of this act, including,
61-4 without limitation, uniform standards for the type and format of data
61-5 that must be submitted by the school districts and the time by which
61-6 such data must be submitted.
61-7 2. The Department may work in consultation with the Bureau
61-8 for identifying and publicizing the achievement of schools that are
61-9 recognized pursuant to paragraph (a) of subsection 1.
61-10 Sec. 46. Chapter 386 of NRS is hereby amended by adding
61-11 thereto a new section to read as follows:
61-12 A person who is initially hired by a charter school on or after
61-13 July 1, 2004, to perform a duty of a paraprofessional, as defined in
61-14 section 84 of this act, must hold a certificate as a paraprofessional
61-15 issued pursuant to section 88 of this act. For the purposes of this
61-16 section, a person is not “initially hired” if he has been employed
61-17 as a paraprofessional by another school district or charter school
61-18 in this state without an interruption in employment before the date
61-19 of hire by his current employer.
61-20 Sec. 47. NRS 386.500 is hereby amended to read as follows:
61-21 386.500 For the purposes of NRS 386.500 to 386.610,
61-22 inclusive, and section 46 of this act, a pupil is “at risk” if he has an
61-23 economic or academic disadvantage such that he requires special
61-24 services and assistance to enable him to succeed in educational
61-25 programs. The term includes, without limitation, pupils who are
61-26 members of economically disadvantaged families, pupils [with
61-27 limited proficiency in the English language,] who are limited
61-28 English proficient, pupils who are at risk of dropping out of high
61-29 school and pupils who do not meet minimum standards of academic
61-30 proficiency. The term does not include a pupil with a disability.
61-31 Sec. 48. NRS 386.505 is hereby amended to read as follows:
61-32 386.505 The Legislature declares that by authorizing the
61-33 formation of charter schools it is not authorizing:
61-34 1. [The] Except as otherwise provided in section 27 of this
61-35 act, the conversion of an existing public school, home school or
61-36 other program of home study to a charter school.
61-37 2. A means for providing financial assistance for private
61-38 schools or programs of home study. The provisions of this
61-39 subsection do not preclude a private school from ceasing to operate
61-40 as a private school and reopening as a charter school in compliance
61-41 with the provisions of NRS 386.500 to 386.610, inclusive[.] , and
61-42 section 46 of this act.
61-43 3. The formation of charter schools on the basis of a single
61-44 race, religion or ethnicity.
62-1 Sec. 49. NRS 386.506 is hereby amended to read as follows:
62-2 386.506 [The] Except as otherwise provided in section 27 of
62-3 this act, the provisions of NRS 386.500 to 386.610, inclusive, and
62-4 section 46 of this act do not authorize an existing public school,
62-5 home school or other program of home study to convert to a charter
62-6 school.
62-7 Sec. 50. NRS 386.520 is hereby amended to read as follows:
62-8 386.520 1. A committee to form a charter school must
62-9 consist of at least three teachers, as defined in subsection 4. In
62-10 addition to the teachers who serve, the committee may consist of:
62-11 (a) Members of the general public;
62-12 (b) Representatives of nonprofit organizations and businesses;
62-13 or
62-14 (c) Representatives of a college or university within the
62-15 University and Community College System of Nevada.
62-16 A majority of the persons described in paragraphs (a), (b) and (c)
62-17 who serve on the committee must be residents of this state at the
62-18 time that the application to form the charter school is submitted to
62-19 the Department.
62-20 2. Before a committee to form a charter school may submit an
62-21 application to the board of trustees of a school district, the
62-22 Subcommittee on Charter Schools or the State Board, it must submit
62-23 the application to the Department. The application must include all
62-24 information prescribed by the Department by regulation and:
62-25 (a) A written description of how the charter school will carry out
62-26 the provisions of NRS 386.500 to 386.610, inclusive[.] , and
62-27 section 46 of this act.
62-28 (b) A written description of the mission and goals for the charter
62-29 school. A charter school must have as its stated purpose at least one
62-30 of the following goals:
62-31 (1) Improving the opportunities for pupils to learn;
62-32 (2) Encouraging the use of effective methods of teaching;
62-33 (3) Providing an accurate measurement of the educational
62-34 achievement of pupils;
62-35 (4) Establishing accountability of public schools;
62-36 (5) Providing a method for public schools to measure
62-37 achievement based upon the performance of the schools; or
62-38 (6) Creating new professional opportunities for teachers.
62-39 (c) The projected enrollment of pupils in the charter school.
62-40 (d) The proposed dates of enrollment for the charter school.
62-41 (e) The proposed system of governance for the charter
62-42 school, including, without limitation, the number of persons who
62-43 will govern, the method of selecting the persons who will govern
62-44 and the term of office for each person.
63-1 (f) The method by which disputes will be resolved between the
63-2 governing body of the charter school and the sponsor of the charter
63-3 school.
63-4 (g) The proposed curriculum for the charter school and, if
63-5 applicable to the grade level of pupils who are enrolled in the
63-6 charter school, the requirements for the pupils to receive a high
63-7 school diploma, including, without limitation, whether those pupils
63-8 will satisfy the requirements of the school district in which the
63-9 charter school is located for receipt of a high school diploma.
63-10 (h) The textbooks that will be used at the charter school.
63-11 (i) The qualifications of the persons who will provide instruction
63-12 at the charter school.
63-13 (j) Except as otherwise required by NRS 386.595, the process by
63-14 which the governing body of the charter school will negotiate
63-15 employment contracts with the employees of the charter school.
63-16 (k) A financial plan for the operation of the charter school. The
63-17 plan must include, without limitation, procedures for the audit of the
63-18 programs and finances of the charter school and guidelines for
63-19 determining the financial liability if the charter school is
63-20 unsuccessful.
63-21 (l) A statement of whether the charter school will provide for the
63-22 transportation of pupils to and from the charter school. If the charter
63-23 school will provide transportation, the application must include the
63-24 proposed plan for the transportation of pupils. If the charter school
63-25 will not provide transportation, the application must include a
63-26 statement that the charter school will work with the parents and
63-27 guardians of pupils enrolled in the charter school to develop a plan
63-28 for transportation to ensure that pupils have access to transportation
63-29 to and from the charter school.
63-30 (m) The procedure for the evaluation of teachers of the charter
63-31 school, if different from the procedure prescribed in NRS 391.3125.
63-32 If the procedure is different from the procedure prescribed in NRS
63-33 391.3125, the procedure for the evaluation of teachers of the charter
63-34 school must provide the same level of protection and otherwise
63-35 comply with the standards for evaluation set forth in NRS 391.3125.
63-36 (n) The time by which certain academic or educational results
63-37 will be achieved.
63-38 (o) The kind of school, as defined in subsections 1 to 4,
63-39 inclusive, of NRS 388.020, for which the charter school intends to
63-40 operate.
63-41 3. The Department shall review an application to form a charter
63-42 school to determine whether it is complete. [If] Except as otherwise
63-43 provided in section 27 of this act, if an application proposes to
63-44 convert an existing public school, home school or other program of
63-45 home study into a charter school, the Department shall deny the
64-1 application. The Department shall provide written notice to
64-2 the applicant of its approval or denial of the application. If the
64-3 Department denies an application, the Department shall include in
64-4 the written notice the reason for the denial and the deficiencies in
64-5 the application. The applicant must be granted 30 days after receipt
64-6 of the written notice to correct any deficiencies identified in the
64-7 written notice and resubmit the application.
64-8 4. As used in subsection 1, “teacher” means a person who:
64-9 (a) Holds a current license to teach issued pursuant to chapter
64-10 391 of NRS; and
64-11 (b) Has at least 2 years of experience as an employed
64-12 teacher.
64-13 The term does not include a person who is employed as a substitute
64-14 teacher.
64-15 Sec. 51. NRS 386.550 is hereby amended to read as follows:
64-16 386.550 1. A charter school shall:
64-17 (a) Comply with all laws and regulations relating to
64-18 discrimination and civil rights.
64-19 (b) Remain nonsectarian, including, without limitation, in its
64-20 educational programs, policies for admission and employment
64-21 practices.
64-22 (c) Refrain from charging tuition or fees, levying taxes or
64-23 issuing bonds.
64-24 (d) Comply with any plan for desegregation ordered by a court
64-25 that is in effect in the school district in which the charter school is
64-26 located.
64-27 (e) Comply with the provisions of chapter 241 of NRS.
64-28 (f) Except as otherwise provided in this paragraph, schedule and
64-29 provide annually at least as many days of instruction as are required
64-30 of other public schools located in the same school district as the
64-31 charter school is located. The governing body of a charter school
64-32 may submit a written request to the Superintendent of Public
64-33 Instruction for a waiver from providing the days of instruction
64-34 required by this paragraph. The Superintendent of Public Instruction
64-35 may grant such a request if the governing body demonstrates to the
64-36 satisfaction of the Superintendent that:
64-37 (1) Extenuating circumstances exist to justify the waiver; and
64-38 (2) The charter school will provide at least as many hours or
64-39 minutes of instruction as would be provided under a program
64-40 consisting of 180 days.
64-41 (g) Cooperate with the board of trustees of the school district in
64-42 the administration of the achievement and proficiency examinations
64-43 administered pursuant to NRS 389.015 [and the examinations
64-44 required pursuant to NRS 389.550] to the pupils who are enrolled in
64-45 the charter school.
65-1 (h) Comply with applicable statutes and regulations governing
65-2 the achievement and proficiency of pupils in this state.
65-3 (i) Provide instruction in the core academic subjects set forth in
65-4 subsection 1 of NRS 389.018, as applicable for the grade levels of
65-5 pupils who are enrolled in the charter school, and provide at least
65-6 the courses of study that are required of pupils by statute or
65-7 regulation for promotion to the next grade or graduation from a
65-8 public high school and require the pupils who are enrolled in the
65-9 charter school to take those courses of study. This paragraph does
65-10 not preclude a charter school from offering, or requiring the pupils
65-11 who are enrolled in the charter school to take, other courses of study
65-12 that are required by statute or regulation.
65-13 (j) If the parent or legal guardian of a child submits an
65-14 application to enroll in kindergarten, first grade or second grade at
65-15 the charter school, comply with NRS 392.040 regarding the ages for
65-16 enrollment in those grades.
65-17 (k) Refrain from using public money to purchase real property
65-18 or buildings without the approval of the sponsor.
65-19 (l) Hold harmless, indemnify and defend the sponsor of the
65-20 charter school against any claim or liability arising from an act or
65-21 omission by the governing body of the charter school or an
65-22 employee or officer of the charter school. An action at law may not
65-23 be maintained against the sponsor of a charter school for any cause
65-24 of action for which the charter school has obtained liability
65-25 insurance.
65-26 (m) Provide written notice to the parents or legal guardians of
65-27 pupils in grades 9 to 12, inclusive, who are enrolled in the charter
65-28 school of whether the charter school is accredited by the
65-29 Commission on Schools of the Northwest Association of Schools
65-30 and Colleges.
65-31 (n) Adopt a final budget in accordance with the regulations
65-32 adopted by the Department. A charter school is not required to adopt
65-33 a final budget pursuant to NRS 354.598 or otherwise comply with
65-34 the provisions of chapter 354 of NRS.
65-35 (o) If the charter school provides a program of distance
65-36 education pursuant to NRS 388.820 to 388.874, inclusive, comply
65-37 with all statutes and regulations that are applicable to a program of
65-38 distance education for purposes of the operation of the program.
65-39 2. A charter school shall not provide instruction through a
65-40 program of distance education to children who are exempt from
65-41 compulsory attendance authorized by the State Board pursuant to
65-42 subsection 1 of NRS 392.070. As used in this subsection, “distance
65-43 education” has the meaning ascribed to it in NRS 388.826.
66-1 Sec. 52. NRS 386.560 is hereby amended to read as follows:
66-2 386.560 1. The governing body of a charter school may
66-3 contract with the board of trustees of the school district in which the
66-4 charter school is located or the University and Community College
66-5 System of Nevada for the provision of facilities to operate the
66-6 charter school or to perform any service relating to the operation of
66-7 the charter school, including, without limitation, transportation and
66-8 the provision of health services for the pupils who are enrolled in
66-9 the charter school.
66-10 2. A charter school may use any public facility located within
66-11 the school district in which the charter school is located. [A] Except
66-12 as otherwise provided in this subsection, a charter school may use
66-13 school buildings owned by the school district only upon approval of
66-14 the board of trustees of the school district and during times that are
66-15 not regular school hours. The approval of the board of trustees is
66-16 not required and the restrictions on time do not apply to a charter
66-17 school that is opened pursuant to section 27 of this act.
66-18 3. The board of trustees of a school district may donate surplus
66-19 personal property of the school district to a charter school that is
66-20 located within the school district.
66-21 4. Except as otherwise provided in this subsection, upon the
66-22 request of a parent or legal guardian of a pupil who is enrolled in a
66-23 charter school, the board of trustees of the school district in which
66-24 the charter school is located shall authorize the pupil to participate
66-25 in a class that is not available to the pupil at the charter school or
66-26 participate in an extracurricular activity, excluding sports, at a
66-27 public school within the school district if:
66-28 (a) Space for the pupil in the class or extracurricular activity is
66-29 available; and
66-30 (b) The parent or legal guardian demonstrates to the satisfaction
66-31 of the board of trustees that the pupil is qualified to participate in the
66-32 class or extracurricular activity.
66-33 If the board of trustees of a school district authorizes a pupil to
66-34 participate in a class or extracurricular activity, excluding sports,
66-35 pursuant to this subsection, the board of trustees is not required to
66-36 provide transportation for the pupil to attend the class or activity.
66-37 The provisions of this subsection do not apply to a pupil who is
66-38 enrolled in a charter school and who desires to participate on a part-
66-39 time basis in a program of distance education provided by the board
66-40 of trustees of a school district pursuant to NRS 388.820 to 388.874,
66-41 inclusive. Such a pupil must comply with NRS 388.858.
66-42 5. Upon the request of a parent or legal guardian of a pupil who
66-43 is enrolled in a charter school, the board of trustees of the school
66-44 district in which the charter school is located shall authorize the
66-45 pupil to participate in sports at the public school that he would
67-1 otherwise be required to attend within the school district, or upon
67-2 approval of the board of trustees, any public school within the same
67-3 zone of attendance as the charter school if:
67-4 (a) Space is available for the pupil to participate; and
67-5 (b) The parent or legal guardian demonstrates to the satisfaction
67-6 of the board of trustees that the pupil is qualified to
67-7 participate.
67-8 If the board of trustees of a school district authorizes a pupil to
67-9 participate in sports pursuant to this subsection, the board of trustees
67-10 is not required to provide transportation for the pupil to participate.
67-11 6. The board of trustees of a school district may revoke its
67-12 approval for a pupil to participate in a class, extracurricular activity
67-13 or sports at a public school pursuant to subsections 4 and 5 if the
67-14 board of trustees or the public school determines that the pupil has
67-15 failed to comply with applicable statutes, or applicable rules and
67-16 regulations of the board of trustees, the public school or an
67-17 association for interscholastic activities. If the board of trustees so
67-18 revokes its approval, neither the board of trustees nor the public
67-19 school are liable for any damages relating to the denial of services to
67-20 the pupil.
67-21 Sec. 53. NRS 386.590 is hereby amended to read as follows:
67-22 386.590 1. Except as otherwise provided in this subsection,
67-23 at least 70 percent of the teachers who provide instruction at a
67-24 charter school must be licensed teachers. If a charter school is a
67-25 vocational school, the charter school shall, to the extent practicable,
67-26 ensure that at least 70 percent of the teachers who provide
67-27 instruction at the school are licensed teachers, but in no event may
67-28 more than 50 percent of the teachers who provide instruction at the
67-29 school be unlicensed teachers.
67-30 2. A governing body of a charter school shall employ:
67-31 (a) If the charter school offers instruction in kindergarten or
67-32 grade 1, 2, 3, 4 or 5, a licensed teacher to teach pupils who are
67-33 enrolled in those grades.
67-34 (b) [If] Except as otherwise provided in subsections 3 and 4, if
67-35 the charter school offers instruction in grade 6, 7, 8, 9, 10, 11 or 12,
67-36 a licensed teacher to teach pupils who are enrolled in those grades
67-37 for the following courses of study:
67-38 (1) English, including reading, composition and writing;
67-39 (2) Mathematics;
67-40 (3) Science; and
67-41 (4) Social studies, which includes only the subjects of
67-42 history, geography, economics and government.
67-43 (c) In addition to the requirements of paragraphs (a) and (b):
68-1 (1) If a charter school specializes in arts and humanities,
68-2 physical education or health education, a licensed teacher to teach
68-3 those courses of study.
68-4 (2) If a charter school specializes in the construction industry
68-5 or other building industry, licensed teachers to teach courses of
68-6 study relating to the industry if those teachers are employed full
68-7 time.
68-8 (3) If a charter school specializes in the construction industry
68-9 or other building industry and the school offers courses of study in
68-10 computer education, technology or business, licensed teachers to
68-11 teach those courses of study if those teachers are employed full
68-12 time.
68-13 3. A teacher who is initially hired on or after January 1,
68-14 2006, by a charter school that operates as a middle school or
68-15 junior high school as set forth in its written charter must hold a
68-16 license to teach middle school or junior high school education, a
68-17 license to teach secondary education or otherwise possess the
68-18 qualifications required by 20 U.S.C. § 6319(a) if he teaches one or
68-19 more of the following subjects in grade 7, 8 or 9:
68-20 (a) English, reading or language arts;
68-21 (b) Mathematics;
68-22 (c) Science;
68-23 (d) Foreign language;
68-24 (e) Civics or government;
68-25 (f) Economics;
68-26 (g) Geography;
68-27 (h) History; or
68-28 (i) The arts.
68-29 4. A teacher who is initially hired on or after January 1,
68-30 2006, by a charter school that operates as a high school as set
68-31 forth in its written charter must hold a license to teach secondary
68-32 education or otherwise possess the qualifications required by 20
68-33 U.S.C. § 6319(a) if he teaches one or more of the subjects set forth
68-34 in subsection 3.
68-35 5. A charter school may employ a person who is not licensed
68-36 pursuant to the provisions of chapter 391 of NRS to teach a course
68-37 of study for which a licensed teacher is not required pursuant to
68-38 [subsection 2] subsections 2, 3 and 4 if the person has:
68-39 (a) A degree, a license or a certificate in the field for which he is
68-40 employed to teach at the charter school; and
68-41 (b) At least 2 years of experience in that field.
68-42 [4.] 6. A charter school may employ such administrators for
68-43 the school as it deems necessary. A person employed as an
68-44 administrator must possess:
69-1 (a) A master’s degree in school administration, public
69-2 administration or business administration; or
69-3 (b) If the person has at least 5 years of experience in
69-4 administration, a baccalaureate degree.
69-5 [5.] 7. A charter school shall not employ a person pursuant to
69-6 this section if his license to teach or provide other educational
69-7 services has been revoked or suspended in this state or another state.
69-8 [6.] 8. On or before November 15 of each year, a charter
69-9 school shall submit to the Department, in a format prescribed by the
69-10 Superintendent of Public Instruction, the following information for
69-11 each licensed employee who is employed by the governing body on
69-12 October 1 of that year:
69-13 (a) The amount of salary of the employee; and
69-14 (b) The designated assignment, as that term is defined by the
69-15 Department, of the employee.
69-16 9. For the purposes of subsections 3 and 4, a person is not
69-17 “initially hired” if he has been employed as a licensed teacher by
69-18 another school district or charter school in this state without an
69-19 interruption in employment before the date of hire by his current
69-20 employer.
69-21 Sec. 54. NRS 386.605 is hereby amended to read as follows:
69-22 386.605 1. On or before January 1 of each year, the
69-23 governing body of each charter school shall submit the information
69-24 concerning the charter school that is required pursuant to subsection
69-25 2 of NRS 385.347 to the board of trustees of the school district in
69-26 which the charter school is located, regardless of the sponsor of the
69-27 charter school, for inclusion in the report of the school district
69-28 pursuant to that section. The information must be submitted by the
69-29 charter school in a format prescribed by the board of trustees.
69-30 2. On or before April [15] 1 of each year, the governing body
69-31 of each charter school shall submit the information applicable to the
69-32 charter school that is contained in the report pursuant to paragraph
69-33 (t) of subsection 2 of NRS 385.347 to the Commission on
69-34 Educational Technology created pursuant to NRS 388.790.
69-35 3. [On or before June 15 of each year, the governing body of
69-36 each charter school shall prepare a:
69-37 (a) Separate written report summarizing the effectiveness of the
69-38 charter school’s program of accountability. The report must include:
69-39 (1) A review and analysis of the data upon which the report
69-40 required pursuant to subsection 2 of NRS 385.347 is based and a
69-41 review and analysis of any data that is more recent than the data
69-42 upon which the report is based;
69-43 (2) The identification of any problems or factors at the
69-44 charter school that are revealed by the review and analysis; and
70-1 (3) A summary of the efforts that the governing body has
70-2 made or intends to make to ensure that the teachers and other
70-3 educational personnel employed by the governing body receive
70-4 training and other professional development in:
70-5 (I) The standards of content and performance established
70-6 by the Council to Establish Academic Standards for Public Schools
70-7 pursuant to NRS 389.520;
70-8 (II) The assessment and measurement of pupil
70-9 achievement and the effective methods to analyze the test results
70-10 and scores of pupils to improve the achievement and proficiency of
70-11 pupils; and
70-12 (III) Specific content areas to enable the teachers and
70-13 other educational personnel to provide a higher level of instruction
70-14 in their respective fields of teaching.
70-15 (b) Written procedure to improve the achievement of pupils who
70-16 are enrolled in the charter school, including, but not limited to, a
70-17 description of the efforts the governing body has made to correct
70-18 any deficiencies identified in the written report required pursuant to
70-19 paragraph (a). The written procedure must describe sources of data
70-20 that will be used by the governing body to evaluate the effectiveness
70-21 of the written procedure.
70-22 4. On or before June 15 of each year, the governing body of
70-23 each charter school shall submit copies of the written report and
70-24 written procedure required pursuant to subsection 3 to the:
70-25 (a) Governor;
70-26 (b) State Board;
70-27 (c) Department;
70-28 (d) Legislative Committee on Education created pursuant to
70-29 NRS 218.5352;
70-30 (e) Legislative Bureau of Educational Accountability and
70-31 Program Evaluation created pursuant to NRS 218.5356; and
70-32 (f) Board of trustees of the school district in which the charter
70-33 school is located.
70-34 5. The Department shall maintain a record of the information
70-35 that it receives from each charter school pursuant to this section in
70-36 such a manner as will allow the Department to create for each
70-37 charter school a yearly profile of information.
70-38 6. The governing body of each charter school shall ensure that
70-39 a copy of the written report and written procedure required pursuant
70-40 to subsection 3 is included with the final budget of the charter
70-41 school adopted by the governing body of the charter school pursuant
70-42 to the regulations of the Department.
70-43 7.] The Legislative Bureau of Educational Accountability and
70-44 Program Evaluation created pursuant to NRS 218.5356 may
70-45 authorize a person or entity with whom it contracts pursuant to NRS
71-1 385.359 to review and analyze information submitted by charter
71-2 schools pursuant to this section[,] and section 9 of this act, consult
71-3 with the governing bodies of charter schools and submit written
71-4 reports concerning charter schools pursuant to NRS 385.359.
71-5 Sec. 55. NRS 386.650 is hereby amended to read as follows:
71-6 386.650 1. The Department shall establish and maintain a
71-7 statewide automated system of information concerning pupils. The
71-8 system must [be] :
71-9 (a) Have the capacity to provide and report information,
71-10 including, without limitation, the results of the achievement of
71-11 pupils:
71-12 (1) In the manner required by 20 U.S.C. §§ 6301 et seq.,
71-13 and the regulations adopted pursuant thereto, and NRS 385.347
71-14 and section 6 of this act; and
71-15 (2) In a separate reporting for each subgroup of pupils
71-16 identified in paragraph (d) of subsection 1 of section 4 of this act;
71-17 (b) Include a system of unique identification for each pupil to
71-18 ensure that individual pupils may be tracked over time throughout
71-19 this state;
71-20 (c) Have the capacity to provide longitudinal comparisons of
71-21 the academic achievement, rate of attendance and rate of
71-22 graduation of pupils over time throughout this state;
71-23 (d) Have the capacity to perform a variety of longitudinal
71-24 analyses of the results of individual pupils on assessments,
71-25 including, without limitation, the results of pupils by classroom
71-26 and by school; and
71-27 (e) Be designed to improve the ability of the Department, school
71-28 districts and the public schools in this state, including, without
71-29 limitation, charter schools, to account for the pupils who are
71-30 enrolled in the public schools, including, without limitation, charter
71-31 schools.
71-32 2. The board of trustees of each school district shall:
71-33 (a) Adopt and maintain the program prescribed by the
71-34 Superintendent of Public Instruction pursuant to subsection 3 for
71-35 the collection, maintenance and transfer of data from the records of
71-36 individual pupils to the statewide automated system of information,
71-37 including, without limitation, the development of plans for the
71-38 educational technology which is necessary to adopt and maintain the
71-39 program;
71-40 (b) Provide to the Department electronic data concerning pupils
71-41 as required by the Superintendent of Public Instruction pursuant to
71-42 subsection 3; and
71-43 (c) Ensure that an electronic record is maintained in accordance
71-44 with subsection 3 of NRS 386.655.
71-45 3. The Superintendent of Public Instruction shall:
72-1 (a) Prescribe a uniform program throughout this state for the
72-2 collection, maintenance and transfer of data that each school
72-3 district must adopt, which may include standardized software;
72-4 (b) Prescribe the data to be collected and reported to the
72-5 Department by each school district pursuant to subsection 2,
72-6 including, without limitation, data relating to each charter school
72-7 located within a school district regardless of the sponsor of the
72-8 charter school;
72-9 [(b)] (c) Prescribe the format for the data;
72-10 [(c)] (d) Prescribe the date by which each school district shall
72-11 report the data;
72-12 [(d)] (e) Prescribe the date by which each charter school located
72-13 within a school district shall report the data to the school district for
72-14 incorporation into the report of the school district, regardless of the
72-15 sponsor of the charter school;
72-16 [(e)] (f) Provide technical assistance to each school district to
72-17 ensure that the data from each public school in the school district,
72-18 including, without limitation, each charter school located within the
72-19 school district, is compatible with the statewide automated system
72-20 of information and comparable to the data reported by other school
72-21 districts; and
72-22 [(f)] (g) Provide for the analysis and reporting of the data in the
72-23 statewide automated system of information.
72-24 4. The Department shall establish, to the extent authorized by
72-25 the Family Educational Rights and Privacy Act of 1974, 20 U.S.C.
72-26 § 1232g, and any regulations adopted pursuant thereto, a
72-27 mechanism by which persons or entities, including, without
72-28 limitation, state officers who are members of the Executive or
72-29 Legislative Branch, administrators of public schools and school
72-30 districts, teachers and other educational personnel, and parents
72-31 and guardians, will have different types of access to the
72-32 accountability information contained within the statewide
72-33 automated system to the extent that such information is necessary
72-34 for the performance of a duty or to the extent that such
72-35 information may be made available to the general public without
72-36 posing a threat to the confidentiality of an individual pupil.
72-37 5. The Department may, to the extent authorized by the
72-38 Family Educational Rights and Privacy Act of 1974, 20 U.S.C. §
72-39 1232g, and any regulations adopted pursuant thereto, enter into
72-40 an agreement with the University and Community College System
72-41 of Nevada to provide access to data contained within the statewide
72-42 automated system for research purposes.
73-1 Sec. 56. NRS 388.020 is hereby amended to read as follows:
73-2 388.020 1. An elementary school is a public school in which
73-3 grade work is not given above that included in the eighth grade,
73-4 according to the regularly adopted state course of study.
73-5 2. A junior high or middle school is a public school in which
73-6 the sixth, seventh, eighth and ninth grades are taught under a course
73-7 of study prescribed and approved by the State Board. [The school is
73-8 an elementary or secondary school for the purpose of the licensure
73-9 of teachers.]
73-10 3. A high school is a public school in which subjects above the
73-11 eighth grade, according to the state course of study, may be taught.
73-12 The school is a secondary school for the purpose of the licensure of
73-13 teachers.
73-14 4. A special school is an organized unit of instruction operating
73-15 with approval of the State Board.
73-16 5. A charter school is a public school that is formed pursuant to
73-17 the provisions of NRS 386.500 to 386.610, inclusive[.] , and
73-18 section 46 of this act.
73-19 Sec. 57. NRS 388.405 is hereby amended to read as follows:
73-20 388.405 [1.] The State Board [of Education shall establish]
73-21 shall:
73-22 1. Establish a program to teach the English language to pupils
73-23 [whose:
73-24 (a) Primary language is not English;
73-25 (b) Proficiency in the English language is below the average
73-26 proficiency of pupils at the same age or grade level whose primary
73-27 language is English; and
73-28 (c) Probability of success in a classroom in which courses of
73-29 study are taught only in the English language is impaired because of
73-30 their limited proficiency in the English language.
73-31 2. The State Board of Education shall adopt] who are limited
73-32 English proficient.
73-33 2. Adopt regulations to carry out the program. The regulations
73-34 must prescribe the procedure by which a school district may obtain a
73-35 waiver from the requirements of the program.
73-36 3. Submit all evaluations required pursuant to 20 U.S.C. §§
73-37 6801 et seq. and the regulations adopted pursuant thereto
73-38 regarding the programs for pupils who are limited English
73-39 proficient carried out pursuant to that provision of federal law to
73-40 the:
73-41 (a) Governor;
73-42 (b) Committee;
73-43 (c) Bureau; and
73-44 (d) Board of trustees of each school district.
74-1 Sec. 58. NRS 388.795 is hereby amended to read as follows:
74-2 388.795 1. The Commission shall establish a plan for the use
74-3 of educational technology in the public schools of this state. In
74-4 preparing the plan, the Commission shall consider:
74-5 (a) Plans that have been adopted by the Department and the
74-6 school districts in this state;
74-7 (b) Plans that have been adopted in other states;
74-8 (c) The information submitted to the Commission by the board
74-9 of trustees of each school district pursuant to subsection [2 of NRS
74-10 385.351;] 7 of NRS 385.347; and
74-11 (d) Any other information that the Commission or the
74-12 Committee deems relevant to the preparation of the plan.
74-13 2. The plan established by the Commission must include
74-14 recommendations for methods to:
74-15 (a) Incorporate educational technology into the public schools of
74-16 this state;
74-17 (b) Increase the number of pupils in the public schools of this
74-18 state who have access to educational technology;
74-19 (c) Increase the availability of educational technology to assist
74-20 licensed teachers and other educational personnel in complying with
74-21 the requirements of continuing education, including, but not limited
74-22 to, the receipt of credit for college courses completed through the
74-23 use of educational technology;
74-24 (d) Facilitate the exchange of ideas to improve the achievement
74-25 of pupils who are enrolled in the public schools of this state; and
74-26 (e) Address the needs of teachers in incorporating the use of
74-27 educational technology in the classroom, including, but not limited
74-28 to, the completion of training that is sufficient to enable the teachers
74-29 to instruct pupils in the use of educational technology.
74-30 3. The Department shall provide:
74-31 (a) Administrative support;
74-32 (b) Equipment; and
74-33 (c) Office space,
74-34 as is necessary for the Commission to carry out the provisions of
74-35 this section.
74-36 4. The following entities shall cooperate with the Commission
74-37 in carrying out the provisions of this section:
74-38 (a) The State Board.
74-39 (b) The board of trustees of each school district.
74-40 (c) The superintendent of schools of each school district.
74-41 (d) The Department.
74-42 5. The Commission shall:
74-43 (a) Develop technical standards for educational technology and
74-44 any electrical or structural appurtenances necessary thereto,
74-45 including, without limitation, uniform specifications for computer
75-1 hardware and wiring, to ensure that such technology is compatible,
75-2 uniform and can be interconnected throughout the public schools of
75-3 this state.
75-4 (b) Allocate money to the school districts from the Trust Fund
75-5 for Educational Technology created pursuant to NRS 388.800 and
75-6 any money appropriated by the Legislature for educational
75-7 technology, subject to any priorities for such allocation established
75-8 by the Legislature.
75-9 (c) Establish criteria for the board of trustees of a school district
75-10 that receives an allocation of money from the Commission to:
75-11 (1) Repair, replace and maintain computer systems.
75-12 (2) Upgrade and improve computer hardware and software
75-13 and other educational technology.
75-14 (3) Provide training, installation and technical support related
75-15 to the use of educational technology within the district.
75-16 (d) Submit to the Governor, the Committee and the Department
75-17 its plan for the use of educational technology in the public schools
75-18 of this state and any recommendations for legislation.
75-19 (e) Review the plan annually and make revisions as it deems
75-20 necessary or as directed by the Committee or the Department.
75-21 (f) In addition to the recommendations set forth in the plan
75-22 pursuant to subsection 2, make further recommendations to the
75-23 Committee and the Department as the Commission deems
75-24 necessary.
75-25 6. The Commission may appoint an advisory committee
75-26 composed of members of the Commission or other qualified persons
75-27 to provide recommendations to the Commission regarding standards
75-28 for the establishment, coordination and use of a telecommunications
75-29 network in the public schools throughout the various school districts
75-30 in this state. The advisory committee serves at the pleasure of the
75-31 Commission and without compensation unless an appropriation or
75-32 other money for that purpose is provided by the Legislature.
75-33 7. As used in this section, “public school” includes the Caliente
75-34 Youth Center and the Nevada Youth Training Center.
75-35 Sec. 59. NRS 388.846 is hereby amended to read as follows:
75-36 388.846 1. If the board of trustees of a school district
75-37 provides a program of distance education, the board of trustees shall
75-38 ensure that the persons who operate the program on a day-to-day
75-39 basis comply with and carry out all applicable requirements,
75-40 statutes, regulations, rules and policies of the school district,
75-41 including, without limitation:
75-42 (a) Graduation requirements;
75-43 (b) Accountability of public schools, as set forth in NRS
75-44 385.3455 to 385.391, inclusive[;] ,
75-45 and sections 2 to 37, inclusive, of this act;
76-1 (c) Provisions governing the attendance and truancy of pupils, as
76-2 set forth in NRS 392.040 to 392.220, inclusive; and
76-3 (d) Discipline of pupils.
76-4 2. If the governing body of a charter school provides a program
76-5 of distance education, the governing body shall:
76-6 (a) For each pupil who is enrolled in the program, provide
76-7 written notice to the board of trustees of the school district in which
76-8 the pupil resides of the type of educational services that will be
76-9 provided to the pupil through the program. The written notice must
76-10 be provided to the board of trustees before the pupil receives
76-11 educational services through the program of distance education.
76-12 (b) Ensure that the persons who operate the program on a day-
76-13 to-day basis comply with and carry out all applicable requirements,
76-14 statutes, regulations, rules and policies of the charter school,
76-15 including, without limitation:
76-16 (1) Graduation requirements;
76-17 (2) Accountability of public schools, as set forth in NRS
76-18 385.3455 to 385.391, inclusive[;] , and sections 2 to 37, inclusive,
76-19 of this act;
76-20 (3) Provisions governing the attendance and truancy of
76-21 pupils, as set forth in NRS 392.040 to 392.220, inclusive; and
76-22 (4) Discipline of pupils.
76-23 Sec. 60. NRS 388.862 is hereby amended to read as follows:
76-24 388.862 1. If a pupil is enrolled full time in a program of
76-25 distance education provided by the board of trustees of a school
76-26 district, the board of trustees that provides the program shall declare
76-27 for each such pupil one public school within that school district [to]
76-28 with which the pupil is affiliated. The board of trustees may declare
76-29 that all the pupils enrolled in the program of distance education are
76-30 affiliated with one public school within the school district, or it may
76-31 declare individual public schools for the pupils enrolled in the
76-32 program. Upon the declared affiliation, the pupil shall be deemed
76-33 enrolled in that public school for purposes of all the applicable
76-34 requirements, statutes, regulations, rules and policies of that public
76-35 school and school district, including, without limitation:
76-36 (a) Graduation requirements;
76-37 (b) Accountability of public schools, as set forth in NRS
76-38 385.3455 to 385.391, inclusive[;] ,
76-39 and sections 2 to 37, inclusive, of this act;
76-40 (c) Provisions governing the attendance and truancy of pupils, as
76-41 set forth in NRS 392.040 to 392.220, inclusive; and
76-42 (d) Discipline of pupils.
76-43 2. A pupil who is enrolled full time in a program of distance
76-44 education provided by a charter school shall be deemed enrolled in
76-45 the charter school. All the applicable requirements, including,
77-1 without limitation, statutes, regulations, rules and policies of that
77-2 charter school apply to such a pupil, including, without limitation:
77-3 (a) Graduation requirements;
77-4 (b) Accountability of public schools, as set forth in NRS
77-5 385.3455 to 385.391, inclusive[;] , and sections 2 to 37, inclusive,
77-6 of this act;
77-7 (c) Provisions governing the attendance and truancy of pupils, as
77-8 set forth in NRS 392.040 to 392.220, inclusive; and
77-9 (d) Discipline of pupils.
77-10 3. If a pupil is enrolled part time in a program of distance
77-11 education, all the applicable requirements, statutes, regulations,
77-12 rules and policies of the public school of the school district in which
77-13 the pupil is otherwise enrolled or the charter school in which the
77-14 pupil is otherwise enrolled apply to such a pupil, including, without
77-15 limitation:
77-16 (a) Graduation requirements;
77-17 (b) Accountability of public schools, as set forth in NRS
77-18 385.3455 to 385.391, inclusive[;] ,
77-19 and sections 2 to 37, inclusive, of this act;
77-20 (c) Provisions governing the attendance and truancy of pupils, as
77-21 set forth in NRS 392.040 to 392.220, inclusive; and
77-22 (d) Discipline of pupils.
77-23 Sec. 61. NRS 388.874 is hereby amended to read as follows:
77-24 388.874 1. The State Board shall adopt regulations that
77-25 prescribe:
77-26 (a) The process for submission of an application by a person or
77-27 entity for inclusion of a course of distance education on the list
77-28 prepared by the Department pursuant to NRS 388.834 and the
77-29 contents of the application;
77-30 (b) The process for submission of an application by the board of
77-31 trustees of a school district or the governing body of a charter school
77-32 to provide a program of distance education and the contents of the
77-33 application;
77-34 (c) The qualifications and conditions for enrollment that a pupil
77-35 must satisfy to enroll in a program of distance education, consistent
77-36 with NRS 388.850;
77-37 (d) A method for reporting to the Department the number of
77-38 pupils who are enrolled in a program of distance education and the
77-39 attendance of those pupils;
77-40 (e) The requirements for assessing the achievement of pupils
77-41 who are enrolled in a program of distance education, which must
77-42 include, without limitation, the administration of the achievement
77-43 and proficiency examinations required pursuant to NRS 389.015 ;
77-44 [and 389.550;] and
78-1 (f) A written description of the process pursuant to which the
78-2 State Board may revoke its approval for the operation of a program
78-3 of distance education.
78-4 2. The State Board may adopt regulations as it determines are
78-5 necessary to carry out the provisions of NRS 388.820 to 388.874,
78-6 inclusive.
78-7 Sec. 62. Chapter 389 of NRS is hereby amended by adding
78-8 thereto the provisions set forth as sections 63 and 64 of this act.
78-9 Sec. 63. 1. The board of trustees of each school district and
78-10 the governing body of each charter school shall ensure that each
78-11 pupil who is limited English proficient and is enrolled in the
78-12 school district or charter school, as applicable, participates in the
78-13 achievement and proficiency examinations administered pursuant
78-14 to this chapter. The State Board shall prescribe reasonable
78-15 modifications and accommodations that may be used in the
78-16 administration of an examination to a pupil who is limited English
78-17 proficient and who is unable to take an examination under regular
78-18 testing conditions. The results of each pupil who is limited English
78-19 proficient and who takes an examination with modifications and
78-20 accommodations must be reported and included within the
78-21 determination of whether the school and the school district have
78-22 made adequate yearly progress.
78-23 2. The board of trustees of a school district and the governing
78-24 body of a charter school shall administer to a pupil who is limited
78-25 English proficient:
78-26 (a) To the extent practicable, examinations in mathematics
78-27 and science required by subsection 1 in the language most likely to
78-28 yield accurate and reliable information on what the pupil knows.
78-29 (b) To the extent practicable, examinations in reading required
78-30 by subsection 1 in the language most likely to yield accurate and
78-31 reliable information on what the pupil knows if the pupil has
78-32 attended public schools in the United States for less than 3
78-33 consecutive years.
78-34 (c) If the pupil has attended public schools in the United States
78-35 for 3 consecutive years but less than 5 consecutive years:
78-36 (1) Examinations in reading required by subsection 1 in the
78-37 English language; or
78-38 (2) Examinations in reading required by subsection 1 in the
78-39 language most likely to yield accurate and reliable information on
78-40 what the pupil knows if the board of trustees determines that the
78-41 pupil has not reached a level of English proficiency sufficient to
78-42 yield valid and reliable information on what the pupil knows.
78-43 (d) If the pupil has attended public schools in the United States
78-44 for 5 consecutive years or more, examinations in reading required
78-45 by subsection 1 in the English language.
79-1 3. The State Board shall prescribe an assessment of
79-2 proficiency in the English language for pupils who are limited
79-3 English proficient to measure oral language skills, reading skills
79-4 and writing skills. The board of trustees of each school district and
79-5 the governing body of each charter school shall administer the
79-6 assessment annually at the time prescribed by the State Board. A
79-7 pupil who takes the assessment prescribed pursuant to this
79-8 subsection is not exempt from the achievement and proficiency
79-9 examinations administered pursuant to this chapter.
79-10 Sec. 64. 1. If a pupil with a disability is unable to take an
79-11 examination administered pursuant to NRS 389.015 or 389.550
79-12 under regular testing conditions, the pupil may take the
79-13 examination with modifications and accommodations that the
79-14 pupil’s individualized education program team determines, in
79-15 consultation with the Department and in accordance with the
79-16 Individuals with Disabilities Education Act, 20 U.S.C. §§ 1400 et
79-17 seq., and the No Child Left Behind Act of 2001, 20 U.S.C. §§ 6301
79-18 et seq., are necessary to measure the progress of the pupil. If
79-19 modifications or accommodations are made in the administration
79-20 of an examination for a pupil with a disability, the modifications
79-21 or accommodations must be set forth in the pupil’s individualized
79-22 education program. The results of each pupil with a disability who
79-23 takes an examination with modifications or accommodations must
79-24 be reported and must be included in the determination of whether
79-25 the school and the school district have made adequate yearly
79-26 progress.
79-27 2. The State Board shall prescribe an alternate examination
79-28 for administration to a pupil with a disability if the pupil’s
79-29 individualized education program team determines, in
79-30 consultation with the Department, that the pupil cannot
79-31 participate in all or a portion of an examination administered
79-32 pursuant to NRS 389.015 or 389.550 even with modifications and
79-33 accommodations. The results of a pupil with a disability who takes
79-34 an alternate examination must not be included in the
79-35 determination of whether the school and the school district have
79-36 made adequate yearly progress.
79-37 3. The State Board shall prescribe, in accordance with the
79-38 Individuals with Disabilities Education Act, 20 U.S.C. §§ 1400 et
79-39 seq., and the No Child Left Behind Act of 2001, 20 U.S.C. §§ 6301
79-40 et seq., the modifications and accommodations that may be used in
79-41 the administration of an examination to a pupil with a disability
79-42 who is unable to take the examination under regular testing
79-43 conditions.
80-1 4. As used in this section:
80-2 (a) “Individualized education program” has the meaning
80-3 ascribed to it in 20 U.S.C. § 1414(d)(1)(A).
80-4 (b) “Individualized education program team” has the meaning
80-5 ascribed to it in 20 U.S.C. § 1414(d)(1)(B).
80-6 Sec. 65. NRS 389.012 is hereby amended to read as follows:
80-7 389.012 The State Board shall:
80-8 1. In accordance with guidelines established by the National
80-9 Assessment Governing Board and National Center for Education
80-10 Statistics[,] and in accordance with 20 U.S.C. §§ 6301 et seq. and
80-11 the regulations adopted pursuant thereto, adopt regulations
80-12 requiring the schools of this state that are selected by the National
80-13 Assessment Governing Board or the National Center for Education
80-14 Statistics to participate in the examinations of the National
80-15 Assessment of Educational Progress.
80-16 2. Report the results of those examinations to the:
80-17 (a) Governor;
80-18 (b) Board of trustees of each school district of this state;
80-19 (c) Legislative Committee on Education created pursuant to
80-20 NRS 218.5352; and
80-21 (d) Legislative Bureau of Educational Accountability and
80-22 Program Evaluation created pursuant to NRS 218.5356.
80-23 3. The report required pursuant to subsection 2 must include
80-24 an analysis and comparison of the results of pupils in this state on
80-25 the examinations required by this section with:
80-26 (a) The results of pupils throughout this country who
80-27 participated in the examinations of the National Assessment of
80-28 Educational Progress; and
80-29 (b) The results of pupils on the achievement and proficiency
80-30 examinations administered pursuant to this chapter.
80-31 Sec. 66. NRS 389.015 is hereby amended to read as follows:
80-32 389.015 1. The board of trustees of each school district shall
80-33 administer examinations in all public schools of the school district.
80-34 The governing body of a charter school shall administer the same
80-35 examinations in the charter school. The examinations administered
80-36 by the board of trustees and governing body must determine the
80-37 achievement and proficiency of pupils in:
80-38 (a) Reading;
80-39 (b) Writing;
80-40 (c) Mathematics; and
80-41 (d) Science.
80-42 2. The examinations required by subsection 1 must be:
80-43 (a) Administered before the completion of grades 4, [8,] 7, 10
80-44 and 11.
81-1 (b) Administered in each school district and each charter school
81-2 at the same time. The time for the administration of the
81-3 examinations must be prescribed by the State Board.
81-4 (c) Administered in each school in accordance with uniform
81-5 procedures adopted by the State Board. The Department shall
81-6 monitor the compliance of school districts and individual schools
81-7 with the uniform procedures.
81-8 (d) Administered in each school in accordance with the plan
81-9 adopted pursuant to NRS 389.616 by the Department and with the
81-10 plan adopted pursuant to NRS 389.620 by the board of trustees of
81-11 the school district in which the examinations are administered. The
81-12 Department shall monitor the compliance of school districts and
81-13 individual schools with:
81-14 (1) The plan adopted by the Department; and
81-15 (2) The plan adopted by the board of trustees of the
81-16 applicable school district, to the extent that the plan adopted by the
81-17 board of trustees of the school district is consistent with the plan
81-18 adopted by the Department.
81-19 (e) Scored by the Department or a single private entity that has
81-20 contracted with the State Board to score the examinations. If a
81-21 private entity scores the examinations, it shall report the results of
81-22 the examinations in the form and by the date required by the
81-23 Department.
81-24 3. Not more than 14 working days after the results of the
81-25 examinations are reported to the Department by a private entity that
81-26 scored the examinations or the Department completes the scoring of
81-27 the examinations, the Superintendent of Public Instruction shall
81-28 certify that the results of the examinations have been transmitted to
81-29 each school district and each charter school. Not more than 10
81-30 working days after a school district receives the results of the
81-31 examinations, the superintendent of schools of each school district
81-32 shall certify that the results of the examinations have been
81-33 transmitted to each school within the school district. Except as
81-34 otherwise provided in this subsection, not more than 15 working
81-35 days after each school receives the results of the examinations, the
81-36 principal of each school and the governing body of each charter
81-37 school shall certify that the results for each pupil have been
81-38 provided to the parent or legal guardian of the pupil:
81-39 (a) During a conference between the teacher of the pupil or
81-40 administrator of the school and the parent or legal guardian of the
81-41 pupil; or
81-42 (b) By mailing the results of the examinations to the last known
81-43 address of the parent or legal guardian of the pupil.
81-44 If a pupil fails the high school proficiency examination, the school
81-45 shall notify the pupil and the parents or legal guardian of the pupil
82-1 as soon as practicable but not later than 15 working days after the
82-2 school receives the results of the examination.
82-3 4. [Different standards of proficiency may be adopted for
82-4 pupils with diagnosed learning disabilities. If a pupil with a
82-5 disability is unable to take an examination created by a private entity
82-6 under regular testing conditions or with modifications and
82-7 accommodations that are approved by the private entity, the pupil
82-8 may take the examination with modifications and accommodations
82-9 that are approved by the State Board pursuant to subsection 8. If a
82-10 pupil with a disability is unable to take an examination created by
82-11 the Department under regular testing conditions or with
82-12 modifications and accommodations that are approved by the
82-13 Department, the pupil may take the examination with modifications
82-14 and accommodations that are approved by the State Board pursuant
82-15 to subsection 8. The results of an examination that is taken under
82-16 conditions that are not approved by a private entity or the
82-17 Department, as applicable, must not be reported pursuant to
82-18 subsection 2 of NRS 389.017. If different standards of proficiency
82-19 are adopted or other modifications or accommodations are made in
82-20 the administration of the examinations for a pupil who is enrolled in
82-21 a program of special education pursuant to NRS 388.440 to
82-22 388.520, inclusive, other than a gifted and talented pupil, the
82-23 different standards adopted or other modifications or
82-24 accommodations must be set forth in the pupil’s program of special
82-25 education developed in accordance with the Individuals with
82-26 Disabilities Education Act, 20 U.S.C. §§ 1400 et seq., and the
82-27 standards prescribed by the State Board. During the administration
82-28 of the high school proficiency examination, a pupil with a disability
82-29 may be given additional time to complete the examination if the
82-30 additional time is a modification or accommodation that is approved
82-31 in the pupil’s program of special education developed in accordance
82-32 with the Individuals with Disabilities Education Act, 20 U.S.C. §§
82-33 1400 et seq.
82-34 5.] If a pupil fails to demonstrate at least adequate achievement
82-35 on the examination administered before the completion of grade 4,
82-36 [8] 7 or 10, he may be promoted to the next higher grade, but the
82-37 results of his examination must be evaluated to determine what
82-38 remedial study is appropriate. If such a pupil is enrolled at a school
82-39 that has been designated as demonstrating need for improvement
82-40 pursuant to [subsection 1 of NRS 385.367,] section 14 of this act,
82-41 the pupil must, in accordance with the requirements set forth in this
82-42 subsection, complete remedial study that is determined to be
82-43 appropriate for the pupil.
82-44 [6.] 5. If a pupil fails to pass the proficiency examination
82-45 administered before the completion of grade 11, he must not be
83-1 graduated until he is able, through remedial study, to pass the
83-2 proficiency examination, but he may be given a certificate of
83-3 attendance, in place of a diploma, if he has reached the age of 17
83-4 years.
83-5 [7.] 6. The State Board shall prescribe standard examinations
83-6 of achievement and proficiency to be administered pursuant to
83-7 subsection 1. The high school proficiency examination must be
83-8 developed, printed and scored by a nationally recognized testing
83-9 company in accordance with the process established by the testing
83-10 company. The examinations on reading, mathematics and science
83-11 prescribed for grades 4, [8] 7 and 10 must be selected from
83-12 examinations created by private entities and administered to a
83-13 national reference group, and must allow for a comparison of the
83-14 achievement and proficiency of pupils in grades 4, [8] 7 and 10 in
83-15 this state to that of a national reference group of pupils in grades 4,
83-16 [8] 7 and 10. The questions contained in the examinations and the
83-17 approved answers used for grading them are confidential, and
83-18 disclosure is unlawful except:
83-19 (a) To the extent necessary for administering and evaluating the
83-20 examinations.
83-21 (b) That a disclosure may be made to a:
83-22 (1) State officer who is a member of the Executive or
83-23 Legislative Branch to the extent that it is necessary for the
83-24 performance of his duties;
83-25 (2) Superintendent of schools of a school district to the
83-26 extent that it is necessary for the performance of his duties;
83-27 (3) Director of curriculum of a school district to the extent
83-28 that it is necessary for the performance of his duties; and
83-29 (4) Director of testing of a school district to the extent that it
83-30 is necessary for the performance of his duties.
83-31 (c) That specific questions and answers may be disclosed if the
83-32 Superintendent of Public Instruction determines that the content of
83-33 the questions and answers is not being used in a current examination
83-34 and making the content available to the public poses no threat to the
83-35 security of the current examination process.
83-36 [8. The State Board shall prescribe, in accordance with the
83-37 Individuals with Disabilities Education Act, 20 U.S.C. §§ 1400 et
83-38 seq., the modifications and accommodations that may be used in the
83-39 administration of an examination to a pupil with a disability who is
83-40 unable to take the examination under regular testing conditions or
83-41 with modifications and accommodations that are approved by the
83-42 private entity that created the examination or, if the Department
83-43 created the examination, by the Department. These regulations may
83-44 include, without limitation, authorizing a pupil to complete an
83-45 examination with additional time.]
84-1 Sec. 67. NRS 389.015 is hereby amended to read as follows:
84-2 389.015 1. The board of trustees of each school district shall
84-3 administer examinations in all public schools of the school district.
84-4 The governing body of a charter school shall administer the same
84-5 examinations in the charter school. The examinations administered
84-6 by the board of trustees and governing body must comply with 20
84-7 U.S.C. § 6311(b)(3) and must determine the achievement and
84-8 proficiency of pupils in:
84-9 (a) Reading;
84-10 (b) Writing;
84-11 (c) Mathematics; and
84-12 (d) Science.
84-13 2. The examinations required by subsection 1 must be:
84-14 (a) [Administered before the completion of] For reading and
84-15 mathematics, administered to each pupil in grades 3, 4, 5, 6, 7[, 10
84-16 and 11.] and 8, and at least one time before the completion of
84-17 grade 12.
84-18 (b) For writing, administered to each pupil in grades 4 and 7,
84-19 and at least one time before the completion of grade 12.
84-20 (c) For science, administered to each pupil in grades 5 and 8.
84-21 (d) Administered in each school district and each charter school
84-22 at the same time. The [time for the administration of the]
84-23 examinations must be administered during the fall semester at a
84-24 time prescribed by the State Board.
84-25 [(c)] (e) Administered in each school in accordance with
84-26 uniform procedures adopted by the State Board. The Department
84-27 shall monitor the compliance of school districts and individual
84-28 schools with the uniform procedures.
84-29 [(d)] (f) Administered in each school in accordance with the
84-30 plan adopted pursuant to NRS 389.616 by the Department and with
84-31 the plan adopted pursuant to NRS 389.620 by the board of trustees
84-32 of the school district in which the examinations are administered.
84-33 The Department shall monitor the compliance of school districts and
84-34 individual schools with:
84-35 (1) The plan adopted by the Department; and
84-36 (2) The plan adopted by the board of trustees of the
84-37 applicable school district, to the extent that the plan adopted by the
84-38 board of trustees of the school district is consistent with the plan
84-39 adopted by the Department.
84-40 [(e) Scored by the Department or a single private entity that has
84-41 contracted with the State Board to score the examinations. If a
84-42 private entity scores the examinations, it shall report the results of
84-43 the examinations in the form and by the date required by the
84-44 Department.]
85-1 3. Not more than 14 working days after the results of the
85-2 examinations are reported to the Department by a [private entity]
85-3 nationally recognized testing company that scored the examinations
85-4 or , for the writing portion of an examination, the Department
85-5 completes the scoring of the examinations, the Superintendent of
85-6 Public Instruction shall certify that the results of the examinations
85-7 have been transmitted to each school district and each charter
85-8 school. Not more than 10 working days after a school district
85-9 receives the results of the examinations, the superintendent of
85-10 schools of each school district shall certify that the results of the
85-11 examinations have been transmitted to each school within the school
85-12 district. Except as otherwise provided in this subsection, not more
85-13 than 15 working days after each school receives the results of the
85-14 examinations, the principal of each school and the governing body
85-15 of each charter school shall certify that the results for each pupil
85-16 have been provided to the parent or legal guardian of the pupil:
85-17 (a) During a conference between the teacher of the pupil or
85-18 administrator of the school and the parent or legal guardian of the
85-19 pupil; or
85-20 (b) By mailing the results of the examinations to the last known
85-21 address of the parent or legal guardian of the pupil.
85-22 If a pupil fails the high school proficiency examination, the school
85-23 shall notify the pupil and the parents or legal guardian of the pupil
85-24 as soon as practicable but not later than 15 working days after the
85-25 school receives the results of the examination.
85-26 4. If a pupil fails to demonstrate at least adequate achievement
85-27 on [the examination administered before the completion of grade
4,
85-28 7 or 10,] an
examination administered pursuant to this section, he
85-29 may be promoted to the next higher grade, but the results of his
85-30 examination must be evaluated to determine what remedial study is
85-31 appropriate. If such a pupil is enrolled at a school that has been
85-32 designated as demonstrating need for improvement pursuant to
85-33 section 14 of this act ,the pupil must, in accordance with the
85-34 requirements set forth in this subsection, complete remedial study
85-35 that is determined to be appropriate for the pupil.
85-36 5. If a pupil fails to pass the proficiency examination
85-37 administered before the completion of grade 11, he must not be
85-38 graduated until he is able, through remedial study, to pass the
85-39 proficiency examination, but he may be given a certificate of
85-40 attendance, in place of a diploma, if he has reached the age of 17
85-41 years.
85-42 6. The State Board shall prescribe , in consultation with the
85-43 Council to Establish Academic Standards for Public Schools
85-44 created by NRS 389.510, standard examinations of achievement and
85-45 proficiency to be administered pursuant to subsection 1. [The]
86-1 7. In addition to the examinations prescribed pursuant to
86-2 subsection 6, the State Board shall prescribe:
86-3 (a) The Preliminary Scholastic Aptitude Test; or
86-4 (b) The Pre American College Testing Program
86-5 Assessment,
86-6 for administration to pupils enrolled in grade 10. The board of
86-7 trustees of each school district and the governing body of each
86-8 charter school shall administer the test or assessment prescribed
86-9 by the State Board to all pupils who are enrolled in grade 10 in the
86-10 school district or charter school.
86-11 8. Except for the writing portion, the high school proficiency
86-12 examination must [be] :
86-13 (a) Measure the progress of pupils on the standards of content
86-14 and performance for reading and mathematics adopted by the
86-15 State Board pursuant to NRS 389.520; and
86-16 (b) Be developed, printed and scored by a nationally recognized
86-17 testing company in accordance with the process established by the
86-18 testing company. [The]
86-19 9. Except for the writing portion, the examinations on reading,
86-20 mathematics and scienceprescribed for grades 3, 4, 5, 6, 7 and [10
86-21 must be selected from examinations created by private entities and
86-22 administered to a national reference group, and must allow] 8 must:
86-23 (a) Be developed, printed and scored by a nationally
86-24 recognized testing company in accordance with the process
86-25 established by the testing company; and
86-26 (b) Consist of a single examination per grade level tested that
86-27 produces:
86-28 (1) A score that allows for a comparison of the achievement
86-29 and proficiency of pupils in grades 3, 4, 5, 6, 7 and [10] 8 in this
86-30 state to that of a national reference group of pupils in grades 3, 4, 5,
86-31 6, 7 and [10.] 8; and
86-32 (2) A score that measures the progress of pupils on the
86-33 standards of content and performance adopted by the State Board
86-34 pursuant to NRS 389.520 for:
86-35 (I) Reading;
86-36 (II) Mathematics; and
86-37 (III) If applicable to the grade level tested, science.
86-38 10. The questions contained in the examinations and the
86-39 approved answers used for grading them are confidential, and
86-40 disclosure is unlawful except:
86-41 (a) To the extent necessary for administering and evaluating the
86-42 examinations.
86-43 (b) That a disclosure may be made to a:
87-1 (1) State officer who is a member of the executive or
87-2 legislative branch to the extent that it is necessary for the
87-3 performance of his duties;
87-4 (2) Superintendent of schools of a school district to the
87-5 extent that it is necessary for the performance of his duties;
87-6 (3) Director of curriculum of a school district to the extent
87-7 that it is necessary for the performance of his duties; and
87-8 (4) Director of testing of a school district to the extent that it
87-9 is necessary for the performance of his duties.
87-10 (c) That specific questions and answers may be disclosed if the
87-11 superintendent of public instruction determines that the content of
87-12 the questions and answers is not being used in a current examination
87-13 and making the content available to the public poses no threat to the
87-14 security of the current examination process.
87-15 Sec. 68. NRS 389.015 is hereby amended to read as follows:
87-16 1. The board of trustees of each school district shall administer
87-17 examinations in all public schools of the school district. The
87-18 governing body of a charter school shall administer the same
87-19 examinations in the charter school. The examinations administered
87-20 by the board of trustees and governing body must comply with 20
87-21 U.S.C. § 6311(b)(3) and must determine the achievement and
87-22 proficiency of pupils in:
87-23 (a) Reading;
87-24 (b) Writing;
87-25 (c) Mathematics; and
87-26 (d) Science.
87-27 2. The examinations required by subsection 1 must be:
87-28 (a) For reading and mathematics, administered to each pupil in
87-29 grades 3, 4, 5, 6, 7 and 8, and at least one time before the
87-30 completion of grade 12.
87-31 (b) For writing, administered to each pupil in grades 4 and 7,
87-32 and at least one time before the completion of grade 12.
87-33 (c) For science, administered to each pupil in grades 5 and 8[.] ,
87-34 and at least one time before the completion of grade 12.
87-35 (d) Administered in each school district and each charter school
87-36 at the same time. The examinations must be administered during the
87-37 fall semester at a time prescribed by the State Board.
87-38 (e) Administered in each school in accordance with uniform
87-39 procedures adopted by the State Board. The Department shall
87-40 monitor the compliance of school districts and individual schools
87-41 with the uniform procedures.
87-42 (f) Administered in each school in accordance with the plan
87-43 adopted pursuant to NRS 389.616 by the Department and with the
87-44 plan adopted pursuant to NRS 389.620 by the board of trustees of
87-45 the school district in which the examinations are administered. The
88-1 Department shall monitor the compliance of school districts and
88-2 individual schools with:
88-3 (1) The plan adopted by the Department; and
88-4 (2) The plan adopted by the board of trustees of the
88-5 applicable school district, to the extent that the plan adopted by the
88-6 board of trustees of the school district is consistent with the plan
88-7 adopted by the Department.
88-8 3. Not more than 14 working days after the results of the
88-9 examinations are reported to the Department by a nationally
88-10 recognized testing company that scored the examinations or, for the
88-11 writing portion of an examination, the Department completes the
88-12 scoring of the examinations, the Superintendent of Public
88-13 Instruction shall certify that the results of the examinations have
88-14 been transmitted to each school district and each charter school. Not
88-15 more than 10 working days after a school district receives the results
88-16 of the examinations, the superintendent of schools of each school
88-17 district shall certify that the results of the examinations have been
88-18 transmitted to each school within the school district. Except as
88-19 otherwise provided in this subsection, not more than 15 working
88-20 days after each school receives the results of the examinations, the
88-21 principal of each school and the governing body of each charter
88-22 school shall certify that the results for each pupil have been
88-23 provided to the parent or legal guardian of the pupil:
88-24 (a) During a conference between the teacher of the pupil or
88-25 administrator of the school and the parent or legal guardian of the
88-26 pupil; or
88-27 (b) By mailing the results of the examinations to the last known
88-28 address of the parent or legal guardian of the pupil.
88-29 If a pupil fails the high school proficiency examination, the school
88-30 shall notify the pupil and the parents or legal guardian of the pupil
88-31 as soon as practicable but not later than 15 working days after the
88-32 school receives the results of the examination.
88-33 4. If a pupil fails to demonstrate at least adequate achievement
88-34 on an examination administered pursuant to this section, he may be
88-35 promoted to the next higher grade, but the results of his examination
88-36 must be evaluated to determine what remedial study is appropriate.
88-37 If such a pupil is enrolled at a school that has been designated as
88-38 demonstrating need for improvement pursuant to section 14 of this
88-39 act, the pupil must, in accordance with the requirements set forth in
88-40 this subsection, complete remedial study that is determined to be
88-41 appropriate for the pupil.
88-42 5. If a pupil fails to pass the proficiency examination
88-43 administered before the completion of grade 11, he must not be
88-44 graduated until he is able, through remedial study, to pass the
88-45 proficiency examination, but he may be given a certificate of
89-1 attendance, in place of a diploma, if he has reached the age of 17
89-2 years.
89-3 6. The State Board shall prescribe, in consultation with the
89-4 Council to Establish Academic Standards for Public Schools created
89-5 by NRS 389.510, standard examinations of achievement and
89-6 proficiency to be administered pursuant to subsection 1.
89-7 7. In addition to the examinations prescribed pursuant to
89-8 subsection 6, the State Board shall prescribe:
89-9 (a) The Preliminary Scholastic Aptitude Test; or
89-10 (b) The Pre American College Testing Program
89-11 Assessment,
89-12 for administration to pupils enrolled in grade 10. The board of
89-13 trustees of each school district and the governing body of each
89-14 charter school shall administer the test or assessment prescribed by
89-15 the State Board to all pupils who are enrolled in grade 10 in the
89-16 school district or charter school.
89-17 8. Except for the writing portion, the high school proficiency
89-18 examination must:
89-19 (a) Measure the progress of pupils on the standards of content
89-20 and performance for reading , [and] mathematics and science
89-21 adopted by the State Board pursuant to NRS 389.520; and
89-22 (b) Be developed, printed and scored by a nationally recognized
89-23 testing company in accordance with the process established by the
89-24 testing company.
89-25 9. Except for the writing portion, the examinations prescribed
89-26 for grades 3, 4, 5, 6, 7 and 8 must:
89-27 (a) Be developed, printed and scored by a nationally recognized
89-28 testing company in accordance with the process established by the
89-29 testing company; and
89-30 (b) Consist of a single examination per grade level tested that
89-31 produces:
89-32 (1) A score that allows for a comparison of the achievement
89-33 and proficiency of pupils in grades 3, 4, 5, 6, 7 and 8 in this state to
89-34 that of a national reference group of pupils in grades 3, 4, 5, 6, 7 and
89-35 8; and
89-36 (2) A score that measures the progress of pupils on the
89-37 standards of content and performance adopted by the State Board
89-38 pursuant to NRS 389.520 for:
89-39 (I) Reading;
89-40 (II) Mathematics; and
89-41 (III) If applicable to the grade level tested, science.
89-42 10. The questions contained in the examinations and the
89-43 approved answers used for grading them are confidential, and
89-44 disclosure is unlawful except:
90-1 (a) To the extent necessary for administering and evaluating the
90-2 examinations.
90-3 (b) That a disclosure may be made to a:
90-4 (1) State officer who is a member of the executive or
90-5 legislative branch to the extent that it is necessary for the
90-6 performance of his duties;
90-7 (2) Superintendent of schools of a school district to the
90-8 extent that it is necessary for the performance of his duties;
90-9 (3) Director of curriculum of a school district to the extent
90-10 that it is necessary for the performance of his duties; and
90-11 (4) Director of testing of a school district to the extent that it
90-12 is necessary for the performance of his duties.
90-13 (c) That specific questions and answers may be disclosed if the
90-14 superintendent of public instruction determines that the content of
90-15 the questions and answers is not being used in a current examination
90-16 and making the content available to the public poses no threat to the
90-17 security of the current examination process.
90-18 Sec. 69. NRS 389.017 is hereby amended to read as follows:
90-19 389.017 1. The State Board shall adopt regulations requiring
90-20 that each board of trustees of a school district and each governing
90-21 body of a charter school submit to the Superintendent of Public
90-22 Instruction and the Department, in the form and manner prescribed
90-23 by the Superintendent, the results of achievement and proficiency
90-24 examinations [given in the 4th, 8th, 10th and 11th grades]
90-25 administered pursuant to NRS 389.015 to public school pupils of
90-26 the district and charter schools. The State Board shall not include in
90-27 the regulations any provision which would violate the
90-28 confidentiality of the test scores of any individual pupil.
90-29 2. The results of examinations must be reported for each
90-30 school, including, without limitation, each charter school, school
90-31 district and this state, as follows:
90-32 (a) The average score, as defined by the Department, of pupils
90-33 who took the examinations under regular testing conditions; and
90-34 (b) The average score, as defined by the Department, of pupils
90-35 who took the examinations with modifications or accommodations ,
90-36 [approved by the private entity that created the examination or, if
90-37 the Department created the examination, the Department,] if such
90-38 reporting does not violate the confidentiality of the test scores of any
90-39 individual pupil.
90-40 3. [The Department shall adopt regulations prescribing the
90-41 requirements for reporting the scores of pupils who:
90-42 (a) Took the examinations under conditions that were not
90-43 approved by the private entity that created the examination or, if the
90-44 Department created the examination, by the Department;
90-45 (b) Are enrolled in special schools for children with disabilities;
91-1 (c) Are enrolled in an alternative program for the education of
91-2 pupils at risk of dropping out of high school, including, without
91-3 limitation, a program of distance education that is provided to pupils
91-4 who are at risk of dropping out of high school pursuant to NRS
91-5 388.820 to 388.874, inclusive; or
91-6 (d) Are detained in a:
91-7 (1) Youth training center;
91-8 (2) Youth center;
91-9 (3) Juvenile forestry camp;
91-10 (4) Detention home;
91-11 (5) Youth camp;
91-12 (6) Juvenile correctional institution; or
91-13 (7) Correctional institution.
91-14 The scores reported pursuant to this subsection must not be included
91-15 in the average scores reported pursuant to subsection 2.
91-16 4.] Not later than 10 days after the Department receives the
91-17 results of the achievement and proficiency examinations, the
91-18 Department shall transmit a copy of the results of the examinations
91-19 administered pursuant to NRS 389.015 to the Legislative Bureau of
91-20 Educational Accountability and Program Evaluation in a manner
91-21 that does not violate the confidentiality of the test scores of any
91-22 individual pupil.
91-23 [5.] 4. On or before November 15 of each year, each school
91-24 district and each charter school shall report to the Department the
91-25 following information for each examination administered in the
91-26 public schools in the school district or charter school:
91-27 (a) The examination administered;
91-28 (b) The grade level or levels of pupils to whom the examination
91-29 was administered;
91-30 (c) The costs incurred by the school district or charter school in
91-31 administering each examination; and
91-32 (d) The purpose, if any, for which the results of the examination
91-33 are used by the school district or charter school.
91-34 On or before December 15 of each year, the Department shall
91-35 transmit to the Budget Division of the Department of
91-36 Administration and the Fiscal Analysis Division of the Legislative
91-37 Counsel Bureau the information submitted to the Department
91-38 pursuant to this subsection.
91-39 [6.] 5. The superintendent of schools of each school district
91-40 and the governing body of each charter school shall certify that the
91-41 number of pupils who took the examinations required pursuant to
91-42 NRS 389.015 is equal to the number of pupils who are enrolled in
91-43 each school in the school district or in the charter school who are
91-44 required to take the examinations . [except for those pupils who are
92-1 exempt from taking the examinations. A pupil may be exempt from
92-2 taking the examinations if:
92-3 (a) His primary language is not English and his proficiency in
92-4 the English language is below the level that the State Board
92-5 determines is proficient, as measured by an assessment of
92-6 proficiency in the English language prescribed by the State Board
92-7 pursuant to subsection 8; or
92-8 (b) He is enrolled in a program of special education pursuant to
92-9 NRS 388.440 to 388.520, inclusive, and his program of special
92-10 education specifies that he is exempt from taking the examinations.
92-11 7.] 6. In addition to the information required by subsection [5,]
92-12 4, the Superintendent of Public Instruction shall:
92-13 (a) Report the number of pupils who were [not exempt from
92-14 taking the examinations but were] absent from school on the day
92-15 that the examinations were administered; and
92-16 (b) Reconcile the number of pupils who were required to take
92-17 the examinations with the number of pupils who were [exempt from
92-18 taking the examinations or] absent from school on the day that the
92-19 examinations were administered.
92-20 [8. The State Board shall prescribe an assessment of
92-21 proficiency in the English language for pupils whose primary
92-22 language is not English to determine which pupils are exempt from
92-23 the examinations pursuant to paragraph (a) of subsection 6.]
92-24 Sec. 70. NRS 389.500 is hereby amended to read as follows:
92-25 389.500 As used in NRS 389.500 to [389.570,] 389.540,
92-26 inclusive, “Council” means the Council to Establish Academic
92-27 Standards for Public Schools.
92-28 Sec. 71. NRS 389.520 is hereby amended to read as follows:
92-29 389.520 1. The Council shall:
92-30 (a) Establish standards of content and performance, including,
92-31 without limitation, a prescription of the resulting level of
92-32 achievement, for the grade levels set forth in subsection 2, based
92-33 upon the content of each course, that is expected of pupils for the
92-34 following courses of study:
92-35 (1) English, including reading, composition and writing;
92-36 (2) Mathematics;
92-37 (3) Science;
92-38 (4) Social studies, which includes only the subjects of
92-39 history, geography, economics and government;
92-40 (5) The arts;
92-41 (6) Computer education and technology;
92-42 (7) Health; and
92-43 (8) Physical education.
92-44 (b) Establish a schedule for the periodic review and, if
92-45 necessary, revision of the standards of content and performance.
93-1 [The review must include, without limitation, the review required
93-2 pursuant to NRS 389.570 of the results of pupils on the
93-3 examinations administered pursuant to NRS 389.550.]
93-4 (c) Assign priorities to the standards of content and performance
93-5 relative to importance and degree of emphasis and revise the
93-6 standards, if necessary, based upon the priorities.
93-7 2. The Council shall establish standards of content and
93-8 performance for each grade level in kindergarten and grades 1 to 8,
93-9 inclusive, for English and mathematics. The Council shall establish
93-10 standards of content and performance for the grade levels selected
93-11 by the Council for the other courses of study prescribed in
93-12 subsection 1.
93-13 3. The State Board shall adopt the standards of content and
93-14 performance established by the Council.
93-15 [4. The Council shall work in cooperation with the State Board
93-16 to prescribe the examinations required by NRS 389.550.]
93-17 Sec. 72. NRS 389.560 is hereby amended to read as follows:
93-18 389.560 1. The State Board shall adopt regulations that
93-19 require the board of trustees of each school district and the
93-20 governing body of each charter school to submit to
93-21 the Superintendent of Public Instruction, the Department and the
93-22 Council, in the form and manner prescribed by the Superintendent,
93-23 the results of the examinations administered pursuant to NRS
93-24 389.550. The State Board shall not include in the regulations any
93-25 provision that would violate the confidentiality of the test scores of
93-26 an individual pupil.
93-27 2. The results of the examinations must be reported for each
93-28 school, including, without limitation, each charter school, school
93-29 district and this state, as follows:
93-30 (a) The percentage of pupils who have demonstrated
93-31 proficiency, as defined by the Department, and took the
93-32 examinations under regular testing conditions; and
93-33 (b) The percentage of pupils who have demonstrated
93-34 proficiency, as defined by the Department, and took the
93-35 examinations with modifications or accommodations , [approved by
93-36 the private entity that created the examination or, if the Department
93-37 created the examination, the Department,] if such reporting does not
93-38 violate the confidentiality of the test scores of any individual pupil.
93-39 3. [The Department shall adopt regulations prescribing the
93-40 requirements for reporting the results of pupils who:
93-41 (a) Took the examinations under conditions that were not
93-42 approved by the private entity that created the examination or, if the
93-43 Department created the examination, by the Department;
93-44 (b) Are enrolled in special schools for children with disabilities;
94-1 (c) Are enrolled in an alternative program for the education of
94-2 pupils at risk of dropping out of high school, including, without
94-3 limitation, a program of distance education that is provided to pupils
94-4 who are at risk of dropping out of high school pursuant to NRS
94-5 388.820 to 388.874, inclusive; or
94-6 (d) Are detained in a:
94-7 (1) Youth training center;
94-8 (2) Youth center;
94-9 (3) Juvenile forestry camp;
94-10 (4) Detention home;
94-11 (5) Youth camp;
94-12 (6) Juvenile correctional institution; or
94-13 (7) Correctional institution.
94-14 The results reported pursuant to this subsection must not be included
94-15 in the percentage of pupils reported pursuant to subsection 2.
94-16 4.] Not later than 10 days after the Department receives the
94-17 results of the examinations, the Department shall transmit a copy of
94-18 the results to the Legislative Bureau of Educational Accountability
94-19 and Program Evaluation in a manner that does not violate the
94-20 confidentiality of the test scores of any individual pupil.
94-21 [5.] 4. On or before November 15 of each year, each school
94-22 district and each charter school shall report to the Department the
94-23 following information for each examination administered in the
94-24 public schools in the school district or charter school:
94-25 (a) The examination administered;
94-26 (b) The grade level or levels of pupils to whom the examination
94-27 was administered;
94-28 (c) The costs incurred by the school district or charter school in
94-29 administering each examination; and
94-30 (d) The purpose, if any, for which the results of the examination
94-31 are used by the school district or charter school.
94-32 On or before December 15 of each year, the Department shall
94-33 transmit to the Budget Division of the Department of
94-34 Administration and the Fiscal Analysis Division of the Legislative
94-35 Counsel Bureau the information submitted to the Department
94-36 pursuant to this subsection.
94-37 [6.] 5. The superintendent of schools of each school district
94-38 and the governing body of each charter school shall certify that the
94-39 number of pupils who took the examinations is equal to the number
94-40 of pupils who are enrolled in each school in the school district or in
94-41 the charter school who are required to take the examinations . [,
94-42 except for those pupils who are exempt from taking the
94-43 examinations. A pupil may be exempt from taking the examinations
94-44 if:
95-1 (a) His primary language is not English and his proficiency in
95-2 the English language is below the level that the State Board
95-3 determines is proficient, as measured by an assessment of
95-4 proficiency in the English language prescribed by the State Board
95-5 pursuant to subsection 8; or
95-6 (b) He is enrolled in a program of special education pursuant to
95-7 NRS 388.440 to 388.520, inclusive, and his program of special
95-8 education specifies that he is exempt from taking the examinations.
95-9 7.] 6. In addition to the information required by subsection [5,]
95-10 4, the Superintendent of Public Instruction shall:
95-11 (a) Report the number of pupils who were not exempt from
95-12 taking the examinations but were absent from school on the day that
95-13 the examinations were administered; and
95-14 (b) Reconcile the number of pupils who were required to take
95-15 the examinations with the number of pupils who were exempt from
95-16 taking the examinations or absent from school on the day that the
95-17 examinations were administered.
95-18 [8. The State Board shall prescribe an assessment of
95-19 proficiency in the English language for pupils whose primary
95-20 language is not English to determine which pupils are exempt from
95-21 the examinations pursuant to paragraph (a) of subsection 6.]
95-22 Sec. 73. NRS 389.604 is hereby amended to read as follows:
95-23 389.604 “Irregularity in testing administration” means the
95-24 failure to administer an examination to pupils pursuant to NRS
95-25 389.015 [or 389.550] in the manner intended by the person or entity
95-26 that created the examination.
95-27 Sec. 74. NRS 389.608 is hereby amended to read as follows:
95-28 389.608 “Irregularity in testing security” means an act or
95-29 omission that tends to corrupt or impair the security of an
95-30 examination administered to pupils pursuant to NRS 389.015 , [or
95-31 389.550,] including, without limitation:
95-32 1. The failure to comply with security procedures adopted
95-33 pursuant to NRS 389.616 or 389.620;
95-34 2. The disclosure of questions or answers to questions on an
95-35 examination in a manner not otherwise approved by law; and
95-36 3. Other breaches in the security or confidentiality of the
95-37 questions or answers to questions on an examination.
95-38 Sec. 75. NRS 389.616 is hereby amended to read as follows:
95-39 389.616 1. The Department shall, by regulation or otherwise,
95-40 adopt and enforce a plan setting forth procedures to ensure the
95-41 security of examinations that are administered to pupils pursuant to
95-42 NRS 389.015 . [and 389.550.]
95-43 2. A plan adopted pursuant to subsection 1 must include,
95-44 without limitation:
96-1 (a) Procedures pursuant to which pupils, school officials and
96-2 other persons may, and are encouraged to, report irregularities in
96-3 testing administration and testing security.
96-4 (b) Procedures necessary to ensure the security of test materials
96-5 and the consistency of testing administration.
96-6 (c) Procedures that specifically set forth the action that must be
96-7 taken in response to a report of an irregularity in testing
96-8 administration or testing security and the actions that must be taken
96-9 during an investigation of such an irregularity. For each action that
96-10 is required, the procedures must identify:
96-11 (1) By category, the employees of the school district, charter
96-12 school or Department, or any combination thereof, who are
96-13 responsible for taking the action; and
96-14 (2) Whether the school district, charter school or
96-15 Department, or any combination thereof, is responsible for ensuring
96-16 that the action is carried out successfully.
96-17 (d) Objective criteria that set forth the conditions under which a
96-18 school, including, without limitation, a charter school or a school
96-19 district, or both, is required to file a plan for corrective action in
96-20 response to an irregularity in testing administration or testing
96-21 security for the purposes of NRS 389.636.
96-22 3. A copy of the plan adopted pursuant to this section and the
96-23 procedures set forth therein must be submitted on or before
96-24 September 1 of each year to:
96-25 (a) The State Board; and
96-26 (b) The Legislative Committee on Education, created pursuant
96-27 to NRS 218.5352.
96-28 Sec. 76. NRS 389.620 is hereby amended to read as follows:
96-29 389.620 1. The board of trustees of each school district shall,
96-30 for each public school in the district, including, without limitation,
96-31 charter schools, adopt and enforce a plan setting forth procedures to
96-32 ensure the security of examinations.
96-33 2. A plan adopted pursuant to subsection 1 must include,
96-34 without limitation:
96-35 (a) Procedures pursuant to which pupils, school officials and
96-36 other persons may, and are encouraged to, report irregularities in
96-37 testing administration and testing security.
96-38 (b) Procedures necessary to ensure the security of test materials
96-39 and the consistency of testing administration.
96-40 (c) With respect to secondary schools, procedures pursuant to
96-41 which the school district or charter school, as appropriate, will
96-42 verify the identity of pupils taking an examination.
96-43 (d) Procedures that specifically set forth the action that must be
96-44 taken in response to a report of an irregularity in testing
96-45 administration or testing security and the action that must be taken
97-1 during an investigation of such an irregularity. For each action that
97-2 is required, the procedures must identify, by category, the
97-3 employees of the school district or charter school who are
97-4 responsible for taking the action and for ensuring that the action is
97-5 carried out successfully.
97-6 The procedures adopted pursuant to this subsection must be
97-7 consistent, to the extent applicable, with the procedures adopted by
97-8 the Department pursuant to NRS 389.616.
97-9 3. A copy of each plan adopted pursuant to this section and the
97-10 procedures set forth therein must be submitted on or before
97-11 September 1 of each year to:
97-12 (a) The State Board; and
97-13 (b) The Legislative Committee on Education, created pursuant
97-14 to NRS 218.5352.
97-15 4. On or before September 30 of each school year, the board of
97-16 trustees of each school district and the governing body of each
97-17 charter school shall provide a written notice regarding the
97-18 examinations to all teachers and educational personnel employed by
97-19 the school district or governing body, all personnel employed by the
97-20 school district or governing body who are involved in the
97-21 administration of the examinations, all pupils who are required to
97-22 take the examinations and all parents and legal guardians of such
97-23 pupils. The written notice must be prepared in a format that is easily
97-24 understood and must include, without limitation, a description of
97-25 the:
97-26 (a) Plan adopted pursuant to this section; and
97-27 (b) Action that may be taken against personnel and pupils for
97-28 violations of the plan or for other irregularities in testing
97-29 administration or testing security.
97-30 5. As used in this section:
97-31 (a) “Examination” means:
97-32 (1) Achievement and proficiency examinations that are
97-33 administered to pupils pursuant to NRS 389.015 ; [or 389.550;] and
97-34 (2) Any other examinations which measure the achievement
97-35 and proficiency of pupils and which are administered to pupils on a
97-36 district-wide basis.
97-37 (b) “Irregularity in testing administration” means the failure to
97-38 administer an examination in the manner intended by the person or
97-39 entity that created the examination.
97-40 (c) “Irregularity in testing security” means an act or omission
97-41 that tends to corrupt or impair the security of an examination,
97-42 including, without limitation:
97-43 (1) The failure to comply with security procedures adopted
97-44 pursuant to this section or NRS 389.616;
98-1 (2) The disclosure of questions or answers to questions on an
98-2 examination in a manner not otherwise approved by law; and
98-3 (3) Other breaches in the security or confidentiality of the
98-4 questions or answers to questions on an examination.
98-5 Sec. 77. NRS 389.624 is hereby amended to read as follows:
98-6 389.624 1. If the Department:
98-7 (a) Has reason to believe that a violation of the plan adopted
98-8 pursuant to NRS 389.616 may have occurred;
98-9 (b) Has reason to believe that a violation of the plan adopted
98-10 pursuant to NRS 389.620 may have occurred with respect to an
98-11 examination that is administered pursuant to NRS 389.015 ; or
98-12 [389.550; or]
98-13 (c) Receives a request pursuant to subparagraph (2) of paragraph
98-14 (b) of subsection 1 NRS 389.628 to investigate a potential violation
98-15 of the plan adopted pursuant to NRS 389.620 with respect to an
98-16 examination that is administered pursuant to NRS 389.015 , [or
98-17 389.550,]
98-18 the Department shall investigate the matter as it deems appropriate.
98-19 2. If the Department investigates a matter pursuant to
98-20 subsection 1, the Department may issue a subpoena to compel the
98-21 attendance or testimony of a witness or the production of any
98-22 relevant materials, including, without limitation, books, papers,
98-23 documents, records, photographs, recordings, reports and tangible
98-24 objects.
98-25 3. If a witness refuses to attend, testify or produce materials as
98-26 required by the subpoena, the Department may report to the district
98-27 court by petition, setting forth that:
98-28 (a) Due notice has been given of the time and place of
98-29 attendance or testimony of the witness or the production of
98-30 materials;
98-31 (b) The witness has been subpoenaed by the Department
98-32 pursuant to this section; and
98-33 (c) The witness has failed or refused to attend, testify or produce
98-34 materials before the Department as required by the subpoena, or has
98-35 refused to answer questions propounded to him,
98-36 and asking for an order of the court compelling the witness to
98-37 attend, testify or produce materials before the Department.
98-38 4. Upon receipt of such a petition, the court shall enter an order
98-39 directing the witness to appear before the court at a time and place
98-40 to be fixed by the court in its order, the time to be not more than 10
98-41 days after the date of the order, and then and there show cause why
98-42 he has not attended, testified or produced materials before the
98-43 Department. A certified copy of the order must be served upon the
98-44 witness.
99-1 5. If it appears to the court that the subpoena was regularly
99-2 issued by the Department, the court shall enter an order that the
99-3 witness appear before the Department at a time and place fixed in
99-4 the order and testify or produce materials, and that upon failure to
99-5 obey the order the witness must be dealt with as for contempt of
99-6 court.
99-7 Sec. 78. NRS 389.628 is hereby amended to read as follows:
99-8 389.628 1. If a school official has reason to believe that a
99-9 violation of the plan adopted pursuant to NRS 389.620 may have
99-10 occurred, the school official shall immediately report the incident to
99-11 the board of trustees of the school district. If the board of trustees of
99-12 a school district has reason to believe that a violation of the plan
99-13 adopted pursuant to NRS 389.620 may have occurred, the board of
99-14 trustees shall:
99-15 (a) If the violation is with respect to an examination
99-16 administered pursuant to NRS 389.015 , [or 389.550,] immediately
99-17 report the incident to the Department orally or in writing , followed
99-18 by a comprehensive written report within 14 school days after the
99-19 incident occurred; and
99-20 (b) Cause to be commenced an investigation of the incident. The
99-21 board of trustees may carry out the requirements of this paragraph
99-22 by:
99-23 (1) Investigating the incident as it deems appropriate,
99-24 including, without limitation, using the powers of subpoena set forth
99-25 in this section.
99-26 (2) With respect to an examination that is administered
99-27 pursuant to NRS 389.015 , [or 389.550,] requesting that the
99-28 Department investigate the incident pursuant to
99-29 NRS 389.624.
99-30 The fact that a board of trustees elects initially to carry out its own
99-31 investigation pursuant to subparagraph (1) of paragraph (b) does not
99-32 affect the ability of the board of trustees to request, at any time, that
99-33 the Department investigate the incident as authorized pursuant to
99-34 subparagraph (2) of paragraph (b).
99-35 2. Except as otherwise provided in this subsection, if the board
99-36 of trustees of a school district proceeds in accordance with
99-37 subparagraph (1) of paragraph (b) of subsection 1, the board of
99-38 trustees may issue a subpoena to compel the attendance or testimony
99-39 of a witness or the production of any relevant materials, including,
99-40 without limitation, books, papers, documents, records, photographs,
99-41 recordings, reports and tangible objects. A board of trustees shall
99-42 not issue a subpoena to compel the attendance or testimony of a
99-43 witness or the production of materials unless the attendance,
99-44 testimony or production sought to be compelled is related directly to
100-1 a violation or an alleged violation of the plan adopted pursuant to
100-2 NRS 389.620.
100-3 3. If a witness refuses to attend, testify or produce materials as
100-4 required by the subpoena, the board of trustees may report to the
100-5 district court by petition, setting forth that:
100-6 (a) Due notice has been given of the time and place of
100-7 attendance or testimony of the witness or the production of
100-8 materials;
100-9 (b) The witness has been subpoenaed by the board of trustees
100-10 pursuant to this section; and
100-11 (c) The witness has failed or refused to attend, testify or produce
100-12 materials before the board of trustees as required by the subpoena,
100-13 or has refused to answer questions propounded to him,
100-14 and asking for an order of the court compelling the witness to
100-15 attend, testify or produce materials before the board of trustees.
100-16 4. Upon receipt of such a petition, the court shall enter an order
100-17 directing the witness to appear before the court at a time and place
100-18 to be fixed by the court in its order, the time to be not more than 10
100-19 days after the date of the order, and then and there show cause why
100-20 he has not attended, testified or produced materials before the board
100-21 of trustees. A certified copy of the order must be served upon the
100-22 witness.
100-23 5. If it appears to the court that the subpoena was regularly
100-24 issued by the board of trustees, the court shall enter an order that the
100-25 witness appear before the board of trustees at a time and place fixed
100-26 in the order and testify or produce materials, and that upon failure to
100-27 obey the order the witness must be dealt with as for contempt of
100-28 court.
100-29 Sec. 79. NRS 389.632 is hereby amended to read as follows:
100-30 389.632 1. Except as otherwise provided in subsection [8,] 5,
100-31 if the Department determines:
100-32 (a) That at least one irregularity in testing administration
100-33 occurred at a school, including, without limitation, a charter school,
100-34 during 1 school year on the examinations administered pursuant to
100-35 NRS 389.015, excluding the high school proficiency examination;
100-36 (b) That in the immediately succeeding school year, at least one
100-37 additional irregularity in testing administration occurred at that
100-38 school on the examinations administered pursuant to NRS 389.015,
100-39 excluding the high school proficiency examination; and
100-40 (c) Based upon the criteria set forth in subsection [5,] 2, that the
100-41 irregularities described in paragraphs (a) and (b) warrant an
100-42 additional administration of the examinations,
100-43 the Department shall notify the school and the school district in
100-44 which the school is located that the school is required to provide for
100-45 an additional administration of the examinations to pupils who are
101-1 enrolled in a grade that is required to take the examinations pursuant
101-2 to NRS 389.015, excluding the high school proficiency
101-3 examination, or to the pupils the Department determines must take
101-4 the additional administration pursuant to subsection [6.] 3. The
101-5 additional administration must occur in the same school year in
101-6 which the irregularity described in paragraph (b) occurred. [The]
101-7 Except as otherwise provided in this subsection, the school district
101-8 shall pay for all costs related to the administration of examinations
101-9 pursuant to this subsection. If a charter school is required to
101-10 administer examinations pursuant to this subsection, the charter
101-11 school shall pay for all costs related to the administration of the
101-12 examinations to pupils enrolled in the charter school.
101-13 2. [If the Department determines that:
101-14 (a) At least one irregularity in testing administration occurred at
101-15 a school, including, without limitation, a charter school, during 1
101-16 school year on the examinations administered pursuant to
101-17 NRS 389.550;
101-18 (b) In the immediately succeeding school year, at least one
101-19 additional irregularity in testing administration occurred at that
101-20 school on the examinations administered pursuant to NRS 389.550;
101-21 and
101-22 (c) Based upon the criteria set forth in subsection 5, that the
101-23 irregularities described in paragraphs (a) and (b) warrant an
101-24 additional administration of the examinations,
101-25 the Department shall notify the school and the school district in
101-26 which the school is located that the school is required to provide for
101-27 an additional administration of the examinations to pupils who are
101-28 enrolled in a grade that is required to take the examinations pursuant
101-29 to NRS 389.550 or to the pupils the Department determines must
101-30 take the additional administration pursuant to subsection 6. The
101-31 additional administration must occur in the same school year in
101-32 which the irregularity described in paragraph (b) occurred. The
101-33 school district shall pay for all costs related to the administration of
101-34 examinations pursuant to this subsection.
101-35 3. If the Department determines that:
101-36 (a) At least one irregularity in testing administration occurred at
101-37 a school, including, without limitation, a charter school, during 1
101-38 school year on the examinations administered pursuant to NRS
101-39 389.015, excluding the high school proficiency examination;
101-40 (b) In the immediately succeeding school year, at least one
101-41 additional irregularity in testing administration occurred at that
101-42 school on the examinations administered pursuant to NRS 389.550;
101-43 and
102-1 (c) Based upon the criteria set forth in subsection 5, that the
102-2 irregularities described in paragraphs (a) and (b) warrant an
102-3 additional administration of the examinations,
102-4 the Department shall notify the school and the school district in
102-5 which the school is located that the school is required to provide for
102-6 an additional administration of the examinations to pupils who are
102-7 enrolled in a grade that is required to take the examinations pursuant
102-8 to NRS 389.550 or to the pupils the Department determines must
102-9 take the additional administration pursuant to subsection 6. The
102-10 additional administration must occur in the same school year in
102-11 which the irregularity described in paragraph (b) occurred. The
102-12 school district shall pay for all costs related to the administration of
102-13 examinations pursuant to this subsection.
102-14 4. Except as otherwise provided in subsection 8, if the
102-15 Department determines that:
102-16 (a) At least one irregularity in testing administration occurred at
102-17 a school, including, without limitation, a charter school, during 1
102-18 school year on the examinations administered pursuant to
102-19 NRS 389.550;
102-20 (b) In the immediately succeeding school year, at least one
102-21 additional irregularity in testing administration occurred at that
102-22 school on the examinations administered pursuant to NRS 389.015,
102-23 excluding the high school proficiency examination; and
102-24 (c) Based upon the criteria set forth in subsection 5, that the
102-25 irregularities described in paragraphs (a) and (b) warrant an
102-26 additional administration of the examinations,
102-27 the Department shall notify the school and the school district in
102-28 which the school is located that the school is required to provide for
102-29 an additional administration of the examinations to pupils who are
102-30 enrolled in a grade that is required to take the examinations pursuant
102-31 to NRS 389.015, excluding the high school proficiency
102-32 examination, or to the pupils the Department determines must take
102-33 the additional administration pursuant to subsection 6. The
102-34 additional administration must occur in the same school year in
102-35 which the irregularity described in paragraph (b) occurred. The
102-36 school district shall pay for all costs related to the administration of
102-37 examinations pursuant to this subsection.
102-38 5.] In determining whether to require a school to provide for an
102-39 additional administration of examinations pursuant to this section,
102-40 the Department shall consider:
102-41 (a) The effect of each irregularity in testing administration,
102-42 including, without limitation, whether the irregularity required the
102-43 scores of pupils to be invalidated; and
102-44 (b) Whether sufficient time remains in the school year to
102-45 provide for an additional administration of examinations.
103-1 [6.] 3. If the Department determines pursuant to subsection [5]
103-2 2 that a school must provide for an additional administration of
103-3 examinations, the Department may consider whether the most recent
103-4 irregularity in testing administration affected the test scores of a
103-5 limited number of pupils and require the school to provide an
103-6 additional administration of examinations pursuant to this section
103-7 only to those pupils whose test scores were affected by the most
103-8 recent irregularity.
103-9 [7.] 4. The Department shall provide as many notices pursuant
103-10 to this section during 1 school year as are applicable to the
103-11 irregularities occurring at a school. A school shall provide for
103-12 additional administrations of examinations pursuant to this section
103-13 within 1 school year as applicable to the irregularities occurring at
103-14 the school.
103-15 [8.] 5. If a school is required to provide an additional
103-16 administration of examinations pursuant to [subsection 2 of NRS
103-17 385.368] section 11 of this act for a school year, the school is not
103-18 required to provide for an additional administration pursuant to
103-19 [subsection 1 or 4] this section in that school year. The Department
103-20 shall ensure that the information required pursuant to paragraph (b)
103-21 of subsection 3 of NRS 389.648 is included in its report for the
103-22 additional administration provided by such a school pursuant to
103-23 [subsection 2 of NRS 385.368.] section 11 of this act.
103-24 Sec. 80. NRS 389.644 is hereby amended to read as follows:
103-25 389.644 1. The Department shall establish a program of
103-26 education and training regarding the administration and security of
103-27 the examinations administered pursuant to NRS 389.015 . [and
103-28 389.550.] Upon approval of the Department, the board of trustees of
103-29 a school district or the governing body of a charter school may
103-30 establish an expanded program of education and training that
103-31 includes additional education and training if the expanded program
103-32 complies with the program established by the Department.
103-33 2. The board of trustees of each school district and the
103-34 governing body of each charter school shall ensure that:
103-35 (a) All the teachers and other educational personnel who provide
103-36 instruction to pupils enrolled in a grade level that is required to be
103-37 tested pursuant to NRS 389.015 , [or 389.550,] and all other
103-38 personnel who are involved with the administration of the
103-39 examinations that are administered pursuant to NRS 389.015 , [or
103-40 389.550,] receive, on an annual basis, the program of education and
103-41 training established by the Department or the expanded program, if
103-42 applicable; and
103-43 (b) The training and education is otherwise available for all
103-44 personnel who are not required to receive the training and education
103-45 pursuant to paragraph (a).
104-1 Sec. 81. NRS 389.900 is hereby amended to read as follows:
104-2 389.900 If the Department enters into a contract with a person
104-3 or entity to score the results of an examination that is administered
104-4 to pupils pursuant to NRS 389.015 [or 389.550] and the contract
104-5 sets forth penalties or sanctions in the event that the person or entity
104-6 fails to deliver the scored results to a school district or charter
104-7 school on a timely basis, the Department shall ensure that any such
104-8 penalties or sanctions are fully enforced.
104-9 Sec. 82. Chapter 391 of NRS is hereby amended by adding
104-10 thereto the provisions set forth as sections 83 to 92, inclusive, of this
104-11 act.
104-12 Sec. 83. As used in this chapter, unless the context otherwise
104-13 requires, the words and terms defined in NRS 391.005 and section
104-14 84 of this act have the meanings ascribed to them in those
104-15 sections.
104-16 Sec. 84. 1. “Paraprofessional” means a person who is
104-17 assigned by a school district or charter school to:
104-18 (a) Provide one-on-one tutoring for a pupil;
104-19 (b) Assist with the management of a classroom, including,
104-20 without limitation, organizing instructional materials;
104-21 (c) Provide assistance in a computer laboratory;
104-22 (d) Conduct parental involvement activities in conjunction
104-23 with one or more duties set forth in this subsection;
104-24 (e) Provide support in a library or media center;
104-25 (f) Except as otherwise provided in subsection 2, provide
104-26 services as a translator; or
104-27 (g) Provide instructional services to pupils under the direct
104-28 supervision of a licensed teacher.
104-29 2. The term “paraprofessional” does not include a person
104-30 who:
104-31 (a) Is proficient in the English language and a language other
104-32 than English and who provides services as a translator primarily
104-33 to enhance the participation of children in programs that are
104-34 financially supported pursuant to the No Child Left Behind Act of
104-35 2001, 20 U.S.C. §§ 6301 et seq.
104-36 (b) Solely conducts parental involvement activities.
104-37 Sec. 85. 1. The board of trustees of each school district
104-38 shall ensure that the percentage of experienced teachers who
104-39 teach in schools in the school district that are designated as
104-40 demonstrating need for improvement is the same or higher as the
104-41 percentage of experienced teachers who teach in schools that are
104-42 not designated as demonstrating need for improvement.
104-43 2. As used in this section, “experienced teacher” means a
104-44 teacher who has 5 or more years of experience teaching in the
105-1 classroom and possesses other qualifications prescribed by the
105-2 State Board.
105-3 Sec. 86. 1. Upon the request of a parent or legal guardian
105-4 of a pupil who is enrolled in a public school, the board of trustees
105-5 of the school district in which the school is located or the
105-6 governing body of the charter school, as applicable, shall provide
105-7 to the parent or guardian information regarding the professional
105-8 qualifications of the pupil’s teachers. The State Board shall
105-9 prescribe the time by which such information must be provided
105-10 after receipt of the request by the school district or charter school.
105-11 The information provided must include, without limitation:
105-12 (a) For each teacher who provides instruction to the pupil:
105-13 (1) Whether the teacher holds a license for the grade level
105-14 and subject area in which the teacher provides instruction;
105-15 (2) Whether the teacher is:
105-16 (I) Providing instruction pursuant to NRS 391.125;
105-17 (II) Providing instruction pursuant to a waiver of the
105-18 requirements for licensure for the grade level or subject area in
105-19 which the teacher is employed; or
105-20 (III) Otherwise providing instruction without an
105-21 endorsement for the subject area in which the teacher is
105-22 employed; and
105-23 (3) The degree held by the teacher and any other graduate
105-24 certification or degree held by the teacher, including, without
105-25 limitation, the field in which each degree or certification was
105-26 obtained; and
105-27 (b) If a paraprofessional, as defined in section 84 of this act,
105-28 provides services to the pupil, the qualifications of the
105-29 paraprofessional.
105-30 2. At the beginning of each school year, the board of trustees
105-31 of each school district and the governing body of each charter
105-32 school shall provide written notice to the parents and guardians of
105-33 each pupil enrolled in a school within the school district or
105-34 enrolled in the charter school, as applicable, that a parent or
105-35 guardian may request information pursuant to subsection 1. The
105-36 State Board shall prescribe the date by which the notice required
105-37 by this subsection must be provided.
105-38 3. The information required pursuant to subsection 1 and the
105-39 notice required pursuant to subsection 2 must be provided in a
105-40 uniform and understandable format and, to the extent practicable,
105-41 in a language that parents and guardians can understand.
105-42 Sec. 87. 1. If a pupil enrolled in a Title I school or a school
105-43 that is designated as needing improvement pursuant to section 14
105-44 of this act:
106-1 (a) Is assigned to a teacher, as his regular classroom teacher,
106-2 who is not highly qualified; or
106-3 (b) Has been taught for 4 consecutive weeks or more by a
106-4 teacher who is not the pupil’s regular classroom teacher and who
106-5 is not highly qualified,
106-6 the principal of the school or the administrative head of the
106-7 charter school, as applicable, shall provide notice of that fact to
106-8 the parent or legal guardian of the pupil.
106-9 2. The State Board shall prescribe the date on which the
106-10 notice required by subsection 1 must be provided. The notice must
106-11 be provided in a uniform and understandable format and, to the
106-12 extent practicable, in a language that parents and guardians can
106-13 understand.
106-14 3. As used in this section, “highly qualified” has the meaning
106-15 ascribed to it in 20 U.S.C. § 7801(23).
106-16 Sec. 88. 1. The State Board shall adopt regulations
106-17 prescribing the qualifications for the certification of
106-18 paraprofessionals and the procedures for the issuance and
106-19 renewal of such certificates. The regulations must include the
106-20 causes for suspension and revocation of a certificate and the
106-21 procedures to be carried out if action is taken to suspend or revoke
106-22 a certificate. The State Board shall consider and may adopt
106-23 regulations that provide for the reciprocal certification of
106-24 paraprofessionals from other states.
106-25 2. An applicant for a certificate as a paraprofessional must
106-26 submit to the State Board proof that he satisfies the requirements
106-27 of the State Board established by regulation pursuant to
106-28 subsection 1 and that he has:
106-29 (a) Completed at least 2 years of study at an institution of
106-30 higher education;
106-31 (b) Obtained an associate’s degree or a higher degree; or
106-32 (c) Passed an examination prescribed by the State Board
106-33 pursuant to this subsection.
106-34 The State Board shall prescribe at least one examination that is
106-35 required of an applicant for a certificate as a paraprofessional if
106-36 the applicant does not qualify for a certificate pursuant to
106-37 paragraph (a) or (b).
106-38 3. An application for the issuance of a certificate must
106-39 include the social security number of the applicant.
106-40 4. Every applicant for a certificate must submit with his
106-41 application a complete set of his fingerprints and written
106-42 permission authorizing the State Board to forward the fingerprints
106-43 to the Federal Bureau of Investigation and to the Central
106-44 Repository for Nevada Records of Criminal History for their
106-45 reports on the criminal history of the applicant.
107-1 5. A certificate must be issued to an applicant if:
107-2 (a) The State Board determines that the applicant satisfies the
107-3 requirements of this section and the requirements prescribed by
107-4 the State Board pursuant to subsection 1;
107-5 (b) The applicant submits:
107-6 (1) The fee prescribed by section 91 of this act; and
107-7 (2) The statement required by section 90 of this act; and
107-8 (c) The reports on the criminal history of the applicant from
107-9 the Federal Bureau of Investigation and the Central Repository
107-10 for Nevada Records of Criminal History:
107-11 (1) Do not indicate that the applicant has been convicted of
107-12 a felony or any other offense involving moral turpitude; or
107-13 (2) Indicate that the applicant has been convicted of a
107-14 felony or an offense involving moral turpitude but the State Board
107-15 determines that the conviction is unrelated to the position within
107-16 the school district or charter school for which the applicant
107-17 applied.
107-18 6. A person who holds a certificate issued pursuant to this
107-19 section must not be considered a licensed teacher or other licensed
107-20 employee of a school district or charter school unless he holds a
107-21 license to teach issued pursuant to NRS 391.031.
107-22 Sec. 89. 1. An application to the State Board for a
107-23 certificate as a paraprofessional and all documents in the
107-24 Department’s file relating to the application, including:
107-25 (a) The applicant’s health records;
107-26 (b) The applicant’s fingerprints and any report from the
107-27 Federal Bureau of Investigation or the Central Repository for
107-28 Nevada Records of Criminal History;
107-29 (c) Transcripts of the applicant’s record at colleges or other
107-30 educational institutions;
107-31 (d) The applicant’s scores, if any, on the examinations
107-32 administered pursuant to the regulations adopted by the State
107-33 Board;
107-34 (e) Any correspondence concerning the application; and
107-35 (f) Any other personal information,
107-36 are confidential.
107-37 2. It is unlawful to disclose or release the information in an
107-38 application or any related document except pursuant to paragraph
107-39 (d) of subsection 6 of NRS 179A.075 or the applicant’s written
107-40 authorization.
107-41 3. The Department shall, upon request, make available the
107-42 applicant’s file for his inspection during regular business hours.
107-43 Sec. 90. 1. An applicant for the issuance or renewal of a
107-44 certificate issued pursuant to section 88 of this act shall submit to
107-45 the State Board the statement prescribed by the Welfare Division
108-1 of the Department of Human Resources pursuant to NRS 425.520.
108-2 The statement must be completed and signed by the applicant.
108-3 2. The State Board shall include the statement required
108-4 pursuant to subsection 1 in:
108-5 (a) The application or any other forms that must be submitted
108-6 for the issuance or renewal of the certificate; or
108-7 (b) A separate form prescribed by the State Board.
108-8 3. A certificate may not be issued or renewed by the State
108-9 Board pursuant to this chapter if the applicant:
108-10 (a) Fails to submit the statement required pursuant to
108-11 subsection 1; or
108-12 (b) Indicates on the statement submitted pursuant to
108-13 subsection 1 that he is subject to a court order for the support of a
108-14 child and is not in compliance with the order or a plan approved
108-15 by the district attorney or other public agency enforcing the order
108-16 for the repayment of the amount owed pursuant to the order.
108-17 4. If an applicant indicates on the statement submitted
108-18 pursuant to subsection 1 that he is subject to a court order for the
108-19 support of a child and is not in compliance with the order or a
108-20 plan approved by the district attorney or other public agency
108-21 enforcing the order for the repayment of the amount owed
108-22 pursuant to the order, the State Board shall advise the applicant to
108-23 contact the district attorney or other public agency enforcing the
108-24 order to determine the actions that the applicant may take to
108-25 satisfy the arrearage.
108-26 Sec. 91. 1. The State Board shall prescribe fees of not more
108-27 $65 for the issuance and renewal of a certificate as a
108-28 paraprofessional. An additional fee may be prescribed in an
108-29 amount not to exceed the amount charged by the Federal Bureau
108-30 of Investigation for processing the fingerprints of the applicant.
108-31 2. The portion of each fee which represents the amount
108-32 charged by the Federal Bureau of Investigation for processing the
108-33 fingerprints of the applicant must be deposited with the State
108-34 Treasurer for credit to the appropriate account of the Department
108-35 of Public Safety. The remaining portion of the money received
108-36 from the fees must be deposited with the State Treasurer for credit
108-37 to the appropriate account of the Department of Education.
108-38 Sec. 92. 1. If the State Board receives a copy of a court
108-39 order issued pursuant to NRS 425.540 that provides for the
108-40 suspension of all professional, occupational and recreational
108-41 licenses, certificates and permits issued to a person who is the
108-42 holder of a certificate issued pursuant to section 88 of this act, the
108-43 State Board shall deem the certificate issued to that person to be
108-44 suspended at the end of the 30th day after the date on which the
108-45 court order was issued unless the State Board receives a letter
109-1 issued to the holder of the certificate by the district attorney or
109-2 other public agency pursuant to NRS 425.550 stating that the
109-3 holder of the certificate has complied with the subpoena or
109-4 warrant or has satisfied the arrearage pursuant to NRS 425.560.
109-5 2. The State Board shall reinstate a certificate issued
109-6 pursuant to this chapter that has been suspended by a district
109-7 court pursuant to NRS 425.540 if the State Board receives a letter
109-8 issued by the district attorney or other public agency pursuant to
109-9 NRS 425.550 to the person whose certificate was suspended
109-10 stating that the person whose certificate was suspended has
109-11 complied with the subpoena or warrant or has satisfied the
109-12 arrearage pursuant to NRS 425.560.
109-13 Sec. 93. NRS 391.005 is hereby amended to read as follows:
109-14 391.005 [As used in this chapter, unless the context otherwise
109-15 requires,] “Commission” means the Commission on Professional
109-16 Standards in Education.
109-17 Sec. 94. NRS 391.019 is hereby amended to read as follows:
109-18 391.019 1. Except as otherwise provided in NRS 391.027,
109-19 the Commission:
109-20 (a) Shall adopt regulations:
109-21 (1) Prescribing the qualifications for licensing teachers and
109-22 other educational personnel , including, without limitation, the
109-23 qualifications for a license to teach middle school or junior high
109-24 school education, and the procedures for the issuance and renewal
109-25 of such licenses.
109-26 (2) Identifying fields of specialization in teaching which
109-27 require the specialized training of teachers.
109-28 (3) Except as otherwise provided in NRS 391.125, requiring
109-29 teachers to obtain from the Department an endorsement in a field of
109-30 specialization to be eligible to teach in that field of specialization.
109-31 (4) Setting forth the educational requirements a teacher must
109-32 satisfy to qualify for an endorsement in each field of specialization.
109-33 (5) Setting forth the qualifications and requirements for
109-34 obtaining a license or endorsement to teach American Sign
109-35 Language.
109-36 (b) May adopt such other regulations as it deems necessary for
109-37 its own government or to carry out its duties.
109-38 2. Any regulation which increases the amount of education,
109-39 training or experience required for licensing:
109-40 (a) Must, in addition to the requirements for publication in
109-41 chapter 233B of NRS, be publicized before its adoption in a manner
109-42 reasonably calculated to inform those persons affected by the
109-43 change.
109-44 (b) Must not become effective until at least 1 year after the date
109-45 it is adopted by the Commission.
110-1 (c) Is not applicable to a license in effect on the date the
110-2 regulation becomes effective.
110-3 Sec. 95. NRS 391.019 is hereby amended to read as follows:
110-4 391.019 1. Except as otherwise provided in NRS 391.027,
110-5 the Commission:
110-6 (a) Shall adopt regulations:
110-7 (1) Prescribing the qualifications for licensing teachers and
110-8 other educational personnel , including, without limitation, the
110-9 qualifications for a license to teach middle school or junior high
110-10 school education, and the procedures for the issuance and renewal
110-11 of such licenses.
110-12 (2) Identifying fields of specialization in teaching which
110-13 require the specialized training of teachers.
110-14 (3) Except as otherwise provided in NRS 391.125, requiring
110-15 teachers to obtain from the Department an endorsement in a field of
110-16 specialization to be eligible to teach in that field of specialization.
110-17 (4) Setting forth the educational requirements a teacher must
110-18 satisfy to qualify for an endorsement in each field of specialization.
110-19 (5) Setting forth the qualifications and requirements for
110-20 obtaining a license or endorsement to teach American Sign
110-21 Language, including, without limitation, being qualified to engage
110-22 in the practice of interpreting pursuant to subsection 3 of
110-23 NRS 656A.100.
110-24 (6) Except as otherwise authorized by subsection 4 of NRS
110-25 656A.100, requiring teachers and other educational personnel to
110-26 satisfy the qualifications set forth in subsection 3 of NRS 656A.100
110-27 if they:
110-28 (I) Provide instruction or other educational services; and
110-29 (II) Concurrently engage in the practice of interpreting, as
110-30 defined in NRS [656A.040.] 656A.060.
110-31 (b) May adopt such other regulations as it deems necessary for
110-32 its own government or to carry out its duties.
110-33 2. Any regulation which increases the amount of education,
110-34 training or experience required for licensing:
110-35 (a) Must, in addition to the requirements for publication in
110-36 chapter 233B of NRS, be publicized before its adoption in a manner
110-37 reasonably calculated to inform those persons affected by the
110-38 change.
110-39 (b) Must not become effective until at least 1 year after the date
110-40 it is adopted by the Commission.
110-41 (c) Is not applicable to a license in effect on the date the
110-42 regulation becomes effective.
110-43 Sec. 96. NRS 391.031 is hereby amended to read as follows:
110-44 391.031 There are the following kinds of licenses for teachers
110-45 and other educational personnel in this state:
111-1 1. A license to teach elementary education, which authorizes
111-2 the holder to teach in any elementary school in the state.
111-3 2. A license to teach middle school or junior high school
111-4 education, which authorizes the holder to teach in his major or
111-5 minor field of preparation or in both fields in grades 7, 8 and 9 at
111-6 any middle school or junior high school. He may teach only in
111-7 these fields unless an exception is approved pursuant to
111-8 regulations adopted by the Commission.
111-9 3. A license to teach secondary education, which authorizes the
111-10 holder to teach in his major or minor field of preparation or in both
111-11 fields in any secondary school. He may teach only in these fields
111-12 unless an exception is approved pursuant to regulations adopted by
111-13 the Commission.
111-14 [3.] 4. A special license, which authorizes the holder to teach
111-15 or perform other educational functions in a school or program as
111-16 designated in the license.
111-17 Sec. 97. NRS 391.100 is hereby amended to read as follows:
111-18 391.100 1. The board of trustees of a school district may
111-19 employ a superintendent of schools, teachers and all other necessary
111-20 employees. A person who is initially hired on or after January 1,
111-21 2006, to provide instruction in:
111-22 (a) English, reading or language arts;
111-23 (b) Mathematics;
111-24 (c) Science;
111-25 (d) Foreign language;
111-26 (e) Civics or government;
111-27 (f) Economics;
111-28 (g) Geography;
111-29 (h) History; or
111-30 (i) The arts,
111-31 in grades 7, 8 or 9 at a middle school or junior high school must
111-32 hold a license to teach middle school or junior high school
111-33 education or a license to teach secondary education. For the
111-34 purposes of this subsection, a person is not “initially hired” if he
111-35 has been employed as a licensed teacher by another school district
111-36 or charter school in this state without an interruption in
111-37 employment before the date of hire by his current employer.
111-38 2. The board of trustees of a school district:
111-39 (a) May employ teacher aides and other auxiliary,
111-40 nonprofessional personnel to assist licensed personnel in the
111-41 instruction or supervision of children, either in the classroom or at
111-42 any other place in the school or on the grounds thereof . [; and] A
111-43 person who is initially hired on or after July 1, 2004, to perform
111-44 a duty of a paraprofessional must hold a certificate as a
111-45 paraprofessional issued pursuant to section 88 of this act. For the
112-1 purposes of this paragraph, a person is not “initially hired” if he
112-2 has been employed as a paraprofessional by another school
112-3 district or charter school in this state without an interruption in
112-4 employment before the date of hire by his current employer.
112-5 (b) Shall establish policies governing the duties and
112-6 performance of teacher aides.
112-7 3. [Each] Except as otherwise provided in this subsection,
112-8 each applicant for employment pursuant to this section[, except a
112-9 teacher or other person licensed by the Superintendent of Public
112-10 Instruction,] must, as a condition to employment, submit to the
112-11 school district a full set of his fingerprints and written permission
112-12 authorizing the school district to forward the fingerprints to the
112-13 Federal Bureau of Investigation and the Central Repository for
112-14 Nevada Records of Criminal History for their reports on the
112-15 criminal history of the applicant. The provisions of this section do
112-16 not apply to:
112-17 (a) A teacher or other person licensed by the Superintendent of
112-18 Public Instruction.
112-19 (b) A paraprofessional who has obtained a certificate pursuant
112-20 to section 88 of this act.
112-21 4. Except as otherwise provided in subsection 5, the board of
112-22 trustees of a school district shall not require a licensed teacher or
112-23 other person licensed by the Superintendent of Public Instruction
112-24 pursuant to NRS 391.033 who has taken a leave of absence from
112-25 employment authorized by the school district, including, without
112-26 limitation:
112-27 (a) Sick leave;
112-28 (b) Sabbatical leave;
112-29 (c) Personal leave;
112-30 (d) Leave for attendance at a regular or special session of the
112-31 Legislature of this state if the employee is a member thereof;
112-32 (e) Maternity leave; and
112-33 (f) Leave permitted by the Family and Medical Leave Act of
112-34 1993, 29 U.S.C. §§ 2601 et seq.,
112-35 to submit a set of his fingerprints as a condition of return to or
112-36 continued employment with the school district if the employee is in
112-37 good standing when the employee began the leave.
112-38 5. A board of trustees of a school district may ask the
112-39 Superintendent of Public Instruction to require a person licensed by
112-40 the Superintendent of Public Instruction pursuant to NRS 391.033
112-41 who has taken a leave of absence from employment authorized by
112-42 the school district to submit a set of his fingerprints as a condition of
112-43 return to or continued employment with the school district if the
112-44 board of trustees has probable cause to believe that the person has
113-1 committed a felony or an offense involving moral turpitude during
113-2 the period of his leave of absence.
113-3 6. The board of trustees of a school district may employ or
113-4 appoint persons to serve as school police officers. If the board of
113-5 trustees of a school district employs or appoints persons to serve as
113-6 school police officers, the board of trustees shall employ a law
113-7 enforcement officer to serve as the chief of school police who is
113-8 supervised by the superintendent of schools of the school district.
113-9 The chief of school police shall supervise each person appointed or
113-10 employed by the board of trustees as a school police officer. In
113-11 addition, persons who provide police services pursuant to subsection
113-12 7 or 8 shall be deemed school police officers.
113-13 7. The board of trustees of a school district in a county that has
113-14 a metropolitan police department created pursuant to chapter 280 of
113-15 NRS[,] may contract with the metropolitan police department for
113-16 the provision and supervision of police services in the public
113-17 schools within the jurisdiction of the metropolitan police department
113-18 and on property therein that is owned by the school district. If a
113-19 contract is entered into pursuant to this subsection, the contract must
113-20 make provision for the transfer of each school police officer
113-21 employed by the board of trustees to the metropolitan police
113-22 department. If the board of trustees of a school district contracts
113-23 with a metropolitan police department pursuant to this subsection,
113-24 the board of trustees shall, if applicable, cooperate with appropriate
113-25 local law enforcement agencies within the school district for the
113-26 provision and supervision of police services in the public schools
113-27 within the school district and on property owned by the school
113-28 district, but outside the jurisdiction of the metropolitan police
113-29 department.
113-30 8. The board of trustees of a school district in a county that
113-31 does not have a metropolitan police department created pursuant to
113-32 chapter 280 of NRS may contract with the sheriff of that county for
113-33 the provision of police services in the public schools within the
113-34 school district and on property therein that is owned by the school
113-35 district.
113-36 Sec. 98. NRS 391.100 is hereby amended to read as follows:
113-37 391.100 1. The board of trustees of a school district may
113-38 employ a superintendent of schools, teachers and all other necessary
113-39 employees. A person who is initially hired on or after January 1,
113-40 2006, to provide instruction in:
113-41 (a) English, reading or language arts;
113-42 (b) Mathematics;
113-43 (c) Science;
113-44 (d) Foreign language;
113-45 (e) Civics or government;
114-1 (f) Economics;
114-2 (g) Geography;
114-3 (h) History; or
114-4 (i) The arts,
114-5 in grades 7, 8 or 9 at a middle school or junior high school must
114-6 hold a license to teach middle school or junior high school education
114-7 or a license to teach secondary education. For the purposes of this
114-8 subsection, a person is not “initially hired” if he has been employed
114-9 as a licensed teacher by another school district or charter school in
114-10 this state without an interruption in employment before the date of
114-11 hire by his current employer.
114-12 2. The board of trustees of a school district:
114-13 (a) May employ teacher aides and other auxiliary,
114-14 nonprofessional personnel to assist licensed personnel in the
114-15 instruction or supervision of children, either in the classroom or at
114-16 any other place in the school or on the grounds thereof. A person
114-17 who is [initially hired on or after July 1, 2004,]employed to perform
114-18 a duty of a paraprofessional must hold a certificate as a
114-19 paraprofessional issued pursuant to section 88 of this act. [For the
114-20 purposes of this paragraph, a person is not “initially hired” if he has
114-21 been employed as a paraprofessional by another school district or
114-22 charter school in this state without an interruption in employment
114-23 before the date of hire by his current employer.]
114-24 (b) Shall establish policies governing the duties and
114-25 performance of teacher aides.
114-26 3. Except as otherwise provided in this subsection, each
114-27 applicant for employment pursuant to this section must, as a
114-28 condition to employment, submit to the school district a full set of
114-29 his fingerprints and written permission authorizing the school
114-30 district to forward the fingerprints to the Federal Bureau of
114-31 Investigation and the Central Repository for Nevada Records of
114-32 Criminal History for their reports on the criminal history of the
114-33 applicant. The provisions of this section do not apply to:
114-34 (a) A teacher or other person licensed by the Superintendent of
114-35 Public Instruction.
114-36 (b) A paraprofessional who has obtained a certificate pursuant to
114-37 section 88 of this act.
114-38 4. Except as otherwise provided in subsection 5, the board of
114-39 trustees of a school district shall not require a licensed teacher or
114-40 other person licensed by the Superintendent of Public Instruction
114-41 pursuant to NRS 391.033 who has taken a leave of absence from
114-42 employment authorized by the school district, including, without
114-43 limitation:
114-44 (a) Sick leave;
114-45 (b) Sabbatical leave;
115-1 (c) Personal leave;
115-2 (d) Leave for attendance at a regular or special session of the
115-3 Legislature of this state if the employee is a member thereof;
115-4 (e) Maternity leave; and
115-5 (f) Leave permitted by the Family and Medical Leave Act of
115-6 1993, 29 U.S.C. §§ 2601 et seq.,
115-7 to submit a set of his fingerprints as a condition of return to or
115-8 continued employment with the school district if the employee is in
115-9 good standing when the employee began the leave.
115-10 5. A board of trustees of a school district may ask the
115-11 Superintendent of Public Instruction to require a person licensed by
115-12 the Superintendent of Public Instruction pursuant to NRS 391.033
115-13 who has taken a leave of absence from employment authorized by
115-14 the school district to submit a set of his fingerprints as a condition of
115-15 return to or continued employment with the school district if the
115-16 board of trustees has probable cause to believe that the person has
115-17 committed a felony or an offense involving moral turpitude during
115-18 the period of his leave of absence.
115-19 6. The board of trustees of a school district may employ or
115-20 appoint persons to serve as school police officers. If the board of
115-21 trustees of a school district employs or appoints persons to serve as
115-22 school police officers, the board of trustees shall employ a law
115-23 enforcement officer to serve as the chief of school police who is
115-24 supervised by the superintendent of schools of the school district.
115-25 The chief of school police shall supervise each person appointed or
115-26 employed by the board of trustees as a school police officer. In
115-27 addition, persons who provide police services pursuant to subsection
115-28 7 or 8 shall be deemed school police officers.
115-29 7. The board of trustees of a school district in a county that has
115-30 a metropolitan police department created pursuant to chapter 280 of
115-31 NRS may contract with the metropolitan police department for the
115-32 provision and supervision of police services in the public schools
115-33 within the jurisdiction of the metropolitan police department and on
115-34 property therein that is owned by the school district. If a contract is
115-35 entered into pursuant to this subsection, the contract must make
115-36 provision for the transfer of each school police officer employed by
115-37 the board of trustees to the metropolitan police department. If the
115-38 board of trustees of a school district contracts with a metropolitan
115-39 police department pursuant to this subsection, the board of trustees
115-40 shall, if applicable, cooperate with appropriate local law
115-41 enforcement agencies within the school district for the provision and
115-42 supervision of police services in the public schools within the school
115-43 district and on property owned by the school district, but outside the
115-44 jurisdiction of the metropolitan police department.
116-1 8. The board of trustees of a school district in a county that
116-2 does not have a metropolitan police department created pursuant to
116-3 chapter 280 of NRS may contract with the sheriff of that county for
116-4 the provision of police services in the public schools within the
116-5 school district and on property therein that is owned by the school
116-6 district.
116-7 Sec. 99. NRS 391.125 is hereby amended to read as follows:
116-8 391.125 1. If the board of trustees of a school district
116-9 determines that a shortage of teachers exists within the school
116-10 district in a particular subject area, the board of trustees may submit
116-11 a written request to the Superintendent of Public Instruction to
116-12 employ persons who are licensed teachers but who do not hold an
116-13 endorsement to teach in the subject area for which there is a
116-14 shortage of teachers[.] at a public school within the school district
116-15 that is not designated as demonstrating need for improvement
116-16 pursuant to section 14 of this act. The Superintendent of Public
116-17 Instruction may grant such a request if the Superintendent
116-18 determines that a shortage of teachers exists in the subject area. If
116-19 the Superintendent of Public Instruction grants a request pursuant to
116-20 this subsection, a person who holds a license to teach but not an
116-21 endorsement in the subject area for which the request was granted
116-22 may be employed by the school district for not more than 2 school
116-23 years to teach in that subject area[.] at a public school within the
116-24 school district that is not designated as needing improvement
116-25 pursuant to section 14 of this act.
116-26 2. If the Superintendent of Public Instruction grants a request
116-27 pursuant to subsection 1, the Superintendent shall submit a written
116-28 report to the Commission that includes the name of the school
116-29 district for which the request was granted and the subject area for
116-30 which the request was granted. Upon receipt of such a report,
116-31 the Commission shall consider whether to adopt revisions to the
116-32 requirements for an endorsement in that subject area to address the
116-33 shortage of teachers.
116-34 Sec. 100. NRS 391.165 is hereby amended to read as follows:
116-35 391.165 1. Except as otherwise provided in subsection 3 of
116-36 this section and except as otherwise required as a result of NRS
116-37 286.537, the board of trustees of a school district shall pay the cost
116-38 for a licensed teacher to purchase one-fifth of a year of service
116-39 pursuant to subsection 2 of NRS 286.300 if:
116-40 (a) The teacher is a member of the Public Employees’
116-41 Retirement System and has at least 5 years of service;
116-42 (b) The teacher has been employed as a licensed teacher in this
116-43 state for at least 5 consecutive school years, regardless of whether
116-44 the employment was with one or more school districts in this state;
117-1 (c) Each evaluation of the teacher conducted pursuant to NRS
117-2 391.3125 is at least satisfactory for the years of employment
117-3 required by paragraph (b); and
117-4 (d) In addition to the years of employment required by
117-5 paragraph (b), the teacher has been employed as a licensed teacher
117-6 for 1 school year at a school within the school district which, for
117-7 that school year, carries the designation of demonstrating need for
117-8 improvement pursuant to [NRS 385.367.] section 14 of this act.
117-9 2. Except as otherwise provided in subsection 3, the board of
117-10 trustees of a school district shall pay the cost for a licensed teacher
117-11 to purchase one-fifth of a year of service for each year that a teacher
117-12 is employed as a teacher at a school within the school district that is
117-13 described in paragraph (d) of subsection 1.
117-14 3. In no event may the years of service purchased by a licensed
117-15 teacher as a result of subsection 2 of NRS 286.300 exceed 5 years.
117-16 4. The board of trustees of a school district shall not:
117-17 (a) Assign or reassign a licensed teacher to circumvent the
117-18 requirements of this section.
117-19 (b) Include, as part of a teacher’s salary, the costs of paying the
117-20 teacher to purchase service pursuant to this section.
117-21 5. As used in this section, “service” has the meaning ascribed
117-22 to it in NRS 286.078.
117-23 Sec. 101. NRS 391.273 is hereby amended to read as follows:
117-24 391.273 1. Except as otherwise provided in subsections 4 and
117-25 [9,] 10, the unlicensed personnel of a school district must be directly
117-26 supervised by licensed personnel in all duties which are instructional
117-27 in nature. To the extent practicable, the direct supervision must be
117-28 such that the unlicensed personnel are in the immediate location of
117-29 the licensed personnel and are readily available during such times
117-30 when supervision is required.
117-31 2. Unlicensed personnel who are exempted pursuant to
117-32 subsection 4 must be under administrative supervision when
117-33 performing duties which are instructional in nature.
117-34 3. Unlicensed personnel may temporarily perform duties under
117-35 administrative supervision which are not primarily instructional in
117-36 nature.
117-37 4. [Upon] Except as otherwise provided in subsection 5, upon
117-38 application by a superintendent of schools, the Superintendent of
117-39 Public Instruction may grant an exemption from the provisions of
117-40 subsection 1. The Superintendent shall not grant an exemption
117-41 unless:
117-42 (a) The duties are within the employee’s special expertise or
117-43 training;
117-44 (b) The duties relate to the humanities or an elective course of
117-45 study, or are supplemental to the basic curriculum of a school;
118-1 (c) The performance of the duties does not result in the
118-2 replacement of a licensed employee or prevent the employment of a
118-3 licensed person willing to perform those duties;
118-4 (d) The secondary or combined school in which the duties will
118-5 be performed has less than 100 pupils enrolled and is at least 30
118-6 miles from a school in which the duties are performed by licensed
118-7 personnel; and
118-8 (e) The unlicensed employee submits his fingerprints for an
118-9 investigation pursuant to NRS 391.033.
118-10 5. The exemption authorized by subsection 4 does not apply
118-11 to a paraprofessional if the provisions of 20 U.S.C. § 6319 and the
118-12 regulations adopted pursuant thereto require the paraprofessional
118-13 to be directly supervised by a licensed teacher.
118-14 6. The Superintendent of Public Instruction shall file a record
118-15 of all exempt personnel with the clerk of the board of trustees of
118-16 each local school district, and advise the clerk of any changes
118-17 therein. The record must contain:
118-18 (a) The name of the exempt employee;
118-19 (b) The specific instructional duties he may perform;
118-20 (c) Any terms or conditions of the exemption deemed
118-21 appropriate by the Superintendent of Public Instruction; and
118-22 (d) The date the exemption expires or a statement that the
118-23 exemption is valid as long as the employee remains in the same
118-24 position at the same school.
118-25 [6.] 7. The Superintendent of Public Instruction may adopt
118-26 regulations prescribing the procedure to apply for an exemption
118-27 pursuant to this section and the criteria for the granting of such
118-28 exemptions.
118-29 [7.] 8. Except in an emergency, it is unlawful for the board of
118-30 trustees of a school district to allow a person employed as a
118-31 teacher’s aide to serve as a teacher unless the person is a legally
118-32 qualified teacher licensed by the Superintendent of Public
118-33 Instruction. As used in this subsection, “emergency” means an
118-34 unforeseen circumstance which requires immediate action and
118-35 includes the fact that a licensed teacher or substitute teacher is not
118-36 immediately available.
118-37 [8.] 9. If the Superintendent of Public Instruction determines
118-38 that the board of trustees of a school district has violated the
118-39 provisions of subsection [7,] 8, he shall take such actions as are
118-40 necessary to reduce the amount of money received by the district
118-41 pursuant to NRS 387.124 by an amount equal to the product when
118-42 the following numbers are multiplied together:
118-43 (a) The number of days on which the violation occurred;
118-44 (b) The number of pupils in the classroom taught by the
118-45 teacher’s aide; and
119-1 (c) The number of dollars of basic support apportioned to the
119-2 district per pupil per day pursuant to NRS 387.1233.
119-3 [9.] 10. The provisions of this section do not apply to
119-4 unlicensed personnel who are employed by the governing body of a
119-5 charter school[.] , unless a paraprofessional employed by the
119-6 governing body is required to be directly supervised by a licensed
119-7 teacher pursuant to the provisions of 20 U.S.C. § 6319 and the
119-8 regulations adopted pursuant thereto.
119-9 Sec. 102. NRS 391.520 is hereby amended to read as follows:
119-10 391.520 1. The Statewide Council shall meet not less than
119-11 four times per year.
119-12 2. The Statewide Council shall:
119-13 (a) Adopt uniform standards for use by the governing body of
119-14 each regional training program in the review and approval by the
119-15 governing body of the training to be provided by the regional
119-16 training program pursuant to NRS 391.540 and 391.544. The
119-17 standards must ensure that the training provided by the regional
119-18 training programs includes activities set forth in 20 U.S.C. §
119-19 7801(34), as appropriate for the type of training offered, and is of
119-20 high quality and is effective in addressing the training programs
119-21 specified in subsection 1 of NRS 391.544.
119-22 (b) Coordinate the dissemination of information to school
119-23 districts, administrators and teachers concerning the training,
119-24 programs and services provided by the regional training programs.
119-25 (c) Disseminate information to the regional training programs
119-26 concerning innovative and effective methods to provide professional
119-27 development.
119-28 (d) Conduct long-range planning concerning the professional
119-29 development needs of teachers and administrators employed in this
119-30 state.
119-31 (e) Adopt uniform procedures for use by the governing body of
119-32 each regional training program to report the evaluation conducted
119-33 pursuant to NRS 391.552.
119-34 3. The Statewide Council may:
119-35 (a) Accept gifts and grants from any source for use by the
119-36 Statewide Council in carrying out its duties pursuant to this
119-37 section and accept gifts and grants from any source on behalf of
119-38 one or more regional training programs to assist with the training
119-39 provided pursuant to NRS 391.544; and
119-40 (b) Comply with applicable federal laws and regulations
119-41 governing the provision of federal grants to assist the Statewide
119-42 Council in carrying out its duties pursuant to this section and
119-43 comply with applicable federal laws and regulations governing the
119-44 provision of federal grants to assist with the training provided
119-45 pursuant to NRS 391.544.
120-1 Sec. 103. NRS 391.536 is hereby amended to read as follows:
120-2 391.536 1. On an annual basis, the governing body of each
120-3 regional training program shall review the budget for the program
120-4 and submit a proposed budget to the Legislative Committee on
120-5 Education. The proposed budget must include, without limitation,
120-6 the amount of money requested by the governing body to pay for the
120-7 services of the coordinator of the program appointed pursuant to
120-8 NRS 391.532. In even-numbered years, the proposed budget must
120-9 be submitted to the Legislative Committee on Education at least 4
120-10 months before the commencement of the next regular session of the
120-11 Legislature.
120-12 2. The governing body of a regional training program may:
120-13 (a) Accept gifts and grants from any source to assist the
120-14 governing body in providing the training required by
120-15 NRS 391.544.
120-16 (b) Comply with applicable federal laws and regulations
120-17 governing the provision of federal grants to assist with the training
120-18 provided pursuant to NRS 391.544.
120-19 Sec. 104. NRS 391.540 is hereby amended to read as follows:
120-20 391.540 1. The governing body of each regional training
120-21 program shall:
120-22 [1.] (a) Adopt a training model, taking into consideration other
120-23 model programs, including, without limitation, the program used by
120-24 the Geographic Alliance in Nevada.
120-25 [2.] (b) Assess the training needs of teachers and administrators
120-26 who are employed by the school districts within the primary
120-27 jurisdiction of the regional training program and adopt priorities of
120-28 training for the program based upon the assessment of needs. The
120-29 board of trustees of each such school district may submit
120-30 recommendations to the appropriate governing body for the types of
120-31 training that should be offered by the regional training program.
120-32 [3.] (c) Prepare a 5-year plan for the regional training program,
120-33 which includes, without limitation:
120-34 [(a)] (1) An assessment of the training needs of teachers and
120-35 administrators who are employed by the school districts within the
120-36 primary jurisdiction of the regional training program; and
120-37 [(b)] (2) Specific details of the training that will be offered by
120-38 the regional training program for the first 2 years covered by the
120-39 plan.
120-40 [4.] (d) Review the 5-year plan on an annual basis and make
120-41 revisions to the plan as are necessary to serve the training needs of
120-42 teachers and administrators employed by the school districts within
120-43 the primary jurisdiction of the regional training program.
120-44 2. The Department, the University and Community College
120-45 System of Nevada and the board of trustees of a school district
121-1 may request the governing body of the regional training program
121-2 that serves the school district to provide training, participate in a
121-3 program or otherwise perform a service that is in addition to the
121-4 duties of the regional training program that are set forth in the
121-5 plan adopted pursuant to this section or otherwise required by
121-6 statute. An entity may not represent that a regional training
121-7 program will perform certain duties or otherwise obligate the
121-8 regional training program as part of an application by that entity
121-9 for a grant unless the entity has first obtained the written
121-10 confirmation of the governing body of the regional training
121-11 program to perform those duties or obligations. The governing
121-12 body of a regional training program may, but is not required to,
121-13 grant a request pursuant to this subsection.
121-14 Sec. 105. NRS 391.544 is hereby amended to read as follows:
121-15 391.544 1. Based upon the assessment of needs for training
121-16 within the region and priorities of training adopted by the governing
121-17 body pursuant to NRS 391.540, each regional training program must
121-18 provide:
121-19 (a) Training for teachers in the standards established by the
121-20 Council to Establish Academic Standards for Public Schools
121-21 pursuant to NRS 389.520; and
121-22 (b) At least one of the following types of training:
121-23 (1) Training for teachers and school administrators in the
121-24 assessment and measurement of pupil achievement and the effective
121-25 methods to analyze the test results and scores of pupils to improve
121-26 the achievement and proficiency of pupils.
121-27 (2) Training for teachers in specific content areas to enable
121-28 the teachers to provide a higher level of instruction in their
121-29 respective fields of teaching. Such training must include instruction
121-30 in effective methods to teach in a content area provided by teachers
121-31 who are considered masters in that content area.
121-32 (3) Training for teachers in the methods to teach basic skills
121-33 to pupils, such as providing instruction in reading with the use of
121-34 phonics and providing instruction in basic skills of mathematics
121-35 computation.
121-36 2. The training required pursuant to subsection 1 must:
121-37 (a) Include the activities set forth in 20 U.S.C. § 7801(34), as
121-38 deemed appropriate by the governing body for the type of training
121-39 offered.
121-40 (b) Include appropriate procedures to ensure follow-up training
121-41 for teachers and administrators who have received training through
121-42 the program.
121-43 [(b)] (c) Incorporate training that addresses the educational
121-44 needs of:
122-1 (1) Pupils with disabilities who participate in programs of
122-2 special education; and
122-3 (2) Pupils [whose primary language is not English.] who are
122-4 limited English proficient.
122-5 3. The governing body of each regional training program shall
122-6 prepare and maintain a list that identifies programs for the
122-7 professional development of teachers and administrators that
122-8 successfully incorporate the standards of content and performance
122-9 established by the Council to Establish Academic Standards for
122-10 Public Schools pursuant to NRS 389.520 and other training listed in
122-11 subsection 1. The governing body shall provide a copy of the list on
122-12 an annual basis to school districts for dissemination to teachers and
122-13 administrators.
122-14 4. A regional training program may include model classrooms
122-15 that demonstrate the use of educational technology for teaching and
122-16 learning.
122-17 5. A regional training program may contract with the board
122-18 of trustees of a school district that is served by the regional
122-19 training program as set forth in NRS 391.512 to provide
122-20 professional development to the teachers and administrators
122-21 employed by the school district that is in addition to the training
122-22 required by this section. Any training provided pursuant to this
122-23 subsection must include the activities set forth in 20 U.S.C. §
122-24 7801(34), as deemed appropriate by the governing body for the
122-25 type of training offered.
122-26 6. To the extent money is available from legislative
122-27 appropriation or otherwise, a regional training program may
122-28 provide training to paraprofessionals.
122-29 Sec. 106. NRS 391.552 is hereby amended to read as follows:
122-30 391.552 The governing body of each regional training program
122-31 shall:
122-32 1. Establish a method for the evaluation of the success of the
122-33 regional training program. The method must be consistent with the
122-34 uniform procedures adopted by the Statewide Council pursuant to
122-35 NRS 391.520.
122-36 2. On or before July 1 of each year, submit an annual report to
122-37 the State Board, the Commission, the Legislative Committee on
122-38 Education and the Legislative Bureau of Educational Accountability
122-39 and Program Evaluation that includes:
122-40 (a) The priorities for training adopted by the governing body
122-41 pursuant to NRS 391.540 . [;]
122-42 (b) The type of training offered through the program in the
122-43 immediately preceding year . [;]
122-44 (c) The number of teachers and administrators who received
122-45 training through the program in the immediately preceding year . [;]
123-1 (d) The number of paraprofessionals, if any, who received
123-2 training through the program in the immediately preceding year.
123-3 (e) An evaluation of the success of the program in accordance
123-4 with the method established pursuant to subsection 1 . [; and
123-5 (e)] (f) A description of the gifts and grants, if any, received by
123-6 the governing body in the immediately preceding year and the gifts
123-7 and grants, if any, received by the Statewide Council during the
123-8 immediately preceding year on behalf of the regional training
123-9 program. The description must include the manner in which the
123-10 gifts and grants were expended.
123-11 (g) The 5-year plan for the program prepared pursuant to NRS
123-12 391.540 and any revisions to the plan made by the governing body
123-13 in the immediately preceding year.
123-14 Sec. 107. NRS 391.604 is hereby amended to read as follows:
123-15 391.604 “Examination” means:
123-16 1. Achievement and proficiency examinations that are
123-17 administered to pupils pursuant to NRS 389.015 ; [or 389.550;] and
123-18 2. Any other examinations which measure the achievement and
123-19 proficiency of pupils and which are administered to pupils on a
123-20 district-wide basis.
123-21 Sec. 108. Chapter 392 of NRS is hereby amended by adding
123-22 thereto a new section to read as follows:
123-23 The State Board shall adopt regulations to carry out the
123-24 provisions of 20 U.S.C. § 7912 concerning the choice that must be
123-25 offered to a pupil to attend another public school, including,
123-26 without limitation, a charter school, if the pupil is enrolled in a
123-27 persistently dangerous school or is the victim of a violent offense
123-28 while at school or on the grounds of the school in which he is
123-29 enrolled. The regulations must include the criteria for identifying
123-30 a school as persistently dangerous.
123-31 Sec. 109. NRS 392.128 is hereby amended to read as follows:
123-32 392.128 1. Each advisory board to review school attendance
123-33 created pursuant to NRS 392.126 shall:
123-34 (a) Review the records of the attendance and truancy of pupils
123-35 submitted to the advisory board to review school attendance by the
123-36 board of trustees of the school district pursuant to subsection [6] 7
123-37 of NRS 385.347;
123-38 (b) Identify factors that contribute to the truancy of pupils in the
123-39 school district;
123-40 (c) Establish programs to reduce the truancy of pupils in the
123-41 school district;
123-42 (d) At least annually, evaluate the effectiveness of those
123-43 programs;
123-44 (e) Establish a procedure for schools and school districts for the
123-45 reporting of the status of pupils as habitual truants; and
124-1 (f) Inform the parents and legal guardians of the pupils who are
124-2 enrolled in the schools within the district of the policies and
124-3 procedures adopted pursuant to the provisions of this section.
124-4 2. The chairman of an advisory board may divide the advisory
124-5 board into subcommittees. The advisory board may delegate one or
124-6 more of the duties of the advisory board to a subcommittee of the
124-7 advisory board, including, without limitation, holding hearings
124-8 pursuant to NRS 392.147. If the chairman of an advisory board
124-9 divides the advisory board into subcommittees, the chairman shall
124-10 notify the board of trustees of the school district of this action. Upon
124-11 receipt of such a notice, the board of trustees shall establish rules
124-12 and procedures for each such subcommittee. A subcommittee shall
124-13 abide by the applicable rules and procedures when it takes action or
124-14 makes decisions.
124-15 3. An advisory board to review school attendance created in a
124-16 county pursuant to NRS 392.126 may use money appropriated by
124-17 the Legislature and any other money made available to the advisory
124-18 board for the use of programs to reduce the truancy of pupils in the
124-19 school district. The advisory board to review school attendance
124-20 shall, on a quarterly basis, provide to the board of trustees of the
124-21 school district an accounting of the money used by the advisory
124-22 board to review school attendance to reduce the truancy of pupils in
124-23 the school district.
124-24 Sec. 110. NRS 392.463 is hereby amended to read as follows:
124-25 392.463 1. Each school district shall adopt a plan to ensure
124-26 that the public schools within the school district are safe and free
124-27 of controlled substances. The plan must comply with the Safe and
124-28 Drug-Free Schools and Communities Act, 20 U.S.C. §§ 7101 et
124-29 seq.
124-30 2. Each school district shall prescribe written rules of behavior
124-31 required of and prohibited for pupils attending school within their
124-32 district and shall prescribe appropriate punishments for violations of
124-33 the rules. If suspension or expulsion is used as a punishment for a
124-34 violation of the rules, the school district shall follow the procedures
124-35 in NRS 392.467.
124-36 [2.] 3. A copy of the plan adopted pursuant to subsection 1
124-37 and the rules of behavior, prescribed punishments and procedures to
124-38 be followed in imposing punishments prescribed pursuant to
124-39 subsection 2 must be distributed to each pupil at the beginning of
124-40 the school year and to each new pupil who enters school during the
124-41 year. Copies must also be made available for inspection at each
124-42 school located in that district in an area on the grounds of the school
124-43 which is open to the public.
125-1 Sec. 111. NRS 392.466 is hereby amended to read as follows:
125-2 392.466 1. Except as otherwise provided in this section, any
125-3 pupil who commits a battery which results in the bodily injury of an
125-4 employee of the school or who sells or distributes any controlled
125-5 substance while on the premises of any public school, at an activity
125-6 sponsored by a public school or on any school bus must, for the first
125-7 occurrence, be suspended or expelled from that school, although he
125-8 may be placed in another kind of school, for at least a period equal
125-9 to one semester for that school. For a second occurrence, the pupil
125-10 must:
125-11 (a) Be permanently expelled from that school; and
125-12 (b) Receive equivalent instruction authorized by the State Board
125-13 pursuant to subsection 1 of NRS 392.070.
125-14 2. Except as otherwise provided in this section, any pupil who
125-15 is found in possession of a firearm or a dangerous weapon while on
125-16 the premises of any public school, at an activity sponsored by a
125-17 public school or on any school bus must, for the first occurrence, be
125-18 expelled from the school for a period of not less than 1 year,
125-19 although he may be placed in another kind of school for a period not
125-20 to exceed the period of the expulsion. For a second occurrence, the
125-21 pupil must:
125-22 (a) Be permanently expelled from the school; and
125-23 (b) Receive equivalent instruction authorized by the State Board
125-24 pursuant to subsection 1 of NRS 392.070.
125-25 The superintendent of schools of a school district may, for good
125-26 cause shown in a particular case in that school district, allow [an
125-27 exception] a modification to the expulsion requirement of this
125-28 subsection[.] if such modification is set forth in writing.
125-29 3. Except as otherwise provided in this section, if a pupil is
125-30 deemed a habitual disciplinary problem pursuant to NRS 392.4655,
125-31 the pupil must be suspended or expelled from the school for a period
125-32 equal to at least one semester for that school. For the period of his
125-33 suspension or expulsion, the pupil must receive equivalent
125-34 instruction authorized by the State Board pursuant to subsection 1 of
125-35 NRS 392.070.
125-36 4. This section does not prohibit a pupil from having in his
125-37 possession a knife or firearm with the approval of the principal of
125-38 the school. A principal may grant such approval only in accordance
125-39 with the policies or regulations adopted by the board of trustees of
125-40 the school district.
125-41 5. Any pupil in grades 1 to 6, inclusive, except a pupil who has
125-42 been found to have possessed a firearm in violation of subsection 2,
125-43 may be suspended from school or permanently expelled from school
125-44 pursuant to this section only after the board of trustees of the school
125-45 district has reviewed the circumstances and approved this action in
126-1 accordance with the procedural policy adopted by the board for such
126-2 issues.
126-3 6. A pupil who is participating in a program of special
126-4 education pursuant to NRS 388.520, other than a pupil who is gifted
126-5 and talented, may, in accordance with the procedural policy adopted
126-6 by the board of trustees of the school district for such matters, be:
126-7 (a) Suspended from school pursuant to this section for not more
126-8 than 10 days. Such a suspension may be imposed pursuant to this
126-9 paragraph for each occurrence of conduct proscribed by
126-10 subsection 1.
126-11 (b) Suspended from school for more than 10 days or
126-12 permanently expelled from school pursuant to this section only after
126-13 the board of trustees of the school district has reviewed the
126-14 circumstances and determined that the action is in compliance with
126-15 the Individuals with Disabilities Education Act, 20 U.S.C. §§ 1400
126-16 et seq.
126-17 7. As used in this section:
126-18 (a) “Battery” has the meaning ascribed to it in paragraph (a) of
126-19 subsection 1 of NRS 200.481.
126-20 (b) “Dangerous weapon” includes, without limitation, a
126-21 blackjack, slungshot, billy, sand-club, sandbag, metal knuckles, dirk
126-22 or dagger, a nunchaku, switchblade knife or trefoil, as defined in
126-23 NRS 202.350, a butterfly knife or any other knife described in NRS
126-24 202.350, or any other object which is used, or threatened to be used,
126-25 in such a manner and under such circumstances as to pose a threat
126-26 of, or cause, bodily injury to a person.
126-27 (c) “Firearm” includes, without limitation, any pistol, revolver,
126-28 shotgun, explosive substance or device, and any other item included
126-29 within the definition of a “firearm” in 18 U.S.C. § 921, as that
126-30 section existed on July 1, 1995.
126-31 Sec. 112. NRS 179A.075 is hereby amended to read as
126-32 follows:
126-33 179A.075 1. The Central Repository for Nevada Records of
126-34 Criminal History is hereby created within the Nevada Highway
126-35 Patrol Division of the Department.
126-36 2. Each agency of criminal justice and any other agency
126-37 dealing with crime or delinquency of children shall:
126-38 (a) Collect and maintain records, reports and compilations of
126-39 statistical data required by the Department; and
126-40 (b) Submit the information collected to the Central Repository
126-41 in the manner recommended by the Advisory Committee and
126-42 approved by the Director of the Department.
126-43 3. Each agency of criminal justice shall submit the information
126-44 relating to sexual offenses and other records of criminal history that
126-45 it creates or issues, and any information in its possession relating to
127-1 the genetic markers of a biological specimen of a person who is
127-2 convicted of an offense listed in subsection 4 of NRS 176.0913, to
127-3 the Division in the manner prescribed by the Director of the
127-4 Department. The information must be submitted to the Division:
127-5 (a) Through an electronic network;
127-6 (b) On a medium of magnetic storage; or
127-7 (c) In the manner prescribed by the Director of the
127-8 Department,
127-9 within the period prescribed by the Director of the Department. If an
127-10 agency has submitted a record regarding the arrest of a person who
127-11 is later determined by the agency not to be the person who
127-12 committed the particular crime, the agency shall, immediately upon
127-13 making that determination, so notify the Division. The Division
127-14 shall delete all references in the Central Repository relating to that
127-15 particular arrest.
127-16 4. The Division shall, in the manner prescribed by the Director
127-17 of the Department:
127-18 (a) Collect, maintain and arrange all information submitted to it
127-19 relating to:
127-20 (1) Sexual offenses and other records of criminal history; and
127-21 (2) The genetic markers of a biological specimen of a person
127-22 who is convicted of an offense listed in subsection 4 of
127-23 NRS 176.0913.
127-24 (b) When practicable, use a record of the personal identifying
127-25 information of a subject as the basis for any records maintained
127-26 regarding him.
127-27 (c) Upon request, provide the information that is contained in
127-28 the Central Repository to the State Disaster Identification Team of
127-29 the Division of Emergency Management of the Department.
127-30 5. The Division may:
127-31 (a) Disseminate any information which is contained in the
127-32 Central Repository to any other agency of criminal justice;
127-33 (b) Enter into cooperative agreements with federal and state
127-34 repositories to facilitate exchanges of information that may be
127-35 disseminated pursuant to paragraph (a); and
127-36 (c) Request of and receive from the Federal Bureau of
127-37 Investigation information on the background and personal history of
127-38 any person whose record of fingerprints the Central Repository
127-39 submits to the Federal Bureau of Investigation and:
127-40 (1) Who has applied to any agency of the State of Nevada or
127-41 any political subdivision thereof for a license which it has the power
127-42 to grant or deny;
127-43 (2) With whom any agency of the State of Nevada or any
127-44 political subdivision thereof intends to enter into a relationship of
127-45 employment or a contract for personal services;
128-1 (3) About whom any agency of the State of Nevada or any
128-2 political subdivision thereof has a legitimate need to have accurate
128-3 personal information for the protection of the agency or the persons
128-4 within its jurisdiction; or
128-5 (4) For whom such information is required to be obtained
128-6 pursuant to NRS 449.179.
128-7 6. The Central Repository shall:
128-8 (a) Collect and maintain records, reports and compilations of
128-9 statistical data submitted by any agency pursuant to subsection 2.
128-10 (b) Tabulate and analyze all records, reports and compilations of
128-11 statistical data received pursuant to this section.
128-12 (c) Disseminate to federal agencies engaged in the collection of
128-13 statistical data relating to crime information which is contained in
128-14 the Central Repository.
128-15 (d) Investigate the criminal history of any person who:
128-16 (1) Has applied to the Superintendent of Public Instruction
128-17 for a license;
128-18 (2) Has applied to the State Board for a certificate as a
128-19 paraprofessional;
128-20 (3) Has applied to a county school district for employment;
128-21 or
128-22 [(3)] (4) Is employed by a county school district,
128-23 and notify the superintendent of each county school district and the
128-24 Superintendent of Public Instruction or the State Board, as
128-25 applicable, if the investigation of the Central Repository indicates
128-26 that the person has been convicted of a violation of NRS 200.508,
128-27 201.230, 453.3385, 453.339 or 453.3395, or convicted of a felony or
128-28 any offense involving moral turpitude.
128-29 (e) Upon discovery, notify the superintendent of each county
128-30 school district by providing him with a list of all persons:
128-31 (1) Investigated pursuant to paragraph (d); or
128-32 (2) Employed by a county school district whose fingerprints
128-33 were sent previously to the Central Repository for
128-34 investigation,
128-35 who the Central Repository’s records indicate have been convicted
128-36 of a violation of NRS 200.508, 201.230, 453.3385, 453.339 or
128-37 453.3395, or convicted of a felony or any offense involving moral
128-38 turpitude since the Central Repository’s initial investigation. The
128-39 superintendent of each county school district shall determine
128-40 whether further investigation or action by the district is appropriate.
128-41 (f) Investigate the criminal history of each person who submits
128-42 fingerprints or has his fingerprints submitted pursuant to NRS
128-43 449.176 or 449.179.
128-44 (g) On or before July 1 of each year, prepare and present to the
128-45 Governor a printed annual report containing the statistical data
129-1 relating to crime received during the preceding calendar year.
129-2 Additional reports may be presented to the Governor throughout the
129-3 year regarding specific areas of crime if they are recommended by
129-4 the Advisory Committee and approved by the Director of
129-5 the Department.
129-6 (h) On or before July 1 of each year, prepare and submit to the
129-7 Director of the Legislative Counsel Bureau, for submission to the
129-8 Legislature, or the Legislative Commission when the Legislature is
129-9 not in regular session, a report containing statistical data about
129-10 domestic violence in this state.
129-11 (i) Identify and review the collection and processing of
129-12 statistical data relating to criminal justice and the delinquency of
129-13 children by any agency identified in subsection 2, and make
129-14 recommendations for any necessary changes in the manner of
129-15 collecting and processing statistical data by any such agency.
129-16 7. The Central Repository may:
129-17 (a) At the recommendation of the Advisory Committee and in
129-18 the manner prescribed by the Director of the Department,
129-19 disseminate compilations of statistical data and publish statistical
129-20 reports relating to crime or the delinquency of children.
129-21 (b) Charge a reasonable fee for any publication or special report
129-22 it distributes relating to data collected pursuant to this section. The
129-23 Central Repository may not collect such a fee from an agency of
129-24 criminal justice, any other agency dealing with crime or the
129-25 delinquency of children which is required to submit information
129-26 pursuant to subsection 2 or the State Disaster Identification Team of
129-27 the Division of Emergency Management of the Department. All
129-28 money collected pursuant to this paragraph must be used to pay for
129-29 the cost of operating the Central Repository.
129-30 (c) In the manner prescribed by the Director of the Department,
129-31 use electronic means to receive and disseminate information
129-32 contained in the Central Repository that it is authorized to
129-33 disseminate pursuant to the provisions of this chapter.
129-34 8. As used in this section:
129-35 (a) “Advisory Committee” means the Committee established by
129-36 the Director of the Department pursuant to NRS 179A.078.
129-37 (b) “Personal identifying information” means any information
129-38 designed, commonly used or capable of being used, alone or in
129-39 conjunction with any other information, to identify a person,
129-40 including, without limitation:
129-41 (1) The name, driver’s license number, social security
129-42 number, date of birth and photograph or [computer generated]
129-43 computer-generated image of a person; and
129-44 (2) The fingerprints, voiceprint, retina image and iris image
129-45 of a person.
130-1 Sec. 113. NRS 218.5354 is hereby amended to read as
130-2 follows:
130-3 218.5354 1. The Committee may:
130-4 (a) Evaluate, review and comment upon issues related to
130-5 education within this state, including, but not limited to:
130-6 (1) Programs to enhance accountability in education;
130-7 (2) Legislative measures regarding education;
130-8 (3) The progress made by this state, the school districts and
130-9 the public schools in this state in satisfying the goals and
130-10 objectives of the federal No Child Left Behind Act of 2001, 20
130-11 U.S.C. §§ 6301 et seq., and the annual measurable objectives
130-12 established by the State Board of Education pursuant to section 4
130-13 of this act;
130-14 (4) Methods of financing public education;
130-15 [(4)] (5) The condition of public education in the elementary
130-16 and secondary schools;
130-17 [(5)] (6) The program to reduce the ratio of pupils per class
130-18 per licensed teacher prescribed in NRS 388.700, 388.710 and
130-19 388.720;
130-20 [(6)] (7) The development of any programs to automate the
130-21 receipt, storage and retrieval of the educational records of pupils;
130-22 and
130-23 [(7)] (8) Any other matters that, in the determination of the
130-24 Committee, affect the education of pupils within this state.
130-25 (b) Conduct investigations and hold hearings in connection with
130-26 its duties pursuant to this section.
130-27 (c) Request that the Legislative Counsel Bureau assist in the
130-28 research, investigations, hearings and reviews of the Committee.
130-29 (d) Make recommendations to the Legislature concerning the
130-30 manner in which public education may be improved.
130-31 2. The Committee shall:
130-32 (a) In addition to any standards prescribed by the Department of
130-33 Education, prescribe standards for the review and evaluation of the
130-34 reports of the State Board of Education, school districts and public
130-35 schools pursuant to paragraph (a) of subsection 1 of NRS 385.359.
130-36 (b) For the purposes set forth in NRS 385.389, recommend to
130-37 the Department of Education programs of remedial study for each
130-38 subject tested on the examinations administered pursuant to NRS
130-39 389.015. In recommending these programs of remedial study, the
130-40 Committee shall consider programs of remedial study that have
130-41 proven to be successful in improving the academic achievement of
130-42 pupils.
130-43 (c) Recommend to the Department of Education providers of
130-44 supplemental educational services for inclusion on the list of
130-45 approved providers prepared by the Department pursuant to
131-1 section 37 of this act. In recommending providers, the Committee
131-2 shall consider providers with a demonstrated record of
131-3 effectiveness in improving the academic achievement of pupils.
131-4 Sec. 114. NRS 218.5356 is hereby amended to read as
131-5 follows:
131-6 218.5356 1. The Legislative Bureau of Educational
131-7 Accountability and Program Evaluation is hereby created within the
131-8 Fiscal Analysis Division of the Legislative Counsel Bureau. The
131-9 fiscal analysts shall appoint to the Legislative Bureau of Educational
131-10 Accountability and Program Evaluation a Chief and such other
131-11 personnel as the fiscal analysts determine are necessary for the
131-12 Bureau to carry out its duties pursuant to this section.
131-13 2. The Bureau shall, as the fiscal analysts determine is
131-14 necessary or at the request of the Committee:
131-15 (a) Collect and analyze data and issue written reports
131-16 concerning:
131-17 (1) The effectiveness of the provisions of NRS 385.3455 to
131-18 385.391, inclusive, and sections 2 to 37, inclusive, of this act, in
131-19 improving the accountability of the schools of this state;
131-20 (2) The statewide program to reduce the ratio of pupils per
131-21 class per licensed teacher prescribed in NRS 388.700, 388.710 and
131-22 388.720;
131-23 (3) The statewide program to educate persons with
131-24 disabilities that is set forth in chapter 395 of NRS;
131-25 (4) The results of the examinations of the National
131-26 Assessment of Educational Progress that are administered pursuant
131-27 to NRS 389.012; and
131-28 (5) Any program or legislative measure, the purpose of
131-29 which is to reform the system of education within this state.
131-30 (b) Conduct studies and analyses to evaluate the performance
131-31 and progress of the system of public education within this state.
131-32 Such studies and analyses may be conducted:
131-33 (1) As the fiscal analysts determine are necessary; or
131-34 (2) At the request of the Legislature.
131-35 This paragraph does not prohibit the Bureau from contracting with a
131-36 person or entity to conduct studies and analyses on behalf of the
131-37 Bureau.
131-38 (c) On or before December 31 of each even-numbered year,
131-39 submit a written report of its findings pursuant to paragraphs (a) and
131-40 (b) to the Director of the Legislative Counsel Bureau for
131-41 transmission to the next regular session of the Legislature. The
131-42 Bureau shall, on or before December 31 of each odd-numbered year,
131-43 submit a written report of its findings pursuant to paragraphs (a) and
131-44 (b) to the Director of the Legislative Counsel Bureau for
131-45 transmission to the Legislative Commission.
132-1 3. The Bureau may, pursuant to NRS 218.687, require a
132-2 school, a school district, the University and Community College
132-3 System of Nevada or the Department of Education to submit to the
132-4 Bureau books, papers, records and other information that the Chief
132-5 of the Bureau determines are necessary to carry out the duties of the
132-6 Bureau pursuant to this section. An entity whom the Bureau requests
132-7 to produce records or other information shall provide the records or
132-8 other information in any readily available format specified by the
132-9 Bureau.
132-10 4. Except as otherwise provided in this subsection, any
132-11 information obtained by the Bureau pursuant to this section shall be
132-12 deemed a work product that is confidential pursuant to NRS
132-13 218.625. The Bureau may, at the discretion of the Chief and after
132-14 submission to the Legislature or Legislative Commission, as
132-15 appropriate, publish reports of its findings pursuant to paragraphs
132-16 (a) and (b) of subsection 2.
132-17 5. This section does not prohibit the Department of Education
132-18 or the State Board of Education from conducting analyses,
132-19 submitting reports or otherwise reviewing educational programs in
132-20 this state.
132-21 Sec. 115. NRS 354.598 is hereby amended to read as follows:
132-22 354.598 1. At the time and place advertised for public
132-23 hearing, or at any time and place to which the public hearing is from
132-24 time to time adjourned, the governing body shall hold a public
132-25 hearing on the tentative budget, at which time interested persons
132-26 must be given an opportunity to be heard.
132-27 2. At the public hearing, the governing body shall indicate
132-28 changes, if any, to be made in the tentative budget[,] and shall
132-29 adopt a final budget by the favorable votes of a majority of all
132-30 members of the governing body. Except as otherwise provided in
132-31 this subsection, the final budget must be adopted on or before June 1
132-32 of each year. The final budgets of school districts must be adopted
132-33 on or before June 8 of each year . [and must be accompanied by
132-34 copies of the written report and written procedure prepared pursuant
132-35 to subsection 3 of NRS 385.351.] Should the governing body fail to
132-36 adopt a final budget that complies with the requirements of law and
132-37 the regulations of the Committee on Local Government Finance on
132-38 or before the required date, the budget adopted and used for
132-39 certification of the combined ad valorem tax rate by the Department
132-40 of Taxation for the current year, adjusted as to content and rate in
132-41 such a manner as the Department of Taxation may consider
132-42 necessary, automatically becomes the budget for the ensuing fiscal
132-43 year. When a budget has been so adopted by default, the governing
132-44 body may not reconsider the budget without the express approval of
132-45 the Department of Taxation. If the default budget creates a
133-1 combined ad valorem tax rate in excess of the limit imposed by
133-2 NRS 361.453, the Nevada Tax Commission shall adjust the budget
133-3 as provided in NRS 361.4547 or 361.455.
133-4 3. The final budget must be certified by a majority of all
133-5 members of the governing body , and a copy of it, together with an
133-6 affidavit of proof of publication of the notice of the public hearing,
133-7 must be transmitted to the Nevada Tax Commission. If a tentative
133-8 budget is adopted by default as provided in subsection 2, the clerk of
133-9 the governing body shall certify the budget and transmit to the
133-10 Nevada Tax Commission a copy of the budget, together with an
133-11 affidavit of proof of the notice of the public hearing, if that notice
133-12 was published. Certified copies of the final budget must be
133-13 distributed as determined by the Department of Taxation.
133-14 4. Upon the adoption of the final budget or the amendment of
133-15 the budget in accordance with NRS 354.598005, the several
133-16 amounts stated in it as proposed expenditures are appropriated for
133-17 the purposes indicated in the budget.
133-18 5. No governing body may adopt any budget which
133-19 appropriates for any fund any amount in excess of the budget
133-20 resources of that fund.
133-21 6. If a local government makes a change in its final budget
133-22 which increases the combined ad valorem tax rate, the local
133-23 government shall submit the amended final budget to the county
133-24 auditor within 15 days after making the change.
133-25 Sec. 116. Section 4 of this act is hereby amended to read as
133-26 follows:
133-27 Sec. 4. 1. The State Board shall define the
133-28 measurement for determining whether each public school,
133-29 each school district and this state are making adequate yearly
133-30 progress. The definition of adequate yearly progress must:
133-31 (a) Comply with 20 U.S.C. § 6311(b)(2) and the
133-32 regulations adopted pursuant thereto;
133-33 (b) Be designed to ensure that all pupils, including,
133-34 without limitation, the pupils in each subgroup identified in
133-35 paragraph (d), will meet or exceed the minimum level of
133-36 proficiency set by the State Board;
133-37 (c) Except as otherwise provided in subsections 2 and 3,
133-38 be based primarily upon the measurement of the progress of
133-39 pupils on the examinations administered pursuant to NRS
133-40 389.015 ;[and 389.550;]
133-41 (d) Include annual measurable objectives established
133-42 pursuant to 20 U.S.C. § 6311(b)(2)(G) and the regulations
133-43 adopted pursuant thereto, including, without limitation,
133-44 separate annual measurable objectives for each of the
133-45 following subgroups of pupils:
134-1 (1) Pupils who are economically disadvantaged, as
134-2 defined by the State Board;
134-3 (2) Pupils from major racial and ethnic groups, as
134-4 defined by the State Board;
134-5 (3) Pupils with disabilities; and
134-6 (4) Pupils who are limited English proficient;
134-7 (e) For high schools, include the rate of graduation; and
134-8 (f) For elementary schools, junior high schools and
134-9 middle schools, include the rate of attendance.
134-10 2. The examination in writing administered to pupils in
134-11 grade 4 must not be included in the definition of adequate
134-12 yearly progress.
134-13 3. The examination in science must not be included in
134-14 the definition of adequate yearly progress.
134-15 Sec. 117. Section 5 of this act is hereby amended to read as
134-16 follows:
134-17 Sec. 5. 1. The State Board shall adopt regulations that
134-18 prescribe, consistent with 20 U.S.C. §§ 6301 et seq. and the
134-19 regulations adopted pursuant thereto, the manner in which
134-20 pupils enrolled in:
134-21 (a) A program of distance education pursuant to NRS
134-22 388.820 to 388.874, inclusive;
134-23 (b) An alternative program for the education of pupils at
134-24 risk of dropping out of high school; or
134-25 (c) A program of education that:
134-26 (1) Primarily serves pupils with disabilities; or
134-27 (2) Is operated within a:
134-28 (I) Youth training center;
134-29 (II) Youth center;
134-30 (III) Juvenile forestry camp;
134-31 (IV) Detention home;
134-32 (V) Youth camp;
134-33 (VI) Juvenile correctional institution; or
134-34 (VII) Correctional institution,
134-35 will be included within the statewide system of accountability
134-36 set forth in sections 2 to 37, inclusive, of this act.
134-37 2. The regulations adopted pursuant to subsection 1 must
134-38 also set forth the manner in which:
134-39 (a) The progress of pupils enrolled in a program of
134-40 distance education, an alternative program or a program of
134-41 education described in subsection 1 will be accounted for
134-42 within the statewide system of accountability; and
134-43 (b) The results of pupils enrolled in a program of distance
134-44 education, an alternative program or a program of education
135-1 described in subsection 1 on the examinations administered
135-2 pursuant to NRS 389.015 [and 389.550] will be reported.
135-3 Sec. 118. Section 6 of this act is hereby amended to read as
135-4 follows:
135-5 Sec. 6. 1. The State Board shall prepare an annual
135-6 report of accountability that includes, without limitation:
135-7 (a) Information on the achievement of all pupils based
135-8 upon the results of the examinations administered pursuant to
135-9 NRS 389.015 , [and 389.550,] reported for each school
135-10 district, including, without limitation, each charter school in
135-11 the district, and for this state as a whole.
135-12 (b) Except as otherwise provided in subsection 2, pupil
135-13 achievement, reported separately by gender and reported
135-14 separately for the following subgroups of pupils:
135-15 (1) Pupils who are economically disadvantaged, as
135-16 defined by the State Board;
135-17 (2) Pupils from major racial and ethnic groups, as
135-18 defined by the State Board;
135-19 (3) Pupils with disabilities;
135-20 (4) Pupils who are limited English proficient; and
135-21 (5) Pupils who are migratory children, as defined by
135-22 the State Board.
135-23 (c) A comparison of the achievement of pupils in each
135-24 subgroup identified in paragraph (d) of subsection 1 of
135-25 section 4 of this act with the annual measurable objectives of
135-26 the State Board for that subgroup established pursuant to that
135-27 section.
135-28 (d) The percentage of all pupils who were not tested,
135-29 reported for each school district, including, without
135-30 limitation, each charter school in the district, and for this state
135-31 as a whole.
135-32 (e) Except as otherwise provided in subsection 2, the
135-33 percentage of pupils who were not tested, reported separately
135-34 by gender and reported separately for the subgroups identified
135-35 in paragraph (b).
135-36 (f) The most recent 3-year trend in the achievement of
135-37 pupils in each subject area tested and each grade level tested
135-38 pursuant to NRS 389.015 , [and 389.550,] reported for each
135-39 school district, including, without limitation, each charter
135-40 school in the district, and for this state as a whole, which may
135-41 include information regarding the trend in the achievement of
135-42 pupils for more than 3 years, if such information is available.
135-43 (g) Information on whether each school district has made
135-44 adequate yearly progress, including, without limitation, the
135-45 name of each school district, if any, designated as
136-1 demonstrating need for improvement pursuant to section 32
136-2 of this act and the number of consecutive years that the
136-3 school district has carried that designation.
136-4 (h) Information on whether each public school, including,
136-5 without limitation, each charter school, has made adequate
136-6 yearly progress, including, without limitation, the name of
136-7 each public school, if any, designated as demonstrating need
136-8 for improvement pursuant to section 14 of this act and the
136-9 number of consecutive years that the school has carried that
136-10 designation.
136-11 (i) Information on the results of pupils who participated in
136-12 the examinations of the National Assessment of Educational
136-13 Progress required pursuant to NRS 389.012.
136-14 (j) The ratio of pupils to teachers in kindergarten and at
136-15 each grade level for all elementary schools, reported for each
136-16 school district, including, without limitation, each charter
136-17 school in the district, and for this state as a whole, and the
136-18 average class size for each core academic subject, as set forth
136-19 in NRS 389.018, for each secondary school, reported for each
136-20 school district and for this state as a whole.
136-21 (k) Information on the professional qualifications of
136-22 teachers employed by school districts and charter schools,
136-23 including, without limitation:
136-24 (1) The percentage of teachers who are:
136-25 (I) Providing instruction pursuant to NRS 391.125;
136-26 (II) Providing instruction pursuant to a waiver of
136-27 the requirements for licensure for the grade level or subject
136-28 area in which the teachers are employed; or
136-29 (III) Otherwise providing instruction without an
136-30 endorsement for the subject area in which the teachers are
136-31 employed;
136-32 (2) The percentage of classes in the core academic
136-33 subjects, as set forth in NRS 389.018, in this state that are not
136-34 taught by highly qualified teachers; and
136-35 (3) The percentage of classes in the core academic
136-36 subjects, as set forth in NRS 389.018, in this state that are not
136-37 taught by highly qualified teachers in schools that are:
136-38 (I) In the top quartile of poverty in this state; and
136-39 (II) In the bottom quartile of poverty in this state.
136-40 (l) The total expenditure per pupil for each school district
136-41 in this state, including, without limitation, each charter school
136-42 in the district.
136-43 (m) The total statewide expenditure per pupil.
136-44 (n) For all elementary schools, junior high schools and
136-45 middle schools, the rate of attendance, reported for each
137-1 school district, including, without limitation, each charter
137-2 school in the district, and for this state as a whole.
137-3 (o) The annual rate of pupils who drop out of school in
137-4 grades 9 to 12, inclusive, reported for each school district,
137-5 including, without limitation, each charter school in the
137-6 district, and for this state as a whole, excluding pupils who:
137-7 (1) Provide proof to the school district of successful
137-8 completion of the examinations of general educational
137-9 development.
137-10 (2) Are enrolled in courses that are approved by the
137-11 Department as meeting the requirements for an adult standard
137-12 diploma.
137-13 (3) Withdraw from school to attend another school.
137-14 (p) The attendance of teachers who provide instruction,
137-15 reported for each school district, including, without
137-16 limitation, each charter school in the district, and for this state
137-17 as a whole.
137-18 (q) Incidents involving weapons or violence, reported for
137-19 each school district, including, without limitation, each
137-20 charter school in the district, and for this state as a whole.
137-21 (r) Incidents involving the use or possession of alcoholic
137-22 beverages or controlled substances, reported for each school
137-23 district, including, without limitation, each charter school in
137-24 the district, and for this state as a whole.
137-25 (s) The suspension and expulsion of pupils required or
137-26 authorized pursuant to NRS 392.466 and 392.467, reported
137-27 for each school district, including, without limitation, each
137-28 charter school in the district, and for this state as a whole.
137-29 (t) The number of pupils who are deemed habitual
137-30 disciplinary problems pursuant to NRS 392.4655, reported for
137-31 each school district, including, without limitation, each
137-32 charter school in the district, and for this state as a whole.
137-33 (u) The number of pupils in each grade who are retained
137-34 in the same grade pursuant to NRS 392.033 or 392.125,
137-35 reported for each school district, including, without
137-36 limitation, each charter school in the district, and for this state
137-37 as a whole.
137-38 (v) The transiency rate of pupils, reported for each school
137-39 district, including, without limitation, each charter school in
137-40 the district, and for this state as a whole. For the purposes of
137-41 this paragraph, a pupil is not a transient if he is transferred to
137-42 a different school within the school district as a result of a
137-43 change in the zone of attendance by the board of trustees of
137-44 the school district pursuant to NRS 388.040.
138-1 (w) Each source of funding for this state to be used for the
138-2 system of public education.
138-3 (x) The amount and sources of money received by this
138-4 state for remedial education.
138-5 (y) The percentage of pupils who graduated from a high
138-6 school or charter school in the immediately preceding year
138-7 and enrolled in remedial courses in reading, writing or
138-8 mathematics at a university or community college within the
138-9 University and Community College System of Nevada,
138-10 reported for each school district, including, without
138-11 limitation, each charter school in the district, and for this state
138-12 as a whole.
138-13 (z) The technological facilities and equipment available
138-14 for educational purposes, reported for each school district,
138-15 including, without limitation, each charter school in the
138-16 district, and for this state as a whole.
138-17 (aa) For each school district, including, without
138-18 limitation, each charter school in the district, and for this state
138-19 as a whole, the number and percentage of pupils who
138-20 received:
138-21 (1) A standard high school diploma.
138-22 (2) An adjusted diploma.
138-23 (3) A certificate of attendance.
138-24 (bb) The number and percentage of pupils who did not
138-25 receive a high school diploma because the pupils failed to
138-26 pass the high school proficiency examination, reported for
138-27 each school district, including, without limitation, each
138-28 charter school in the district, and for this state as a whole.
138-29 (cc) The number of habitual truants who are reported to a
138-30 school police officer or law enforcement agency pursuant to
138-31 paragraph (a) of subsection 2 of NRS 392.144 and the
138-32 number of habitual truants who are referred to an advisory
138-33 board to review school attendance pursuant to paragraph (b)
138-34 of subsection 2 of NRS 392.144, reported for each school
138-35 district, including, without limitation, each charter school in
138-36 the district, and for this state as a whole.
138-37 (dd) Information on the paraprofessionals employed at
138-38 public schools in this state, including, without limitation, the
138-39 charter schools in this state. The information must include:
138-40 (1) The number of paraprofessionals employed,
138-41 reported for each school district, including, without
138-42 limitation, each charter school in the district, and for this state
138-43 as a whole; and
138-44 (2) Whether each paraprofessional employed holds a
138-45 certificate issued pursuant to section 88 of this act, reported
139-1 for each school district, including, without limitation, each
139-2 charter school in the district, and for this state as a whole.
139-3 (ee) An identification of appropriations made by the
139-4 Legislature to improve the academic achievement of pupils
139-5 and programs approved by the Legislature to improve the
139-6 academic achievement of pupils.
139-7 2. A separate reporting for a subgroup of pupils must not
139-8 be made pursuant to this section if the number of pupils in
139-9 that subgroup is insufficient to yield statistically reliable
139-10 information or the results would reveal personally identifiable
139-11 information about an individual pupil. The State Board shall
139-12 prescribe a mechanism for determining the minimum number
139-13 of pupils that must be in a subgroup for that subgroup to yield
139-14 statistically reliable information.
139-15 3. The annual report of accountability must:
139-16 (a) Comply with 20 U.S.C. § 6311(h)(1) and the
139-17 regulations adopted pursuant thereto;
139-18 (b) Be prepared in a concise manner; and
139-19 (c) Be presented in an understandable and uniform format
139-20 and, to the extent practicable, provided in a language that
139-21 parents can understand.
139-22 4. On or before August 1 of each year, the State Board
139-23 shall provide for public dissemination of the annual report of
139-24 accountability and submit a copy of the report to the:
139-25 (a) Governor;
139-26 (b) Committee;
139-27 (c) Bureau;
139-28 (d) Board of Regents of the University of Nevada;
139-29 (e) Board of trustees of each school district; and
139-30 (f) Governing body of each charter school.
139-31 5. As used in this section, “highly qualified” has the
139-32 meaning ascribed to it in 20 U.S.C. § 7801(23).
139-33 Sec. 119. Section 10 of this act is hereby amended to read as
139-34 follows:
139-35 Sec. 10. 1. On or before January 1 of each year, the
139-36 Department shall determine whether each public school is
139-37 making adequate yearly progress, as defined by the State
139-38 Board pursuant to section 4 of this act. The determination for
139-39 a public school, including, without limitation, a charter school
139-40 sponsored by the board of trustees of the school district, must
139-41 be made in consultation with the board of trustees of the
139-42 school district in which the public school is located. If a
139-43 charter school is sponsored by the State Board, the
139-44 Department shall make a determination for the charter school
140-1 in consultation with the State Board. On or before January 1
140-2 of each year, the Department shall transmit:
140-3 (a) Except as otherwise provided in paragraph (b), the
140-4 determination made for each public school to the board of
140-5 trustees of the school district in which the public school is
140-6 located.
140-7 (b) To the State Board the determination made for each
140-8 charter school that is sponsored by the State Board.
140-9 2. Except as otherwise provided in this subsection, the
140-10 Department shall determine that a public school has failed to
140-11 make adequate yearly progress if any subgroup identified in
140-12 paragraph (d) of subsection 1 of section 4 of this act does not
140-13 satisfy the annual measurable objectives established by the
140-14 State Board pursuant to that section. To comply with 20
140-15 U.S.C. § 6311(b)(2)(I) and the regulations adopted pursuant
140-16 thereto, the State Board shall prescribe by regulation the
140-17 conditions under which a school shall be deemed to have
140-18 made adequate yearly progress even though a subgroup
140-19 identified in paragraph (d) of subsection 1 of section 4 of this
140-20 act did not satisfy the annual measurable objectives of the
140-21 State Board.
140-22 3. In addition to the provisions of subsection 2, the
140-23 Department shall determine that a public school has failed to
140-24 make adequate yearly progress if:
140-25 (a) The number of pupils enrolled in the school who took
140-26 the examinations administered pursuant to NRS 389.015 [and
140-27 389.550] is less than 95 percent of all pupils enrolled in the
140-28 school who were required to take the examinations; or
140-29 (b) Except as otherwise provided in subsection 4, for each
140-30 subgroup of pupils identified in paragraph (d) of subsection 1
140-31 of section 4 of this act, the number of pupils in the subgroup
140-32 enrolled in the school who took the examinations
140-33 administered pursuant to NRS 389.015 [and 389.550] is less
140-34 than 95 percent of all pupils in that subgroup enrolled in the
140-35 school who were required to take the examinations.
140-36 4. If the number of pupils in a particular subgroup who
140-37 are enrolled in a public school is insufficient to yield
140-38 statistically reliable information:
140-39 (a) The Department shall not determine that the school
140-40 has failed to make adequate yearly progress pursuant to
140-41 paragraph (b) of subsection 3 based solely upon that
140-42 particular subgroup.
140-43 (b) The pupils in such a subgroup must be included in the
140-44 overall count of pupils enrolled in the school who took the
140-45 examinations.
141-1 The State Board shall prescribe the mechanism for
141-2 determining the number of pupils that must be in a subgroup
141-3 for that subgroup to yield statistically reliable information.
141-4 5. If an irregularity in testing administration or an
141-5 irregularity in testing security occurs at a school and the
141-6 irregularity invalidates the test scores of pupils, those test
141-7 scores must not be included in the scores of pupils reported
141-8 for the school and the attendance of those pupils must not be
141-9 counted towards the total number of pupils who took the
141-10 examinations, but must be included in the total number of
141-11 pupils who were required to take the examinations. If the
141-12 pupils take an additional administration of the examinations
141-13 during the same school year, the scores of pupils on those
141-14 examinations must not be included in the scores of pupils
141-15 reported for the school.
141-16 6. As used in this section:
141-17 (a) “Irregularity in testing administration” has the
141-18 meaning ascribed to it in NRS 389.604.
141-19 (b) “Irregularity in testing security” has the meaning
141-20 ascribed to it in NRS 389.608.
141-21 Sec. 120. Section 11 of this act is hereby amended to read as
141-22 follows:
141-23 Sec. 11. 1. Except as otherwise provided in subsection
141-24 3, if the number of pupils enrolled in a school who took the
141-25 examinations administered pursuant to NRS 389.015 , [and
141-26 389.550,] excluding the high school proficiency examination,
141-27 is less than 95 percent of all pupils enrolled in the school who
141-28 were required to take the examinations, the Department shall
141-29 notify the school and the school district in which the school is
141-30 located that the school is required to provide, in the same
141-31 school year, for an additional administration of examinations,
141-32 excluding the high school proficiency examination, as
141-33 prescribed by the State Board pursuant to subsection 2.
141-34 Except as otherwise provided in this subsection, the school
141-35 district shall pay for all costs related to the administration of
141-36 the examinations pursuant to this subsection. If a charter
141-37 school is required to administer examinations pursuant to this
141-38 subsection, the charter school shall pay for all costs related to
141-39 the administration of the examinations to pupils enrolled in
141-40 the charter school.
141-41 2. The State Board shall prescribe by regulation the
141-42 examinations that a school must administer pursuant to
141-43 subsection 1.
141-44 3. The Department may, for good cause shown, grant a
141-45 waiver to a school from the requirements of subsection 1.
142-1 Sec. 121. Section 12 of this act is hereby amended to read as
142-2 follows:
142-3 Sec. 12. If the Department determines that a public
142-4 school has failed to make adequate yearly progress pursuant
142-5 to subsection 3 of section 10 of this act:
142-6 1. The Department or its designee shall monitor at the
142-7 school the administration of the examinations that are
142-8 required pursuant to NRS 389.015 [and 389.550] and ensure
142-9 that all eligible pupils who are in attendance on the day of the
142-10 administration of the examinations are given an opportunity
142-11 to take the examinations until the percentage of pupils who
142-12 take the examinations is 95 percent or more of all pupils
142-13 enrolled in the school who are required to take the
142-14 examinations.
142-15 2. The school is not required to adopt a program of
142-16 remedial study pursuant to NRS 385.389 and is not eligible to
142-17 receive money for remedial programs made available by
142-18 legislative appropriation for the purposes of NRS 385.389.
142-19 Sec. 122. Section 19 of this act is hereby amended to read as
142-20 follows:
142-21 Sec. 19. 1. In addition to the duties prescribed in
142-22 section 18 of this act, a support team established for a school
142-23 shall prepare an annual written report that includes:
142-24 (a) Information concerning the most recent plan to
142-25 improve the achievement of the school’s pupils, including,
142-26 without limitation, an evaluation of:
142-27 (1) The appropriateness of the plan for the school; and
142-28 (2) Whether the school has achieved the goals and
142-29 objectives set forth in the plan;
142-30 (b) The written revisions to the plan to improve the
142-31 achievement of the school’s pupils adopted by the support
142-32 team pursuant to section 18 of this act;
142-33 (c) A summary of each program for remediation, if any,
142-34 purchased for the school with money that is available from
142-35 the Federal Government, this state and the school district in
142-36 which the school is located, including, without limitation:
142-37 (1) The name of the program;
142-38 (2) The date on which the program was purchased and
142-39 the date on which the program was carried out by the school;
142-40 (3) The percentage of personnel at the school who
142-41 were trained regarding the use of the program;
142-42 (4) The satisfaction of the personnel at the school with
142-43 the program; and
143-1 (5) An evaluation of whether the program has
143-2 improved the academic achievement of the pupils enrolled in
143-3 the school who participated in the program;
143-4 (d) An analysis of the problems and factors at the school
143-5 which contributed to the designation of the school as
143-6 demonstrating need for improvement, including, without
143-7 limitation, issues relating to:
143-8 (1) The financial resources of the school;
143-9 (2) The administrative and educational personnel of
143-10 the school;
143-11 (3) The curriculum of the school;
143-12 (4) The facilities available at the school, including the
143-13 availability and accessibility of educational technology; and
143-14 (5) Any other factors that the support team believes
143-15 contributed to the designation of the school as demonstrating
143-16 need for improvement; and
143-17 (e) Other information concerning the school, including,
143-18 without limitation:
143-19 (1) The results of the pupils who are enrolled in the
143-20 school on the examinations that are administered pursuant to
143-21 NRS 389.015 ; [and 389.550;]
143-22 (2) Records of the attendance and truancy of pupils
143-23 who are enrolled in the school;
143-24 (3) The transiency rate of pupils who are enrolled in
143-25 the school;
143-26 (4) A description of the number of years that each
143-27 teacher has provided instruction at the school and the rate of
143-28 turnover of teachers and other educational personnel
143-29 employed at the school;
143-30 (5) A description of the participation of parents and
143-31 legal guardians in the educational process and other activities
143-32 relating to the school;
143-33 (6) A description of each source of money for the
143-34 remediation of pupils who are enrolled in the school; and
143-35 (7) A description of the disciplinary problems of the
143-36 pupils who are enrolled in the school, including, without
143-37 limitation, the information contained in paragraphs (k) to (n),
143-38 inclusive, of subsection 2 of NRS 385.347.
143-39 2. On or before April 15, the support team shall submit a
143-40 copy of the final written report to the:
143-41 (a) Principal of the school;
143-42 (b) Board of trustees of the school district in which the
143-43 school is located;
143-44 (c) Superintendent of schools of the school district in
143-45 which the school is located;
144-1 (d) Department; and
144-2 (e) Bureau.
144-3 The support team shall make the written report available,
144-4 upon request, to each parent or legal guardian of a pupil who
144-5 is enrolled in the school.
144-6 Sec. 123. Section 30 of this act is hereby amended to read as
144-7 follows:
144-8 Sec. 30. 1. On or before January 1 of each year, the
144-9 Department shall determine whether each school district is
144-10 making adequate yearly progress, as defined by the State
144-11 Board pursuant to section 4 of this act. If a charter school is
144-12 sponsored by the board of trustees of a school district, the
144-13 pupils who are enrolled in the charter school must be included
144-14 in the determination made for that school district.
144-15 2. Except as otherwise provided in this subsection, the
144-16 Department shall determine that a school district has failed to
144-17 make adequate yearly progress if any subgroup of pupils
144-18 identified in paragraph (d) of subsection 1 of section 4 of this
144-19 act who are enrolled in the school district does not satisfy the
144-20 annual measurable objectives established by the State Board
144-21 pursuant to that section. To comply with 20 U.S.C. §
144-22 6311(b)(2)(I) and the regulations adopted pursuant thereto,
144-23 the State Board shall prescribe by regulation the conditions
144-24 under which a school district shall be deemed to have made
144-25 adequate yearly progress even though a subgroup of pupils
144-26 identified in paragraph (d) of subsection 1 of section 4 of this
144-27 act who are enrolled in the school district did not satisfy the
144-28 annual measurable objectives of the State Board.
144-29 3. In addition to the provisions of subsection 2, the
144-30 Department shall determine that a school district has failed to
144-31 make adequate yearly progress if:
144-32 (a) The number of pupils enrolled in the school district
144-33 who took the examinations administered pursuant to NRS
144-34 389.015 [and 389.550] is less than 95 percent of all pupils
144-35 enrolled in the school district who were required to take the
144-36 examinations; or
144-37 (b) Except as otherwise provided in subsection 4, for each
144-38 subgroup of pupils identified in paragraph (d) of subsection 1
144-39 of section 4 of this act, the number of pupils enrolled in the
144-40 school district who took the examinations administered
144-41 pursuant to NRS 389.015 and 389.550] is less than 95 percent
144-42 of all pupils in the subgroup who were required to take the
144-43 examinations.
145-1 4. If the number of pupils in a particular subgroup who
145-2 are enrolled in a school district is insufficient to yield
145-3 statistically reliable information:
145-4 (a) The Department shall not determine that the school
145-5 district has failed to make adequate yearly progress pursuant
145-6 to paragraph (b) of subsection 3 based solely upon that
145-7 particular subgroup.
145-8 (b) The pupils in such a subgroup must be included in the
145-9 overall count of pupils enrolled in the school district who
145-10 took the examinations.
145-11 The State Board shall prescribe the mechanism for
145-12 determining the minimum number of pupils that must be in a
145-13 subgroup for that subgroup to yield statistically reliable
145-14 information.
145-15 Sec. 124. Section 46 of this act is hereby amended to read as
145-16 follows:
145-17 Sec. 46. A person who is [initially hired] employed by a
145-18 charter school [on or after July 1, 2004,] to perform a duty of
145-19 a paraprofessional, as defined in section 84 of this act, must
145-20 hold a certificate as a paraprofessional issued pursuant to
145-21 section 88 of this act[. For the purposes of this section, a
145-22 person is not “initially hired” if he has been employed as a
145-23 paraprofessional by another school district or charter school
145-24 in this state without an interruption in employment before the
145-25 date of hire by his current employer.]
145-26 Sec. 125. Section 64 of this act is hereby amended to read as
145-27 follows:
145-28 Sec. 64. 1. If a pupil with a disability is unable to take
145-29 an examination administered pursuant to NRS 389.015 [or
145-30 389.550] under regular testing conditions, the pupil may take
145-31 the examination with modifications and accommodations that
145-32 the pupil’s individualized education program team
145-33 determines, in consultation with the Department and in
145-34 accordance with the Individuals with Disabilities Education
145-35 Act, 20 U.S.C. §§ 1400 et seq., and the No Child Left Behind
145-36 Act of 2001, 20 U.S.C. §§ 6301 et seq., are necessary to
145-37 measure the progress of the pupil. If modifications or
145-38 accommodations are made in the administration of an
145-39 examination for a pupil with a disability, the modifications or
145-40 accommodations must be set forth in the pupil’s
145-41 individualized education program. The results of each pupil
145-42 with a disability who takes an examination with modifications
145-43 or accommodations must be reported and must be included in
145-44 the determination of whether the school and the school
145-45 district have made adequate yearly progress.
146-1 2. The State Board shall prescribe an alternate
146-2 examination for administration to a pupil with a disability if
146-3 the pupil’s individualized education program team
146-4 determines, in consultation with the Department, that the
146-5 pupil cannot participate in all or a portion of an examination
146-6 administered pursuant to NRS 389.015 [or 389.550] even
146-7 with modifications and accommodations. The results of a
146-8 pupil with a disability who takes an alternate examination
146-9 must not be included in the determination of whether the
146-10 school and the school district have made adequate yearly
146-11 progress.
146-12 3. The State Board shall prescribe, in accordance with
146-13 the Individuals with Disabilities Education Act, 20 U.S.C. §§
146-14 1400 et seq., and the No Child Left Behind Act of 2001, 20
146-15 U.S.C. §§ 6301 et seq., the modifications and
146-16 accommodations that may be used in the administration of an
146-17 examination to a pupil with a disability who is unable to take
146-18 the examination under regular testing conditions.
146-19 4. As used in this section:
146-20 (a) “Individualized education program” has the meaning
146-21 ascribed to it in 20 U.S.C. § 1414(d)(1)(A).
146-22 (b) “Individualized education program team” has the
146-23 meaning ascribed to it in 20 U.S.C. § 1414(d)(1)(B).
146-24 Sec. 126. Section 88 of this act is hereby amended to read as
146-25 follows:
146-26 Sec. 88. 1. The State Board shall adopt regulations
146-27 prescribing the qualifications for the certification of
146-28 paraprofessionals and the procedures for the issuance and
146-29 renewal of such certificates. The regulations must include the
146-30 causes for suspension and revocation of a certificate and the
146-31 procedures to be carried out if action is taken to suspend or
146-32 revoke a certificate. The State Board shall consider and may
146-33 adopt regulations that provide for the reciprocal certification
146-34 of paraprofessionals from other states.
146-35 2. An applicant for a certificate as a paraprofessional
146-36 must submit to the State Board proof that he satisfies the
146-37 requirements of the State Board established by regulation
146-38 pursuant to subsection 1 and that he has:
146-39 (a) Completed at least 2 years of study at an institution of
146-40 higher education;
146-41 (b) Obtained an associate’s degree or a higher degree; or
146-42 (c) Passed an examination prescribed by the State Board
146-43 pursuant to this subsection.
146-44 The State Board shall prescribe at least one examination that
146-45 is required of an applicant for a certificate as a
147-1 paraprofessional if the applicant does not qualify for a
147-2 certificate pursuant to paragraph (a) or (b).
147-3 3. [An application for the issuance of a certificate must
147-4 include the social security number of the applicant.
147-5 4.] Every applicant for a certificate must submit with his
147-6 application a complete set of his fingerprints and written
147-7 permission authorizing the State Board to forward the
147-8 fingerprints to the Federal Bureau of Investigation and to the
147-9 Central Repository for Nevada Records of Criminal History
147-10 for their reports on the criminal history of the applicant.
147-11 [5.] 4. A certificate must be issued to an applicant if:
147-12 (a) The State Board determines that the applicant satisfies
147-13 the requirements of this section and the requirements
147-14 prescribed by the State Board pursuant to subsection 1;
147-15 (b) The applicant submits [:
147-16 (1) The] the fee prescribed by section 91 of this act;
147-17 and
147-18 [(2) The statement required by section 90 of this act;
147-19 and]
147-20 (c) The reports on the criminal history of the applicant
147-21 from the Federal Bureau of Investigation and the Central
147-22 Repository for Nevada Records of Criminal History:
147-23 (1) Do not indicate that the applicant has been
147-24 convicted of a felony or any other offense involving moral
147-25 turpitude; or
147-26 (2) Indicate that the applicant has been convicted of a
147-27 felony or an offense involving moral turpitude but the State
147-28 Board determines that the conviction is unrelated to the
147-29 position within the school district or charter school for which
147-30 the applicant applied.
147-31 [6.] 5. A person who holds a certificate issued pursuant
147-32 to this section must not be considered a licensed teacher or
147-33 other licensed employee of a school district or charter school
147-34 unless he holds a license to teach issued pursuant to
147-35 NRS 391.031.
147-36 Sec. 127. 1. There is hereby appropriated from the State
147-37 General Fund to the Department of Education the sum of
147-38 $9,950,000 for educational technology.
147-39 2. The Department of Education shall distribute the money
147-40 appropriated by subsection 1 as follows:
147-41 (a) For the Commission on Educational Technology to grant
147-42 money to local school districts for schools within the school district
147-43 to acquire the minimal level of educational technology that is
147-44 necessary to provide a networked computer for each classroom, as
147-45 recommended by the Commission:
148-1 For the fiscal year 2003-2004$1,250,000
148-2 For the fiscal year 2004-2005$1,250,000
148-3 (b) For the Commission on Educational Technology to provide
148-4 grants to local school districts for the repair, replacement or upgrade
148-5 of computer hardware and software, including, without limitation,
148-6 contracts for maintenance:
148-7 For the fiscal year 2003-2004$2,500,000
148-8 For the fiscal year 2004-2005$2,500,000
148-9 (c) For the Commission on Educational Technology to grant to
148-10 local school districts for hardware, software and contracting services
148-11 to provide or enhance technical support to the school districts:
148-12 For the fiscal year 2003-2004$625,000
148-13 For the fiscal year 2004-2005$625,000
148-14 (d) For the Commission on Educational Technology to grant to
148-15 local school districts for pilot programs that demonstrate best
148-16 practices for the use of educational technology to improve the
148-17 achievement of pupils:
148-18 For the fiscal year 2003-2004$150,000
148-19 For the fiscal year 2004-2005$150,000
148-20 (e) For the Commission on Educational Technology to distribute
148-21 for the KLVX Distance Learning Satellite Service $400,000
148-22 (f) For the Commission on Educational Technology to grant to
148-23 the Division of State Library and Archives of the Department of
148-24 Cultural Affairs for licenses to allow school libraries access to
148-25 research databases and other on-line resources appropriate for
148-26 pupils............................................... $500,000
148-27 3. The sums appropriated by paragraphs (a) to (d), inclusive, of
148-28 subsection 2 are available for either fiscal year. Any balance of
148-29 those sums must not be committed for expenditure after June 30,
148-30 2005, and reverts to the State General Fund as soon as all payments
148-31 of money committed have been made.
148-32 4. Any remaining balance of the appropriation made by
148-33 paragraphs (e) and (f) of subsection 2 must not be committed for
148-34 expenditure after June 30, 2005, and reverts to the State General
148-35 Fund as soon as all payments of money committed have been made.
148-36 Sec. 128. 1. To receive a grant of money pursuant to section
148-37 127 of this act, a school district must:
148-38 (a) Complete forms provided by the Superintendent of Public
148-39 Instruction.
148-40 (b) Submit a written request to the Commission on Educational
148-41 Technology that identifies the schools within the school district
148-42 which need educational technology and the financial needs of those
148-43 schools to obtain the educational technology.
148-44 (c) Submit a plan to the Commission on Educational
148-45 Technology for the use of educational technology to improve the
149-1 instruction and academic achievement of pupils, based upon the
149-2 most recent version of the plan adopted by the Commission pursuant
149-3 to NRS 388.795 for the use of educational technology in the public
149-4 schools of this state. A school district may, as part of its plan and
149-5 upon approval of the Commission, elect to use refurbished
149-6 computers that do not meet the technical standards established by
149-7 the Commission.
149-8 (d) Submit a plan for evaluation in accordance with guidelines
149-9 submitted by the Commission on Educational Technology that
149-10 includes the effectiveness of the use of educational technology in
149-11 improving the academic achievement of pupils.
149-12 (e) Provide any additional information requested by the
149-13 Commission on Educational Technology.
149-14 2. The Commission on Educational Technology shall
149-15 determine the amount of money that must be distributed to school
149-16 districts based upon the needs of each school district and the wealth
149-17 of the school district relative to the other school districts in this
149-18 state.
149-19 3. A school district that receives a grant of money pursuant to
149-20 section 127 of this act shall:
149-21 (a) Account for the money separately; and
149-22 (b) Use the money to supplement, and not replace, the money
149-23 that the school district would otherwise expend for educational
149-24 technology.
149-25 4. A school district that receives a grant of money pursuant to
149-26 section 127of this act shall not use the money to:
149-27 (a) Settle or arbitrate disputes or negotiate settlements between
149-28 an organization that represents licensed employees of the school
149-29 district and the school district.
149-30 (b) Adjust the schedules of salaries and benefits of the
149-31 employees of the school district.
149-32 5. On or before January 1, 2005, each school district that
149-33 receives a grant of money pursuant to section 127of this act shall
149-34 submit to the Department of Education and the Commission on
149-35 Educational Technology a written report in the format required by
149-36 the Department. The report must include, without limitation:
149-37 (a) A statement of the amount of money distributed to the school
149-38 district pursuant to section 127of this act;
149-39 (b) A record of the manner in which the money was expended;
149-40 (c) The purposes of each such expenditure; and
149-41 (d) Any other expenditures for similar purposes from other
149-42 money available to the school district.
149-43 6. On or before February 1, 2005, the Department of Education
149-44 shall submit a written summary to the Governor, the Commission on
149-45 Educational Technology and the Director of the Legislative Counsel
150-1 Bureau for transmission to the 73rd Session of the Nevada
150-2 Legislature. The written summary must include, without limitation:
150-3 (a) The name of each school district that received a grant of
150-4 money pursuant to section 127 of this act; and
150-5 (b) A compilation of the reports submitted to the Department
150-6 pursuant to subsection 5.
150-7 Sec. 129. 1. There is hereby appropriated from the State
150-8 General Fund to the Legislative Fund created by NRS 218.085 the
150-9 sum of $50,000 for use by the Legislative Bureau of Educational
150-10 Accountability and Program Evaluation to hire a qualified,
150-11 independent consultant to conduct an evaluation of educational
150-12 technology.
150-13 2. The Legislative Bureau of Educational Accountability and
150-14 Program Evaluation shall, after consulting with the Commission on
150-15 Educational Technology, use the money appropriated by subsection
150-16 1 to hire a qualified, independent consultant to conduct an
150-17 evaluation of the effectiveness of educational technology in
150-18 improving the achievement of pupils, to identify issues relating to
150-19 the implementation of educational technology and to identify best
150-20 practices relating to the use of educational technology to improve
150-21 the achievement of pupils.
150-22 3. The consultant shall provide to the Legislative Committee
150-23 on Education, upon the request of the Committee, an interim report
150-24 of the progress of the consultant. On or before February 1, 2005, the
150-25 consultant hired pursuant to subsection 2 shall submit a written
150-26 report of the results of his evaluation to the Legislative Bureau of
150-27 Educational Accountability and Program Evaluation. On or before
150-28 February 21, 2005, the Legislative Bureau of Educational
150-29 Accountability and Program Evaluation shall submit a copy of the
150-30 written report and any recommendations for legislation to
150-31 the Director of the Legislative Counsel Bureau for transmission to
150-32 the 73rd Session of the Nevada Legislature.
150-33 4. Any remaining balance of the appropriation made by
150-34 subsection 1 must not be committed for expenditure after June 30,
150-35 2005, and reverts to the State General Fund as soon as all payments
150-36 of money committed have been made.
150-37 Sec. 130. 1. There is hereby appropriated from the State
150-38 General Fund to the Department of Education the sum of $705,000
150-39 for a pilot program to provide bonuses to experienced
150-40 administrators, exemplary teachers and unlicensed instructional
150-41 support employees who are employed at certain schools that are
150-42 designated as needing improvement. The Department may retain not
150-43 more than $25,000 from the appropriation for the hiring of a
150-44 qualified and independent consultant to assist the Department with
151-1 carrying out the pilot program and conducting the evaluation
151-2 required by subsection 5.
151-3 2. The Department of Education shall establish a pilot program
151-4 to provide bonuses to experienced administrators, exemplary
151-5 teachers and unlicensed instructional support employees who are
151-6 employed at a school that is designated as needing improvement for
151-7 3 consecutive years or more. The board of trustees of a school
151-8 district may apply to the Department of Education for a school
151-9 within the school district to participate in the pilot program for the
151-10 2004-2005 school year. The Department of Education shall select
151-11 not more than four schools for participation in the pilot program.
151-12 3. The board of trustees of each school district that includes a
151-13 school that is selected for participation in the program shall, in
151-14 consultation with the Superintendent of Public Instruction, select
151-15 one experienced person to serve as principal of the school and one
151-16 experienced person to serve as vice principal of the school.
151-17 4. Upon selection of a principal and vice principal pursuant to
151-18 subsection 3, the Department of Education shall distribute from the
151-19 appropriation made by subsection 1 to each school that is selected
151-20 for participation in the program:
151-21 (a) For one experienced principal employed at the school,
151-22 $6,000.
151-23 (b) For one experienced vice principal employed at the school,
151-24 $6,000.
151-25 (c) An amount of money, not to exceed $150,000, for exemplary
151-26 teachers employed at the school to receive a bonus. The principal of
151-27 the school shall select not more than 50 exemplary teachers
151-28 employed at the school to receive a bonus of $3,000 per teacher.
151-29 The amount of a bonus paid to a teacher pursuant to this paragraph
151-30 must not exceed $3,000.
151-31 (d) For experienced instructional support staff employed at the
151-32 school, $8,000. The principal of the school shall select eight
151-33 unlicensed instructional support employees to receive a bonus of
151-34 $1,000 per employee from the distribution. The amount of a bonus
151-35 paid to an employee pursuant to this paragraph must not exceed
151-36 $1,000.
151-37 The bonuses provided pursuant to this subsection must be
151-38 distributed to each employee upon completion of 1 full school year
151-39 of employment. A bonus must not be paid to an employee who does
151-40 not complete a full school year of employment. A school that
151-41 receives a distribution of money on behalf of an employee who does
151-42 not complete 1 full school year of employment at the school shall
151-43 return the money to the Department immediately upon the
151-44 employee’s departure.
152-1 5. The Department of Education shall evaluate the pilot
152-2 program established pursuant to this section and prepare a written
152-3 report of the evaluation. The evaluation must include, without
152-4 limitation, specific and measurable criteria for determining the
152-5 effect of the pilot program on improving the academic achievement
152-6 of pupils and removing the school from the designation of
152-7 demonstrating need for improvement. On or before February 1,
152-8 2005, the Department shall submit a draft of the written report of the
152-9 evaluation to the Director of the Legislative Counsel Bureau for
152-10 transmission to the 73rd Session of the Nevada Legislature. On or
152-11 before June 30, 2005, the Department shall submit the final written
152-12 report of the evaluation to the Legislative Committee on Education.
152-13 6. Any remaining balance of the appropriation made by
152-14 subsection 1 must not be committed for expenditure after June 30,
152-15 2005, and reverts to the State General Fund as soon as all payments
152-16 of money committed have been made.
152-17 7. As used in this section, “exemplary teacher” has the
152-18 meaning ascribed to it in 20 U.S.C. § 7801(19).
152-19 Sec. 131. 1. There is hereby appropriated from the State
152-20 General Fund to the Interim Finance Committee the sum of
152-21 $287,427 to continue the contractual services for a consultant to
152-22 carry out a financial analysis model program in:
152-23 (a) Each school district; and
152-24 (b) The charter schools selected for participation by the Interim
152-25 Finance Committee,
152-26 that is designed to track educational expenditures and revenues to
152-27 individual schools and to provide for uniformity in financial
152-28 reporting among school districts and charter schools.
152-29 2. The Department of Education, each school district and each
152-30 charter school that is selected for participation by the Interim
152-31 Finance Committee shall provide on or before November 15 of each
152-32 year, such information as is necessary for the consultant to carry out
152-33 his duties pursuant to subsection 1.
152-34 3. Any remaining balance of the appropriation made by
152-35 subsection 1 must not be committed for expenditure after June 30,
152-36 2005, and reverts to the State General Fund as soon as all payments
152-37 of money committed have been made.
152-38 Sec. 132. 1. To determine whether public schools and school
152-39 districts have made adequate yearly progress and to designate public
152-40 schools and school districts pursuant to sections 2 to 37, inclusive,
152-41 of this act, the Department of Education shall:
152-42 (a) For the 2003-2004 school year, use the results on the
152-43 examinations administered to pupils in the spring semester of 2003
152-44 pursuant to NRS 389.550 and the results on the examinations
153-1 administered to pupils in the fall semester of 2003 pursuant to
153-2 NRS 389.015.
153-3 (b) For the 2004-2005 school year, use the results on the
153-4 examinations administered to pupils in the spring semester of 2004
153-5 pursuant to NRS 389.550 and the results on the examinations
153-6 administered to pupils in the fall semester of 2004 pursuant to
153-7 NRS 389.015.
153-8 2. Notwithstanding the provisions of NRS 389.550 to the
153-9 contrary, the examinations required by that section must not be
153-10 administered to pupils in the 2004-2005 school year.
153-11 Sec. 133. Each designation of a public school as
153-12 demonstrating need for improvement before January 1, 2004, must
153-13 be counted in determining the number of consecutive years that the
153-14 school has carried that designation when the Department of
153-15 Education or the board of trustees of a school district, as applicable,
153-16 designates public schools on January 5, 2004, pursuant to section 14
153-17 of this act.
153-18 Sec. 134. The high school proficiency examination that
153-19 measures the performance of pupils on the standards of content and
153-20 performance in science must first be administered to pupils enrolled
153-21 in grade 11 in the 2007-2008 school year, who must pass the
153-22 examination before the completion of grade 12 to graduate with a
153-23 standard high school diploma in the 2008-2009 school year.
153-24 Sec. 135. The Department of Education shall purchase the
153-25 examinations required by section 67 of this act during the 2003-
153-26 2004 school year. The Department shall conduct a pilot program of
153-27 the examinations required by section 67 of this act in the fall
153-28 semester of 2004. The results of those examinations must be used
153-29 solely to gather information and data concerning the examinations.
153-30 Sec. 136. 1. On or before January 1, 2004, the State Board of
153-31 Education shall:
153-32 (a) Adopt regulations pursuant to section 88 of this act that set
153-33 forth the qualifications for certification as a paraprofessional and
153-34 prescribe the examination for certification. The regulations must
153-35 become effective on a date that will allow paraprofessionals who are
153-36 initially hired on or after July 1, 2004, to obtain a certificate before
153-37 that date, if required by section 46 or 97 of this act.
153-38 (b) Begin accepting applications to ensure that all
153-39 paraprofessionals initially hired on or after July 1, 2004, will have
153-40 the opportunity to obtain a certificate before that date.
153-41 2. On or before September 1, 2004, the State Board of
153-42 Education shall submit to the Legislative Committee on Education,
153-43 for the review and comment by the Committee, a plan that sets forth
153-44 the manner in which the State Board will ensure that each person
153-45 who is employed by a school district or charter school before July 1,
154-1 2004, to perform a duty of a paraprofessional, as defined in section
154-2 84 of this act, is, on or before January 1, 2006, qualified for
154-3 certification as a paraprofessional pursuant to section 88 of this act.
154-4 3. After reviewing the plan submitted pursuant to subsection 2,
154-5 the Legislative Committee on Education shall notify the State Board
154-6 of Education of the opinion of the Committee regarding the plan.
154-7 4. The Legislative Committee on Education may make
154-8 recommendations for appropriate legislation as a result of its review
154-9 of a plan pursuant to this section.
154-10 Sec. 137. 1. On or before July 1, 2004, the Commission on
154-11 Professional Standards in Education shall adopt regulations pursuant
154-12 to section 94 of this act prescribing the qualifications for a license to
154-13 teach middle school or junior high school education. The regulations
154-14 must:
154-15 (a) Comply with the provisions of 20 U.S.C. § 6319(a) and the
154-16 regulations adopted pursuant thereto.
154-17 (b) Become effective on a date that will allow teachers who are
154-18 initially hired on or after January 1, 2006, to obtain the license
154-19 before that date, if required by section 53 or 97 of this act.
154-20 2. On or before September 1, 2004, the State Board of
154-21 Education shall prepare and submit, in consultation with the
154-22 Commission on Professional Standards in Education, a plan to the
154-23 Legislative Committee on Education setting forth the manner in
154-24 which the State Board proposes to ensure that all persons who are
154-25 employed by the board of trustees of a school district or the
154-26 governing body of a charter school to teach:
154-27 (a) English, reading or language arts;
154-28 (b) Mathematics;
154-29 (c) Science;
154-30 (d) Foreign language;
154-31 (e) Civics or government;
154-32 (f) Economics;
154-33 (g) Geography;
154-34 (h) History; or
154-35 (i) The arts,
154-36 in grades 7, 8 or 9 to pupils enrolled in a middle school or junior
154-37 high school will possess the qualifications required by 20 U.S.C. §
154-38 6319(a) and the regulations adopted pursuant thereto. The plan must
154-39 include a timeline by which the teachers will attain those
154-40 qualifications.
154-41 3. After reviewing the plan submitted pursuant to subsection 2,
154-42 the Legislative Committee on Education shall notify the State Board
154-43 of Education of the opinion of the Committee regarding the plan.
155-1 4. The Legislative Committee on Education may make
155-2 recommendations for appropriate legislation as a result of its review
155-3 of a plan pursuant to this section.
155-4 Sec. 138. On or before July 1, 2004, the Commission on
155-5 Professional Standards in Education shall review the regulations
155-6 adopted by the Commission governing the qualifications for the
155-7 licensure of teachers and other educational personnel and make such
155-8 revisions to the regulations as are necessary to ensure compliance
155-9 with 20 U.S.C. § 6319(a) and the regulations adopted pursuant
155-10 thereto.
155-11 Sec. 139. 1. The State Board of Education shall submit a
155-12 draft of the regulations that it proposes to adopt pursuant to sections
155-13 2 to 37, inclusive, of this act to the Legislative Committee on
155-14 Education for the review and comment by the Committee.
155-15 2. After reviewing a regulation submitted pursuant to
155-16 subsection 1, the Legislative Committee on Education shall notify
155-17 the State Board of Education of the opinion of the Committee
155-18 regarding the advisability of adopting the regulation.
155-19 3. The Legislative Committee on Education may make
155-20 recommendations for appropriate legislation as a result of its review
155-21 of regulations pursuant to this section.
155-22 Sec. 140. Notwithstanding the provisions of sections 46 and
155-23 97 of this act to the contrary, if the board of trustees of a school
155-24 district or the governing body of a charter school initially hires a
155-25 paraprofessional, as defined in section 84 of this act, on or after
155-26 January 8, 2002, the board of trustees or the governing body, as
155-27 applicable, shall comply with 20 U.S.C. § 6319(c), if that section is
155-28 applicable to the type of duties for which the paraprofessional is
155-29 hired to perform.
155-30 Sec. 141. 1. NRS 385.351, 385.356, 385.363, 385.364,
155-31 385.365, 385.367, 385.368, 385.369, 385.371, 385.373, 385.375,
155-32 385.378, 385.381, 385.383 and 385.386 are hereby repealed.
155-33 2. NRS 389.550, 389.560 and 389.570 are hereby repealed.
155-34 3. Sections 38 and 39 of chapter 13, Statutes of Nevada 2001
155-35 Special Session, at page 190, are hereby repealed.
155-36 Sec. 142. 1. This section and sections 1 to 5, inclusive, 10,
155-37 30, 31, 32, 36, 37, 38, 40, 41, 44, 45, 46, 47, 53 to 60, inclusive, 62
155-38 to 66, inclusive, 69, 72, 82, 83, 84, 86, 87, 91, 93, 101 to 105,
155-39 inclusive, 108 to 111, inclusive, 113, 114, 115, 127 to 140,
155-40 inclusive, and subsection 3 of section 141 of this act become
155-41 effective on July 1, 2003.
155-42 2. Section 88 of this act becomes effective on July 1, 2003, for
155-43 the purpose of adopting regulations and on January 1, 2004, for all
155-44 other purposes.
156-1 3. Section 94 of this act becomes effective on July 1, 2003, and
156-2 expires by limitation on June 30, 2005.
156-3 4. Subsection 1 of section 141 of this act becomes effective on
156-4 December 31, 2003.
156-5 5. Sections 6 to 9, inclusive, 11 to 29, inclusive, 33, 34, 35, 39,
156-6 43, 48, 49, 50, 52, 89, 97, 99, 100, 106 and 112 of this act become
156-7 effective on January 1, 2004.
156-8 6. Sections 90 and 92 of this act become effective on
156-9 January 1, 2004, and expire by limitation on the date on which the
156-10 provisions of 42 U.S.C. § 666 requiring each state to establish
156-11 procedures under which the state has authority to withhold or
156-12 suspend, or to restrict the use of, professional, occupational and
156-13 recreational licenses of persons who:
156-14 (a) Have failed to comply with a subpoena or warrant relating to
156-15 a proceeding to determine the paternity of a child or to establish or
156-16 enforce an obligation for the support of a child; or
156-17 (b) Are in arrears in the payment of support of one or more
156-18 children,
156-19 are repealed by the Congress of the United States.
156-20 7. Sections 85 and 96 of this act become effective on July 1,
156-21 2004.
156-22 8. Sections 42, 51, 61, 67, 70, 71, 73 to 81, inclusive, 107, 116
156-23 to 123, inclusive, 125 and subsection 2 of section 141 of this act
156-24 become effective on July 1, 2005.
156-25 9. Section 95 of this act becomes effective at 12:01 a.m. on
156-26 July 1, 2005.
156-27 10. Sections 98 and 124 of this act become effective on
156-28 January 1, 2006.
156-29 11. Section 68 of this act becomes effective on July 1, 2007.
156-30 12. Section 126 of this act becomes effective on the date on
156-31 which the provisions of 42 U.S.C. § 666 requiring each state to
156-32 establish procedures under which the state has authority to withhold
156-33 or suspend, or to restrict the use of, professional, occupational and
156-34 recreational licenses of persons who:
156-35 (a) Have failed to comply with a subpoena or warrant relating to
156-36 a procedure to determine the paternity of a child or to establish or
156-37 enforce an obligation for the support of a child; or
156-38 (b) Are in arrears in the payment for the support of one or more
156-39 children,
156-40 are repealed by the Congress of the United States.
157-1 LEADLINES OF REPEALED SECTIONS OF NRS AND
157-2 TEXT OF REPEALED SECTIONS OF STATUTES OF NEVADA
157-3 385.351 Submission of accountability reports; preparation
157-4 of additional report; preparation of procedure to improve
157-5 achievement; inclusion of reports and procedure in final
157-6 budget; maintenance of information by Department.
157-7 385.356 Maintenance of records by Department.
157-8 385.363 Annual evaluation and designation of schools by
157-9 Department; conditions under which Department will not make
157-10 designation.
157-11 385.364 Exemption from designation if insufficient number
157-12 of pupils take examinations; duty of school district.
157-13 385.365 Designations: Demonstrating exemplary, high or
157-14 adequate achievement.
157-15 385.367 Designations: Demonstrating need for
157-16 improvement; ineligibility for certain money for remedial
157-17 programs under certain circumstances.
157-18 385.368 Designations: Demonstrating need for
157-19 improvement if school is exempt from initial designation;
157-20 ineligibility for certain money for remedial programs under
157-21 certain circumstances.
157-22 385.369 Written notice of designations given and reasons
157-23 for nondesignation.
157-24 385.371 Designation as demonstrating need for
157-25 improvement: Preparation and submission of plan by board of
157-26 trustees.
157-27 385.373 Designation as demonstrating need for
157-28 improvement: Academic probation; preparation and
157-29 submission of plan by Department.
157-30 385.375 Designation as demonstrating need for
157-31 improvement: Continuation of academic probation;
157-32 preparation and submission of plan by Department; submission
157-33 of reports by trustees.
157-34 385.378 Designation as demonstrating need for
157-35 improvement: Appointment of panel to supervise academic
157-36 probation of school; waiver from establishment of panel.
157-37 385.381 Powers and duties of panel to supervise academic
157-38 probation; preparation and submission of written report by
157-39 panel; written response by school district; follow-up report by
157-40 board of trustees; duties of Department.
158-1 385.383 Additional duties of panel to supervise academic
158-2 probation if school does not improve achievement.
158-3 385.386 Appointment of administrator to oversee school
158-4 demonstrating need for improvement; powers and duties of
158-5 administrator; reports by trustees after termination of
158-6 administrator.
158-7 389.550 Administration of examinations that measure
158-8 achievement in standards.
158-9 389.560 Reporting of results of examinations; reporting
158-10 and reconciliation of number of pupils taking examinations;
158-11 exemption for certain pupils.
158-12 389.570 Council required to review and evaluate results of
158-13 examinations; report of evaluation.
158-14 Section 38 of chapter 13, Statutes of Nevada 2001 Special
158-15 Session:
158-16 Sec. 38. Commencing in the 2003-2004 school year, the
158-17 high school proficiency examination that, pursuant to NRS
158-18 389.015, pupils must pass to receive a standard high school
158-19 diploma must measure the performance of pupils on the
158-20 standards of content and performance in science established
158-21 by the council to establish academic standards for public
158-22 schools pursuant to NRS 389.520 and adopted by the state
158-23 board of education. The high school proficiency examination
158-24 that measures the performance of pupils in the standards of
158-25 content and performance in science established by the
158-26 council to establish academic standards for public schools
158-27 must first be administered to pupils enrolled in grade 11 in
158-28 the 2003-2004 school year, who must pass the examination
158-29 before the completion of grade 12 to graduate with a
158-30 standard high school diploma in the 2004-2005 school year.
158-31 Pupils who graduate in the 2003-2004 school year are not
158-32 required to pass the examination that measures the
158-33 performance of pupils on the standards in science established
158-34 by the council to establish academic standards for public
158-35 schools, but must pass the examination that is administered
158-36 to pupils in the immediately preceding school year.
158-37 Section 39 of chapter 13, Statutes of Nevada 2001 Special
158-38 Session:
158-39 Sec. 39. Notwithstanding the provisions of NRS
158-40 389.015 to the contrary, the board of trustees of a school
158-41 district and the governing body of a charter school shall, for
158-42 the 2002-2003 school year, administer the norm-referenced
158-43 examinations on reading, mathematics and science that are
159-1 otherwise required to be administered to pupils who are
159-2 enrolled in grade 8 to pupils who are enrolled in grade 7,
159-3 rather than to pupils who are enrolled in grade 8. In addition,
159-4 the results of the examinations administered to pupils
159-5 enrolled in grade 7 must be reported as the results of the
159-6 examinations are otherwise reported pursuant to NRS
159-7 385.347 and 389.017.
159-8 H