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ê2011 Statutes of Nevada, Page 2261ê

 

CHAPTER 379, AB 229

Assembly Bill No. 229–Assemblymen Oceguera, Bobzien, Smith, Horne, Conklin; Anderson, Atkinson, Benitez-Thompson, Brooks, Bustamante Adams, Daly, Dondero Loop, Flores, Kirkpatrick, Mastroluca, Munford, Ohrenschall, Pierce and Segerblom

 

CHAPTER 379

 

[Approved: June 15, 2011]

 

AN ACT relating to education; revising the annual reports of accountability information for public schools; requiring the board of trustees of each school district to establish and implement a program of performance pay and enhanced compensation for the recruitment and retention of licensed teachers and administrators; removing probationary teachers and probationary administrators from the applicability of certain provisions governing certain disciplinary measures by school districts; revising provisions governing the demotion, suspension, dismissal and nonreemployment of certain teachers and administrators; expanding the grounds for immediate dismissal and refusal to reemploy; revising the designations of the overall performance of teachers and administrators required by the policies for evaluations of each school district; authorizing a probationary or postprobationary employee to request an expedited hearing under certain circumstances; revising provisions governing the probationary periods of teachers and administrators and the evaluations of probationary teachers and probationary administrators; revising provisions governing the reduction in the workforce of a school district; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

       Existing law requires the State Board of Education and the board of trustees of each school district to prepare an annual report of accountability information for public schools. (NRS 385.3469, 385.347) Sections 1 and 2 of this bill expand the requirements of the annual reports of accountability to include a reporting of the number and percentages of administrators, teachers and other staff for each elementary school, middle school or junior high school, and high school and for each school district in the State.

       Section 8 of this bill requires the board of trustees of each school district to: (1) establish a program of performance pay and enhanced compensation for the recruitment and retention of licensed teachers and administrators; and (2) implement the program commencing with the 2014-2015 school year.

       Existing law requires that the board of trustees of each school district develop a policy for the evaluation of teachers and administrators pursuant to which an individual teacher or administrator is designated as “satisfactory” or “unsatisfactory.” (NRS 391.3125, 391.3127) Effective July 1, 2013, sections 14 and 16 of this bill revise the policies for evaluations to require the designation of an individual teacher or administrator as “highly effective,” “effective,” “minimally effective” or “ineffective” and provide that the policies must require that certain information on pupil achievement which is maintained by the automated system of accountability information for Nevada account for at least 50 percent of the evaluations.

       Section 9 of this bill provides that if a written evaluation of a probationary teacher or probationary administrator states that the overall performance of the teacher or administrator has been designated as “unsatisfactory”: (1) the evaluation must include a written statement that the contract of the person so evaluated may not be renewed for the next school year and that the employee may request reasonable assistance in correcting the deficiencies identified in the evaluation; and (2) the person must acknowledge in writing that he or she has received and understands the written statement.

 


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ê2011 Statutes of Nevada, Page 2262 (Chapter 379, AB 229)ê

 

be renewed for the next school year and that the employee may request reasonable assistance in correcting the deficiencies identified in the evaluation; and (2) the person must acknowledge in writing that he or she has received and understands the written statement. Section 20 of this bill amends section 9, effective July 1, 2013, when the four types of designations for the evaluations of teachers and administrators will take effect.

       Existing law sets forth certain rights and responsibilities relating to disciplinary measures taken by school districts with respect to probationary and postprobationary teachers and administrators. (NRS 391.311-391.3197) Section 11 of this bill removes probationary teachers and new employees hired as probationary administrators from the applicability of the provisions governing admonition, demotion, suspension, dismissal and nonreemployment.

       Section 12 of this bill revises the grounds for which a teacher may be suspended, dismissed or not reemployed or for which an administrator may be demoted, suspended, dismissed or not reemployed to include gross misconduct.

       Section 13 of this bill provides that a postprobationary teacher who receives an unsatisfactory evaluation must be evaluated three times in the immediately succeeding school year. Effective July 1, 2013, section 14 of this bill provides that a postprobationary teacher who receives an evaluation of “minimally effective” or “ineffective” must be evaluated three times in the immediately succeeding school year.

       Section 17 of this bill expands the grounds for which a licensed employee is subject to immediate dismissal or a refusal to reemploy without first receiving a written admonition to include gross misconduct.

       Section 18 of this bill authorizes a postprobationary employee who receives notice that he or she will be dismissed before completion of the current school year to request an expedited hearing pursuant to the expedited procedures established by the American Arbitration Association.

       Under existing law, a probationary teacher and a probationary administrator serve two 1-year periods as a probationary employee. If the employee receives satisfactory evaluations in the first probationary year, the second probationary year must be waived and the person is entitled to postprobationary employment with the school district. (NRS 391.3197) Section 19 of this bill revises the probationary period from two 1-year periods to three 1-year periods, without a waiver of any of the probationary years. Section 19 also provides that a probationary employee who receives notice that he or she will be dismissed before the completion of the current school year may request an expedited hearing pursuant to the procedures established by the American Arbitration Association or its successor organization.

       Section 19.6 of this bill provides that a board of trustees of a school district that determines a reduction in the existing workforce of the licensed educational personnel in the school district is necessary must not base the decision to lay off a teacher or an administrator solely on the seniority of the teacher or administrator and may consider certain other factors.

       Section 1 of Assembly Bill No. 225 of this session provides that if a postprobationary employee receives an unsatisfactory evaluation on an evaluation conducted pursuant to NRS 391.3125 or 391.3127, as applicable, or any other equivalent evaluation system which designates his or her overall performance as below average for 2 consecutive school years, the employee shall be deemed a probationary employee and serve an additional probationary period. Section 20.5 of this bill amends section 1 of Assembly Bill No. 225 to provide that a postprobationary employee must serve an additional probationary period if he or she receives an evaluation for 2 consecutive school years as: (1) minimally effective; (2) ineffective; (3) minimally effective during 1 year of the 2-year consecutive period and ineffective during the other year of the period; or (4) if evaluated pursuant to any other system of evaluation, any designation which indicates that the overall performance of the employee is below average. Section 23 of this bill provides that section 20.5 becomes effective if, and only if, Assembly Bill No. 225 of this session is enacted by the Legislature and becomes effective.

 


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ê2011 Statutes of Nevada, Page 2263 (Chapter 379, AB 229)ê

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

     Section 1.  NRS 385.3469 is hereby amended to read as follows:

     385.3469  1.  The State Board shall prepare an annual report of accountability that includes, without limitation:

     (a) Information on the achievement of all pupils based upon the results of the examinations administered pursuant to NRS 389.015 and 389.550, reported for each school district, including, without limitation, each charter school in the district, and for this State as a whole.

     (b) Except as otherwise provided in subsection 2, pupil achievement, reported separately by gender and reported separately for the following groups of pupils:

           (1) Pupils who are economically disadvantaged, as defined by the State Board;

           (2) Pupils from major racial and ethnic groups, as defined by the State Board;

           (3) Pupils with disabilities;

           (4) Pupils who are limited English proficient; and

           (5) Pupils who are migratory children, as defined by the State Board.

     (c) A comparison of the achievement of pupils in each group identified in paragraph (b) of subsection 1 of NRS 385.361 with the annual measurable objectives of the State Board.

     (d) The percentage of all pupils who were not tested, reported for each school district, including, without limitation, each charter school in the district, and for this State as a whole.

     (e) Except as otherwise provided in subsection 2, the percentage of pupils who were not tested, reported separately by gender and reported separately for the groups identified in paragraph (b).

     (f) The most recent 3-year trend in the achievement of pupils in each subject area tested and each grade level tested pursuant to NRS 389.015 and 389.550, reported for each school district, including, without limitation, each charter school in the district, and for this State as a whole, which may include information regarding the trend in the achievement of pupils for more than 3 years, if such information is available.

     (g) Information on whether each school district has made adequate yearly progress, including, without limitation, the name of each school district, if any, designated as demonstrating need for improvement pursuant to NRS 385.377 and the number of consecutive years that the school district has carried that designation.

     (h) Information on whether each public school, including, without limitation, each charter school, has made:

           (1) Adequate yearly progress, including, without limitation, the name of each public school, if any, designated as demonstrating need for improvement pursuant to NRS 385.3623 and the number of consecutive years that the school has carried that designation.

           (2) Progress based upon the model adopted by the Department pursuant to NRS 385.3595, if applicable for the grade level of pupils enrolled at the school.

 


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ê2011 Statutes of Nevada, Page 2264 (Chapter 379, AB 229)ê

 

     (i) Information on the results of pupils who participated in the examinations of the National Assessment of Educational Progress required pursuant to NRS 389.012.

     (j) The ratio of pupils to teachers in kindergarten and at each grade level for all elementary schools, reported for each school district, including, without limitation, each charter school in the district, and for this State as a whole, and the average class size for each core academic subject, as set forth in NRS 389.018, for each secondary school, reported for each school district and for this State as a whole.

     (k) The total number of persons employed by each school district in this State, including without limitation, each charter school in the district. Each such person must be reported as either an administrator, a teacher or other staff and must not be reported in more than one category. In addition to the total number of persons employed by each school district in each category, the report must include the number of employees in each of the three categories expressed as a percentage of the total number of persons employed by the school district. As used in this paragraph:

           (1) “Administrator” means a person who spends at least 50 percent of his or her work year supervising other staff or licensed personnel, or both, and who is not classified by the board of trustees of a school district as a professional-technical employee.

           (2) “Other staff” means all persons who are not reported as administrators or teachers, including, without limitation:

                (I) School counselors, school nurses and other employees who spend at least 50 percent of their work year providing emotional support, noninstructional guidance or medical support to pupils;

                (II) Noninstructional support staff, including, without limitation, janitors, school police officers and maintenance staff; and

                (III) Persons classified by the board of trustees of a school district as professional-technical employees, including, without limitation, technical employees and employees on the professional-technical pay scale.

           (3) “Teacher” means a person licensed pursuant to chapter 391 of NRS who is classified by the board of trustees of a school district:

                (I) As a teacher and who spends at least 50 percent of his or her work year providing instruction or discipline to pupils; or

                (II) As instructional support staff, who does not hold a supervisory position and who spends not more than 50 percent of his or her work year providing instruction to pupils. Such instructional support staff includes, without limitation, librarians and persons who provide instructional support.

     (l) For each school district, including, without limitation, each charter school in the district, and for this State as a whole, information on the professional qualifications of teachers employed by the school districts and charter schools, including, without limitation:

           (1) The percentage of teachers who are:

                (I) Providing instruction pursuant to NRS 391.125;

                (II) Providing instruction pursuant to a waiver of the requirements for licensure for the grade level or subject area in which the teachers are employed; or

 


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ê2011 Statutes of Nevada, Page 2265 (Chapter 379, AB 229)ê

 

                (III) Otherwise providing instruction without an endorsement for the subject area in which the teachers are employed;

           (2) The percentage of classes in the core academic subjects, as set forth in NRS 389.018, in this State that are not taught by highly qualified teachers;

           (3) The percentage of classes in the core academic subjects, as set forth in NRS 389.018, in this State that are not taught by highly qualified teachers, in the aggregate and disaggregated by high-poverty compared to low-poverty schools, which for the purposes of this subparagraph means schools in the top quartile of poverty and the bottom quartile of poverty in this State;

           (4) For each middle school, junior high school and high school:

                (I) On and after July 1, 2005, the number of persons employed as substitute teachers for 20 consecutive days or more in the same classroom or assignment, designated as long-term substitute teachers, including the total number of days long-term substitute teachers were employed at each school, identified by grade level and subject area; and

                (II) On and after July 1, 2006, the number of persons employed as substitute teachers for less than 20 consecutive days, designated as short-term substitute teachers, including the total number of days short-term substitute teachers were employed at each school, identified by grade level and subject area; and

           (5) For each elementary school:

                (I) On and after July 1, 2005, the number of persons employed as substitute teachers for 20 consecutive days or more in the same classroom or assignment, designated as long-term substitute teachers, including the total number of days long-term substitute teachers were employed at each school, identified by grade level; and

                (II) On and after July 1, 2006, the number of persons employed as substitute teachers for less than 20 consecutive days, designated as short-term substitute teachers, including the total number of days short-term substitute teachers were employed at each school, identified by grade level.

     [(l)] (m) The total expenditure per pupil for each school district in this State, including, without limitation, each charter school in the district. If this State has a financial analysis program that is designed to track educational expenditures and revenues to individual schools, the State Board shall use that statewide program in complying with this paragraph. If a statewide program is not available, the State Board shall use the Department’s own financial analysis program in complying with this paragraph.

     [(m)] (n) The total statewide expenditure per pupil. If this State has a financial analysis program that is designed to track educational expenditures and revenues to individual schools, the State Board shall use that statewide program in complying with this paragraph. If a statewide program is not available, the State Board shall use the Department’s own financial analysis program in complying with this paragraph.

     [(n)] (o) For all elementary schools, junior high schools and middle schools, the rate of attendance, reported for each school district, including, without limitation, each charter school in the district, and for this State as a whole.

 


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ê2011 Statutes of Nevada, Page 2266 (Chapter 379, AB 229)ê

 

     [(o)] (p) The annual rate of pupils who drop out of school in grade 8 and a separate reporting of the annual rate of pupils who drop out of school in grades 9 to 12, inclusive, reported for each school district, including, without limitation, each charter school in the district, and for this State as a whole. The reporting for pupils in grades 9 to 12, inclusive, excludes pupils who:

           (1) Provide proof to the school district of successful completion of the examinations of general educational development.

           (2) Are enrolled in courses that are approved by the Department as meeting the requirements for an adult standard diploma.

           (3) Withdraw from school to attend another school.

     [(p)] (q) The attendance of teachers who provide instruction, reported for each school district, including, without limitation, each charter school in the district, and for this State as a whole.

     [(q)] (r) Incidents involving weapons or violence, reported for each school district, including, without limitation, each charter school in the district, and for this State as a whole.

     [(r)] (s) Incidents involving the use or possession of alcoholic beverages or controlled substances, reported for each school district, including, without limitation, each charter school in the district, and for this State as a whole.

     [(s)] (t) The suspension and expulsion of pupils required or authorized pursuant to NRS 392.466 and 392.467, reported for each school district, including, without limitation, each charter school in the district, and for this State as a whole.

     [(t)] (u) The number of pupils who are deemed habitual disciplinary problems pursuant to NRS 392.4655, reported for each school district, including, without limitation, each charter school in the district, and for this State as a whole.

     [(u)] (v) The number of pupils in each grade who are retained in the same grade pursuant to NRS 392.033 or 392.125, reported for each school district, including, without limitation, each charter school in the district, and for this State as a whole.

     [(v)] (w) The transiency rate of pupils, reported for each school district, including, without limitation, each charter school in the district, and for this State as a whole. For the purposes of this paragraph, a pupil is not a transient if the pupil is transferred to a different school within the school district as a result of a change in the zone of attendance by the board of trustees of the school district pursuant to NRS 388.040.

     [(w)] (x) Each source of funding for this State to be used for the system of public education.

     [(x)] (y) A compilation of the programs of remedial study purchased in whole or in part with money received from this State that are used in each school district, including, without limitation, each charter school in the district. The compilation must include:

           (1) The amount and sources of money received for programs of remedial study.

           (2) An identification of each program of remedial study, listed by subject area.

 


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ê2011 Statutes of Nevada, Page 2267 (Chapter 379, AB 229)ê

 

     [(y)] (z) The percentage of pupils who graduated from a high school or charter school in the immediately preceding year and enrolled in remedial courses in reading, writing or mathematics at a university, state college or community college within the Nevada System of Higher Education, reported for each school district, including, without limitation, each charter school in the district, and for this State as a whole.

     [(z)] (aa) The technological facilities and equipment available for educational purposes, reported for each school district, including, without limitation, each charter school in the district, and for this State as a whole.

     [(aa)] (bb) For each school district, including, without limitation, each charter school in the district, and for this State as a whole, the number and percentage of pupils who received:

           (1) A standard high school diploma, reported separately for pupils who received the diploma pursuant to:

                (I) Paragraph (a) of subsection 1 of NRS 389.805; and

                (II) Paragraph (b) of subsection 1 of NRS 389.805.

           (2) An adjusted diploma.

           (3) A certificate of attendance.

     [(bb)] (cc) For each school district, including, without limitation, each charter school in the district, and for this State as a whole, the number and percentage of pupils who failed to pass the high school proficiency examination.

     [(cc)] (dd) The number of habitual truants who are reported to a school police officer or local law enforcement agency pursuant to paragraph (a) of subsection 2 of NRS 392.144 and the number of habitual truants who are referred to an advisory board to review school attendance pursuant to paragraph (b) of subsection 2 of NRS 392.144, reported for each school district, including, without limitation, each charter school in the district, and for this State as a whole.

     [(dd)] (ee) Information on the paraprofessionals employed at public schools in this State, including, without limitation, the charter schools in this State. The information must include:

           (1) The number of paraprofessionals employed, reported for each school district, including, without limitation, each charter school in the district, and for this State as a whole; and

           (2) For each school district, including, without limitation, each charter school in the district, and for this State as a whole, the number and percentage of all paraprofessionals who do not satisfy the qualifications set forth in 20 U.S.C. § 6319(c). The reporting requirements of this subparagraph apply to paraprofessionals who are employed in programs supported with Title I money and to paraprofessionals who are not employed in programs supported with Title I money.

     [(ee)] (ff) An identification of appropriations made by the Legislature to improve the academic achievement of pupils and programs approved by the Legislature to improve the academic achievement of pupils.

     [(ff)] (gg) A compilation of the special programs available for pupils at individual schools, listed by school and by school district, including, without limitation, each charter school in the district.

 


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ê2011 Statutes of Nevada, Page 2268 (Chapter 379, AB 229)ê

 

     [(gg)] (hh) For each school district, including, without limitation, each charter school in the district and for this State as a whole, information on pupils enrolled in career and technical education, including, without limitation:

           (1) The number of pupils enrolled in a course of career and technical education;

           (2) The number of pupils who completed a course of career and technical education;

           (3) The average daily attendance of pupils who are enrolled in a program of career and technical education;

           (4) The annual rate of pupils who dropped out of school and were enrolled in a program of career and technical education before dropping out;

           (5) The number and percentage of pupils who completed a program of career and technical education and who received a standard high school diploma, an adjusted diploma or a certificate of attendance; and

           (6) The number and percentage of pupils who completed a program of career and technical education and who did not receive a high school diploma because the pupils failed to pass the high school proficiency examination.

     2.  A separate reporting for a group of pupils must not be made pursuant to this section if the number of pupils in that group is insufficient to yield statistically reliable information or the results would reveal personally identifiable information about an individual pupil. The State Board shall prescribe a mechanism for determining the minimum number of pupils that must be in a group for that group to yield statistically reliable information.

     3.  The annual report of accountability must:

     (a) Comply with 20 U.S.C. § 6311(h)(1) and the regulations adopted pursuant thereto;

     (b) Be prepared in a concise manner; and

     (c) Be presented in an understandable and uniform format and, to the extent practicable, provided in a language that parents can understand.

     4.  On or before September 1 of each year, the State Board shall:

     (a) Provide for public dissemination of the annual report of accountability by posting a copy of the report on the Internet website maintained by the Department; and

     (b) Provide written notice that the report is available on the Internet website maintained by the Department. The written notice must be provided to the:

           (1) Governor;

           (2) Committee;

           (3) Bureau;

           (4) Board of Regents of the University of Nevada;

           (5) Board of trustees of each school district; and

           (6) Governing body of each charter school.

     5.  Upon the request of the Governor, an entity described in paragraph (b) of subsection 4 or a member of the general public, the State Board shall provide a portion or portions of the annual report of accountability.

     6.  As used in this section:

     (a) “Highly qualified” has the meaning ascribed to it in 20 U.S.C. § 7801(23).

 


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ê2011 Statutes of Nevada, Page 2269 (Chapter 379, AB 229)ê

 

     (b) “Paraprofessional” has the meaning ascribed to it in NRS 391.008.

     Sec. 2.  NRS 385.347 is hereby amended to read as follows:

     385.347  1.  The board of trustees of each school district in this State, in cooperation with associations recognized by the State Board as representing licensed educational personnel in the district, shall adopt a program providing for the accountability of the school district to the residents of the district and to the State Board for the quality of the schools and the educational achievement of the pupils in the district, including, without limitation, pupils enrolled in charter schools in the school district. The board of trustees of each school district shall report the information required by subsection 2 for each charter school that is located within the school district, regardless of the sponsor of the charter school. The information for charter schools must be reported separately and must denote the charter schools sponsored by the school district, the charter schools sponsored by the State Board and the charter schools sponsored by a college or university within the Nevada System of Higher Education.

     2.  The board of trustees of each school district shall, on or before August 15 of each year, prepare an annual report of accountability concerning:

     (a) The educational goals and objectives of the school district.

     (b) Pupil achievement for each school in the district and the district as a whole, including, without limitation, each charter school in the district. The board of trustees of the district shall base its report on the results of the examinations administered pursuant to NRS 389.015 and 389.550 and shall compare the results of those examinations for the current school year with those of previous school years. The report must include, for each school in the district, including, without limitation, each charter school in the district, and each grade in which the examinations were administered:

           (1) The number of pupils who took the examinations.

           (2) A record of attendance for the period in which the examinations were administered, including an explanation of any difference in the number of pupils who took the examinations and the number of pupils who are enrolled in the school.

           (3) Except as otherwise provided in this paragraph, pupil achievement, reported separately by gender and reported separately for the following groups of pupils:

                (I) Pupils who are economically disadvantaged, as defined by the State Board;

                (II) Pupils from major racial and ethnic groups, as defined by the State Board;

                (III) Pupils with disabilities;

                (IV) Pupils who are limited English proficient; and

                (V) Pupils who are migratory children, as defined by the State Board.

           (4) A comparison of the achievement of pupils in each group identified in paragraph (b) of subsection 1 of NRS 385.361 with the annual measurable objectives of the State Board.

           (5) The percentage of pupils who were not tested.

 


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ê2011 Statutes of Nevada, Page 2270 (Chapter 379, AB 229)ê

 

           (6) Except as otherwise provided in this paragraph, the percentage of pupils who were not tested, reported separately by gender and reported separately for the groups identified in subparagraph (3).

           (7) The most recent 3-year trend in pupil achievement in each subject area tested and each grade level tested pursuant to NRS 389.015 and 389.550, which may include information regarding the trend in the achievement of pupils for more than 3 years, if such information is available.

           (8) Information that compares the results of pupils in the school district, including, without limitation, pupils enrolled in charter schools in the district, with the results of pupils throughout this State. The information required by this subparagraph must be provided in consultation with the Department to ensure the accuracy of the comparison.

           (9) For each school in the district, including, without limitation, each charter school in the district, information that compares the results of pupils in the school with the results of pupils throughout the school district and throughout this State. The information required by this subparagraph must be provided in consultation with the Department to ensure the accuracy of the comparison.

           (10) Information on whether each school in the district, including, without limitation, each charter school in the district, has made progress based upon the model adopted by the Department pursuant to NRS 385.3595.

Ê A separate reporting for a group of pupils must not be made pursuant to this paragraph if the number of pupils in that group is insufficient to yield statistically reliable information or the results would reveal personally identifiable information about an individual pupil. The State Board shall prescribe the mechanism for determining the minimum number of pupils that must be in a group for that group to yield statistically reliable information.

     (c) The ratio of pupils to teachers in kindergarten and at each grade level for each elementary school in the district and the district as a whole, including, without limitation, each charter school in the district, and the average class size for each core academic subject, as set forth in NRS 389.018, for each secondary school in the district and the district as a whole, including, without limitation, each charter school in the district.

     (d) The total number of persons employed for each elementary school, middle school or junior high school, and high school in the district, including, without limitation, each charter school in the district. Each such person must be reported as either an administrator, a teacher or other staff and must not be reported in more than one category. In addition to the total number of persons employed by each school in each category, the report must include the number of employees in each of the three categories for each school expressed as a percentage of the total number of persons employed by the school. As used in this paragraph:

           (1) “Administrator” means a person who spends at least 50 percent of his or her work year supervising other staff or licensed personnel, or both, and who is not classified by the board of trustees of the school district as a professional-technical employee.

           (2) “Other staff” means all persons who are not reported as administrators or teachers, including, without limitation:

 


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ê2011 Statutes of Nevada, Page 2271 (Chapter 379, AB 229)ê

 

                (I) School counselors, school nurses and other employees who spend at least 50 percent of their work year providing emotional support, noninstructional guidance or medical support to pupils;

                (II) Noninstructional support staff, including, without limitation, janitors, school police officers and maintenance staff; and

                (III) Persons classified by the board of trustees of the school district as professional-technical employees, including, without limitation, technical employees and employees on the professional-technical pay scale.

           (3) “Teacher” means a person licensed pursuant to chapter 391 of NRS who is classified by the board of trustees of the school district:

                (I) As a teacher and who spends at least 50 percent of his or her work year providing instruction or discipline to pupils; or

                (II) As instructional support staff, who does not hold a supervisory position and who spends not more than 50 percent of his or her work year providing instruction to pupils. Such instructional support staff includes, without limitation, librarians and persons who provide instructional support.

     (e) The total number of persons employed by the school district, including without limitation, each charter school in the district. Each such person must be reported as either an administrator, a teacher or other staff and must not be reported in more than one category. In addition to the total number of persons employed by the school district in each category, the report must include the number of employees in each of the three categories expressed as a percentage of the total number of persons employed by the school district. As used in this paragraph, “administrator,” “other staff” and “teacher” have the meanings ascribed to them in paragraph (d).

     (f) Information on the professional qualifications of teachers employed by each school in the district and the district as a whole, including, without limitation, each charter school in the district. The information must include, without limitation:

           (1) The percentage of teachers who are:

                (I) Providing instruction pursuant to NRS 391.125;

                (II) Providing instruction pursuant to a waiver of the requirements for licensure for the grade level or subject area in which the teachers are employed; or

                (III) Otherwise providing instruction without an endorsement for the subject area in which the teachers are employed;

           (2) The percentage of classes in the core academic subjects, as set forth in NRS 389.018, that are not taught by highly qualified teachers;

           (3) The percentage of classes in the core academic subjects, as set forth in NRS 389.018, that are not taught by highly qualified teachers, in the aggregate and disaggregated by high-poverty compared to low-poverty schools, which for the purposes of this subparagraph means schools in the top quartile of poverty and the bottom quartile of poverty in this State;

           (4) For each middle school, junior high school and high school:

                (I) On and after July 1, 2005, the number of persons employed as substitute teachers for 20 consecutive days or more in the same classroom or assignment, designated as long-term substitute teachers, including the total number of days long-term substitute teachers were employed at each school, identified by grade level and subject area; and

 


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                (II) On and after July 1, 2006, the number of persons employed as substitute teachers for less than 20 consecutive days, designated as short-term substitute teachers, including the total number of days short-term substitute teachers were employed at each school, identified by grade level and subject area; and

           (5) For each elementary school:

                (I) On and after July 1, 2005, the number of persons employed as substitute teachers for 20 consecutive days or more in the same classroom or assignment, designated as long-term substitute teachers, including the total number of days long-term substitute teachers were employed at each school, identified by grade level; and

                (II) On and after July 1, 2006, the number of persons employed as substitute teachers for less than 20 consecutive days, designated as short-term substitute teachers, including the total number of days short-term substitute teachers were employed at each school, identified by grade level.

     [(e)] (g) The total expenditure per pupil for each school in the district and the district as a whole, including, without limitation, each charter school in the district. If this State has a financial analysis program that is designed to track educational expenditures and revenues to individual schools, each school district shall use that statewide program in complying with this paragraph. If a statewide program is not available, each school district shall use its own financial analysis program in complying with this paragraph.

     [(f)] (h) The curriculum used by the school district, including:

           (1) Any special programs for pupils at an individual school; and

           (2) The curriculum used by each charter school in the district.

     [(g)] (i) Records of the attendance and truancy of pupils in all grades, including, without limitation:

           (1) The average daily attendance of pupils, for each school in the district and the district as a whole, including, without limitation, each charter school in the district.

           (2) For each elementary school, middle school and junior high school in the district, including, without limitation, each charter school in the district that provides instruction to pupils enrolled in a grade level other than high school, information that compares the attendance of the pupils enrolled in the school with the attendance of pupils throughout the district and throughout this State. The information required by this subparagraph must be provided in consultation with the Department to ensure the accuracy of the comparison.

     [(h)] (j) The annual rate of pupils who drop out of school in grade 8 and a separate reporting of the annual rate of pupils who drop out of school in grades 9 to 12, inclusive, for each such grade, for each school in the district and for the district as a whole. The reporting for pupils in grades 9 to 12, inclusive, excludes pupils who:

           (1) Provide proof to the school district of successful completion of the examinations of general educational development.

           (2) Are enrolled in courses that are approved by the Department as meeting the requirements for an adult standard diploma.

           (3) Withdraw from school to attend another school.

 


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     [(i)] (k) Records of attendance of teachers who provide instruction, for each school in the district and the district as a whole, including, without limitation, each charter school in the district.

     [(j)] (l) Efforts made by the school district and by each school in the district, including, without limitation, each charter school in the district, to increase:

           (1) Communication with the parents of pupils in the district; and

           (2) The participation of parents in the educational process and activities relating to the school district and each school, including, without limitation, the existence of parent organizations and school advisory committees.

     [(k)] (m) Records of incidents involving weapons or violence for each school in the district, including, without limitation, each charter school in the district.

     [(l)] (n) Records of incidents involving the use or possession of alcoholic beverages or controlled substances for each school in the district, including, without limitation, each charter school in the district.

     [(m)] (o) Records of the suspension and expulsion of pupils required or authorized pursuant to NRS 392.466 and 392.467.

     [(n)] (p) The number of pupils who are deemed habitual disciplinary problems pursuant to NRS 392.4655, for each school in the district and the district as a whole, including, without limitation, each charter school in the district.

     [(o)] (q) The number of pupils in each grade who are retained in the same grade pursuant to NRS 392.033 or 392.125, for each school in the district and the district as a whole, including, without limitation, each charter school in the district.

     [(p)] (r) The transiency rate of pupils for each school in the district and the district as a whole, including, without limitation, each charter school in the district. For the purposes of this paragraph, a pupil is not transient if the pupil is transferred to a different school within the school district as a result of a change in the zone of attendance by the board of trustees of the school district pursuant to NRS 388.040.

     [(q)] (s) Each source of funding for the school district.

     [(r)] (t) A compilation of the programs of remedial study that are purchased in whole or in part with money received from this State, for each school in the district and the district as a whole, including, without limitation, each charter school sponsored by the district. The compilation must include:

           (1) The amount and sources of money received for programs of remedial study for each school in the district and the district as a whole, including, without limitation, each charter school in the district.

           (2) An identification of each program of remedial study, listed by subject area.

     [(s)] (u) For each high school in the district, including, without limitation, each charter school in the district, the percentage of pupils who graduated from that high school or charter school in the immediately preceding year and enrolled in remedial courses in reading, writing or mathematics at a university, state college or community college within the Nevada System of Higher Education.

 


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     [(t)] (v) The technological facilities and equipment available at each school, including, without limitation, each charter school, and the district’s plan to incorporate educational technology at each school.

     [(u)] (w) For each school in the district and the district as a whole, including, without limitation, each charter school in the district, the number and percentage of pupils who received:

           (1) A standard high school diploma, reported separately for pupils who received the diploma pursuant to:

                (I) Paragraph (a) of subsection 1 of NRS 389.805; and

                (II) Paragraph (b) of subsection 1 of NRS 389.805.

           (2) An adjusted diploma.

           (3) A certificate of attendance.

     [(v)] (x) For each school in the district and the district as a whole, including, without limitation, each charter school in the district, the number and percentage of pupils who failed to pass the high school proficiency examination.

     [(w)] (y) The number of habitual truants who are reported to a school police officer or law enforcement agency pursuant to paragraph (a) of subsection 2 of NRS 392.144 and the number of habitual truants who are referred to an advisory board to review school attendance pursuant to paragraph (b) of subsection 2 of NRS 392.144, for each school in the district and for the district as a whole.

     [(x)] (z) The amount and sources of money received for the training and professional development of teachers and other educational personnel for each school in the district and for the district as a whole, including, without limitation, each charter school in the district.

     [(y)] (aa) Whether the school district has made adequate yearly progress. If the school district has been designated as demonstrating need for improvement pursuant to NRS 385.377, the report must include a statement indicating the number of consecutive years the school district has carried that designation.

     [(z)] (bb) Information on whether each public school in the district, including, without limitation, each charter school in the district, has made adequate yearly progress, including, without limitation:

           (1) The number and percentage of schools in the district, if any, that have been designated as needing improvement pursuant to NRS 385.3623; and

           (2) The name of each school, if any, in the district that has been designated as needing improvement pursuant to NRS 385.3623 and the number of consecutive years that the school has carried that designation.

     [(aa)] (cc) Information on the paraprofessionals employed by each public school in the district, including, without limitation, each charter school in the district. The information must include:

           (1) The number of paraprofessionals employed at the school; and

           (2) The number and percentage of all paraprofessionals who do not satisfy the qualifications set forth in 20 U.S.C. § 6319(c). The reporting requirements of this subparagraph apply to paraprofessionals who are employed in positions supported with Title I money and to paraprofessionals who are not employed in positions supported with Title I money.

 


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     [(bb)] (dd) For each high school in the district, including, without limitation, each charter school that operates as a high school, information that provides a comparison of the rate of graduation of pupils enrolled in the high school with the rate of graduation of pupils throughout the district and throughout this State. The information required by this paragraph must be provided in consultation with the Department to ensure the accuracy of the comparison.

     [(cc)] (ee) An identification of the appropriations made by the Legislature that are available to the school district or the schools within the district and programs approved by the Legislature to improve the academic achievement of pupils.

     [(dd)] (ff) For each school in the district and the district as a whole, including, without limitation, each charter school in the district, information on pupils enrolled in career and technical education, including, without limitation:

           (1) The number of pupils enrolled in a course of career and technical education;

           (2) The number of pupils who completed a course of career and technical education;

           (3) The average daily attendance of pupils who are enrolled in a program of career and technical education;

           (4) The annual rate of pupils who dropped out of school and were enrolled in a program of career and technical education before dropping out;

           (5) The number and percentage of pupils who completed a program of career and technical education and who received a standard high school diploma, an adjusted diploma or a certificate of attendance; and

           (6) The number and percentage of pupils who completed a program of career and technical education and who did not receive a high school diploma because the pupils failed to pass the high school proficiency examination.

     [(ee)] (gg) Such other information as is directed by the Superintendent of Public Instruction.

     3.  The records of attendance maintained by a school for purposes of paragraph [(i)] (k) of subsection 2 must include the number of teachers who are in attendance at school and the number of teachers who are absent from school. A teacher shall be deemed in attendance if the teacher is excused from being present in the classroom by the school in which the teacher is employed for one of the following reasons:

     (a) Acquisition of knowledge or skills relating to the professional development of the teacher; or

     (b) Assignment of the teacher to perform duties for cocurricular or extracurricular activities of pupils.

     4.  The annual report of accountability prepared pursuant to subsection 2 must:

     (a) Comply with 20 U.S.C. § 6311(h)(2) and the regulations adopted pursuant thereto; and

     (b) Be presented in an understandable and uniform format and, to the extent practicable, provided in a language that parents can understand.

 


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     5.  The Superintendent of Public Instruction shall:

     (a) Prescribe forms for the reports required pursuant to subsection 2 and provide the forms to the respective school districts.

     (b) Provide statistical information and technical assistance to the school districts to ensure that the reports provide comparable information with respect to each school in each district and among the districts throughout this State.

     (c) Consult with a representative of the:

           (1) Nevada State Education Association;

           (2) Nevada Association of School Boards;

           (3) Nevada Association of School Administrators;

           (4) Nevada Parent Teacher Association;

           (5) Budget Division of the Department of Administration; and

           (6) Legislative Counsel Bureau,

Ê concerning the program and consider any advice or recommendations submitted by the representatives with respect to the program.

     6.  The Superintendent of Public Instruction may consult with representatives of parent groups other than the Nevada Parent Teacher Association concerning the program and consider any advice or recommendations submitted by the representatives with respect to the program.

     7.  On or before August 15 of each year, the board of trustees of each school district shall submit to each advisory board to review school attendance created in the county pursuant to NRS 392.126 the information required in paragraph [(g)] (i) of subsection 2.

     8.  On or before August 15 of each year, the board of trustees of each school district shall:

     (a) Provide written notice that the report required pursuant to subsection 2 is available on the Internet website maintained by the school district, if any, or otherwise provide written notice of the availability of the report. The written notice must be provided to the:

           (1) Governor;

           (2) State Board;

           (3) Department;

           (4) Committee; and

           (5) Bureau.

     (b) Provide for public dissemination of the annual report of accountability prepared pursuant to subsection 2 in the manner set forth in 20 U.S.C. § 6311(h)(2)(E) by posting a copy of the report on the Internet website maintained by the school district, if any. If a school district does not maintain a website, the district shall otherwise provide for public dissemination of the annual report by providing a copy of the report to the schools in the school district, including, without limitation, each charter school in the district, the residents of the district, and the parents and guardians of pupils enrolled in schools in the district, including, without limitation, each charter school in the district.

     9.  Upon the request of the Governor, an entity described in paragraph (a) of subsection 8 or a member of the general public, the board of trustees of a school district shall provide a portion or portions of the report required pursuant to subsection 2.

 


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     10.  As used in this section:

     (a) “Highly qualified” has the meaning ascribed to it in 20 U.S.C. § 7801(23).

     (b) “Paraprofessional” has the meaning ascribed to it in NRS 391.008.

     Sec. 3.  NRS 385.36129 is hereby amended to read as follows:

     385.36129  1.  In addition to the duties prescribed in NRS 385.36127, a support team established for a school shall prepare an annual written report that includes:

     (a) Information concerning the most recent plan to improve the achievement of the school’s pupils, the turnaround plan for the school or the plan for restructuring the school, whichever is applicable for the school, including, without limitation, an evaluation of:

           (1) The appropriateness of the plan for the school; and

           (2) Whether the school has achieved the goals and objectives set forth in the plan;

     (b) The written revisions to the plan to improve the achievement of the school’s pupils or written recommendations for revisions to the turnaround plan for the school or the plan for restructuring the school, whichever is applicable for the school, submitted by the support team pursuant to NRS 385.36127;

     (c) A summary of each program for remediation, if any, purchased for the school with money that is available from the Federal Government, this state and the school district in which the school is located, including, without limitation:

           (1) The name of the program;

           (2) The date on which the program was purchased and the date on which the program was carried out by the school;

           (3) The percentage of personnel at the school who were trained regarding the use of the program;

           (4) The satisfaction of the personnel at the school with the program; and

           (5) An evaluation of whether the program has improved the academic achievement of the pupils enrolled in the school who participated in the program;

     (d) An analysis of the problems and factors at the school which contributed to the designation of the school as demonstrating need for improvement, including, without limitation, issues relating to:

           (1) The financial resources of the school;

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

           (3) The curriculum of the school;

           (4) The facilities available at the school, including the availability and accessibility of educational technology; and

           (5) Any other factors that the support team believes contributed to the designation of the school as demonstrating need for improvement; and

     (e) Other information concerning the school, including, without limitation:

           (1) The results of the pupils who are enrolled in the school on the examinations that are administered pursuant to NRS 389.550 or the high school proficiency examination, as applicable;

 


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           (2) Records of the attendance and truancy of pupils who are enrolled in the school;

           (3) The transiency rate of pupils who are enrolled in the school;

           (4) A description of the number of years that each teacher has provided instruction at the school and the rate of turnover of teachers and other educational personnel employed at the school;

           (5) A description of the participation of parents and legal guardians in the educational process and other activities relating to the school;

           (6) A description of each source of money for the remediation of pupils who are enrolled in the school; and

           (7) A description of the disciplinary problems of the pupils who are enrolled in the school, including, without limitation, the information contained in paragraphs [(k) to (n),] (m) to (p), inclusive, of subsection 2 of NRS 385.347.

     2.  On or before November 1, the support team shall submit a copy of the final written report to the:

     (a) Principal of the school;

     (b) Board of trustees of the school district in which the school is located;

     (c) Superintendent of schools of the school district in which the school is located;

     (d) Department; and

     (e) Bureau.

Ê The support team shall make the written report available, upon request, to each parent or legal guardian of a pupil who is enrolled in the school.

     Sec. 4.  NRS 385.620 is hereby amended to read as follows:

     385.620  The Advisory Council shall:

     1.  Review the policy of parental involvement adopted by the State Board and the policy of parental involvement adopted by the board of trustees of each school district pursuant to NRS 392.457;

     2.  Review the information relating to communication with and participation of parents that is included in the annual report of accountability for each school district pursuant to paragraph [(j)] (l) of subsection 2 of NRS 385.347;

     3.  Review any effective practices carried out in individual school districts to increase parental involvement and determine the feasibility of carrying out those practices on a statewide basis;

     4.  Review any effective practices carried out in other states to increase parental involvement and determine the feasibility of carrying out those practices in this State;

     5.  Identify methods to communicate effectively and provide outreach to parents and legal guardians of pupils who have limited time to become involved in the education of their children for various reasons, including, without limitation, work schedules, single-parent homes and other family obligations;

     6.  Identify the manner in which the level of parental involvement affects the performance, attendance and discipline of pupils;

     7.  Identify methods to communicate effectively with and provide outreach to parents and legal guardians of pupils who are limited English proficient;

 


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     8.  Determine the necessity for the appointment of a statewide parental involvement coordinator or a parental involvement coordinator in each school district, or both;

     9.  On or before July 1 of each year, submit a report to the Legislative Committee on Education describing the activities of the Advisory Council and any recommendations for legislation; and

     10.  On or before February 1 of each odd-numbered year, submit a report to the Director of the Legislative Counsel Bureau for transmission to the next regular session of the Legislature describing the activities of the Advisory Council and any recommendations for legislation.

     Sec. 5.  NRS 386.520 is hereby amended to read as follows:

     386.520  1.  A committee to form a charter school must consist of at least three teachers, as defined in subsection 4. In addition to the teachers who serve, the committee may consist of:

     (a) Members of the general public;

     (b) Representatives of nonprofit organizations and businesses; or

     (c) Representatives of a college or university within the Nevada System of Higher Education.

Ê A majority of the persons described in paragraphs (a), (b) and (c) who serve on the committee must be residents of this State at the time that the application to form the charter school is submitted to the Department.

     2.  Before a committee to form a charter school may submit an application to the board of trustees of a school district, the Subcommittee on Charter Schools, the State Board or a college or university within the Nevada System of Higher Education, it must submit the application to the Department. The application must include all information prescribed by the Department by regulation and:

     (a) A written description of how the charter school will carry out the provisions of NRS 386.500 to 386.610, inclusive.

     (b) A written description of the mission and goals for the charter school. A charter school must have as its stated purpose at least one of the following goals:

           (1) Improving the opportunities for pupils to learn;

           (2) Encouraging the use of effective methods of teaching;

           (3) Providing an accurate measurement of the educational achievement of pupils;

           (4) Establishing accountability of public schools;

           (5) Providing a method for public schools to measure achievement based upon the performance of the schools; or

           (6) Creating new professional opportunities for teachers.

     (c) The projected enrollment of pupils in the charter school.

     (d) The proposed dates of enrollment for the charter school.

     (e) The proposed system of governance for the charter school, including, without limitation, the number of persons who will govern, the method of selecting the persons who will govern and the term of office for each person.

     (f) The method by which disputes will be resolved between the governing body of the charter school and the sponsor of the charter school.

     (g) The proposed curriculum for the charter school and, if applicable to the grade level of pupils who are enrolled in the charter school, the requirements for the pupils to receive a high school diploma, including, without limitation, whether those pupils will satisfy the requirements of the school district in which the charter school is located for receipt of a high school diploma.

 


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without limitation, whether those pupils will satisfy the requirements of the school district in which the charter school is located for receipt of a high school diploma.

     (h) The textbooks that will be used at the charter school.

     (i) The qualifications of the persons who will provide instruction at the charter school.

     (j) Except as otherwise required by NRS 386.595, the process by which the governing body of the charter school will negotiate employment contracts with the employees of the charter school.

     (k) A financial plan for the operation of the charter school. The plan must include, without limitation, procedures for the audit of the programs and finances of the charter school and guidelines for determining the financial liability if the charter school is unsuccessful.

     (l) A statement of whether the charter school will provide for the transportation of pupils to and from the charter school. If the charter school will provide transportation, the application must include the proposed plan for the transportation of pupils. If the charter school will not provide transportation, the application must include a statement that the charter school will work with the parents and guardians of pupils enrolled in the charter school to develop a plan for transportation to ensure that pupils have access to transportation to and from the charter school.

     (m) The procedure for the evaluation of teachers of the charter school, if different from the procedure prescribed in NRS 391.3125 [.] and section 9 of this act. If the procedure is different from the procedure prescribed in NRS 391.3125 [,] and section 9 of this act, the procedure for the evaluation of teachers of the charter school must provide the same level of protection and otherwise comply with the standards for evaluation set forth in NRS 391.3125 [.] and section 9 of this act.

     (n) The time by which certain academic or educational results will be achieved.

     (o) The kind of school, as defined in subsections 1 to 4, inclusive, of NRS 388.020, for which the charter school intends to operate.

     (p) A statement of whether the charter school will enroll pupils who are in a particular category of at-risk pupils before enrolling other children who are eligible to attend the charter school pursuant to NRS 386.580 and the method for determining eligibility for enrollment in each such category of at-risk pupils served by the charter school.

     3.  The Department shall review an application to form a charter school to determine whether it is complete. If an application proposes to convert an existing public school, homeschool or other program of home study into a charter school, the Department shall deny the application. The Department shall provide written notice to the applicant of its approval or denial of the application. If the Department denies an application, the Department shall include in the written notice the reason for the denial and the deficiencies in the application. The applicant must be granted 30 days after receipt of the written notice to correct any deficiencies identified in the written notice and resubmit the application.

     4.  As used in subsection 1, “teacher” means a person who:

     (a) Holds a current license to teach issued pursuant to chapter 391 of NRS; and

 


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     (b) Has at least 2 years of experience as an employed teacher.

Ê The term does not include a person who is employed as a substitute teacher.

     Sec. 6.  NRS 388.795 is hereby amended to read as follows:

     388.795  1.  The Commission shall establish a plan for the use of educational technology in the public schools of this State. In preparing the plan, the Commission shall consider:

     (a) Plans that have been adopted by the Department and the school districts in this State;

     (b) Plans that have been adopted in other states;

     (c) The information reported pursuant to paragraph [(t)] (v) of subsection 2 of NRS 385.347;

     (d) The results of the assessment of needs conducted pursuant to subsection 6; and

     (e) Any other information that the Commission or the Committee deems relevant to the preparation of the plan.

     2.  The plan established by the Commission must include recommendations for methods to:

     (a) Incorporate educational technology into the public schools of this State;

     (b) Increase the number of pupils in the public schools of this State who have access to educational technology;

     (c) Increase the availability of educational technology to assist licensed teachers and other educational personnel in complying with the requirements of continuing education, including, without limitation, the receipt of credit for college courses completed through the use of educational technology;

     (d) Facilitate the exchange of ideas to improve the achievement of pupils who are enrolled in the public schools of this State; and

     (e) Address the needs of teachers in incorporating the use of educational technology in the classroom, including, without limitation, the completion of training that is sufficient to enable the teachers to instruct pupils in the use of educational technology.

     3.  The Department shall provide:

     (a) Administrative support;

     (b) Equipment; and

     (c) Office space,

Ê as is necessary for the Commission to carry out the provisions of this section.

     4.  The following entities shall cooperate with the Commission in carrying out the provisions of this section:

     (a) The State Board.

     (b) The board of trustees of each school district.

     (c) The superintendent of schools of each school district.

     (d) The Department.

     5.  The Commission shall:

     (a) Develop technical standards for educational technology and any electrical or structural appurtenances necessary thereto, including, without limitation, uniform specifications for computer hardware and wiring, to ensure that such technology is compatible, uniform and can be interconnected throughout the public schools of this State.

 


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     (b) Allocate money to the school districts from the Trust Fund for Educational Technology created pursuant to NRS 388.800 and any money appropriated by the Legislature for educational technology, subject to any priorities for such allocation established by the Legislature.

     (c) Establish criteria for the board of trustees of a school district that receives an allocation of money from the Commission to:

           (1) Repair, replace and maintain computer systems.

           (2) Upgrade and improve computer hardware and software and other educational technology.

           (3) Provide training, installation and technical support related to the use of educational technology within the district.

     (d) Submit to the Governor, the Committee and the Department its plan for the use of educational technology in the public schools of this State and any recommendations for legislation.

     (e) Review the plan annually and make revisions as it deems necessary or as directed by the Committee or the Department.

     (f) In addition to the recommendations set forth in the plan pursuant to subsection 2, make further recommendations to the Committee and the Department as the Commission deems necessary.

     6.  During the spring semester of each even-numbered school year, the Commission shall conduct an assessment of the needs of each school district relating to educational technology. In conducting the assessment, the Commission shall consider:

     (a) The recommendations set forth in the plan pursuant to subsection 2;

     (b) The plan for educational technology of each school district, if applicable;

     (c) Evaluations of educational technology conducted for the State or for a school district, if applicable; and

     (d) Any other information deemed relevant by the Commission.

Ê The Commission shall submit a final written report of the assessment to the Superintendent of Public Instruction on or before April 1 of each even-numbered year.

     7.  The Superintendent of Public Instruction shall prepare a written compilation of the results of the assessment conducted by the Commission and transmit the written compilation on or before June 1 of each even-numbered year to the Legislative Committee on Education and to the Director of the Legislative Counsel Bureau for transmission to the next regular session of the Legislature.

     8.  The Commission may appoint an advisory committee composed of members of the Commission or other qualified persons to provide recommendations to the Commission regarding standards for the establishment, coordination and use of a telecommunications network in the public schools throughout the various school districts in this State. The advisory committee serves at the pleasure of the Commission and without compensation unless an appropriation or other money for that purpose is provided by the Legislature.

     9.  As used in this section, “public school” includes the Caliente Youth Center, the Nevada Youth Training Center and any other state facility for the detention of children that is operated pursuant to title 5 of NRS.

 


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     Sec. 7.  Chapter 391 of NRS is hereby amended by adding thereto the provisions set forth as sections 8 and 9 of this act.

     Sec. 8.  1.  The board of trustees of each school district shall:

     (a) Establish a program of performance pay and enhanced compensation for the recruitment and retention of licensed teachers and administrators which must be negotiated pursuant to chapter 288 of NRS; and

     (b) Commencing with the 2014-2015 school year, implement the program established pursuant to paragraph (a).

     2.  The program of performance pay and enhanced compensation established by a school district pursuant to subsection 1 must have as its primary focus the improvement in the academic achievement of pupils and must give appropriate consideration to implementation in at-risk schools. In addition, the program may include, without limitation, the following components:

     (a) Career leadership advancement options to maximize the retention of teachers in the classroom and the retention of administrators;

     (b) Professional development;

     (c) Group incentives; and

     (d) Multiple assessments of individual teachers and administrators, with primary emphasis on individual pupil improvement and growth in academic achievement, including, without limitation, portfolios of instruction, leadership and professional growth, and other appropriate measures of teacher and administrator performance which must be considered.

     Sec. 9.  1.  If a written evaluation of a probationary teacher or probationary administrator designates the overall performance of the teacher or administrator as “unsatisfactory”:

     (a) The written evaluation must include the following statement: “Please be advised that, pursuant to Nevada law, your contract may not be renewed for the next school year. If you receive two evaluations for this school year which designate your performance as ‘unsatisfactory,’ and if you have another evaluation remaining this school year, you may request that the evaluation be conducted by another administrator. You may also request, to the administrator who conducted the evaluation, reasonable assistance in correcting the deficiencies reported in the evaluation for which you request assistance, and upon such request, a reasonable effort will be made to assist you in correcting those deficiencies.”

     (b) The probationary teacher or probationary administrator, as applicable, must acknowledge in writing that he or she has received and understands the statement described in paragraph (a).

     2.  If a probationary teacher or probationary administrator requests that his or her next evaluation be conducted by another administrator in accordance with the notice required by subsection 1, the administrator conducting the evaluation must be:

     (a) Employed by the school district or, if the school district has five or fewer administrators, employed by another school district in this State; and

     (b) Selected by the probationary teacher or probationary administrator, as applicable, from a list of three candidates submitted by the superintendent.

 


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     3.  If a probationary teacher or probationary administrator requests assistance in correcting deficiencies reported in his or her evaluation, the administrator who conducted the evaluation shall ensure that a reasonable effort is made to assist the probationary teacher or probationary administrator in correcting those deficiencies.

     Sec. 10.  NRS 391.311 is hereby amended to read as follows:

     391.311  As used in NRS 391.311 to 391.3197, inclusive, and section 9 of this act, unless the context otherwise requires:

     1.  “Administrator” means any employee who holds a license as an administrator and who is employed in that capacity by a school district.

     2.  “Board” means the board of trustees of the school district in which a licensed employee affected by NRS 391.311 to 391.3197, inclusive, and section 9 of this act is employed.

     3.  “Demotion” means demotion of an administrator to a position of lesser rank, responsibility or pay and does not include transfer or reassignment for purposes of an administrative reorganization.

     4.  “Immorality” means:

     (a) An act forbidden by NRS 200.366, 200.368, 200.400, 200.508, 201.180, 201.190, 201.210, 201.220, 201.230, 201.265, 201.540, 201.560, 207.260, 453.316 to 453.336, inclusive, 453.337, 453.338, 453.3385 to 453.3405, inclusive, 453.560 or 453.562; or

     (b) An act forbidden by NRS 201.540 or any other sexual conduct or attempted sexual conduct with a pupil enrolled in an elementary or secondary school. As used in this paragraph, “sexual conduct” has the meaning ascribed to it in NRS 201.520.

     5.  “Postprobationary employee” means an administrator or a teacher who has completed the probationary period as provided in NRS 391.3197 and has been given notice of reemployment.

     6.  “Probationary employee” means an administrator or a teacher who is employed for the period set forth in NRS 391.3197.

     7.  “Superintendent” means the superintendent of a school district or a person designated by the board or superintendent to act as superintendent during the absence of the superintendent.

     8.  “Teacher” means a licensed employee the majority of whose working time is devoted to the rendering of direct educational service to pupils of a school district.

     Sec. 11.  NRS 391.3115 is hereby amended to read as follows:

     391.3115  1.  The demotion, suspension, dismissal and nonreemployment provisions of NRS 391.311 to 391.3197, inclusive, and section 9 of this act do not apply to:

     (a) Substitute teachers; or

     (b) Adult education teachers.

     2.  The admonition, demotion, suspension, dismissal and nonreemployment provisions of NRS 391.311 to 391.3194, inclusive, do not apply to:

     (a) A probationary teacher. The policy for evaluations prescribed in NRS 391.3125 and section 9 of this act applies to a probationary teacher.

     (b) A new employee who is employed as a probationary administrator. The policy for evaluations prescribed in NRS 391.3127 and section 9 of this act applies to a probationary administrator.

 


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     3.  The admonition, demotion and suspension provisions of NRS 391.311 to 391.3194, inclusive, do not apply to a postprobationary teacher who is employed as a probationary administrator with respect to his or her employment in the administrative position. The policy for evaluations prescribed in NRS 391.3127 and section 9 of this act applies to a probationary administrator.

     4.  The provisions of NRS 391.311 to 391.3194, inclusive, and section 9 of this act do not apply to a teacher whose employment is suspended or terminated pursuant to subsection 3 of NRS 391.120 or NRS 391.3015 for failure to maintain a license in force.

     [3.] 5.  A licensed employee who is employed in a position fully funded by a federal or private categorical grant or to replace another licensed employee during that employee’s leave of absence is employed only for the duration of the grant or leave. Such a licensed employee and licensed employees who are employed on temporary contracts for 90 school days or less, or its equivalent in a school district operating under an alternative schedule authorized pursuant to NRS 388.090, to replace licensed employees whose employment has terminated after the beginning of the school year are entitled to credit for that time in fulfilling any period of probation and during that time the provisions of NRS 391.311 to 391.3197, inclusive, and section 9 of this act for demotion, suspension or dismissal apply to them.

     Sec. 12.  NRS 391.312 is hereby amended to read as follows:

     391.312  1.  A teacher may be suspended, dismissed or not reemployed and an administrator may be demoted, suspended, dismissed or not reemployed for the following reasons:

     (a) Inefficiency;

     (b) Immorality;

     (c) Unprofessional conduct;

     (d) Insubordination;

     (e) Neglect of duty;

     (f) Physical or mental incapacity;

     (g) A justifiable decrease in the number of positions due to decreased enrollment or district reorganization;

     (h) Conviction of a felony or of a crime involving moral turpitude;

     (i) Inadequate performance;

     (j) Evident unfitness for service;

     (k) Failure to comply with such reasonable requirements as a board may prescribe;

     (l) Failure to show normal improvement and evidence of professional training and growth;

     (m) Advocating overthrow of the Government of the United States or of the State of Nevada by force, violence or other unlawful means, or the advocating or teaching of communism with the intent to indoctrinate pupils to subscribe to communistic philosophy;

     (n) Any cause which constitutes grounds for the revocation of a teacher’s license;

     (o) Willful neglect or failure to observe and carry out the requirements of this title;

     (p) Dishonesty;

 


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     (q) Breaches in the security or confidentiality of the questions and answers of the achievement and proficiency examinations that are administered pursuant to NRS 389.015;

     (r) Intentional failure to observe and carry out the requirements of a plan to ensure the security of examinations adopted pursuant to NRS 389.616 or 389.620; [or]

     (s) An intentional violation of NRS 388.5265 or 388.527 [.] ; or

     (t) Gross misconduct.

     2.  In determining whether the professional performance of a licensed employee is inadequate, consideration must be given to the regular and special evaluation reports prepared in accordance with the policy of the employing school district and to any written standards of performance which may have been adopted by the board.

     3.  As used in this section, “gross misconduct” includes any act or omission that is in wanton, willful, reckless or deliberate disregard of the interests of a school or school district or a pupil thereof.

     Sec. 13.  NRS 391.3125 is hereby amended to read as follows:

     391.3125  1.  It is the intent of the Legislature that a uniform system be developed for objective evaluation of teachers and other licensed personnel in each school district.

     2.  Each board, following consultation with and involvement of elected representatives of the teachers or their designees, shall develop a policy for objective evaluations in narrative form. The policy must set forth a means according to which an employee’s overall performance may be determined to be satisfactory or unsatisfactory. The policy may include an evaluation by the teacher, pupils, administrators or other teachers or any combination thereof. In a similar manner, counselors, librarians and other licensed personnel must be evaluated on forms developed specifically for their respective specialties. A copy of the policy adopted by the board must be filed with the Department. The primary purpose of an evaluation is to provide a format for constructive assistance. Evaluations, while not the sole criterion, must be used in the dismissal process.

     3.  A conference and a written evaluation for a probationary employee must be concluded not later than:

     (a) December 1;

     (b) February 1; and

     (c) April 1,

Ê of each school year of the probationary period, except that a probationary employee assigned to a school that operates all year must be evaluated at least three times during each 12 months of employment on a schedule determined by the board. An administrator charged with the evaluation of a probationary teacher shall personally observe the performance of the teacher in the classroom for not less than a cumulative total of 60 minutes during each evaluation period, with at least one observation during that 60-minute evaluation period consisting of at least 45 consecutive minutes.

     4.  [Whenever an administrator charged with the evaluation of a probationary employee believes the employee will not be reemployed for the second year of the probationary period or the school year following the probationary period, the administrator shall bring the matter to the employee’s attention in a written document which is separate from the evaluation not later than March 1 of the current school year.

 


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employee’s attention in a written document which is separate from the evaluation not later than March 1 of the current school year. The notice must include the reasons for the potential decision not to reemploy or refer to the evaluation in which the reasons are stated. Such a notice is not required if the probationary employee has received a letter of admonition during the current school year.

     5.  Each] Except as otherwise provided in this subsection, each postprobationary teacher must be evaluated at least once each year. If a postprobationary teacher receives an unsatisfactory evaluation, the postprobationary teacher must be evaluated three times in the immediately succeeding school year. An administrator charged with the evaluation of a postprobationary teacher shall personally observe the performance of the teacher in the classroom for not less than a cumulative total of 60 minutes during each evaluation period, with at least one observation during that 60-minute evaluation period consisting of at least 30 consecutive minutes.

     [6.] If a postprobationary teacher is evaluated three times in a school year and he or she receives an unsatisfactory evaluation on the first or second evaluation, or both evaluations, the postprobationary teacher may request that the third evaluation be conducted by another administrator. If a postprobationary teacher requests that his or her third evaluation be conducted by another administrator, that administrator must be:

     (a) Employed by the school district or, if the school district has five or fewer administrators, employed by another school district in this State; and

     (b) Selected by the postprobationary teacher from a list of three candidates submitted by the superintendent.

     5.  The evaluation of a probationary teacher or a postprobationary teacher must include, without limitation:

     (a) An evaluation of the classroom management skills of the teacher;

     (b) A review of the lesson plans and the work log or grade book of pupils prepared by the teacher;

     (c) An evaluation of whether the curriculum taught by the teacher is aligned with the standards of content and performance established pursuant to NRS 389.520, as applicable for the grade level taught by the teacher;

     (d) An evaluation of whether the teacher is appropriately addressing the needs of the pupils in the classroom, including, without limitation, special educational needs, cultural and ethnic diversity, the needs of pupils enrolled in advanced courses of study and the needs of pupils who are limited English proficient;

     (e) If necessary, recommendations for improvements in the performance of the teacher;

     (f) A description of the action that will be taken to assist the teacher in correcting any deficiencies reported in the evaluation; and

     (g) A statement by the administrator who evaluated the teacher indicating the amount of time that the administrator personally observed the performance of the teacher in the classroom.

     [7.] 6.  The teacher must receive a copy of each evaluation not later than 15 days after the evaluation. A copy of the evaluation and the teacher’s response must be permanently attached to the teacher’s personnel file. Upon the request of a teacher, a reasonable effort must be made to assist the teacher to correct those deficiencies reported in the evaluation of the teacher for which the teacher requests assistance.

 


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     Sec. 14.  NRS 391.3125 is hereby amended to read as follows:

     391.3125  1.  It is the intent of the Legislature that a uniform system be developed for objective evaluation of teachers and other licensed personnel in each school district.

     2.  Each board, following consultation with and involvement of elected representatives of the teachers or their designees, shall develop a policy for objective evaluations in narrative form. The policy must set forth a means according to which an employee’s overall performance [may be] is determined to be [satisfactory or unsatisfactory.] highly effective, effective, minimally effective or ineffective. The policy must require that the information maintained pursuant to paragraphs (c), (d) and (e) of subsection 1 of NRS 386.650 account for at least 50 percent of the evaluation. The policy may include an evaluation by the teacher, pupils, administrators or other teachers or any combination thereof. In a similar manner, counselors, librarians and other licensed personnel must be evaluated on forms developed specifically for their respective specialties. A copy of the policy adopted by the board must be filed with the Department. The primary purpose of an evaluation is to provide a format for constructive assistance. Evaluations, while not the sole criterion, must be used in the dismissal process.

     3.  A conference and a written evaluation for a probationary employee must be concluded not later than:

     (a) December 1;

     (b) February 1; and

     (c) April 1,

Ê of each school year of the probationary period, except that a probationary employee assigned to a school that operates all year must be evaluated at least three times during each 12 months of employment on a schedule determined by the board. An administrator charged with the evaluation of a probationary teacher shall personally observe the performance of the teacher in the classroom for not less than a cumulative total of 60 minutes during each evaluation period, with at least one observation during that 60-minute evaluation period consisting of at least 45 consecutive minutes.

     4.  Except as otherwise provided in this subsection, each postprobationary teacher must be evaluated at least once each year. If a postprobationary teacher receives an [unsatisfactory] evaluation [,] designating his or her overall performance as minimally effective or ineffective, the postprobationary teacher must be evaluated three times in the immediately succeeding school year. An administrator charged with the evaluation of a postprobationary teacher shall personally observe the performance of the teacher in the classroom for not less than a cumulative total of 60 minutes during each evaluation period, with at least one observation during that 60-minute evaluation period consisting of at least 30 consecutive minutes. If a postprobationary teacher is evaluated three times in a school year and he or she receives an [unsatisfactory] evaluation designating his or her overall performance as minimally effective or ineffective on the first or second evaluation, or both evaluations, the postprobationary teacher may request that the third evaluation be conducted by another administrator. If a postprobationary teacher requests that his or her third evaluation be conducted by another administrator, that administrator must be:

 


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     (a) Employed by the school district or, if the school district has five or fewer administrators, employed by another school district in this State; and

     (b) Selected by the postprobationary teacher from a list of three candidates submitted by the superintendent.

     5.  The evaluation of a probationary teacher or a postprobationary teacher must include, without limitation:

     (a) An evaluation of the classroom management skills of the teacher;

     (b) A review of the lesson plans and the work log or grade book of pupils prepared by the teacher;

     (c) An evaluation of whether the curriculum taught by the teacher is aligned with the standards of content and performance established pursuant to NRS 389.520, as applicable for the grade level taught by the teacher;

     (d) An evaluation of whether the teacher is appropriately addressing the needs of the pupils in the classroom, including, without limitation, special educational needs, cultural and ethnic diversity, the needs of pupils enrolled in advanced courses of study and the needs of pupils who are limited English proficient;

     (e) If necessary, recommendations for improvements in the performance of the teacher;

     (f) A description of the action that will be taken to assist the teacher in correcting any deficiencies reported in the evaluation; and

     (g) A statement by the administrator who evaluated the teacher indicating the amount of time that the administrator personally observed the performance of the teacher in the classroom.

     6.  The teacher must receive a copy of each evaluation not later than 15 days after the evaluation. A copy of the evaluation and the teacher’s response must be permanently attached to the teacher’s personnel file. Upon the request of a teacher, a reasonable effort must be made to assist the teacher to correct those deficiencies reported in the evaluation of the teacher for which the teacher requests assistance.

     Sec. 15.  NRS 391.3127 is hereby amended to read as follows:

     391.3127  1.  Each board, following consultation with and involvement of elected representatives of administrative personnel or their designated representatives, shall develop an objective policy for the objective evaluation of administrators in narrative form. The policy must set forth a means according to which an administrator’s overall performance may be determined to be satisfactory or unsatisfactory. The policy may include an evaluation by the administrator, superintendent, pupils or other administrators or any combination thereof. A copy of the policy adopted by the board must be filed with the Department and made available to the Commission.

     2.  Each administrator must be evaluated in writing at least once a year.

     3.  Each probationary administrator is subject to the provisions of NRS 391.3197 and section 9 of this act.

     4.  Before a superintendent transfers or assigns an administrator to another administrative position as part of an administrative reorganization, if the transfer or reassignment is to a position of lower rank, responsibility or pay, the superintendent shall give written notice of the proposed transfer or assignment to the administrator at least 30 days before the date on which it is to be effective. The administrator may appeal the decision of the superintendent to the board by requesting a hearing in writing to the president of the board within 5 days after receiving the notice from the superintendent.

 


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president of the board within 5 days after receiving the notice from the superintendent. The board shall hear the matter within 10 days after the president receives the request, and shall render its decision within 5 days after the hearing. The decision of the board is final.

     Sec. 16.  NRS 391.3127 is hereby amended to read as follows:

     391.3127  1.  Each board, following consultation with and involvement of elected representatives of administrative personnel or their designated representatives, shall develop an objective policy for the objective evaluation of administrators in narrative form. The policy must set forth a means according to which an administrator’s overall performance [may be] is determined to be [satisfactory or unsatisfactory.] highly effective, effective, minimally effective or ineffective. The policy must require that the information maintained pursuant to paragraphs (c), (d) and (e) of subsection 1 of NRS 386.650 account for at least 50 percent of the evaluation. The policy may include an evaluation by the administrator, superintendent, pupils or other administrators or any combination thereof. A copy of the policy adopted by the board must be filed with the Department and made available to the Commission.

     2.  Each administrator must be evaluated in writing at least once a year.

     3.  Each probationary administrator is subject to the provisions of NRS 391.3197 and section 9 of this act.

     4.  Before a superintendent transfers or assigns an administrator to another administrative position as part of an administrative reorganization, if the transfer or reassignment is to a position of lower rank, responsibility or pay, the superintendent shall give written notice of the proposed transfer or assignment to the administrator at least 30 days before the date on which it is to be effective. The administrator may appeal the decision of the superintendent to the board by requesting a hearing in writing to the president of the board within 5 days after receiving the notice from the superintendent. The board shall hear the matter within 10 days after the president receives the request, and shall render its decision within 5 days after the hearing. The decision of the board is final.

     Sec. 17.  NRS 391.313 is hereby amended to read as follows:

     391.313  1.  Whenever an administrator charged with supervision of a licensed employee believes it is necessary to admonish the employee for a reason that the administrator believes may lead to demotion or dismissal or may cause the employee not to be reemployed under the provisions of NRS 391.312, the administrator shall:

     (a) Except as otherwise provided in subsection 3, bring the matter to the attention of the employee involved, in writing, stating the reasons for the admonition and that it may lead to the employee’s demotion, dismissal or a refusal to reemploy him or her, and make a reasonable effort to assist the employee to correct whatever appears to be the cause for the employee’s potential demotion, dismissal or a potential recommendation not to reemploy him or her; and

     (b) Except as otherwise provided in NRS 391.314, allow reasonable time for improvement, which must not exceed 3 months for the first admonition.

Ê The admonition must include a description of the deficiencies of the teacher and the action that is necessary to correct those deficiencies.

 


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     2.  An admonition issued to a licensed employee who, within the time granted for improvement, has met the standards set for the employee by the administrator who issued the admonition must be removed from the records of the employee together with all notations and indications of its having been issued. The admonition must be removed from the records of the employee not later than 3 years after it is issued.

     3.  An administrator need not admonish an employee pursuant to paragraph (a) of subsection 1 if his or her employment will be terminated pursuant to NRS 391.3197. [If by March 1 of the first or second year of the employee’s probationary period a probationary employee does not receive a written notice pursuant to subsection 4 of NRS 391.3125 of a potential decision not to reemploy him or her, the employee must receive an admonition before any such decision is made.]

     4.  A licensed employee is subject to immediate dismissal or a refusal to reemploy according to the procedures provided in NRS 391.311 to 391.3197, inclusive, and section 9 of this act without the admonition required by this section, on grounds contained in paragraphs (b), (f), (g), (h) , [and] (p) and (t) of subsection 1 of NRS 391.312.

     Sec. 18.  NRS 391.317 is hereby amended to read as follows:

     391.317  1.  At least 15 days before recommending to a board that it demote, dismiss or not reemploy a postprobationary employee, [or dismiss or demote a probationary employee,] the superintendent shall give written notice to the employee, by registered or certified mail, of the superintendent’s intention to make the recommendation.

     2.  The notice must:

     (a) Inform the licensed employee of the grounds for the recommendation.

     (b) Inform the employee that, if a written request therefor is directed to the superintendent within 10 days after receipt of the notice, the employee is entitled to a hearing before a hearing officer [.] pursuant to NRS 391.315 to 391.3194, inclusive, or if a dismissal of the employee will occur before the completion of the current school year, the employee may request an expedited hearing pursuant to subsection 3.

     (c) Refer to chapter 391 of NRS.

     3.  If a postprobationary employee receives notice pursuant to subsection 1 that he or she will be dismissed before the completion of the current school year, the employee may request an expedited hearing pursuant to the Expedited Labor Arbitration Procedures established by the American Arbitration Association or its successor organization. If the employee elects to proceed under the expedited procedures, the provisions of NRS 391.3161, 391.3192 and 391.3193 do not apply.

     Sec. 19.  NRS 391.3197 is hereby amended to read as follows:

     391.3197  1.  A probationary employee is employed on a contract basis for [two] three 1-year periods and has no right to employment after [either] any of the [two] three probationary contract years.

     2.  The board shall notify each probationary employee in writing on or before May 1 of the first , [and] second and third school years of the employee’s probationary period, as appropriate, whether the employee is to be reemployed for the second or third year of the probationary period or for the [next] fourth school year as a postprobationary employee. Failure of the board to notify the probationary employee in writing on or before May 1 in the first or second year of the probationary period does not entitle the employee to postprobationary status.

 


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board to notify the probationary employee in writing on or before May 1 in the first or second year of the probationary period does not entitle the employee to postprobationary status. The employee must advise the board in writing on or before May 10 of the first , [or] second or third year of the employee’s probationary period, as appropriate, of the employee’s acceptance of reemployment. If a probationary employee is assigned to a school that operates all year, the board shall notify the employee in writing, in [both] the first , [and] second and third years of the employee’s probationary period, no later than 45 days before his or her last day of work for the year under his or her contract whether the employee is to be reemployed for the second or third year of the probationary period or for the [next] fourth school year as a postprobationary employee. Failure of the board to notify a probationary employee in writing within the prescribed period in the first or second year of the probationary period does not entitle the employee to postprobationary status. The employee must advise the board in writing within 10 days after the date of notification of his or her acceptance or rejection of reemployment for another year. Failure to advise the board of the employee’s acceptance of reemployment pursuant to this subsection constitutes rejection of the contract.

     3.  A probationary employee who [completes] :

     (a) Completes a [2-year] 3-year probationary period [and receives] ;

     (b) Receives a designation of “satisfactory” on each of his or her performance evaluations for 2 consecutive school years; and

     (c) Receives a notice of reemployment from the school district in the [second] third year of the employee’s probationary period ,

Ê is entitled to be a postprobationary employee in the ensuing year of employment.

     4.  [If a probationary employee receives notice pursuant to subsection 4 of NRS 391.3125 not later than March 1 of a potential decision not to reemploy him or her, the employee may request a supplemental evaluation by another administrator in the school district selected by the employee and the superintendent. If a school district has five or fewer administrators, the supplemental evaluator may be an administrator from another school district in this State. If a probationary employee has received during the first school year of the employee’s probationary period three evaluations which state that the employee’s overall performance has been satisfactory, the superintendent of schools of the school district or the superintendent’s designee shall waive the second year of the employee’s probationary period by expressly providing in writing on the final evaluation of the employee for the first probationary year that the second year of the employee’s probationary period is waived. Such an employee is entitled to be a postprobationary employee in the ensuing year of employment.

     5.]  If a probationary employee is notified that the employee will not be reemployed for the [second year of the employee’s probationary period or the ensuing] school year [,] following the 3-year probationary period, his or her employment ends on the last day of the current school year. The notice that the employee will not be reemployed must include a statement of the reasons for that decision.

     [6.] 5.  A new employee who is employed as an administrator or a postprobationary teacher who is employed as an administrator shall be deemed to be a probationary employee for the purposes of this section and must serve a [2-year] 3-year probationary period as an administrator in accordance with the provisions of this section.

 


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accordance with the provisions of this section. [If the administrator does not receive an unsatisfactory evaluation during the first year of probation, the superintendent or the superintendent’s designee shall waive the second year of the administrator’s probationary period. Such an administrator is entitled to be a postprobationary employee in the ensuing year of employment.] If:

     (a) A postprobationary teacher who is an administrator is not reemployed as an administrator after [either] any year of his or her probationary period; and

     (b) There is a position as a teacher available for the ensuing school year in the school district in which the person is employed,

Ê the board of trustees of the school district shall, on or before May 1, offer the person a contract as a teacher for the ensuing school year. The person may accept the contract in writing on or before May 10. If the person fails to accept the contract as a teacher, the person shall be deemed to have rejected the offer of a contract as a teacher.

     [7.] 6.  An administrator who has completed his or her probationary period pursuant to subsection [6] 5 and is thereafter promoted to the position of principal must serve an additional probationary period of 1 year in the position of principal. If an administrator is promoted to the position of principal before completion of his or her probationary period pursuant to subsection 5, the administrator must serve the remainder of his or her probationary period pursuant to subsection 5 or an additional probationary period of 1 year in the position of principal, whichever is longer. If the administrator serving the additional probationary period is not reemployed as a principal after the expiration of the probationary period or additional probationary period, as applicable, the board of trustees of the school district in which the person is employed shall, on or before May 1, offer the person a contract for the ensuing school year for the administrative position in which the person attained postprobationary status. The person may accept the contract in writing on or before May 10. If the person fails to accept such a contract, the person shall be deemed to have rejected the offer of employment.

     [8.  Before dismissal, the probationary employee is entitled to a hearing before a hearing officer which affords due process as set out in NRS 391.311 to 391.3196, inclusive.]

     7.  If a probationary employee receives notice that he or she will be dismissed before the completion of the current school year, the probationary employee may request an expedited hearing pursuant to the Expedited Labor Arbitration Procedures established by the American Arbitration Association or its successor organization.

     Sec. 19.5.  NRS 391.3197 is hereby amended to read as follows:

     391.3197  1.  A probationary employee is employed on a contract basis for three 1-year periods and has no right to employment after any of the three probationary contract years.

     2.  The board shall notify each probationary employee in writing on or before May 1 of the first, second and third school years of the employee’s probationary period, as appropriate, whether the employee is to be reemployed for the second or third year of the probationary period or for the fourth school year as a postprobationary employee. Failure of the board to notify the probationary employee in writing on or before May 1 in the first or second year of the probationary period does not entitle the employee to postprobationary status. The employee must advise the board in writing on or before May 10 of the first, second or third year of the employee’s probationary period, as appropriate, of the employee’s acceptance of reemployment.

 


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ê2011 Statutes of Nevada, Page 2294 (Chapter 379, AB 229)ê

 

before May 10 of the first, second or third year of the employee’s probationary period, as appropriate, of the employee’s acceptance of reemployment. If a probationary employee is assigned to a school that operates all year, the board shall notify the employee in writing, in the first, second and third years of the employee’s probationary period, no later than 45 days before his or her last day of work for the year under his or her contract whether the employee is to be reemployed for the second or third year of the probationary period or for the fourth school year as a postprobationary employee. Failure of the board to notify a probationary employee in writing within the prescribed period in the first or second year of the probationary period does not entitle the employee to postprobationary status. The employee must advise the board in writing within 10 days after the date of notification of his or her acceptance or rejection of reemployment for another year. Failure to advise the board of the employee’s acceptance of reemployment pursuant to this subsection constitutes rejection of the contract.

     3.  A probationary employee who:

     (a) Completes a 3-year probationary period;

     (b) Receives a designation of [“satisfactory”] “highly effective” or “effective” on each of his or her performance evaluations for 2 consecutive school years; and

     (c) Receives a notice of reemployment from the school district in the third year of the employee’s probationary period,

Ê is entitled to be a postprobationary employee in the ensuing year of employment.

     4.  If a probationary employee is notified that the employee will not be reemployed for the school year following the 3-year probationary period, his or her employment ends on the last day of the current school year. The notice that the employee will not be reemployed must include a statement of the reasons for that decision.

     5.  A new employee who is employed as an administrator or a postprobationary teacher who is employed as an administrator shall be deemed to be a probationary employee for the purposes of this section and must serve a 3-year probationary period as an administrator in accordance with the provisions of this section. If:

     (a) A postprobationary teacher who is an administrator is not reemployed as an administrator after any year of his or her probationary period; and

     (b) There is a position as a teacher available for the ensuing school year in the school district in which the person is employed,

Ê the board of trustees of the school district shall, on or before May 1, offer the person a contract as a teacher for the ensuing school year. The person may accept the contract in writing on or before May 10. If the person fails to accept the contract as a teacher, the person shall be deemed to have rejected the offer of a contract as a teacher.

     6.  An administrator who has completed his or her probationary period pursuant to subsection 5 and is thereafter promoted to the position of principal must serve an additional probationary period of 1 year in the position of principal. If an administrator is promoted to the position of principal before the completion of his or her probationary period pursuant to subsection 5, the administrator must serve the remainder of his or her probationary period pursuant to subsection 5 or an additional probationary period of 1 year in the position of principal, whichever is longer. If the administrator serving the additional probationary period is not reemployed as a principal after the expiration of the probationary period or additional probationary period, as applicable, the board of trustees of the school district in which the person is employed shall, on or before May 1, offer the person a contract for the ensuing school year for the administrative position in which the person attained postprobationary status.

 


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ê2011 Statutes of Nevada, Page 2295 (Chapter 379, AB 229)ê

 

administrator serving the additional probationary period is not reemployed as a principal after the expiration of the probationary period or additional probationary period, as applicable, the board of trustees of the school district in which the person is employed shall, on or before May 1, offer the person a contract for the ensuing school year for the administrative position in which the person attained postprobationary status. The person may accept the contract in writing on or before May 10. If the person fails to accept such a contract, the person shall be deemed to have rejected the offer of employment.

     7.  If a probationary employee receives notice that he or she will be dismissed before the completion of the current school year, the employee may request an expedited hearing pursuant to the Expedited Labor Arbitration Procedures established by the American Arbitration Association or its successor organization.

     Sec. 19.6.  Chapter 288 of NRS is hereby amended by adding thereto a new section to read as follows:

     If the board of trustees of a school district determines that a reduction in the existing workforce of the licensed educational personnel in the school district is necessary, the decision to lay off a teacher or an administrator must not be based solely on the seniority of the teacher or administrator and may include, without limitation, a consideration of the following factors:

     1.  Whether the teacher or administrator is employed in a position which is hard to fill;

     2.  Whether the teacher or administrator has received a national board certification;

     3.  The performance evaluations of the teacher or administrator;

     4.  The disciplinary record of the teacher or administrator within the school district;

     5.  The criminal record of the teacher or administrator, if any;

     6.  The type of licensure held by the teacher or administrator; and

     7.  The type of degree attained by the teacher or administrator and whether the degree is in a subject area that is related to his or her position.

     Sec. 19.7.  NRS 288.150 is hereby amended to read as follows:

     288.150  1.  Except as provided in subsection 4, every local government employer shall negotiate in good faith through one or more representatives of its own choosing concerning the mandatory subjects of bargaining set forth in subsection 2 with the designated representatives of the recognized employee organization, if any, for each appropriate bargaining unit among its employees. If either party so requests, agreements reached must be reduced to writing.

     2.  The scope of mandatory bargaining is limited to:

     (a) Salary or wage rates or other forms of direct monetary compensation.

     (b) Sick leave.

     (c) Vacation leave.

     (d) Holidays.

     (e) Other paid or nonpaid leaves of absence.

     (f) Insurance benefits.

     (g) Total hours of work required of an employee on each workday or workweek.

     (h) Total number of days’ work required of an employee in a work year.

     (i) Discharge and disciplinary procedures.

 


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     (j) Recognition clause.

     (k) The method used to classify employees in the bargaining unit.

     (l) Deduction of dues for the recognized employee organization.

     (m) Protection of employees in the bargaining unit from discrimination because of participation in recognized employee organizations consistent with the provisions of this chapter.

     (n) No-strike provisions consistent with the provisions of this chapter.

     (o) Grievance and arbitration procedures for resolution of disputes relating to interpretation or application of collective bargaining agreements.

     (p) General savings clauses.

     (q) Duration of collective bargaining agreements.

     (r) Safety of the employee.

     (s) Teacher preparation time.

     (t) Materials and supplies for classrooms.

     (u) The policies for the transfer and reassignment of teachers.

     (v) Procedures for reduction in workforce [.] consistent with the provisions of this chapter.

     3.  Those subject matters which are not within the scope of mandatory bargaining and which are reserved to the local government employer without negotiation include:

     (a) Except as otherwise provided in paragraph (u) of subsection 2, the right to hire, direct, assign or transfer an employee, but excluding the right to assign or transfer an employee as a form of discipline.

     (b) The right to reduce in force or lay off any employee because of lack of work or lack of money, subject to paragraph (v) of subsection 2.

     (c) The right to determine:

           (1) Appropriate staffing levels and work performance standards, except for safety considerations;

           (2) The content of the workday, including without limitation workload factors, except for safety considerations;

           (3) The quality and quantity of services to be offered to the public; and

           (4) The means and methods of offering those services.

     (d) Safety of the public.

     4.  Notwithstanding the provisions of any collective bargaining agreement negotiated pursuant to this chapter, a local government employer is entitled to take whatever actions may be necessary to carry out its responsibilities in situations of emergency such as a riot, military action, natural disaster or civil disorder. Those actions may include the suspension of any collective bargaining agreement for the duration of the emergency. Any action taken under the provisions of this subsection must not be construed as a failure to negotiate in good faith.

     5.  The provisions of this chapter, including without limitation the provisions of this section, recognize and declare the ultimate right and responsibility of the local government employer to manage its operation in the most efficient manner consistent with the best interests of all its citizens, its taxpayers and its employees.

     6.  This section does not preclude, but this chapter does not require the local government employer to negotiate subject matters enumerated in subsection 3 which are outside the scope of mandatory bargaining. The local government employer shall discuss subject matters outside the scope of mandatory bargaining but it is not required to negotiate those matters.

 


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ê2011 Statutes of Nevada, Page 2297 (Chapter 379, AB 229)ê

 

     7.  Contract provisions presently existing in signed and ratified agreements as of May 15, 1975, at 12 p.m. remain negotiable.

     Sec. 19.8.  NRS 288.195 is hereby amended to read as follows:

     288.195  Whenever an employee organization enters into negotiations with a local government employer, pursuant to NRS 288.140 to 288.220, inclusive, and section 19.6 of this act, such employee organization may be represented by an attorney licensed to practice law in the State of Nevada.

     Sec. 20.  Section 9 of this act is hereby amended to read as follows:

      Sec. 9.  1.  If a written evaluation of a probationary teacher or probationary administrator designates the overall performance of the teacher or administrator as [“unsatisfactory”:] “minimally effective” or “ineffective”:

      (a) The written evaluation must include the following statement: “Please be advised that, pursuant to Nevada law, your contract may not be renewed for the next school year. If you receive two evaluations for this school year which designate your performance as [‘unsatisfactory,’] ‘minimally effective’ or ‘ineffective,’ and if you have another evaluation remaining this school year, you may request that the evaluation be conducted by another administrator. You may also request, to the administrator who conducted the evaluation, reasonable assistance in correcting the deficiencies reported in the evaluation for which you request assistance, and upon such request, a reasonable effort will be made to assist you in correcting those deficiencies.”

      (b) The probationary teacher or probationary administrator, as applicable, must acknowledge in writing that he or she has received and understands the statement described in paragraph (a).

      2.  If a probationary teacher or probationary administrator requests that his or her next evaluation be conducted by another administrator in accordance with the notice required by subsection 1, the administrator conducting the evaluation must be:

      (a) Employed by the school district or, if the school district has five or fewer administrators, employed by another school district in this State; and

      (b) Selected by the probationary teacher or probationary administrator, as applicable, from a list of three candidates submitted by the superintendent.

      3.  If a probationary teacher or probationary administrator requests assistance in correcting deficiencies reported in his or her evaluation, the administrator who conducted the evaluation shall ensure that a reasonable effort is made to assist the probationary teacher or probationary administrator in correcting those deficiencies.

     Sec. 20.5.  Section 1 of Assembly Bill No. 225 of this session is hereby amended to read as follows:

      Section 1.  Chapter 391 of NRS is hereby amended by adding thereto a new section to read as follows:

      A postprobationary employee who receives an [unsatisfactory evaluation pursuant to NRS 391.3125 or 391.3127, as applicable, or any other equivalent] evaluation designating his or her overall performance as [below average,] :

      1.  If evaluated pursuant to NRS 391.3125 or 391.3127, as applicable:

 


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ê2011 Statutes of Nevada, Page 2298 (Chapter 379, AB 229)ê

 

      (a) Minimally effective;

      (b) Ineffective; or

      (c) Minimally effective during 1 year of the 2-year consecutive period and ineffective during the other year of the period; or

      2.  If evaluated pursuant to any other system of evaluation, any designation which indicates that the overall performance of the employee is below average,

Ê for 2 consecutive school years shall be deemed to be a probationary employee for the purposes of NRS 391.311 to 391.3197, inclusive, and section 9 of Assembly Bill No. 229 of this session, and must serve an additional probationary period in accordance with the provisions of NRS 391.3197.

     Sec. 21.  The provisions of section 9 of this act, NRS 391.311 to 391.3125, inclusive, as amended by sections 10 to 13, inclusive, of this act, NRS 391.3127, as amended by section 15 of this act, NRS 391.313, as amended by section 17 of this act, NRS 391.317, as amended by section 18 of this act, and NRS 391.3197, as amended by section 19 of this act, apply to all:

     1.  Teachers who are initially employed by a school district on or after July 1, 2011.

     2.  A new employee who is hired by a school district as an administrator on or after July 1, 2011.

     3.  A postprobationary teacher who is employed as an administrator on or after July 1, 2011.

     Sec. 22.  The board of trustees of each school district shall:

     1.  Commencing with the 2013-2104 school year, implement and carry out the policies for evaluations of teachers and administrators required by NRS 391.3125, as amended by section 14 of this act, NRS 391.3127, as amended by section 16 of this act, NRS 391.3197, as amended by section 19.5 of this act, and section 20 of this act.

     2.  Commencing with the 2013-2014 school year, implement and carry out section 20.5 of this act if, and only if, Assembly Bill No. 225 of this session is enacted by the Legislature and becomes effective.

     3.  Commencing with the 2014-2015 school year, implement and carry out the program of performance pay and enhanced compensation established by the board of trustees pursuant to section 8 of this act.

     Sec. 23.  1.  This section and sections 1 to 7, inclusive, 9 to 13, inclusive, 15, 17, 18, 19, 19.6, 19.7, 19.8, 21 and 22 of this act become effective on July 1, 2011.

     2.  Sections 8, 14, 16, 19.5 and 20 of this act become effective on July 1, 2013.

     3.  Section 20.5 of this act becomes effective on July 1, 2013, if, and only if, Assembly Bill No. 225 of this session is enacted by the Legislature and becomes effective.

________

 


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ê2011 Statutes of Nevada, Page 2299ê

 

CHAPTER 380, SB 197

Senate Bill No. 197–Committee on Education

 

CHAPTER 380

 

[Approved: June 15, 2011]

 

AN ACT relating to education; removing provisions creating a 10-member elected State Board of Education; providing for the election and appointment of members to the State Board; revising the qualifications and duties of the Superintendent of Public Instruction; revising the components of the statewide plan to improve the academic achievement of pupils; revising provisions governing the regional training programs for the professional development of teachers and administrators; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

       Existing law establishes the Department of Education which consists of the State Board of Education, the State Board for Career and Technical Education and the Superintendent of Public Instruction. (NRS 385.010) Sections 6 and 55 of this bill remove the provisions creating the 10-member elected State Board of Education and provides for the election and appointment of members whose terms will commence on January 8, 2013.

       Existing law creates the Commission on Educational Excellence, the Advisory Council on Parental Involvement, the Commission on Educational Technology, the Council to Establish Academic Standards for Public Schools, the Commission on Professional Standards in Education, the regional training programs for the professional development of teachers and administrators and the Statewide Council for the Coordination of the Regional Training Programs. (NRS 385.3784, 385.610, 388.790, 389.510, 391.011, 391.512, 391.516) Sections 3.3, 3.5, 20, 27.5, 38.3 and 38.5 of this bill provide that the Superintendent of Public Instruction is responsible for ensuring that the duties and responsibilities of those commissions, councils and programs are carried out by the commissions, councils and programs successfully.

       Under existing law, the Superintendent of Public Instruction is appointed by the State Board to a term of 3 years. (NRS 385.150) Section 8.5 of this bill provides for the appointment of the Superintendent by the Governor from a list of candidates submitted by the State Board. Section 8.5 further provides that the Superintendent serves at the pleasure of the Governor and is in the Executive Department of State Government.

       Sections 9-11 of this bill revise the qualifications and duties of the Superintendent of Public Instruction to: (1) require the Superintendent to possess the knowledge and ability to carry out the duties of the position; (2) provide that the Superintendent is the educational leader for the system of K-12 public education in this State; (3) require the Superintendent to enforce the observations of statutes and regulations governing K-12 public education; and (4) request a plan of corrective action if the Superintendent determines that a school district or charter school has not complied with those statutes and regulations.

       Section 12 of this bill revises the plan to improve the academic achievement of pupils enrolled in public schools, to require the State Board, in developing the plan, to establish clearly defined goals and benchmarks for improving the achievement of pupils and prescribes those goals and benchmarks.

       Section 37 of this bill requires the Commission on Professional Standards in Education to submit an annual report to the State Board and the Legislative Committee on Education describing the status of the regulations adopted by the Commission and a work plan designating the proposed activities of the Commission during the next year.

 


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ê2011 Statutes of Nevada, Page 2300 (Chapter 380, SB 197)ê

 

       Existing law creates three regional training programs for the professional development of teachers and administrators and designates each of the 17 county school districts within the jurisdiction of one of the regional training programs. (NRS 391.512) Section 47.5 of this bill removes the Churchill County School District from the jurisdiction of the Northeastern Nevada Regional Training Program, for which the Elko County School District serves as the fiscal agent, and places that School District within the jurisdiction of the Northwestern Nevada Regional Training Program, for which the Washoe County School District serves as the fiscal agent. Section 58.7 of this bill requires the Elko County School District to transfer from the Northeastern Nevada Regional Training Program to the Washoe County School District for the Northwestern Nevada Regional Training Program an appropriate sum of money to reflect the addition of the Churchill County School District to the Northwestern Nevada Regional Training Program. Section 38.7 of this bill requires the governing body of each regional training program for the professional development of teachers and administrators to establish an evaluation system for the teachers and other licensed educational personnel who participate in the program and prescribes the requirements of that evaluation system.

       Section 23 of Assembly Bill No. 579 of this session provides for the funding of the regional training programs through the three school districts that serve as fiscal agents for the regional training programs. Section 53.5 of this bill repeals section 23 of Assembly Bill No. 579. Section 54.5 of this bill instead requires the Department of Education to transfer those sums to: (1) the three school districts that serve as fiscal agents for the regional training programs for the continued provision of professional development through their respective regional training programs; and (2) the Clark County School District and the Washoe County School District for the purchase of professional development for the teachers and administrators employed by those School Districts, which may include the purchase of professional development through the regional training program. Section 54.5 also requires the Clark County School District and the Washoe County School District to provide written notice to the regional training program on or before August 1, 2011, for the 2011-2012 Fiscal Year, and March 1, 2012, for the 2012-2013 Fiscal Year if the School District will purchase professional development through the regional training program.

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

     Section 1.  Chapter 385 of NRS is hereby amended by adding thereto the provisions set forth as sections 3.3 and 3.5 of this act.

     Secs. 2 and 3.  (Deleted by amendment.)

     Sec. 3.3.  The Superintendent of Public Instruction is responsible for ensuring that the duties and responsibilities of the Commission set forth in NRS 385.3781 to 385.379, inclusive, are carried out by the Commission successfully.

     Sec. 3.5.  The Superintendent of Public Instruction is responsible for ensuring that the duties and responsibilities of the Advisory Council set forth in NRS 385.600, 385.610 and 385.620 are carried out by the Advisory Council successfully.

     Secs. 4 and 5.  (Deleted by amendment.)

     Sec. 6.  NRS 385.021 is hereby amended to read as follows:

     385.021  1.  The State Board is hereby created. The State Board consists of [10 members] the following voting members:

 


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ê2011 Statutes of Nevada, Page 2301 (Chapter 380, SB 197)ê

 

     (a) One member elected by the registered voters [within the districts] of each congressional district described in NRS [385.0225 to 385.0265,] 304.060 to 304.120, inclusive [.

     2.] ;

     (b) One member appointed by the Governor;

     (c) One member appointed by the Governor, nominated by the Majority Leader of the Senate; and

     (d) One member appointed by the Governor, nominated by the Speaker of the Assembly.

     2.  In addition to the voting members described in subsection 1, the State Board consists of the following four nonvoting members:

     (a) One member appointed by the Governor who is a member of a board of trustees of a school district, nominated by the Nevada Association of School Boards;

     (b) One member appointed by the Governor who is the superintendent of schools of a school district, nominated by the Nevada Association of School Superintendents;

     (c) One member appointed by the Governor who represents the Nevada System of Higher Education, nominated by the Board of Regents of the University of Nevada; and

     (d) One member appointed by the Governor who is a pupil enrolled in a public school in this State, nominated by the Nevada Association of Student Councils or its successor organization and in consultation with the Nevada Youth Legislature. After the initial term, the term of the member appointed pursuant to this paragraph commences on June 1 and expires on May 31 of the following year.

     3.  Each member of the State Board elected pursuant to paragraph (a) of subsection 1 must be a [resident] qualified elector of the district from which that member is elected . [.

     3.  At the general election in 2002, and every 4 years thereafter, one member of the State Board must be elected for a term of 4 years from Districts Numbers 2, 5, 6 and 10.]

     4.  [At the general election in 2004, and every 4 years thereafter, one member of the State Board must be elected for a term of 4 years from Districts Numbers 1, 3, 4, 7, 8 and 9.] Each member appointed pursuant to paragraphs (b), (c) and (d) of subsection 1 and each member appointed pursuant to subsection 2 must be a resident of this State.

     5.  The Governor shall ensure that the members appointed pursuant to paragraphs (b), (c) and (d) of subsection 1 represent the geographic diversity of this State and that:

     (a) One member is a teacher at a public school selected from a list of three candidates provided by the Nevada State Education Association.

     (b) One member is the parent or legal guardian of a pupil enrolled in a public school.

     (c) One member is a person active in a private business or industry of this State.

     6.  After the initial terms, each member:

     (a) Elected pursuant to paragraph (a) of subsection 1 serves a term of 4 years. A member may be elected to serve not more than three terms but may be appointed to serve pursuant to paragraph (b), (c) or (d) of subsection 1 or subsection 2 after service as an elected member, notwithstanding the number of terms the member served as an elected member.

 


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ê2011 Statutes of Nevada, Page 2302 (Chapter 380, SB 197)ê

 

subsection 1 or subsection 2 after service as an elected member, notwithstanding the number of terms the member served as an elected member.

     (b) Appointed pursuant to paragraphs (b), (c) and (d) of subsection 1 serves a term of 2 years. A member may be reappointed for additional terms of 2 years in the same manner as the original appointments.

     (c) Appointed pursuant to subsection 2 serves a term of 1 year. A member may be reappointed for additional terms of 1 year in the same manner as the original appointments.

     7.  If a vacancy occurs [on the State Board,] during the term of:

     (a) A member who was elected pursuant to paragraph (a) of subsection 1, the Governor shall appoint a member to fill the vacancy until the next general election, at which election a member must be chosen for the balance of the unexpired term. The appointee must be a [resident] qualified elector of the district where the vacancy occurs.

     [6.  No member of the State Board may be elected to the office more than three times.]

     (b) A voting member appointed pursuant to paragraph (b), (c) or (d) of subsection 1 or a nonvoting member appointed pursuant to subsection 2, the vacancy must be filled in the same manner as the original appointment for the remainder of the unexpired term.

     Sec. 7.  NRS 385.040 is hereby amended to read as follows:

     385.040  1.  The State Board [of Education may] shall hold at least [four] 9 but not more than 12 regular meetings annually at the state capital. The Secretary shall call all regular meetings.

     2.  At least one of the meetings of the State Board must include a discussion with the superintendents of the school districts, presidents of the boards of trustees of the school districts, representatives of the governing bodies of charter schools, representatives of the governing bodies of university schools for profoundly gifted pupils and the chairs of all boards, commissions and councils in the public education system in this State to discuss:

     (a) The goals and benchmarks of the State for improving the academic achievement of pupils enrolled in public schools;

     (b) The effects of those goals and benchmarks on the school districts and public schools;

     (c) The status of the school districts and public schools in achieving the goals and benchmarks; and

     (d) The status of any corrective actions imposed on a school district or public school.

     3.  The State Board may hold special meetings at such other times and places as the State Board may direct. The Secretary shall call special meetings upon the written request of the President or any three voting members of the State Board.

     [3.] 4.  A majority of the [Board] voting members of the State Board constitutes a quorum for the transaction of business, and no action of the State Board is valid unless that action receives, at a legally called meeting, the approval of a majority of all [board] voting members.

     Sec. 8.  (Deleted by amendment.)

     Sec. 8.5.  NRS 385.150 is hereby amended to read as follows:

     385.150  [1.  The State Board shall appoint the] The Superintendent of Public Instruction [for a term of 3 years. The State Board may remove the Superintendent of Public Instruction from office for inefficiency, neglect of duty, malfeasance in office or for other just cause.]

 


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ê2011 Statutes of Nevada, Page 2303 (Chapter 380, SB 197)ê

 

Superintendent of Public Instruction from office for inefficiency, neglect of duty, malfeasance in office or for other just cause.] :

     1.  Is appointed by the Governor from a list of three candidates submitted by the State Board and serves at the pleasure of the Governor.

     2.  [A vacancy must be filled by the State Board for the remainder of the unexpired term.

     3.  The Superintendent of Public Instruction is] Is in the unclassified service of the State.

     3.  Is in the Executive Department of State Government.

     Sec. 9.  NRS 385.160 is hereby amended to read as follows:

     385.160  To be eligible to the Office of Superintendent of Public Instruction, a person shall:

     1.  Have attained the age of 21 years at the time of his or her appointment; [and]

     2.  Hold a master’s degree in the field of education or school administration [.] ; and

     3.  Possess the knowledge and ability to carry out the duties required by this title and all other statutes and regulations governing K-12 public education.

     Sec. 10.  NRS 385.175 is hereby amended to read as follows:

     385.175  The Superintendent of Public Instruction [shall:] is the educational leader for the system of K-12 public education in this State. The Superintendent of Public Instruction shall:

     1.  Execute, direct or supervise all administrative, technical and procedural activities of the Department in accordance with policies prescribed by the State Board.

     2.  Employ personnel for the positions approved by the State Board and necessary for the efficient operation of the Department.

     3.  Organize the Department in a manner which will assure efficient operation and service.

     4.  Maintain liaison and coordinate activities with other state agencies performing educational functions.

     5.  Enforce the observance of this title and all other statutes and regulations governing K-12 public education.

     6.  Request a plan of corrective action from the board of trustees of a school district or the governing body of a charter school if the Superintendent of Public Instruction determines that the school district or charter school has not complied with a requirement of this title or any other statute or regulation governing K-12 public education. The plan of corrective action must provide a timeline approved by the Superintendent of Public Instruction for compliance with the statute or regulation.

     7.  Perform such other duties as are prescribed by law.

     Sec. 11.  NRS 385.230 is hereby amended to read as follows:

     385.230  1.  The Superintendent of Public Instruction shall , in conjunction with the State Board, prepare an annual report [to] of the [Governor biennially, on or before December 1, in the year immediately preceding a regular session of the Legislature concerning matters relating to education in this state, including,] state of public education in this State. The report must include, without limitation [, an] :

     (a) An analysis of each annual report of accountability prepared by the State Board pursuant to NRS 385.3469 [in the immediately preceding 2 years.

 


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ê2011 Statutes of Nevada, Page 2304 (Chapter 380, SB 197)ê

 

     2.  The Superintendent of Public Instruction shall report to the Legislature during each regular session of the Legislature concerning matters relating to education in this state, including, without limitation, an analysis of each annual report of accountability prepared by the State Board pursuant to NRS 385.3469 in the immediately preceding 2 years.] ;

     (b) An update on the status of K-12 public education in this State;

     (c) A description of the most recent vision and mission statements of the State Board and the Department, including, without limitation, the progress made by the State Board and Department in achieving those visions and missions;

     (d) A description of the goals and benchmarks for improving the academic achievement of pupils which are included in the plan to improve the achievement of pupils required by NRS 385.34691;

     (e) An analysis of the progress the public schools have made in the previous year toward achieving the goals and benchmarks for improving the academic achievement of pupils;

     (f) An analysis of whether the standards and examinations adopted by the State Board adequately prepare pupils for success in postsecondary educational institutions and in career and workforce readiness;

     (g) An analysis of the extent to which school districts and charter schools recruit and retain effective teachers and principals;

     (h) An analysis of the ability of the automated system of accountability information for Nevada established pursuant to NRS 386.650 to link the achievement of pupils to the performance of the individual teachers assigned to those pupils and to the principals of the schools in which the pupils are enrolled;

     (i) An analysis of the extent to which the lowest performing public schools have improved the academic achievement of pupils enrolled in those schools;

     (j) A summary of the innovative educational programs implemented by public schools which have demonstrated the ability to improve the academic achievement of pupils, including, without limitation:

           (1) Pupils who are economically disadvantaged, as defined by the State Board;

           (2) Pupils from major racial and ethnic groups, as defined by the State Board;

           (3) Pupils with disabilities;

           (4) Pupils who are limited English proficient; and

           (5) Pupils who are migratory children, as defined by the State Board; and

     (k) A description of any plan of corrective action requested by the Superintendent of Public Instruction from the board of trustees of a school district or the governing body of a charter school and the status of that plan.

     2.  In odd-numbered years, the Superintendent of Public Instruction shall present the report in person to the Governor and each standing committee of the Legislature with primary jurisdiction over matters relating to K-12 public education at the beginning of each regular session of the Legislature.

     3.  In even-numbered years, the Superintendent of Public Instruction shall, on or before January 31, submit a written copy of the report to the Governor and to the Legislative Committee on Education.

 


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ê2011 Statutes of Nevada, Page 2305 (Chapter 380, SB 197)ê

 

     Sec. 12.  NRS 385.34691 is hereby amended to read as follows:

     385.34691  1.  The State Board shall prepare a plan to improve the achievement of pupils enrolled in the public schools in this State. The plan:

     (a) Must be prepared in consultation with:

           (1) Employees of the Department;

           (2) At least one employee of a school district in a county whose population is 100,000 or more, appointed by the Nevada Association of School Boards;

           (3) At least one employee of a school district in a county whose population is less than 100,000, appointed by the Nevada Association of School Boards; and

           (4) At least one representative of the Statewide Council for the Coordination of the Regional Training Programs created by NRS 391.516, appointed by the Council; and

     (b) May be prepared in consultation with:

           (1) Representatives of institutions of higher education;

           (2) Representatives of regional educational laboratories;

           (3) Representatives of outside consultant groups;

           (4) Representatives of the regional training programs for the professional development of teachers and administrators created by NRS 391.512;

           (5) The Bureau; and

           (6) Other persons who the State Board determines are appropriate.

     2.  A plan to improve the achievement of pupils enrolled in public schools in this State must include:

     (a) A review and analysis of the data upon which the report required pursuant to NRS 385.3469 is based and a review and analysis of any data that is more recent than the data upon which the report is based.

     (b) The identification of any problems or factors common among the school districts or charter schools in this State, as revealed by the review and analysis.

     (c) Strategies based upon scientifically based research, as defined in 20 U.S.C. § 7801(37), that will strengthen the core academic subjects, as set forth in NRS 389.018.

     (d) Strategies to improve the academic achievement of pupils enrolled in public schools in this State, including, without limitation, strategies to:

           (1) Instruct pupils who are not achieving to their fullest potential, including, without limitation:

                (I) The curriculum appropriate to improve achievement;

                (II) The manner by which the instruction will improve the achievement and proficiency of pupils on the examinations administered pursuant to NRS 389.015 and 389.550; and

                (III) An identification of the instruction and curriculum that is specifically designed to improve the achievement and proficiency of pupils in each group identified in paragraph (b) of subsection 1 of NRS 385.361;

           (2) Increase the rate of attendance of pupils and reduce the number of pupils who drop out of school;

           (3) Integrate technology into the instructional and administrative programs of the school districts;

           (4) Manage effectively the discipline of pupils; and

           (5) Enhance the professional development offered for the teachers and administrators employed at public schools in this State to include the activities set forth in 20 U.S.C. § 7801(34) and to address the specific needs of the pupils enrolled in public schools in this State, as deemed appropriate by the State Board.

 


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ê2011 Statutes of Nevada, Page 2306 (Chapter 380, SB 197)ê

 

activities set forth in 20 U.S.C. § 7801(34) and to address the specific needs of the pupils enrolled in public schools in this State, as deemed appropriate by the State Board.

     (e) Strategies designed to provide to the pupils enrolled in middle school, junior high school and high school, the teachers and counselors who provide instruction to those pupils, and the parents and guardians of those pupils information concerning:

           (1) The requirements for admission to an institution of higher education and the opportunities for financial aid;

           (2) The availability of Governor Guinn Millennium Scholarships pursuant to NRS 396.911 to 396.938, inclusive; and

           (3) The need for a pupil to make informed decisions about his or her curriculum in middle school, junior high school and high school in preparation for success after graduation.

     (f) An identification, by category, of the employees of the Department who are responsible for ensuring that each provision of the plan is carried out effectively.

     (g) [For] A timeline for carrying out the plan, including, without limitation:

           (1) The rate of improvement and progress which must be attained annually in meeting the goals and benchmarks established by the State Board pursuant to subsection 3; and

           (2) For each provision of the plan, a timeline for carrying out that provision, including, without limitation, a timeline for monitoring whether the provision is carried out effectively.

     (h) For each provision of the plan, measurable criteria for determining whether the provision has contributed toward improving the academic achievement of pupils, increasing the rate of attendance of pupils and reducing the number of pupils who drop out of school.

     (i) Strategies to improve the allocation of resources from this State, by program and by school district, in a manner that will improve the academic achievement of pupils. If this State has a financial analysis program that is designed to track educational expenditures and revenues to individual schools, the State Board shall use that statewide program in complying with this paragraph. If a statewide program is not available, the State Board shall use the Department’s own financial analysis program in complying with this paragraph.

     (j) Based upon the reallocation of resources set forth in paragraph (i), the resources available to the State Board and the Department to carry out the plan, including, without limitation, a budget for the overall cost of carrying out the plan.

     (k) A summary of the effectiveness of appropriations made by the Legislature to improve the academic achievement of pupils and programs approved by the Legislature to improve the academic achievement of pupils.

     (l) Any additional plans addressing the achievement and proficiency of pupils adopted by the Department.

     3.  The State Board shall:

     (a) In developing the plan to improve the achievement of pupils enrolled in public schools, establish clearly defined goals and benchmarks for improving the achievement of pupils, including, without limitation, goals for:

 


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ê2011 Statutes of Nevada, Page 2307 (Chapter 380, SB 197)ê

 

           (1) Improving proficiency results in core academic subjects;

           (2) Increasing the number of pupils enrolled in public middle schools and junior high schools, including, without limitation, charter schools, who enter public high schools with the skills necessary to succeed in high school;

           (3) Improving the percentage of pupils who enroll in grade 9 and who graduate from a public high school, including, without limitation, a charter school, with a standard or higher diploma upon completion;

           (4) Improving the performance of pupils on standardized college entrance examinations;

           (5) Increasing the percentage of pupils enrolled in high schools who enter postsecondary educational institutions or who are career and workforce ready; and

           (6) Reengaging disengaged youth who have dropped out of high school or who are at risk of dropping out of high school, including, without limitation, a mechanism for tracking and maintaining communication with those youth who have dropped out of school or who are at risk of doing so;

     (b) Review the plan [prepared pursuant to this section] annually to evaluate the effectiveness of the plan; [and

     (b)] (c) Examine the timeline for implementing the plan and each provision of the plan to determine whether the annual goals and benchmarks have been attained; and

     (d) Based upon the evaluation of the plan, make revisions, as necessary, to ensure that [the] :

           (1) The goals and benchmarks set forth in the plan are being attained in a timely manner; and

           (2) The plan is designed to improve the academic achievement of pupils enrolled in public schools in this State.

     4.  On or before December 15 of each year, the State Board shall submit the plan or the revised plan, as applicable, to the:

     (a) Governor;

     (b) Committee;

     (c) Bureau;

     (d) Board of Regents of the University of Nevada;

     (e) Council to Establish Academic Standards for Public Schools created by NRS 389.510;

     (f) Board of trustees of each school district; and

     (g) Governing body of each charter school.

     Sec. 13.  NRS 385.359 is hereby amended to read as follows:

     385.359  1.  The Bureau [shall contract with a person or entity] may, at the direction of the Committee, convene an advisory group to:

     (a) Review and analyze, in accordance with the standards prescribed by the Committee pursuant to subsection 2 of NRS 218E.615, the:

           (1) Annual report of accountability prepared by:

                (I) The State Board pursuant to NRS 385.3469; and

                (II) The board of trustees of each school district pursuant to NRS 385.347.

           (2) Plan to improve the achievement of pupils prepared by:

                (I) The State Board pursuant to NRS 385.34691;

                (II) The board of trustees of each school district pursuant to NRS 385.348; and

 


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ê2011 Statutes of Nevada, Page 2308 (Chapter 380, SB 197)ê

 

                (III) Each school pursuant to NRS 385.357 identified by the Bureau for review, if any, or if such a plan has not been prepared, the turnaround plan for the schools identified by the Bureau, if any, implemented pursuant to NRS 385.37603 or the plan for restructuring the school implemented pursuant to NRS 385.37607, as applicable.

     (b) Submit a written report to and consult with the State Board and the Department regarding any methods by which the State Board may improve the accuracy of the report of accountability required pursuant to NRS 385.3469 and the plan to improve the achievement of pupils required pursuant to NRS 385.34691, and the purposes for which the report and plan to improve are used.

     (c) Submit a written report to and consult with each school district regarding any methods by which the district may improve the accuracy of the report required pursuant to subsection 2 of NRS 385.347 and the plan to improve the achievement of pupils required pursuant to NRS 385.348, and the purposes for which the report and plan to improve are used.

     (d) If requested by the Bureau, submit a written report to and consult with individual schools identified by the Bureau regarding any methods by which the school may improve the accuracy of the information required to be reported for the school pursuant to subsection 2 of NRS 385.347 and the:

           (1) Plan to improve the achievement of pupils required pursuant to NRS 385.357;

           (2) Turnaround plan for the school implemented pursuant to NRS 385.37603; or

           (3) Plan for restructuring the school implemented pursuant to NRS 385.37607,

Ê whichever is applicable for the school.

     (e) Submit written reports and any recommendations to the Committee and the Bureau concerning:

           (1) The effectiveness of the provisions of NRS 385.3455 to 385.391, inclusive, in improving the accountability of the schools of this State;

           (2) The status of each school district that is designated as demonstrating need for improvement pursuant to NRS 385.377 and each school that is designated as demonstrating need for improvement pursuant to NRS 385.3623; and

           (3) Any other matter related to the accountability of the public schools of this State, as deemed necessary by the Bureau.

     2.  [The consultant with whom the Bureau contracts to perform the duties required] If convened pursuant to subsection 1 , an advisory group must consist of members who possess the experience and knowledge necessary to perform those duties, as determined by the Committee.

     Sec. 14.  NRS 385.3781 is hereby amended to read as follows:

     385.3781  As used in NRS 385.3781 to 385.379, inclusive, and section 3.3 of this act, unless the context otherwise requires, the words and terms defined in NRS 385.3782 and 385.3783 have the meanings ascribed to them in those sections.

     Secs. 15-19.  (Deleted by amendment.)

     Sec. 19.5.  NRS 385.600 is hereby amended to read as follows:

     385.600  As used in this section and NRS 385.610 and 385.620, and section 3.5 of this act, “Advisory Council” means the Advisory Council on Parental Involvement established pursuant to NRS 385.610.

 


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ê2011 Statutes of Nevada, Page 2309 (Chapter 380, SB 197)ê

 

     Sec. 20.  Chapter 388 of NRS is hereby amended by adding thereto a new section to read as follows:

     The Superintendent of Public Instruction is responsible for ensuring that the duties and responsibilities of the Commission set forth in NRS 388.780 to 388.805, inclusive, are carried out by the Commission successfully.

     Secs. 21 and 22.  (Deleted by amendment.)

     Sec. 23.  NRS 388.780 is hereby amended to read as follows:

     388.780  As used in NRS 388.780 to 388.805, inclusive, and section 20 of this act, unless the context otherwise requires, the words and terms defined in NRS 388.785 and 388.787 have the meanings ascribed to them in those sections.

     Secs. 24-27.  (Deleted by amendment.)

     Sec. 27.5.  Chapter 389 of NRS is hereby amended by adding thereto a new section to read as follows:

     The Superintendent of Public Instruction is responsible for ensuring that the duties and responsibilities of the Council set forth in NRS 389.500 to 389.570, inclusive, are carried out by the Council successfully.

     Sec. 27.7.  NRS 389.500 is hereby amended to read as follows:

     389.500  As used in NRS 389.500 to 389.570, inclusive, and section 27.5 of this act, “Council” means the Council to Establish Academic Standards for Public Schools.

     Secs. 28-35.  (Deleted by amendment.)

     Sec. 36.  Chapter 391 of NRS is hereby amended by adding thereto the provisions set forth as sections 37 to 38.7, inclusive, of this act.

     Sec. 37.  On or before December 1 of each year, the Commission shall submit a written report to the State Board and the Legislative Committee on Education. The report must include, without limitation:

     1.  A summary of the regulations adopted by the Commission and the status of those regulations;

     2.  A work plan which designates the proposed activities of the Commission during the next year; and

     3.  A description of the progress and status of each regulation relating to the licensure of educational personnel which the Commission is required to adopt pursuant to a legislative measure enacted within the two previous regular sessions of the Legislature or any special session of the Legislature occurring within that time. If the Commission has not adopted a required regulation, the Commission shall include in the report a detailed explanation describing the reasons each regulation was not adopted.

     Sec. 38.  (Deleted by amendment.)

     Sec. 38.3.  The Superintendent of Public Instruction is responsible for ensuring that the duties and responsibilities of the Commission set forth in this chapter are carried out by the Commission successfully.

     Sec. 38.5.  The Superintendent of Public Instruction is responsible for ensuring that the duties and responsibilities of the Statewide Council and the regional training programs set forth in NRS 391.500 to 391.556, inclusive, and section 38.7 of this act are carried out by the Statewide Council and the regional training programs successfully.

 


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ê2011 Statutes of Nevada, Page 2310 (Chapter 380, SB 197)ê

 

     Sec. 38.7.  1.  The governing body of each regional training program shall establish an evaluation system for the teachers and other licensed educational personnel who participate in the program. The evaluation system must include:

     (a) Specific measures of the success of each teacher and other licensed person who participates in the training provided by the program; and

     (b) Recommendations for follow-up for the teacher or other licensed person to strengthen his or her skills in the classroom or otherwise in his or her position of employment with the school district or charter school.

     2.  Each evaluation must be provided in written form to the person who is evaluated and the principal of the school at which the person is employed, if applicable, or, if the person is not supervised by a school principal, his or her direct supervisor.

     Secs. 39-41.  (Deleted by amendment.)

     Sec. 42.  NRS 391.027 is hereby amended to read as follows:

     391.027  1.  The State Board may disapprove any regulation adopted by the Commission . [if the regulation:

     (a) Threatens the efficient operation of the public schools in this State; or

     (b) Creates an undue financial hardship for any teacher, administrator or other educational personnel or any county school district.]

     2.  A regulation shall be deemed approved if the State Board does not disapprove the regulation within 90 days after it is adopted by the Commission.

     Sec. 43.  (Deleted by amendment.)

     Sec. 44.  NRS 391.500 is hereby amended to read as follows:

     391.500  As used in NRS 391.500 to 391.556, inclusive, and sections 38.5 and 38.7 of this act, unless the context otherwise requires, the words and terms defined in NRS 391.504 and 391.508 have the meanings ascribed to them in those sections.

     Secs. 45-47.  (Deleted by amendment.)

     Sec. 47.5.  NRS 391.512 is hereby amended to read as follows:

     391.512  1.  There are hereby created the Southern Nevada Regional Training Program, the Northeastern Nevada Regional Training Program and the Northwestern Nevada Regional Training Program. The governing body of each regional training program shall establish and operate a:

     (a) Regional training program for the professional development of teachers and administrators.

     (b) Nevada Early Literacy Intervention Program through the regional training program established pursuant to paragraph (a).

     2.  Except as otherwise provided in subsection 5, the Southern Nevada Regional Training Program must primarily provide services to teachers and administrators who are employed by school districts in:

     (a) Clark County;

     (b) Esmeralda County;

     (c) Lincoln County;

     (d) Mineral County; and

     (e) Nye County.

     3.  Except as otherwise provided in subsection 5, the Northeastern Nevada Regional Training Program must primarily provide services to teachers and administrators who are employed by school districts in:

     (a) [Churchill County;

     (b)] Elko County;

 


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ê2011 Statutes of Nevada, Page 2311 (Chapter 380, SB 197)ê

 

     [(c)] (b) Eureka County;

     [(d)] (c) Lander County;

     [(e)] (d) Humboldt County;

     [(f)] (e) Pershing County; and

     [(g)] (f) White Pine County.

     4.  Except as otherwise provided in subsection 5, the Northwestern Nevada Regional Training Program must primarily provide services to teachers and administrators who are employed by school districts in:

     (a) Carson City;

     (b) Churchill County;

     (c) Douglas County;

     [(c)] (d) Lyon County;

     [(d)] (e) Storey County; and

     [(e)] (f) Washoe County.

     5.  Each regional training program shall, when practicable, make reasonable accommodations for the attendance of teachers and administrators who are employed by school districts outside the primary jurisdiction of the regional training program.

     6.  The board of trustees of the:

     (a) Clark County School District shall serve as the fiscal agent for the Southern Nevada Regional Training Program.

     (b) Elko County School District shall serve as the fiscal agent for the Northeastern Nevada Regional Training Program.

     (c) Washoe County School District shall serve as the fiscal agent for the Northwestern Nevada Regional Training Program.

Ê As fiscal agent, each school district is responsible for the payment, collection and holding of all money received from this State for the maintenance and support of the regional training program and Nevada Early Literacy Intervention Program established and operated by the applicable governing body.

     Sec. 48.  NRS 391.544 is hereby amended to read as follows:

     391.544  1.  Based upon the assessment of needs for training within the region and priorities of training adopted by the governing body pursuant to NRS 391.540, each regional training program must provide:

     (a) Training for teachers and other licensed educational personnel in the [standards] :

           (1) Standards established by the Council to Establish Academic Standards for Public Schools pursuant to NRS 389.520 [.] ;

           (2) The curriculum and instruction required for the common core state standards adopted by the State Board;

           (3) Curriculum and instruction recommended by the Teachers and Leaders Council of Nevada; and

           (4) Culturally relevant pedagogy, taking into account cultural diversity and demographic differences throughout this State.

     (b) Through the Nevada Early Literacy Intervention Program established for the regional training program, training for teachers who teach kindergarten and grades 1, 2 or 3 on methods to teach fundamental reading skills, including, without limitation:

           (1) Phonemic awareness;

           (2) Phonics;

           (3) Vocabulary;

           (4) Fluency;

 


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ê2011 Statutes of Nevada, Page 2312 (Chapter 380, SB 197)ê

 

           (5) Comprehension; and

           (6) Motivation.

     (c) At least one of the following types of training:

           (1) Training for teachers and school administrators in the assessment and measurement of pupil achievement and the effective methods to analyze the test results and scores of pupils to improve the achievement and proficiency of pupils.

           (2) Training for teachers in specific content areas to enable the teachers to provide a higher level of instruction in their respective fields of teaching. Such training must include instruction in effective methods to teach in a content area provided by teachers who are considered masters in that content area.

           (3) In addition to the training provided pursuant to paragraph (b) of subsection 1, training for teachers in the methods to teach basic skills to pupils, such as providing instruction in reading with the use of phonics and providing instruction in basic skills of mathematics computation.

     2.  The training required pursuant to subsection 1 must:

     (a) Include the activities set forth in 20 U.S.C. § 7801(34), as deemed appropriate by the governing body for the type of training offered.

     (b) Include appropriate procedures to ensure follow-up training for teachers and administrators who have received training through the program.

     (c) Incorporate training that addresses the educational needs of:

           (1) Pupils with disabilities who participate in programs of special education; and

           (2) Pupils who are limited English proficient.

     3.  The governing body of each regional training program shall prepare and maintain a list that identifies programs for the professional development of teachers and administrators that successfully incorporate:

     (a) The standards of content and performance established by the Council to Establish Academic Standards for Public Schools pursuant to NRS 389.520;

     (b) Fundamental reading skills; and

     (c) Other training listed in subsection 1.

Ê The governing body shall provide a copy of the list on an annual basis to school districts for dissemination to teachers and administrators.

     4.  A regional training program may include model classrooms that demonstrate the use of educational technology for teaching and learning.

     5.  A regional training program may contract with the board of trustees of a school district that is served by the regional training program as set forth in NRS 391.512 to provide professional development to the teachers and administrators employed by the school district that is in addition to the training required by this section. Any training provided pursuant to this subsection must include the activities set forth in 20 U.S.C. § 7801(34), as deemed appropriate by the governing body for the type of training offered.

     6.  To the extent money is available from legislative appropriation or otherwise, a regional training program may provide training to paraprofessionals.

     Sec. 49.  (Deleted by amendment.)

     Sec. 50.  NRS 391.556 is hereby amended to read as follows:

     391.556  The board of trustees of each school district shall submit an annual report to the State Board, the Commission, the Legislative Committee on Education and the Legislative Bureau of Educational Accountability and Program Evaluation that includes for the immediately preceding year:

 


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ê2011 Statutes of Nevada, Page 2313 (Chapter 380, SB 197)ê

 

on Education and the Legislative Bureau of Educational Accountability and Program Evaluation that includes for the immediately preceding year:

     1.  The number of teachers and administrators employed by the school district who received training through the program [; and] , including, without limitation, the type of training received.

     2.  An evaluation of whether that training included the [standards] :

     (a) Standards of content and performance established by the Council to Establish Academic Standards for Public Schools pursuant to NRS 389.520 [.] ;

     (b) The curriculum and instruction required for the common core standards adopted by the State Board;

     (c) The curriculum and instruction recommended by the Teachers and Leaders Council of Nevada; and

     (d) Culturally relevant pedagogy, taking into account cultural diversity and demographic differences throughout this State.

     3.  An evaluation of the effectiveness of the training on improving the quality of instruction and the achievement of pupils.

     Secs. 51 and 52.  (Deleted by amendment.)

     Sec. 53.  NRS 218E.625 is hereby amended to read as follows:

     218E.625  1.  The Legislative Bureau of Educational Accountability and Program Evaluation is hereby created within the Fiscal Analysis Division of the Legislative Counsel Bureau. The Fiscal Analysts shall appoint to the Legislative Bureau of Educational Accountability and Program Evaluation a Chief and such other personnel as the Fiscal Analysts determine are necessary for the Bureau to carry out its duties pursuant to this section.

     2.  The Bureau shall, as the Fiscal Analysts determine is necessary or at the request of the Committee:

     (a) Collect and analyze data and issue written reports concerning:

           (1) The effectiveness of the provisions of NRS 385.3455 to 385.391, inclusive, in improving the accountability of the schools of this State;

           (2) The statewide program to reduce the ratio of pupils per class per licensed teacher prescribed in NRS 388.700, 388.710 and 388.720;

           (3) The statewide program to educate persons with disabilities that is set forth in chapter 395 of NRS;

           (4) The results of the examinations of the National Assessment of Educational Progress that are administered pursuant to NRS 389.012; and

           (5) Any program or legislative measure, the purpose of which is to reform the system of education within this State.

     (b) Conduct studies and analyses to evaluate the performance and progress of the system of public education within this State. Such studies and analyses may be conducted:

           (1) As the Fiscal Analysts determine are necessary; or

           (2) At the request of the Legislature.

Ê This paragraph does not prohibit the Bureau from contracting with a person or entity to conduct studies and analyses on behalf of the Bureau.

     (c) On or before [December 31] October 1 of each even-numbered year, submit a written report of its findings pursuant to paragraphs (a) and (b) to the Director of the Legislative Counsel Bureau for transmission to the next regular session of the Legislature. The Bureau shall, on or before [December 31] October 1 of each odd-numbered year, submit a written report of its findings pursuant to paragraphs (a) and (b) to the Director of the Legislative Counsel Bureau for transmission to the Legislative Commission [.]

 


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ê2011 Statutes of Nevada, Page 2314 (Chapter 380, SB 197)ê

 

Legislative Counsel Bureau for transmission to the Legislative Commission [.] and to the Legislative Committee on Education.

     3.  The Bureau may, pursuant to NRS 218F.620, require a school, a school district, the Nevada System of Higher Education or the Department of Education to submit to the Bureau books, papers, records and other information that the Chief of the Bureau determines are necessary to carry out the duties of the Bureau pursuant to this section. An entity whom the Bureau requests to produce records or other information shall provide the records or other information in any readily available format specified by the Bureau.

     4.  Except as otherwise provided in this subsection or NRS 239.0115, any information obtained by the Bureau pursuant to this section shall be deemed a work product that is confidential pursuant to NRS 218F.150. The Bureau may, at the discretion of the Chief and after submission to the Legislature or Legislative Commission, as appropriate, publish reports of its findings pursuant to paragraphs (a) and (b) of subsection 2.

     5.  This section does not prohibit the Department of Education or the State Board of Education from conducting analyses, submitting reports or otherwise reviewing educational programs in this State.

     Sec. 53.5.  Section 23 of Assembly Bill No. 579 of this session is hereby repealed.

     Sec. 54.  NRS 385.017, 385.0175, 385.018, 385.019, 385.0225, 385.023, 385.0235, 385.024, 385.0245, 385.025, 385.0255, 385.0257, 385.026 and 385.0265 are hereby repealed.

     Sec. 54.5.  1.  The Department of Education shall transfer the following sums from the Account for Programs for Innovation and the Prevention of Remediation created by NRS 385.379 to the school districts specified in this subsection:

                                                                          FY 2012             FY 2013

Clark County School District                         $1,450,005         $1,450,005

Elko County School District                          $1,335,736         $1,335,736

Washoe County School District                     $1,154,698         $1,154,698

Total                                                              $3,940,439         $3,940,439

     2.  The Department of Education shall transfer the following sums from the Account for Programs for Innovation and the Prevention of Remediation created by NRS 385.379 to the school districts specified in this subsection:

                                                                          FY 2012             FY 2013

Clark County School District                         $2,533,351         $2,533,351

Washoe County School District                        $987,158            $987,158

Total                                                              $3,520,509         $3,520,509

     3.  A school district that receives an allocation pursuant to subsection 1 shall serve as fiscal agent for the respective regional training program for the professional development of teachers and administrators. As fiscal agent, each school district is responsible for the payment, collection and holding of all money received from this State for the maintenance and support of the regional training program for the professional development of teachers and administrators and the Nevada Early Literacy Intervention Program established and operated by the applicable governing body. The Clark County School District and the Washoe County School District shall not use any of the money allocated pursuant to subsection 1 for the purchase of professional development to the teachers and administrators that it employs, other than the money which is allocated for the administration and overhead of the regional training program.

 


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ê2011 Statutes of Nevada, Page 2315 (Chapter 380, SB 197)ê

 

professional development to the teachers and administrators that it employs, other than the money which is allocated for the administration and overhead of the regional training program.

     4.  The Clark County School District and the Washoe County School District shall use the money allocated to the school district pursuant to subsection 2 for the provision of professional development for teachers and administrators employed by that school district, which may include, without limitation, the provision of professional development through the regional training program for the professional development of teachers and administrators. If the Clark County School District or the Washoe County School District elects to use all or a portion of the money allocated pursuant to subsection 2 to purchase professional development services from the regional training program for the professional development of teachers and administrators, the School District shall provide written notice to the regional training program on or before August 1, 2011, for the 2011-2012 Fiscal Year, and March 1, 2012, for the 2012-2013 Fiscal Year.

     5.  On or before February 1, 2013, the Clark County School District and the Washoe County School District shall each submit a report to the Director of the Legislative Counsel Bureau for transmittal to the next regular session of the Legislature which describes:

     (a) The professional development purchased by the School District from the allocation made pursuant to subsection 2; and

     (b) The effectiveness of the professional development purchased pursuant to subsection 2 on improving the quality of instruction and the achievement of pupils in the School District.

     6.  Any balance of the transfers made by subsections 1 and 2 remaining at the end of the 2011-2012 Fiscal Year must be added to the money received by the school districts for the 2012-2013 Fiscal Year and may be expended as that money is expended. Any remaining balance of the transfers made by subsections 1 and 2 for the 2012-2013 Fiscal Year, including any money added from the transfer for the previous fiscal year, must not be committed for expenditure after June 30, 2013, by the entity to which the transfer is made or any entity to which money from the transfer is granted or otherwise transferred in any manner, and any portion of the transferred money remaining must not be spent for any purpose after September 20, 2013, by the entity to which the money was transferred, and must be reverted to the State General Fund on or before September 20, 2013.

     Sec. 55.  1.  The terms of all members of the State Board of Education who are incumbent on January 7, 2013, expire on that date.

     2.  On or before January 8, 2013, the Governor shall appoint the members to the State Board of Education in accordance with the qualifications set forth in NRS 385.021, as amended by section 6 of this act, as follows:

     (a) Three voting members pursuant to paragraphs (b), (c) and (d) of subsection 1 of NRS 385.021, as amended by section 6 of this act, to initial terms commencing on January 8, 2013, and expiring on January 5, 2015.

     (b) Three nonvoting members pursuant to paragraphs (a), (b) and (c) of subsection 2 of NRS 385.021, as amended by section 6 of this act, to initial terms commencing on January 8, 2013, and expiring on January 6, 2014.

     (c) One nonvoting member pursuant to paragraph (d) of subsection 2 of NRS 385.021, as amended by section 6 of this act, to an initial term commencing on January 8, 2013, and expiring on May 31, 2014.

 


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ê2011 Statutes of Nevada, Page 2316 (Chapter 380, SB 197)ê

 

     Secs. 56 and 57.  (Deleted by amendment.)

     Sec. 58.  1.  The State Board of Education shall review any vision and mission statements adopted by the State Board and revise those statements, as determined necessary by the State Board, to ensure that the pupils enrolled in public schools in this State have access to a high quality education and are fully prepared for the future and for competing successfully in a global economy and to help guide and accelerate Nevada’s K-12 public education system into the future. In its review and revision, the State Board shall review the vision and mission statements for K-12 public education developed by state entities responsible for public education in other states.

     2.  On or before July 1, 2013, the State Board of Education shall submit the revised vision and mission statements developed pursuant to subsection 1 to the:

     (a) Governor; and

     (b) Director of the Legislative Counsel Bureau for transmission to the next regular session of the Legislature and to the Legislative Committee on Education.

     3.  The State Board of Education shall post on its Internet website the revised vision and mission statements developed pursuant to subsection 1.

     Sec. 58.5.  1.  The Superintendent of Public Instruction who was appointed pursuant to NRS 385.150 to a term expiring in March 2013 continues to serve for the remainder of the unexpired term. If a vacancy occurs before the expiration of that term, the Governor shall appoint the Superintendent of Public Instruction in accordance with NRS 385.150, as amended by section 8.5 of this act, for the remainder of the unexpired term.

     2.  If a vacancy does not occur pursuant to subsection 1, upon the expiration of the current term of the Superintendent of Public Instruction, the Governor shall appoint the Superintendent of Public Instruction pursuant to NRS 385.150, as amended by section 8.5 of this act.

     Sec. 58.7.  1.  Not later than July 1, 2011, the Elko County School District shall transfer from the Northeastern Nevada Regional Training Program to the Washoe County School District for the Northwestern Nevada Regional Training Program an appropriate sum of money to reflect the changes made by NRS 391.512, as amended by section 47.5 of this act.

     2.  Commencing on July 1, 2011, the Churchill County School District shall be within the jurisdiction of the Northwestern Nevada Regional Training Program as set forth in NRS 391.512, as amended by section 47.5 of this act.

     Secs. 59-63.  (Deleted by amendment.)

     Sec. 64.  1.  This section and sections 53.5 and 58.7 of this act become effective upon passage and approval.

     2.  Sections 1 to 5, inclusive, 8 to 53, inclusive, 47.5, 54.5 to 57, inclusive, and 58.5 to 63, inclusive, of this act become effective on July 1, 2011.

     3.  Section 54 of this act becomes effective on November 7, 2012.

     4.  Section 6 of this act becomes effective on January 1, 2012, for the purpose of filing for office and for nominating and electing members of the State Board of Education and on January 8, 2013, for all other purposes.

     5.  Sections 7 and 58 of this act become effective on January 1, 2013.

________

 


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ê2011 Statutes of Nevada, Page 2317ê

 

CHAPTER 381, SB 212

Senate Bill No. 212–Committee on Education

 

CHAPTER 381

 

[Approved: June 15, 2011]

 

AN ACT relating to education; revising provisions relating to sponsorship of charter schools; creating the State Public Charter School Authority; prescribing the membership, duties and powers of the State Public Charter School Authority; imposing certain restrictions on contracts between a charter school or proposed charter school and a contractor or educational management organization; repealing the Subcommittee on Charter Schools of the State Board of Education; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

       Existing law authorizes the formation of charter schools and authorizes school districts, the State Board of Education and colleges and universities within the Nevada System of Higher Education to sponsor charter schools. (NRS 386.500-386.610) Sections 25-35.5 of this bill create the State Public Charter School Authority and prescribe the membership of the State Public Charter School Authority. Section 38 of this bill removes the authority of the State Board of Education to sponsor charter schools and authorizes the State Public Charter School Authority to sponsor charter schools. Section 2 of this bill transfers the duty to prepare an annual report of accountability information of each charter school in this State from the board of trustees of a school district to the sponsor of that charter school. Section 59 of this bill provides for the appointment of the Director of the State Public Charter School Authority. Section 60 of this bill provides for the transfer of certain personnel positions from the Department of Education to the State Public Charter School Authority. Section 61 of this bill requires the members of the State Public Charter School Authority to be appointed. Section 64 of this bill transfers the sponsorship of all charter schools sponsored by the State Board of Education to the State Public Charter School Authority.

       Existing administrative regulations of the Department of Education set forth certain restrictions on contracts and proposed contracts between a charter school or proposed charter school and a contractor or an educational management organization. (NAC 386.403) Section 35.7 of this bill codifies into statute the provisions of this regulation. Section 35.7 also defines educational management organization for purposes of that section.

       Section 57 of this bill repeals the Subcommittee on Charter Schools of the State Board of Education.

 

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

 

     Whereas, The Legislature recognizes that each child in this State should be afforded the opportunity to receive a high-quality education from the public schools of this State; and

     Whereas, Some children perform better in different learning environments, and the educational programs in public schools should be designed to fit the individual needs of those children; and

     Whereas, It is the intent of the Legislature to provide teachers and other educational personnel, parents, legal guardians and other persons who are interested in the system of public education in this State the opportunity to:

     1.  Improve the learning of pupils by creating public schools with rigorous standards for the academic achievement of pupils;

 


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ê2011 Statutes of Nevada, Page 2318 (Chapter 381, SB 212)ê

 

     2.  Close the achievement gaps between high-performing and low-performing groups of pupils;

     3.  Increase the opportunities for learning for all pupils;

     4.  Increase access to alternative educational programs for pupils who are identified as being at risk for academic failure; and

     5.  Encourage diverse approaches to public education and the use of innovative teaching methods that have proven effective; and

     Whereas, The Legislature finds that the success of charter schools in this State depends upon the support of high-quality sponsors, effective charter associations and resource centers, effective educational personnel and parents and legal guardians of pupils enrolled in the charter schools; and

     Whereas, The Legislature finds that the sponsors of successful charter schools maintain high standards for the sponsor and the charter schools they sponsor, preserve autonomy for the charter schools they sponsor and protect the interests of the pupils enrolled in the charter schools and the communities they serve; and

     Whereas, The Legislature finds that the creation of a State Public Charter School Authority can serve as a model of the best practices in sponsoring charter schools and can foster high-quality public school choice through the charter schools it sponsors by providing pupils with an opportunity to maximize their academic potential; now, therefore,

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

     Section 1.  NRS 385.005 is hereby amended to read as follows:

     385.005  1.  The Legislature reaffirms its intent that public education in the State of Nevada is essentially a matter for local control by local school districts. The provisions of this title are intended to reserve to the boards of trustees of local school districts within this state such rights and powers as are necessary to maintain control of the education of the children within their respective districts. These rights and powers may only be limited by other specific provisions of law.

     2.  The responsibility of establishing a statewide policy of integration or desegregation of public schools is reserved to the Legislature. The responsibility for establishing a local policy of integration or desegregation of public schools consistent with the statewide policy established by the Legislature is delegated to the respective boards of trustees of local school districts and to the governing body of each charter school.

     3.  The State Board shall, and the State Public Charter School Authority, each board of trustees of a local school district, the governing body of each charter school and any other school officer may, advise the Legislature at each regular session of any recommended legislative action to ensure high standards of equality of educational opportunity for all children in the State of Nevada.

     Sec. 2.  NRS 385.347 is hereby amended to read as follows:

     385.347  1.  The board of trustees of each school district in this State, in cooperation with associations recognized by the State Board as representing licensed educational personnel in the district, shall adopt a program providing for the accountability of the school district to the residents of the district and to the State Board for the quality of the schools and the educational achievement of the pupils in the district, including, without limitation, pupils enrolled in charter schools [in] sponsored by the school district.

 


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ê2011 Statutes of Nevada, Page 2319 (Chapter 381, SB 212)ê

 

without limitation, pupils enrolled in charter schools [in] sponsored by the school district. The board of trustees of each school district shall report the information required by subsection 2 for each charter school [that is located within the school district, regardless of the sponsor of the charter school.] sponsored by the school district. The information for charter schools must be reported separately . [and must denote the charter schools sponsored by the school district, the charter schools sponsored by the State Board and the charter schools sponsored by a college or university within the Nevada System of Higher Education.]

     2.  The board of trustees of each school district shall, on or before August 15 of each year, prepare an annual report of accountability concerning:

     (a) The educational goals and objectives of the school district.

     (b) Pupil achievement for each school in the district and the district as a whole, including, without limitation, each charter school [in] sponsored by the district. The board of trustees of the district shall base its report on the results of the examinations administered pursuant to NRS 389.015 and 389.550 and shall compare the results of those examinations for the current school year with those of previous school years. The report must include, for each school in the district, including, without limitation, each charter school [in] sponsored by the district, and each grade in which the examinations were administered:

           (1) The number of pupils who took the examinations.

           (2) A record of attendance for the period in which the examinations were administered, including an explanation of any difference in the number of pupils who took the examinations and the number of pupils who are enrolled in the school.

           (3) Except as otherwise provided in this paragraph, pupil achievement, reported separately by gender and reported separately for the following groups of pupils:

                (I) Pupils who are economically disadvantaged, as defined by the State Board;

                (II) Pupils from major racial and ethnic groups, as defined by the State Board;

                (III) Pupils with disabilities;

                (IV) Pupils who are limited English proficient; and

                (V) Pupils who are migratory children, as defined by the State Board.

           (4) A comparison of the achievement of pupils in each group identified in paragraph (b) of subsection 1 of NRS 385.361 with the annual measurable objectives of the State Board.

           (5) The percentage of pupils who were not tested.

           (6) Except as otherwise provided in this paragraph, the percentage of pupils who were not tested, reported separately by gender and reported separately for the groups identified in subparagraph (3).

           (7) The most recent 3-year trend in pupil achievement in each subject area tested and each grade level tested pursuant to NRS 389.015 and 389.550, which may include information regarding the trend in the achievement of pupils for more than 3 years, if such information is available.

           (8) Information that compares the results of pupils in the school district, including, without limitation, pupils enrolled in charter schools [in] sponsored by the district, with the results of pupils throughout this State. The information required by this subparagraph must be provided in consultation with the Department to ensure the accuracy of the comparison.

 


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ê2011 Statutes of Nevada, Page 2320 (Chapter 381, SB 212)ê

 

information required by this subparagraph must be provided in consultation with the Department to ensure the accuracy of the comparison.

           (9) For each school in the district, including, without limitation, each charter school [in] sponsored by the district, information that compares the results of pupils in the school with the results of pupils throughout the school district and throughout this State. The information required by this subparagraph must be provided in consultation with the Department to ensure the accuracy of the comparison.

           (10) Information on whether each school in the district, including, without limitation, each charter school [in] sponsored by the district, has made progress based upon the model adopted by the Department pursuant to NRS 385.3595.

Ê A separate reporting for a group of pupils must not be made pursuant to this paragraph if the number of pupils in that group is insufficient to yield statistically reliable information or the results would reveal personally identifiable information about an individual pupil. The State Board shall prescribe the mechanism for determining the minimum number of pupils that must be in a group for that group to yield statistically reliable information.

     (c) The ratio of pupils to teachers in kindergarten and at each grade level for each elementary school in the district and the district as a whole, including, without limitation, each charter school [in] sponsored by the district, and the average class size for each core academic subject, as set forth in NRS 389.018, for each secondary school in the district and the district as a whole, including, without limitation, each charter school [in] sponsored by the district.

     (d) Information on the professional qualifications of teachers employed by each school in the district and the district as a whole, including, without limitation, each charter school [in] sponsored by the district. The information must include, without limitation:

           (1) The percentage of teachers who are:

                (I) Providing instruction pursuant to NRS 391.125;

                (II) Providing instruction pursuant to a waiver of the requirements for licensure for the grade level or subject area in which the teachers are employed; or

                (III) Otherwise providing instruction without an endorsement for the subject area in which the teachers are employed;

           (2) The percentage of classes in the core academic subjects, as set forth in NRS 389.018, that are not taught by highly qualified teachers;

           (3) The percentage of classes in the core academic subjects, as set forth in NRS 389.018, that are not taught by highly qualified teachers, in the aggregate and disaggregated by high-poverty compared to low-poverty schools, which for the purposes of this subparagraph means schools in the top quartile of poverty and the bottom quartile of poverty in this State;

           (4) For each middle school, junior high school and high school:

                (I) [On and after July 1, 2005, the] The number of persons employed as substitute teachers for 20 consecutive days or more in the same classroom or assignment, designated as long-term substitute teachers, including the total number of days long-term substitute teachers were employed at each school, identified by grade level and subject area; and

                (II) [On and after July 1, 2006, the] The number of persons employed as substitute teachers for less than 20 consecutive days, designated as short-term substitute teachers, including the total number of days short-term substitute teachers were employed at each school, identified by grade level and subject area; and

 


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ê2011 Statutes of Nevada, Page 2321 (Chapter 381, SB 212)ê

 

as short-term substitute teachers, including the total number of days short-term substitute teachers were employed at each school, identified by grade level and subject area; and

           (5) For each elementary school:

                (I) [On and after July 1, 2005, the] The number of persons employed as substitute teachers for 20 consecutive days or more in the same classroom or assignment, designated as long-term substitute teachers, including the total number of days long-term substitute teachers were employed at each school, identified by grade level; and

                (II) [On and after July 1, 2006, the] The number of persons employed as substitute teachers for less than 20 consecutive days, designated as short-term substitute teachers, including the total number of days short-term substitute teachers were employed at each school, identified by grade level.

     (e) The total expenditure per pupil for each school in the district and the district as a whole, including, without limitation, each charter school [in] sponsored by the district. If this State has a financial analysis program that is designed to track educational expenditures and revenues to individual schools, each school district shall use that statewide program in complying with this paragraph. If a statewide program is not available, each school district shall use its own financial analysis program in complying with this paragraph.

     (f) The curriculum used by the school district, including:

           (1) Any special programs for pupils at an individual school; and

           (2) The curriculum used by each charter school [in] sponsored by the district.

     (g) Records of the attendance and truancy of pupils in all grades, including, without limitation:

           (1) The average daily attendance of pupils, for each school in the district and the district as a whole, including, without limitation, each charter school [in] sponsored by the district.

           (2) For each elementary school, middle school and junior high school in the district, including, without limitation, each charter school [in] sponsored by the district that provides instruction to pupils enrolled in a grade level other than high school, information that compares the attendance of the pupils enrolled in the school with the attendance of pupils throughout the district and throughout this State. The information required by this subparagraph must be provided in consultation with the Department to ensure the accuracy of the comparison.

     (h) The annual rate of pupils who drop out of school in grade 8 and a separate reporting of the annual rate of pupils who drop out of school in grades 9 to 12, inclusive, for each such grade, for each school in the district and for the district as a whole. The reporting for pupils in grades 9 to 12, inclusive, excludes pupils who:

           (1) Provide proof to the school district of successful completion of the examinations of general educational development.

           (2) Are enrolled in courses that are approved by the Department as meeting the requirements for an adult standard diploma.

           (3) Withdraw from school to attend another school.

     (i) Records of attendance of teachers who provide instruction, for each school in the district and the district as a whole, including, without limitation, each charter school [in] sponsored by the district.

 


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ê2011 Statutes of Nevada, Page 2322 (Chapter 381, SB 212)ê

 

     (j) Efforts made by the school district and by each school in the district, including, without limitation, each charter school [in] sponsored by the district, to increase:

           (1) Communication with the parents of pupils in the district; and

           (2) The participation of parents in the educational process and activities relating to the school district and each school, including, without limitation, the existence of parent organizations and school advisory committees.

     (k) Records of incidents involving weapons or violence for each school in the district, including, without limitation, each charter school [in] sponsored by the district.

     (l) Records of incidents involving the use or possession of alcoholic beverages or controlled substances for each school in the district, including, without limitation, each charter school [in] sponsored by the district.

     (m) Records of the suspension and expulsion of pupils required or authorized pursuant to NRS 392.466 and 392.467.

     (n) The number of pupils who are deemed habitual disciplinary problems pursuant to NRS 392.4655, for each school in the district and the district as a whole, including, without limitation, each charter school [in] sponsored by the district.

     (o) The number of pupils in each grade who are retained in the same grade pursuant to NRS 392.033 or 392.125, for each school in the district and the district as a whole, including, without limitation, each charter school [in] sponsored by the district.

     (p) The transiency rate of pupils for each school in the district and the district as a whole, including, without limitation, each charter school [in] sponsored by the district. For the purposes of this paragraph, a pupil is not transient if the pupil is transferred to a different school within the school district as a result of a change in the zone of attendance by the board of trustees of the school district pursuant to NRS 388.040.

     (q) Each source of funding for the school district.

     (r) A compilation of the programs of remedial study that are purchased in whole or in part with money received from this State, for each school in the district and the district as a whole, including, without limitation, each charter school sponsored by the district. The compilation must include:

           (1) The amount and sources of money received for programs of remedial study for each school in the district and the district as a whole, including, without limitation, each charter school [in] sponsored by the district.

           (2) An identification of each program of remedial study, listed by subject area.

     (s) For each high school in the district, including, without limitation, each charter school [in] sponsored by the district, the percentage of pupils who graduated from that high school or charter school in the immediately preceding year and enrolled in remedial courses in reading, writing or mathematics at a university, state college or community college within the Nevada System of Higher Education.

     (t) The technological facilities and equipment available at each school, including, without limitation, each charter school [,] sponsored by the district, and the district’s plan to incorporate educational technology at each school.

 


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ê2011 Statutes of Nevada, Page 2323 (Chapter 381, SB 212)ê

 

     (u) For each school in the district and the district as a whole, including, without limitation, each charter school [in] sponsored by the district, the number and percentage of pupils who received:

           (1) A standard high school diploma, reported separately for pupils who received the diploma pursuant to:

                (I) Paragraph (a) of subsection 1 of NRS 389.805; and

                (II) Paragraph (b) of subsection 1 of NRS 389.805.

           (2) An adjusted diploma.

           (3) A certificate of attendance.

     (v) For each school in the district and the district as a whole, including, without limitation, each charter school [in] sponsored by the district, the number and percentage of pupils who failed to pass the high school proficiency examination.

     (w) The number of habitual truants who are reported to a school police officer or law enforcement agency pursuant to paragraph (a) of subsection 2 of NRS 392.144 and the number of habitual truants who are referred to an advisory board to review school attendance pursuant to paragraph (b) of subsection 2 of NRS 392.144, for each school in the district and for the district as a whole.

     (x) The amount and sources of money received for the training and professional development of teachers and other educational personnel for each school in the district and for the district as a whole, including, without limitation, each charter school [in] sponsored by the district.

     (y) Whether the school district has made adequate yearly progress. If the school district has been designated as demonstrating need for improvement pursuant to NRS 385.377, the report must include a statement indicating the number of consecutive years the school district has carried that designation.

     (z) Information on whether each public school in the district, including, without limitation, each charter school [in] sponsored by the district, has made adequate yearly progress, including, without limitation:

           (1) The number and percentage of schools in the district, if any, that have been designated as needing improvement pursuant to NRS 385.3623; and

           (2) The name of each school, if any, in the district that has been designated as needing improvement pursuant to NRS 385.3623 and the number of consecutive years that the school has carried that designation.

     (aa) Information on the paraprofessionals employed by each public school in the district, including, without limitation, each charter school [in] sponsored by the district. The information must include:

           (1) The number of paraprofessionals employed at the school; and

           (2) The number and percentage of all paraprofessionals who do not satisfy the qualifications set forth in 20 U.S.C. § 6319(c). The reporting requirements of this subparagraph apply to paraprofessionals who are employed in positions supported with Title I money and to paraprofessionals who are not employed in positions supported with Title I money.

     (bb) For each high school in the district, including, without limitation, each charter school sponsored by the district that operates as a high school, information that provides a comparison of the rate of graduation of pupils enrolled in the high school with the rate of graduation of pupils throughout the district and throughout this State. The information required by this paragraph must be provided in consultation with the Department to ensure the accuracy of the comparison.

 


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ê2011 Statutes of Nevada, Page 2324 (Chapter 381, SB 212)ê

 

     (cc) An identification of the appropriations made by the Legislature that are available to the school district or the schools within the district and programs approved by the Legislature to improve the academic achievement of pupils.

     (dd) For each school in the district and the district as a whole, including, without limitation, each charter school [in] sponsored by the district, information on pupils enrolled in career and technical education, including, without limitation:

           (1) The number of pupils enrolled in a course of career and technical education;

           (2) The number of pupils who completed a course of career and technical education;

           (3) The average daily attendance of pupils who are enrolled in a program of career and technical education;

           (4) The annual rate of pupils who dropped out of school and were enrolled in a program of career and technical education before dropping out;

           (5) The number and percentage of pupils who completed a program of career and technical education and who received a standard high school diploma, an adjusted diploma or a certificate of attendance; and

           (6) The number and percentage of pupils who completed a program of career and technical education and who did not receive a high school diploma because the pupils failed to pass the high school proficiency examination.

     (ee) Such other information as is directed by the Superintendent of Public Instruction.

     3.  The State Public Charter School Authority and each college or university within the Nevada System of Higher Education that sponsors a charter school shall, on or before August 15 of each year, prepare an annual report of accountability of the charter schools sponsored by the State Public Charter School Authority or institution, as applicable, concerning the accountability information prescribed by the Department pursuant to this section. The Department, in consultation with the State Public Charter School Authority and each college or university within the Nevada System of Higher Education that sponsors a charter school, shall prescribe by regulation the information that must be prepared by the State Public Charter School Authority and institution, as applicable, which must include, without limitation, the information contained in paragraphs (a) to (ee), inclusive, of subsection 2, as applicable to charter schools. The Department shall provide for public dissemination of the annual report of accountability prepared pursuant to this section in the manner set forth in 20 U.S.C. § 6311(h)(2)(E) by posting a copy of the report on the Internet website maintained by the Department.

     4.  The records of attendance maintained by a school for purposes of paragraph (i) of subsection 2 or maintained by a charter school for purposes of the reporting required pursuant to subsection 3 must include the number of teachers who are in attendance at school and the number of teachers who are absent from school. A teacher shall be deemed in attendance if the teacher is excused from being present in the classroom by the school in which the teacher is employed for one of the following reasons:

     (a) Acquisition of knowledge or skills relating to the professional development of the teacher; or

 


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ê2011 Statutes of Nevada, Page 2325 (Chapter 381, SB 212)ê

 

     (b) Assignment of the teacher to perform duties for cocurricular or extracurricular activities of pupils.

     [4.] 5.  The annual report of accountability prepared pursuant to subsection 2 or 3, as applicable, must:

     (a) Comply with 20 U.S.C. § 6311(h)(2) and the regulations adopted pursuant thereto; and

     (b) Be presented in an understandable and uniform format and, to the extent practicable, provided in a language that parents can understand.

     [5.] 6.  The Superintendent of Public Instruction shall:

     (a) Prescribe forms for the reports required pursuant to [subsection 2] subsections 2 and 3 and provide the forms to the respective school districts [.] , the State Public Charter School Authority and each college or university within the Nevada System of Higher Education that sponsors a charter school.

     (b) Provide statistical information and technical assistance to the school districts , the State Public Charter School Authority and each college or university within the Nevada System of Higher Education that sponsors a charter school to ensure that the reports provide comparable information with respect to each school in each district , each charter school and among the districts and charter schools throughout this State.

     (c) Consult with a representative of the:

           (1) Nevada State Education Association;

           (2) Nevada Association of School Boards;

           (3) Nevada Association of School Administrators;

           (4) Nevada Parent Teacher Association;

           (5) Budget Division of the Department of Administration; [and]

           (6) Legislative Counsel Bureau [,] ; and

          (7) Charter School Association of Nevada,

Ê concerning the program and consider any advice or recommendations submitted by the representatives with respect to the program.

     [6.] 7.  The Superintendent of Public Instruction may consult with representatives of parent groups other than the Nevada Parent Teacher Association concerning the program and consider any advice or recommendations submitted by the representatives with respect to the program.

     [7.] 8.  On or before August 15 of each year [, the] :

     (a) The board of trustees of each school district shall submit to each advisory board to review school attendance created in the county pursuant to NRS 392.126 the information required in paragraph (g) of subsection 2.

     [8.] (b) The State Public Charter School Authority and each college or university within the Nevada System of Higher Education that sponsors a charter school shall submit to each advisory board to review school attendance created in a county pursuant to NRS 392.126 the information regarding the records of the attendance and truancy of pupils enrolled in the charter school located in that county, if any, in accordance with the regulations prescribed by the Department pursuant to subsection 3.

     9.  On or before August 15 of each year [, the] :

     (a) The board of trustees of each school district , the State Public Charter School Authority and each college or university within the Nevada System of Higher Education that sponsors a charter school shall [:

     (a) Provide] provide written notice that the report required pursuant to subsection 2 or 3, as applicable, is available on the Internet website maintained by the school district, State Public Charter School Authority or institution, if any, or otherwise provide written notice of the availability of the report.

 


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ê2011 Statutes of Nevada, Page 2326 (Chapter 381, SB 212)ê

 

maintained by the school district, State Public Charter School Authority or institution, if any, or otherwise provide written notice of the availability of the report. The written notice must be provided to the:

           (1) Governor;

           (2) State Board;

           (3) Department;

           (4) Committee; and

           (5) Bureau.

     (b) [Provide] The board of trustees of each school district, the State Public Charter School Authority and each college or university within the Nevada System of Higher Education that sponsors a charter school shall provide for public dissemination of the annual report of accountability prepared pursuant to subsection 2 or 3, as applicable, in the manner set forth in 20 U.S.C. § 6311(h)(2)(E) by posting a copy of the report on the Internet website maintained by the school district, the State Public Charter School Authority or the institution, if any. If a school district does not maintain a website, the district shall otherwise provide for public dissemination of the annual report by providing a copy of the report to the schools in the school district, including, without limitation, each charter school [in] sponsored by the district, the residents of the district, and the parents and guardians of pupils enrolled in schools in the district, including, without limitation, each charter school [in] sponsored by the district.

     [9.]  If the State Public Charter School Authority or the institution does not maintain a website, the State Public Charter School Authority or the institution, as applicable, shall otherwise provide for public dissemination of the annual report by providing a copy of the report to each charter school it sponsors and the parents and guardians of pupils enrolled in each charter school it sponsors.

     10.  Upon the request of the Governor, an entity described in paragraph (a) of subsection [8] 9 or a member of the general public, the board of trustees of a school district , the State Public Charter School Authority or a college or university within the Nevada System of Higher Education that sponsors a charter school, as applicable, shall provide a portion or portions of the report required pursuant to subsection 2 [.

     10.] or 3, as applicable.

     11.  As used in this section:

     (a) “Highly qualified” has the meaning ascribed to it in 20 U.S.C. § 7801(23).

     (b) “Paraprofessional” has the meaning ascribed to it in NRS 391.008.

     Sec. 3.  NRS 385.349 is hereby amended to read as follows:

     385.349  1.  The board of trustees of each school district , the State Public Charter School Authority and each college or university within the Nevada System of Higher Education that sponsors a charter school shall prepare a summary of the annual report of accountability prepared pursuant to NRS 385.347 on the form prescribed by the Department pursuant to subsection 3 or an expanded form, as applicable. The summary must include, without limitation:

     (a) [The] If prepared by a school district, the information set forth in subsection 1 of NRS 385.34692, reported for the school district as a whole and for each school within the school district;

     (b) If prepared by the State Public Charter School Authority or a college or university within the Nevada System of Higher Education, the information set forth in subsection 1 of NRS 385.34692, reported for the charter schools sponsored by the State Public Charter School Authority or the institution, as applicable.

 


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information set forth in subsection 1 of NRS 385.34692, reported for the charter schools sponsored by the State Public Charter School Authority or the institution, as applicable.

     (c) Information on the involvement of parents and legal guardians in the education of their children; and

     [(c)] (d) Other information required by the Superintendent of Public Instruction in consultation with the Bureau.

     2.  The summary prepared pursuant to subsection 1 must:

     (a) Comply with 20 U.S.C. § 6311(h)(2) and the regulations adopted pursuant thereto; and

     (b) Be presented in an understandable and uniform format and, to the extent practicable, provided in a language that parents will likely understand.

     3.  The Department shall, in consultation with the Bureau , [and] the school districts, the State Public Charter School Authority and each college or university within the Nevada System of Higher Education that sponsors a charter school, prescribe a form that contains the basic information required by subsection 1. The board of trustees of a school district , the State Public Charter School Authority or a college or university may use an expanded form that contains additions to the form prescribed by the Department if the basic information contained in the expanded form complies with the form prescribed by the Department.

     4.  On or before September 7 of each year, the board of trustees of each school district , the State Public Charter School Authority and each college or university within the Nevada System of Higher Education that sponsors a charter school shall:

     (a) Submit the summary in an electronic format to the:

           (1) Governor;

           (2) State Board;

           (3) Department;

           (4) Committee;

           (5) Bureau; and

           (6) Schools within the school district [.] or charter schools, as applicable.

     (b) Provide for the public dissemination of the summary of the school district, the State Public Charter School Authority or the college or university, as applicable, by posting a copy of the summary on the Internet website maintained by the school district, the State Public Charter School Authority or institution, if any. If a school district , the State Public Charter School Authority or an institution does not maintain a website, the district , the State Public Charter School Authority or institution, as applicable, shall otherwise provide for public dissemination of the summary. The board of trustees of each school district , the State Public Charter School Authority or an institution shall ensure that the parents and guardians of pupils enrolled in the school district or each charter school, as applicable, have sufficient information concerning the availability of the summary, including, without limitation, information that describes how to access the summary on the Internet website maintained by the school district, the State Public Charter School Authority or the institution, if any. Upon the request of a parent or legal guardian, the school district , the State Public Charter School Authority or an institution, as applicable, shall provide the parent or legal guardian with a written copy of the summary.

 


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     [5.  The board of trustees of each school district shall report the information required by this section for each charter school that is located within the school district, regardless of the sponsor of the charter school. The information for charter schools must be reported separately and must denote the charter schools sponsored by the school district, the charter schools sponsored by the State Board and the charter schools sponsored by a college or university within the Nevada System of Higher Education.]

     Sec. 4.  NRS 385.357 is hereby amended to read as follows:

     385.357  1.  Except as otherwise provided in NRS 385.37603 and 385.37607, the principal of each school, including, without limitation, each charter school, shall, in consultation with the employees of the school, prepare a plan to improve the achievement of the pupils enrolled in the school.

     2.  The plan developed pursuant to subsection 1 must include:

     (a) A review and analysis of the data pertaining to the school upon which the report required pursuant to subsection 2 or 3 of NRS 385.347 , as applicable, is based and a review and analysis of any data that is more recent than the data upon which the report is based.

     (b) The identification of any problems or factors at the school that are revealed by the review and analysis.

     (c) Strategies based upon scientifically based research, as defined in 20 U.S.C. § 7801(37), that will strengthen the core academic subjects, as defined in NRS 389.018.

     (d) Policies and practices concerning the core academic subjects which have the greatest likelihood of ensuring that each group of pupils identified in paragraph (b) of subsection 1 of NRS 385.361 who are enrolled in the school will make adequate yearly progress and meet the minimum level of proficiency prescribed by the State Board.

     (e) Annual measurable objectives, consistent with the annual measurable objectives established by the State Board pursuant to NRS 385.361, for the continuous and substantial progress by each group of pupils identified in paragraph (b) of subsection 1 of that section who are enrolled in the school to ensure that each group will make adequate yearly progress and meet the level of proficiency prescribed by the State Board.

     (f) Strategies, consistent with the policy adopted pursuant to NRS 392.457 by the board of trustees of the school district in which the school is located, to promote effective involvement by parents and families of pupils enrolled in the school in the education of their children.

     (g) As appropriate, programs of remedial education or tutoring to be offered before and after school, during the summer, or between sessions if the school operates on a year-round calendar for pupils enrolled in the school who need additional instructional time to pass or to reach a level considered proficient.

     (h) Strategies to improve the academic achievement of pupils enrolled in the school, including, without limitation, strategies to:

           (1) Instruct pupils who are not achieving to their fullest potential, including, without limitation:

                (I) The curriculum appropriate to improve achievement;

                (II) The manner by which the instruction will improve the achievement and proficiency of pupils on the examinations administered pursuant to NRS 389.015 and 389.550; and

 


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                (III) An identification of the instruction and curriculum that is specifically designed to improve the achievement and proficiency of pupils in each group identified in paragraph (b) of subsection 1 of NRS 385.361;

           (2) Increase the rate of attendance of pupils and reduce the number of pupils who drop out of school;

           (3) Integrate technology into the instructional and administrative programs of the school;

           (4) Manage effectively the discipline of pupils; and

           (5) Enhance the professional development offered for the teachers and administrators employed at the school to include the activities set forth in 20 U.S.C. § 7801(34) and to address the specific needs of pupils enrolled in the school, as deemed appropriate by the principal.

     (i) An identification, by category, of the employees of the school who are responsible for ensuring that the plan is carried out effectively.

     (j) In consultation with the school district or governing body, as applicable, an identification, by category, of the employees of the school district or governing body, if any, who are responsible for ensuring that the plan is carried out effectively or for overseeing and monitoring whether the plan is carried out effectively.

     (k) In consultation with the Department, an identification, by category, of the employees of the Department, if any, who are responsible for overseeing and monitoring whether the plan is carried out effectively.

     (l) For each provision of the plan, a timeline for carrying out that provision, including, without limitation, a timeline for monitoring whether the provision is carried out effectively.

     (m) For each provision of the plan, measurable criteria for determining whether the provision has contributed toward improving the academic achievement of pupils, increasing the rate of attendance of pupils and reducing the number of pupils who drop out of school.

     (n) The resources available to the school to carry out the plan. If this State has a financial analysis program that is designed to track educational expenditures and revenues to individual schools, each school shall use that statewide program in complying with this paragraph. If a statewide program is not available, each school shall use the financial analysis program used by the school district in which the school is located in complying with this paragraph.

     (o) A summary of the effectiveness of appropriations made by the Legislature that are available to the school to improve the academic achievement of pupils and programs approved by the Legislature to improve the academic achievement of pupils.

     (p) A budget of the overall cost for carrying out the plan.

     3.  In addition to the requirements of subsection 2, if a school has been designated as demonstrating need for improvement pursuant to NRS 385.3623, the plan must comply with 20 U.S.C. § 6316(b)(3) and the regulations adopted pursuant thereto.

     4.  Except as otherwise provided in subsection 5, the principal of each school shall, in consultation with the employees of the school:

     (a) Review the plan prepared pursuant to this section annually to evaluate the effectiveness of the plan; and

     (b) Based upon the evaluation of the plan, make revisions, as necessary, to ensure that the plan is designed to improve the academic achievement of pupils enrolled in the school.

 


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     5.  If a school has been designated as demonstrating need for improvement pursuant to NRS 385.3623 and a support team has been established for the school, the support team shall review the plan and make revisions to the most recent plan for improvement of the school pursuant to NRS 385.36127. If the school is a Title I school that has been designated as demonstrating need for improvement, the support team established for the school shall, in making revisions to the plan, work in consultation with parents and guardians of pupils enrolled in the school and, to the extent deemed appropriate by the entity responsible for creating the support team, outside experts.

     6.  On or before November 1 of each year, the principal of each school or the support team established for the school, as applicable, shall submit the plan or the revised plan, as applicable, to:

     (a) If the school is a public school of the school district, the superintendent of schools of the school district.

     (b) If the school is a charter school, the governing body of the charter school.

     7.  If a Title I school is designated as demonstrating need for improvement pursuant to NRS 385.3623, the superintendent of schools of the school district or the governing body, as applicable, shall carry out a process for peer review of the plan or the revised plan, as applicable, in accordance with 20 U.S.C. § 6316(b)(3)(E) and the regulations adopted pursuant thereto. Not later than 45 days after receipt of the plan, the superintendent of schools of the school district or the governing body, as applicable, shall approve the plan or the revised plan, as applicable, if it meets the requirements of 20 U.S.C. § 6316(b)(3) and the regulations adopted pursuant thereto and the requirements of this section. The superintendent of schools of the school district or the governing body, as applicable, may condition approval of the plan or the revised plan, as applicable, in the manner set forth in 20 U.S.C. § 6316(b)(3)(B) and the regulations adopted pursuant thereto. The State Board shall prescribe the requirements for the process of peer review, including, without limitation, the qualifications of persons who may serve as peer reviewers.

     8.  If a school is designated as demonstrating exemplary achievement, high achievement or adequate achievement, or if a school that is not a Title I school is designated as demonstrating need for improvement, not later than 45 days after receipt of the plan or the revised plan, as applicable, the superintendent of schools of the school district or the governing body, as applicable, shall approve the plan or the revised plan if it meets the requirements of this section.

     9.  On or before December 15 of each year, the principal of each school or the support team established for the school, as applicable, shall submit the final plan or the final revised plan, as applicable, to the:

     (a) Superintendent of Public Instruction;

     (b) Governor;

     (c) State Board;

     (d) Department;

     (e) Committee;

     (f) Bureau; and

     (g) Board of trustees of the school district in which the school is located [.] or, if the school is a charter school, the sponsor of the charter school and the governing body of the charter school.

 


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     10.  A plan for the improvement of a school must be carried out expeditiously, but not later than January 1 after approval of the plan pursuant to subsection 7 or 8, as applicable.

     Sec. 5.  NRS 385.358 is hereby amended to read as follows:

     385.358  1.  The principal of each public school, including, without limitation, each charter school, shall prepare a summary of accountability information on the form prescribed by the Department pursuant to subsection 3 or an expanded form, as applicable. The summary must include, without limitation:

     (a) The information set forth in subsection 1 of NRS 385.34692, reported only for the school;

     (b) Information on the involvement of parents and legal guardians in the education of their children; and

     (c) Such other information as is directed by the Superintendent of Public Instruction in consultation with the Bureau.

     2.  The summary prepared pursuant to subsection 1 must be presented in an understandable and uniform format and, to the extent practicable, provided in a language that parents will likely understand.

     3.  The Department shall, in consultation with the Bureau , [and] the school districts, the State Public Charter School Authority and each college or university within the Nevada System of Higher Education that sponsors a charter school, prescribe a form that contains the basic information required by subsection 1. The principal of a school may use an expanded form that contains additions to the form prescribed by the Department if the basic information contained in the expanded form complies with the form prescribed by the Department.

     4.  On or before September 7 of each year:

     (a) The principal of each public school shall submit the summary in electronic format to the:

           (1) Department;

           (2) Bureau; and

           (3) Board of trustees of the school district in which the school is located [.] or, if the school is a charter school, to the sponsor of the charter school and the governing body of the charter school.

     (b) The school district in which the school is located shall ensure that the summary is posted on the Internet website maintained by the school, if any, or the Internet website maintained by the school district, if any. The sponsor of a charter school shall ensure that each summary of the charter school is posted on the Internet website maintained by the charter school, if any, or the Internet website maintained by the sponsor, if any. If the summary is not posted on the website of the school , [or] the school district [,] or the sponsor of the charter school, as applicable, the school district or the sponsor of the charter school, as applicable, shall otherwise provide for public dissemination of the summary.

     (c) The principal of each public school shall ensure that the parents and legal guardians of the pupils enrolled in the school have sufficient information concerning the availability of the summary, including, without limitation, information that describes how to access the summary on the Internet website, if any, and how a parent or guardian may otherwise access the summary.

 


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     (d) The principal of each public school shall provide a written copy of the summary to each parent and legal guardian of a pupil enrolled in the school.

     Sec. 6.  NRS 385.359 is hereby amended to read as follows:

     385.359  1.  The Bureau shall contract with a person or entity to:

     (a) Review and analyze, in accordance with the standards prescribed by the Committee pursuant to subsection 2 of NRS 218E.615, the:

           (1) Annual report of accountability prepared by:

                (I) The State Board pursuant to NRS 385.3469; [and]

                (II) The board of trustees of each school district pursuant to subsection 2 of NRS 385.347 [.] ; and

                (III) The State Public Charter School Authority and each college or university within the Nevada System of Higher Education that sponsors a charter school pursuant to subsection 3 of NRS 385.347.

           (2) Plan to improve the achievement of pupils prepared by:

                (I) The State Board pursuant to NRS 385.34691;

                (II) The board of trustees of each school district pursuant to NRS 385.348; and

                (III) Each school pursuant to NRS 385.357 identified by the Bureau for review, if any, or if such a plan has not been prepared, the turnaround plan for the schools identified by the Bureau, if any, implemented pursuant to NRS 385.37603 or the plan for restructuring the school implemented pursuant to NRS 385.37607, as applicable.

     (b) Submit a written report to and consult with the State Board and the Department regarding any methods by which the State Board may improve the accuracy of the report of accountability required pursuant to NRS 385.3469 and the plan to improve the achievement of pupils required pursuant to NRS 385.34691, and the purposes for which the report and plan to improve are used.

     (c) Submit a written report to and consult with each school district , the State Public Charter School Authority and each college or university within the Nevada System of Higher Education that sponsors a charter school, as applicable, regarding any methods by which the district , the State Public Charter School Authority or the institution may improve the accuracy of the report required pursuant to subsection 2 or 3 of NRS 385.347 , as applicable, and the plan to improve the achievement of pupils required pursuant to NRS 385.348, and the purposes for which the report and plan to improve are used.

     (d) If requested by the Bureau, submit a written report to and consult with individual schools identified by the Bureau regarding any methods by which the school may improve the accuracy of the information required to be reported for the school pursuant to subsection 2 or 3 of NRS 385.347 , as applicable, and the:

           (1) Plan to improve the achievement of pupils required pursuant to NRS 385.357;

           (2) Turnaround plan for the school implemented pursuant to NRS 385.37603; or

           (3) Plan for restructuring the school implemented pursuant to NRS 385.37607,

Ê whichever is applicable for the school.

     (e) Submit written reports and any recommendations to the Committee and the Bureau concerning:

 


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           (1) The effectiveness of the provisions of NRS 385.3455 to 385.391, inclusive, in improving the accountability of the schools of this State;

           (2) The status of each school district that is designated as demonstrating need for improvement pursuant to NRS 385.377 and each school that is designated as demonstrating need for improvement pursuant to NRS 385.3623; and

           (3) Any other matter related to the accountability of the public schools of this State, as deemed necessary by the Bureau.

     2.  The consultant with whom the Bureau contracts to perform the duties required pursuant to subsection 1 must possess the experience and knowledge necessary to perform those duties, as determined by the Committee.

     Sec. 7.  NRS 385.36127 is hereby amended to read as follows:

     385.36127  1.  If a school support team is established pursuant to the regulations adopted by the State Board pursuant to NRS 385.361, the support team shall:

     (a) Review and analyze the operation of the school, including, without limitation, the design and operation of the instructional program of the school.

     (b) Review and analyze the data pertaining to the school upon which the report required pursuant to subsection 2 or 3 of NRS 385.347 , as applicable, is based and review and analyze any data that is more recent than the data upon which the report is based.

     (c) Review the most recent plan to improve the achievement of the school’s pupils.

     (d) Review the information concerning the educational involvement accords provided to the support team pursuant to NRS 392.4575 and the information concerning the reports provided to the support team pursuant to NRS 392.456.

     (e) Identify and investigate the problems and factors at the school that contributed to the designation of the school as demonstrating need for improvement.

     (f) Assist the school in developing recommendations for improving the performance of pupils who are enrolled in the school.

     (g) Except as otherwise provided in this paragraph, make recommendations to the board of trustees of the school district, the State Board and the Department concerning additional assistance for the school in carrying out the plan for improvement of the school, the turnaround plan for the school or the plan for restructuring the school, whichever is applicable for the school. For a charter school sponsored by the State [Board,] Public Charter School Authority, the support team shall make the recommendations to the State [Board] Public Charter School Authority and the Department. For a charter school sponsored by a college or university within the Nevada System of Higher Education, the support team shall make the recommendations to the sponsor [, the State Board] and the Department.

     (h) In accordance with its findings pursuant to this section and NRS 385.36129, submit, on or before November 1, written revisions to the most recent plan to improve the achievement of the school’s pupils for approval pursuant to NRS 385.357, or submit, on or before May 1, written recommendations for revisions to the turnaround plan for the school implemented pursuant to NRS 385.37603 or the plan for restructuring the school implemented pursuant to NRS 385.37607, whichever is applicable for the school.

 


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school implemented pursuant to NRS 385.37607, whichever is applicable for the school. The written revisions or recommendations, as applicable, must:

           (1) Comply with NRS 385.357 if the school has demonstrated need for improvement for less than 5 years or with NRS 385.37603 or 385.37607, as applicable, if the school has demonstrated need for improvement for 5 or more consecutive years;

           (2) If the school is a Title I school, be developed in consultation with parents and guardians of pupils enrolled in the school and, to the extent deemed appropriate by the entity that created the support team, outside experts;

           (3) Include the data and findings of the support team that provide support for the revisions;

           (4) Set forth goals, objectives, tasks and measures for the school that are:

                (I) Designed to improve the achievement of the school’s pupils;

                (II) Specific;

                (III) Measurable; and

                (IV) Conducive to reliable evaluation;

           (5) Set forth a timeline to carry out the revisions;

          (6) Set forth priorities for the school in carrying out the revisions; and

           (7) Set forth the name and duties of each person who is responsible for carrying out the revisions.

     (i) Except as otherwise provided in this paragraph, work cooperatively with the board of trustees of the school district in which the school is located, the employees of the school, and the parents and guardians of pupils enrolled in the school to carry out and monitor the plan for improvement of the school. If a charter school is sponsored by the State [Board, the Department] Public Charter School Authority, the State Public Charter School Authority shall assist the school with carrying out and monitoring the plan for improvement of the school. If a charter school is sponsored by a college or university within the Nevada System of Higher Education, [that] the institution that sponsors the charter school shall assist the school with carrying out and monitoring the plan for improvement of the school.

     (j) Prepare a quarterly progress report in the format prescribed by the Department and:

           (1) Submit the progress report to the Department.

           (2) Distribute copies of the progress report to each employee of the school for review.

     (k) In addition to the requirements of this section, if the support team is established for a Title I school, carry out the requirements of 20 U.S.C. § 6317(a)(5).

     2.  A school support team may require the school for which the support team was established to submit plans, strategies, tasks and measures that, in the determination of the support team, will assist the school in improving the achievement and proficiency of pupils enrolled in the school.

     3.  The Department shall prescribe a concise quarterly progress report for use by each support team in accordance with paragraph (j) of subsection 1.

 


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     Sec. 8.  NRS 385.36129 is hereby amended to read as follows:

     385.36129  1.  In addition to the duties prescribed in NRS 385.36127, a support team established for a school shall prepare an annual written report that includes:

     (a) Information concerning the most recent plan to improve the achievement of the school’s pupils, the turnaround plan for the school or the plan for restructuring the school, whichever is applicable for the school, including, without limitation, an evaluation of:

           (1) The appropriateness of the plan for the school; and

           (2) Whether the school has achieved the goals and objectives set forth in the plan;

     (b) The written revisions to the plan to improve the achievement of the school’s pupils or written recommendations for revisions to the turnaround plan for the school or the plan for restructuring the school, whichever is applicable for the school, submitted by the support team pursuant to NRS 385.36127;

     (c) A summary of each program for remediation, if any, purchased for the school with money that is available from the Federal Government, this state and the school district in which the school is located, including, without limitation:

           (1) The name of the program;

           (2) The date on which the program was purchased and the date on which the program was carried out by the school;

           (3) The percentage of personnel at the school who were trained regarding the use of the program;

           (4) The satisfaction of the personnel at the school with the program; and

           (5) An evaluation of whether the program has improved the academic achievement of the pupils enrolled in the school who participated in the program;

     (d) An analysis of the problems and factors at the school which contributed to the designation of the school as demonstrating need for improvement, including, without limitation, issues relating to:

           (1) The financial resources of the school;

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

           (3) The curriculum of the school;

           (4) The facilities available at the school, including the availability and accessibility of educational technology; and

           (5) Any other factors that the support team believes contributed to the designation of the school as demonstrating need for improvement; and

     (e) Other information concerning the school, including, without limitation:

           (1) The results of the pupils who are enrolled in the school on the examinations that are administered pursuant to NRS 389.550 or the high school proficiency examination, as applicable;

           (2) Records of the attendance and truancy of pupils who are enrolled in the school;

           (3) The transiency rate of pupils who are enrolled in the school;

           (4) A description of the number of years that each teacher has provided instruction at the school and the rate of turnover of teachers and other educational personnel employed at the school;

 


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           (5) A description of the participation of parents and legal guardians in the educational process and other activities relating to the school;

           (6) A description of each source of money for the remediation of pupils who are enrolled in the school; [and]

           (7) [A] Except as otherwise provided in subparagraph (8), a description of the disciplinary problems of the pupils who are enrolled in the school, including, without limitation, the information contained in paragraphs (k) to (n), inclusive, of subsection 2 of NRS 385.347 [.] ; and

           (8) For a charter school, a description of the disciplinary problems of the pupils enrolled in the charter school as reported in the annual report of accountability prepared by the State Public Charter School Authority or the college or university within the Nevada System of Higher Education that sponsors the charter school, as applicable, pursuant to subsection 3 of NRS 385.347.

     2.  On or before November 1, the support team of a school other than a charter school shall submit a copy of the final written report to the:

     (a) Principal of the school;

     (b) Board of trustees of the school district in which the school is located;

     (c) Superintendent of schools of the school district in which the school is located;

     (d) Department; and

     (e) Bureau.

Ê The support team shall make the written report available, upon request, to each parent or legal guardian of a pupil who is enrolled in the school.

     3.  On or before November 1, the support team for a charter school shall submit a copy of the final written report to the:

     (a) Principal of the charter school;

     (b) Sponsor of the charter school;

     (c) Governing body of the charter school;

     (d) Department; and

     (e) Bureau.

Ê The support team shall make the written report available, upon request, to each parent or legal guardian of a pupil who is enrolled in the charter school.

     Sec. 9.  NRS 385.3613 is hereby amended to read as follows:

     385.3613  1.  Except as otherwise provided in subsection 2, on or before June 15 of each year, the Department shall determine whether each public school is making adequate yearly progress, as defined by the State Board pursuant to NRS 385.361.

     2.  On or before June 30 of each year, the Department shall determine whether each public school that operates on a schedule other than a traditional 9-month schedule is making adequate yearly progress, as defined by the State Board pursuant to NRS 385.361.

     3.  The determination pursuant to subsection 1 or 2, as applicable, for a public school, including, without limitation, a charter school sponsored by the board of trustees of the school district, must be made in consultation with the board of trustees of the school district in which the public school is located. If a charter school is sponsored by the State [Board] Public Charter School Authority or by a college or university within the Nevada System of Higher Education, the Department shall make a determination for the charter school in consultation with the State [Board] Public Charter School Authority or the institution within the Nevada System of Higher Education that sponsors the charter school, as applicable.

 


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that sponsors the charter school, as applicable. The determination made for each school must be based only upon the information and data for those pupils who are enrolled in the school for a full academic year. On or before June 15 or June 30 of each year, as applicable, the Department shall transmit:

     (a) Except as otherwise provided in paragraph (b) or (c), the determination made for each public school to the board of trustees of the school district in which the public school is located.

     (b) To the State [Board] Public Charter School Authority the determination made for each charter school that is sponsored by the State [Board.] Public Charter School Authority.

     (c) The determination made for the charter school to the institution that sponsors the charter school if a charter school is sponsored by a college or university within the Nevada System of Higher Education.

     4.  Except as otherwise provided in this subsection, the Department shall determine that a public school has failed to make adequate yearly progress if any group identified in paragraph (b) of subsection 1 of NRS 385.361 does not satisfy the annual measurable objectives established by the State Board pursuant to that section. To comply with 20 U.S.C. § 6311(b)(2)(I) and the regulations adopted pursuant thereto, the State Board shall prescribe by regulation the conditions under which a school shall be deemed to have made adequate yearly progress even though a group identified in paragraph (b) of subsection 1 of NRS 385.361 did not satisfy the annual measurable objectives of the State Board.

     5.  In addition to the provisions of subsection 4, the Department shall determine that a public school has failed to make adequate yearly progress if:

     (a) The number of pupils enrolled in the school who took the examinations administered pursuant to NRS 389.550 or the high school proficiency examination, as applicable, is less than 95 percent of all pupils enrolled in the school who were required to take the examinations; or

     (b) Except as otherwise provided in subsection 6, for each group of pupils identified in paragraph (b) of subsection 1 of NRS 385.361, the number of pupils in the group enrolled in the school who took the examinations administered pursuant to NRS 389.550 or the high school proficiency examination, as applicable, is less than 95 percent of all pupils in that group enrolled in the school who were required to take the examinations.

     6.  If the number of pupils in a particular group who are enrolled in a public school is insufficient to yield statistically reliable information:

     (a) The Department shall not determine that the school has failed to make adequate yearly progress pursuant to paragraph (b) of subsection 5 based solely upon that particular group.

     (b) The pupils in such a group must be included in the overall count of pupils enrolled in the school who took the examinations.

Ê The State Board shall prescribe the mechanism for determining the number of pupils that must be in a group for that group to yield statistically reliable information.

     7.  If an irregularity in testing administration or an irregularity in testing security occurs at a school and the irregularity invalidates the test scores of pupils, those test scores must be included in the scores of pupils reported for the school, the attendance of those pupils must be counted towards the total number of pupils who took the examinations and the pupils must be included in the total number of pupils who were required to take the examinations.

     8.  As used in this section:

 


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     (a) “Irregularity in testing administration” has the meaning ascribed to it in NRS 389.604.

     (b) “Irregularity in testing security” has the meaning ascribed to it in NRS 389.608.

     Sec. 10.  NRS 385.362 is hereby amended to read as follows:

     385.362  1.  If a public school fails to make adequate yearly progress for 1 year:

     (a) Except as otherwise provided in [paragraph (b),] paragraphs (b) and (c), the board of trustees of the school district in which the school is located shall ensure that the school receives technical assistance in the manner set forth in 20 U.S.C. § 6316(b)(4) and the regulations adopted pursuant thereto. For a charter school sponsored by the school district, the board of trustees shall provide the technical assistance to the charter school in conjunction with the governing body of the charter school.

     (b) For a charter school sponsored by the State Public Charter School Authority, the State Public Charter School Authority shall ensure, in conjunction with the governing body of the charter school, that the charter school receives technical assistance in the manner set forth in 20 U.S.C. § 6316(b)(4) and the regulations adopted pursuant thereto.

     (c) For a charter school sponsored by [the State Board or by] a college or university within the Nevada System of Higher Education, the Department shall ensure, in conjunction with the governing body of the charter school, that the charter school receives technical assistance in the manner set forth in 20 U.S.C. § 6316(b)(4) and the regulations adopted pursuant thereto.

     2.  If a public school fails to make adequate yearly progress for 1 year, the principal of the school shall ensure that the plan to improve the achievement of pupils enrolled in the school is reviewed, revised and approved in accordance with NRS 385.357.

     Sec. 11.  NRS 385.366 is hereby amended to read as follows:

     385.366  1.  Based upon the information received from the Department pursuant to NRS 385.3613, the board of trustees of each school district shall, on or before July 1 of each year, issue a preliminary designation for each public school in the school district in accordance with the criteria set forth in NRS 385.3623, excluding charter schools sponsored by the State [Board] Public Charter School Authority or by a college or university within the Nevada System of Higher Education. The board of trustees shall make preliminary designations for all charter schools that are sponsored by the board of trustees. The Department shall make preliminary designations for all charter schools that are sponsored by the State [Board] Public Charter School Authority and all charter schools sponsored by a college or university within the Nevada System of Higher Education. The initial designation of a school as demonstrating need for improvement must be based upon 2 consecutive years of data and information for that school.

     2.  Before making a final designation for a school, the board of trustees of the school district or the Department, as applicable, shall provide the school an opportunity to review the data upon which the preliminary designation is based and to present evidence in the manner set forth in 20 U.S.C. § 6316(b)(2) and the regulations adopted pursuant thereto. If the school is a public school of the school district or a charter school sponsored by the board of trustees, the board of trustees of the school district shall, in consultation with the Department, make a final determination concerning the designation for the school on August 1. If the school is a charter school sponsored by the State [Board] Public Charter School Authority or by a college or university within the Nevada System of Higher Education, the Department shall make a final determination concerning the designation for the school on August 1.

 


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sponsored by the State [Board] Public Charter School Authority or by a college or university within the Nevada System of Higher Education, the Department shall make a final determination concerning the designation for the school on August 1.

     3.  On or before August 1 of each year, the Department shall provide written notice of the determinations made pursuant to NRS 385.3613 and the final designations made pursuant to this section as follows:

     (a) The determinations and final designations made for all schools in this State to the:

           (1) Governor;

           (2) State Board;

           (3) Committee; and

           (4) Bureau.

     (b) The determinations and final designations made for all schools within a school district to the:

           (1) Superintendent of schools of the school district; and

           (2) Board of trustees of the school district.

     (c) The determination and final designation made for each school to the principal of the school.

     (d) The determination and final designation made for each charter school to the sponsor of the charter school.

     Sec. 12.  NRS 385.3661 is hereby amended to read as follows:

     385.3661  1.  Except as otherwise provided in subsection 2, if a public school is designated as demonstrating need for improvement pursuant to NRS 385.3623 and the provisions of NRS 385.3693, 385.3721, 385.3745, 385.3746, 385.37603 or 385.37607 do not apply, the board of trustees of the school district shall:

     (a) Provide notice of the designation to the parents and guardians of pupils enrolled in the school on the form prescribed by the Department pursuant to NRS 385.382; and

     (b) Ensure that the school receives technical assistance in the manner set forth in 20 U.S.C. § 6316(b)(4) and the regulations adopted pursuant thereto.

     2.  If a charter school is designated as demonstrating need for improvement pursuant to NRS 385.3623 and the provisions of NRS 385.3693, 385.3721, 385.3745, 385.3746, 385.37603 or 385.37607 do not apply:

     (a) The governing body of the charter school shall provide notice of the designation to the parents and guardians of pupils enrolled in the charter school on the form prescribed by the Department pursuant to NRS 385.382.

     (b) For a charter school sponsored by the board of trustees of a school district, the board of trustees shall, in conjunction with the governing body of the charter school, ensure that the charter school receives technical assistance in the manner set forth in 20 U.S.C. § 6316(b)(4) and the regulations adopted pursuant thereto.

     (c) For a charter school sponsored by the State Public Charter School Authority, the State Public Charter School Authority shall, in conjunction with the governing body of the charter school, ensure that the charter school receives technical assistance in the manner set forth in 20 U.S.C. § 6316(b)(4) and the regulations adopted pursuant thereto.

     (d) For a charter school sponsored by [the State Board or by] a college or university within the Nevada System of Higher Education, the Department shall, in conjunction with the governing body of the charter school, ensure that the charter school receives technical assistance in the manner set forth in 20 U.S.C. § 6316(b)(4) and the regulations adopted pursuant thereto.

 


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that the charter school receives technical assistance in the manner set forth in 20 U.S.C. § 6316(b)(4) and the regulations adopted pursuant thereto.

     3.  In addition to the requirements of subsection 1 or 2, as applicable, if a Title I school is designated as demonstrating need for improvement pursuant to NRS 385.3623 and the provisions of NRS 385.3693, 385.3721, 385.3745, 385.3746, 385.37603 or 385.37607 do not apply:

     (a) Except as otherwise provided in [paragraph (b),] paragraphs (b) and (c), the board of trustees of the school district shall provide school choice to the parents and guardians of pupils enrolled in the school, including, without limitation, a charter school sponsored by the school district, in accordance with 20 U.S.C. § 6316(b)(1) and the regulations adopted pursuant thereto.

     (b) For a charter school sponsored by the State Public Charter School Authority, the State Public Charter School Authority shall work cooperatively with the board of trustees of the school district in which the pupil resides to provide school choice to the parent or guardian of each pupil enrolled in the charter school in accordance with 20 U.S.C. § 6316(b)(1) and the regulations adopted pursuant thereto.

     (c) For a charter school sponsored by [the State Board or by] a college or university within the Nevada System of Higher Education, the Department shall work cooperatively with the board of trustees of the school district in which the [charter school is located] pupil resides to provide school choice to the [parents and guardians of pupils] parent or guardian of each pupil enrolled in the charter school in accordance with 20 U.S.C. § 6316(b)(1) and the regulations adopted pursuant thereto.

     Sec. 13.  NRS 385.3693 is hereby amended to read as follows:

     385.3693  1.  Except as otherwise provided in subsection 2, if a public school is designated as demonstrating need for improvement pursuant to NRS 385.3623 for 2 consecutive years, the board of trustees of the school district shall:

     (a) Provide notice of the designation to the parents and guardians of pupils enrolled in the school on the form prescribed by the Department pursuant to NRS 385.382; and

     (b) Ensure that the school receives technical assistance in the manner set forth in 20 U.S.C. § 6316(b)(4) and the regulations adopted pursuant thereto.

     2.  If a charter school is designated as demonstrating need for improvement pursuant to NRS 385.3623 for 2 consecutive years:

     (a) The governing body of the charter school shall provide notice of the designation to the parents and guardians of pupils enrolled in the school on the form prescribed by the Department pursuant to NRS 385.382.

     (b) For a charter school sponsored by the board of trustees of a school district, the board of trustees shall, in conjunction with the governing body of the charter school, ensure that the charter school receives technical assistance in the manner set forth in 20 U.S.C. § 6316(b)(4) and the regulations adopted pursuant thereto.

     (c) For a charter school sponsored by the State Public Charter School Authority, the State Public Charter School Authority shall, in conjunction with the governing body of the charter school, ensure that the charter school receives technical assistance in the manner set forth in 20 U.S.C. § 6316(b)(4) and the regulations adopted pursuant thereto.

     (d) For a charter school sponsored by [the State Board or by] a college or university within the Nevada System of Higher Education, the Department shall, in conjunction with the governing body of the charter school, ensure that the charter school receives technical assistance in the manner set forth in 20 U.S.C. § 6316(b)(4) and the regulations adopted pursuant thereto.

 


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that the charter school receives technical assistance in the manner set forth in 20 U.S.C. § 6316(b)(4) and the regulations adopted pursuant thereto.

     Sec. 14.  NRS 385.372 is hereby amended to read as follows:

     385.372  1.  In addition to the requirements of NRS 385.3693, if a Title I school is designated as demonstrating need for improvement pursuant to NRS 385.3623 for 2 consecutive years for failing to make adequate yearly progress:

     (a) Except as otherwise provided in paragraph (b), the board of trustees of the school district shall:

           (1) Provide school choice to the parents and guardians of pupils enrolled in the school in accordance with 20 U.S.C. § 6316(b)(1) and the regulations adopted pursuant thereto.

           (2) Except as otherwise provided in subsection 2, provide supplemental educational services in accordance with 20 U.S.C. § 6316(e) and the regulations adopted pursuant thereto from a provider approved pursuant to NRS 385.384, unless a waiver is granted pursuant to that provision of federal law.

     (b) If the school is a charter school:

           (1) Sponsored by the board of trustees of a school district, the board of trustees shall provide school choice to the parents and guardians of pupils enrolled in the school in accordance with 20 U.S.C. § 6316(b)(1) and the regulations adopted pursuant thereto.

           (2) Sponsored by the State Public Charter School Authority, the State Public Charter School Authority shall work cooperatively with the board of trustees of the school district in which the pupil resides to provide school choice to the parent or guardian of each pupil enrolled in the charter school in accordance with 20 U.S.C. § 6316(b)(1) and the regulations adopted pursuant thereto.

           (3) Sponsored by [the State Board or by] a college or university within the Nevada System of Higher Education, the Department shall work cooperatively with the board of trustees of the school district in which the [charter school is located] pupil resides to provide school choice to the [parents and guardians of pupils] parent or guardian of each pupil enrolled in the charter school in accordance with 20 U.S.C. § 6316(b)(1) and the regulations adopted pursuant thereto.

           [(3)] (4) Except as otherwise provided in subsection 3, the governing body of the charter school shall provide supplemental educational services in accordance with 20 U.S.C. § 6316(e) and the regulations adopted pursuant thereto from a provider approved pursuant to NRS 385.384, unless a waiver is granted pursuant to that provision of federal law.

     2.  The board of trustees of a school district shall grant a delay from the imposition of supplemental educational services for a school for a period not to exceed 1 year if the school qualifies for a delay pursuant to 20 U.S.C. § 6316(b)(7)(D). If the school fails to make adequate yearly progress during the period of the delay, the provisions of NRS 385.3721 apply to the school as if the delay never occurred.

     3.  The sponsor of a charter school shall grant a delay from the imposition of supplemental educational services for the charter school for a period not to exceed 1 year if the charter school qualifies for a delay pursuant to 20 U.S.C. § 6316(b)(7)(D). If the charter school fails to make adequate yearly progress during the period of the delay, the provisions of NRS 385.3721 apply to the charter school as if the delay never occurred.

 


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     Sec. 15.  NRS 385.3721 is hereby amended to read as follows:

     385.3721  1.  Except as otherwise provided in subsection 2, if a public school is designated as demonstrating need for improvement pursuant to NRS 385.3623 for 3 consecutive years:

     (a) The board of trustees of the school district shall:

           (1) Provide notice of the designation to the parents and guardians of pupils enrolled in the school on the form prescribed by the Department pursuant to NRS 385.382; and

           (2) Ensure that the school receives technical assistance in the manner set forth in 20 U.S.C. § 6316(b)(4) and the regulations adopted pursuant thereto.

     (b) The Department shall require the board of trustees of the school district to conduct a comprehensive audit of the school which must include an audit of the curriculum, including, without limitation, methods of instruction and assessments, implemented by the school.

     2.  If a charter school is designated as demonstrating need for improvement pursuant to NRS 385.3623 for 3 consecutive years:

     (a) The governing body of the charter school shall provide notice of the designation to the parents and guardians of pupils enrolled in the charter school on the form prescribed by the Department pursuant to NRS 385.382.

     (b) For a charter school sponsored by the board of trustees of a school district, the board of trustees shall, in conjunction with the governing body of the charter school, ensure that the charter school receives technical assistance in the manner set forth in 20 U.S.C. § 6316(b)(4) and the regulations adopted pursuant thereto.

     (c) For a charter school sponsored by the State Public Charter School Authority, the State Public Charter School Authority shall, in conjunction with the governing body of the charter school, ensure that the charter school receives technical assistance in the manner set forth in 20 U.S.C. § 6316(b)(4) and the regulations adopted pursuant thereto.

     (d) For a charter school sponsored by [the State Board or by] a college or university within the Nevada System of Higher Education, the Department shall, in conjunction with the governing body of the charter school, ensure that the charter school receives technical assistance in the manner set forth in 20 U.S.C. § 6316(b)(4) and the regulations adopted pursuant thereto.

     [(d)] (e) The Department shall require the governing body of the charter school to conduct a comprehensive audit of the charter school which must include an audit of the curriculum, including, without limitation, methods of instruction and assessments, implemented by the charter school.

     Sec. 16.  NRS 385.3743 is hereby amended to read as follows:

     385.3743  1.  In addition to the requirements of NRS 385.3721, if a Title I school is designated as demonstrating need for improvement pursuant to NRS 385.3623 for 3 consecutive years:

     (a) Except as otherwise provided in paragraph (b), the board of trustees of the school district shall:

           (1) Provide school choice to the parents and guardians of pupils enrolled in the school in accordance with 20 U.S.C. § 6316(b)(1) and the regulations adopted pursuant thereto;

           (2) Provide supplemental educational services in accordance with 20 U.S.C. § 6316(e) and the regulations adopted pursuant thereto from a provider approved pursuant to NRS 385.384, unless a waiver is granted pursuant to that provision of federal law; and

 


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           (3) Except as otherwise provided in subsection 2, take corrective action pursuant to 20 U.S.C. § 6316(b)(7) and the regulations adopted pursuant thereto.

     (b) If the school is a charter school:

           (1) Sponsored by the board of trustees of a school district, the board of trustees shall:

                (I) Provide school choice to the parents and guardians of pupils enrolled in the charter school in accordance with 20 U.S.C. § 6316(b)(1); and

                (II) Except as otherwise provided in subsection 3, take corrective action pursuant to 20 U.S.C. § 6316(b)(7) and the regulations adopted pursuant thereto.

           (2) Sponsored by the State Public Charter School Authority, the State Public Charter School Authority shall:

                (I) Work cooperatively with the board of trustees of the school district in which the pupil resides to provide school choice to the parent or guardian of each pupil enrolled in the charter school in accordance with 20 U.S.C. § 6316(b)(1) and the regulations adopted pursuant thereto; and

                (II) Except as otherwise provided in subsection 3, take corrective action pursuant to 20 U.S.C. § 6316(b)(7) and the regulations adopted pursuant thereto.

           (3) Sponsored by [the State Board or by] a college or university within the Nevada System of Higher Education, the Department shall:

                (I) Work cooperatively with the board of trustees of the school district in which the [charter school is located] pupil resides to provide school choice to the [parents and guardians of pupils] parent or guardian of each pupil enrolled in the charter school in accordance with 20 U.S.C. § 6316(b)(1) and the regulations adopted pursuant thereto; and

                (II) Except as otherwise provided in subsection 3, take corrective action pursuant to 20 U.S.C. § 6316(b)(7) and the regulations adopted pursuant thereto.

           [(3)] (4) Regardless of the sponsor, the governing body of the charter school shall provide supplemental educational services in accordance with 20 U.S.C. § 6316(e) and the regulations adopted pursuant thereto from a provider approved pursuant to NRS 385.384, unless a waiver is granted pursuant to that provision of federal law.

     2.  The board of trustees of a school district shall grant a delay from the imposition of corrective action for a school for a period not to exceed 1 year if the school qualifies for a delay pursuant to 20 U.S.C. 6316(b)(7)(D). If the school fails to make adequate yearly progress during the period of the delay, the provisions of NRS 385.3745 apply as if the delay never occurred.

     3.  The sponsor of a charter school shall grant a delay from the imposition of corrective action for the charter school for a period not to exceed 1 year if the charter school qualifies for a delay pursuant to 20 U.S.C. 6316(b)(7)(D). If the charter school fails to make adequate yearly progress during the period of the delay, the provisions of NRS 385.3745 apply as if the delay never occurred.

     Sec. 17.  NRS 385.3744 is hereby amended to read as follows:

     385.3744  1.  Except as otherwise provided in subsection 2, if a public school that is not a Title I school is designated as demonstrating need for improvement pursuant to NRS 385.3623 for 3 consecutive years for failing to make adequate yearly progress, the State Public Charter School Authority may, for a charter school sponsored by the State Public Charter School Authority, the Department may, for a charter school sponsored by [the State Board or by] a college or university within the Nevada System of Higher Education, and the board of trustees of a school district may, for a school of the school district or a charter school sponsored by the board of trustees, take one or more of the following corrective actions for the school:

 


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School Authority, the Department may, for a charter school sponsored by [the State Board or by] a college or university within the Nevada System of Higher Education, and the board of trustees of a school district may, for a school of the school district or a charter school sponsored by the board of trustees, take one or more of the following corrective actions for the school:

     (a) Significantly decrease the managerial authority of the employees at the school.

     (b) Extend the school year or the school day.

     2.  The State Public Charter School Authority, the Department or the board of trustees of a school district, as applicable, shall grant a delay from the imposition of corrective action for a school for a period not to exceed 1 year if the school qualifies for a delay in the manner set forth in 20 U.S.C. § 6316(b)(7)(D). If the school fails to make adequate yearly progress during the period of the delay, the State Public Charter School Authority, the Department or the board of trustees, as applicable, may proceed with corrective action as if the delay never occurred.

     Sec. 18.  NRS 385.3745 is hereby amended to read as follows:

     385.3745  1.  Except as otherwise provided in subsection 2, if a public school that is not a Title I school is designated as demonstrating need for improvement pursuant to NRS 385.3623 for 4 consecutive years:

     (a) The board of trustees of the school district shall:

           (1) Except as otherwise provided in subsection 3, develop a turnaround plan to improve the academic achievement of pupils enrolled in the school which meets the requirements prescribed by the State Board pursuant to paragraph (b).

           (2) Provide notice of the designation to the parents and guardians of pupils enrolled in the school on the form prescribed by the Department pursuant to NRS 385.382; and

           (3) Ensure that the school receives technical assistance in the manner set forth in 20 U.S.C. § 6316(b)(4) and the regulations adopted pursuant thereto.

     (b) The State Board shall prescribe by regulation:

           (1) The requirements for a turnaround plan which must include, without limitation:

                (I) A requirement that the plan is based on the results of the comprehensive audit conducted pursuant to NRS 385.3721;

                (II) Measurable goals and objectives for obtaining adequate yearly progress;

                (III) Specified steps or actions for obtaining adequate yearly progress; and

                (IV) A timeline for the completion of the turnaround plan, which must provide for implementation of the plan in accordance with NRS 385.37603 if the school is designated as needing improvement for 5 years; and

           (2) The actions the Department may take to monitor the development of the turnaround plan developed pursuant to this section and the implementation of any corrective action at the school.

     2.  If a charter school is designated as demonstrating need for improvement pursuant to NRS 385.3623 for 4 consecutive years:

     (a) The governing body of the charter school shall provide notice of the designation to the parents and guardians of pupils enrolled in the school on the form prescribed by the Department pursuant to NRS 385.382.

 


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     (b) For a charter school sponsored by the board of trustees of a school district, the board of trustees shall, in conjunction with the governing body of the charter school:

           (1) Except as otherwise provided in subsection 3, develop a turnaround plan to improve the academic achievement of pupils enrolled in the school which meets the requirements prescribed by the State Board pursuant to paragraph [(d).] (e).

           (2) Ensure that the charter school receives technical assistance in the manner set forth in 20 U.S.C. § 6316(b)(4) and the regulations adopted pursuant thereto.

     (c) For a charter school sponsored by the State Public Charter School Authority, the State Public Charter School Authority shall, in conjunction with the governing body of the charter school:

           (1) Except as otherwise provided in subsection 3, develop a turnaround plan to improve the academic achievement of pupils enrolled in the charter school which meets the requirements prescribed by the State Board pursuant to paragraph (e);

           (2) Ensure that the charter school receives technical assistance in the manner set forth in 20 U.S.C. § 6316(b)(4) and the regulations adopted pursuant thereto.

     (d) For a charter school sponsored by [the State Board or by] a college or university within the Nevada System of Higher Education, the Department shall, in conjunction with the governing body of the charter school:

           (1) Except as otherwise provided in subsection 3, develop a turnaround plan to improve the academic achievement of pupils enrolled in the school which meets the requirements prescribed by the State Board pursuant to paragraph [(d).] (e).

           (2) Ensure that the charter school receives technical assistance in the manner set forth in 20 U.S.C. § 6316(b)(4) and the regulations adopted pursuant thereto.

     [(d)] (e) The State Board shall prescribe by regulation:

           (1) The requirements for a turnaround plan which must include, without limitation:

                (I) A requirement that the plan is based on the results of the comprehensive audit conducted pursuant to NRS 385.3721;

                (II) Measurable goals and objectives for obtaining adequate yearly progress;

                (III) Specified steps or actions for obtaining adequate yearly progress; and

                (IV) A timeline for the completion of the turnaround plan, which must provide for implementation of the plan in accordance with NRS 385.37603 if the school is designated as needing improvement for 5 years; and

           (2) The actions the Department may take to monitor the implementation of the turnaround plan developed pursuant to this section and the implementation of any corrective action at the charter school.

     3.  If a public school is granted a delay from the development of a turnaround plan pursuant to subsection 2 of NRS 385.376 and the school fails to make adequate yearly progress during the period of the delay, a turnaround plan must be immediately developed and implemented for the school in accordance with this section as if the delay never occurred.

 


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     4.  On or before June 30, a turnaround plan developed for a school must be submitted to the:

     (a) Superintendent of Public Instruction;

     (b) Department;

     (c) Bureau;

     (d) Board of trustees of the school district in which the school is located [;] or, if the school is a charter school, the sponsor of the charter school and the governing body of the charter school; and

     (e) Principal of the school.

     Sec. 19.  NRS 385.3746 is hereby amended to read as follows:

     385.3746  1.  If a Title I school is designated as demonstrating need for improvement pursuant to NRS 385.3623 for 4 consecutive years:

     (a) Except as otherwise provided in paragraph (b), the board of trustees of the school district shall:

           (1) Provide notice of the designation to the parents and guardians of the pupils enrolled in the school on the form prescribed by the Department pursuant to NRS 385.382;

           (2) Ensure that the school receives technical assistance in the manner set forth in 20 U.S.C. § 6316(b)(4) and the regulations adopted pursuant thereto;

           (3) Provide school choice to the parents and guardians of pupils enrolled in the school in accordance with 20 U.S.C. § 6316(b)(1) and the regulations adopted pursuant thereto;

           (4) Provide supplemental educational services in accordance with 20 U.S.C. § 6316(e) and the regulations adopted pursuant thereto from a provider approved pursuant to NRS 385.384, unless a waiver is granted pursuant to that provision of federal law; and

           (5) Except as otherwise provided in subsection 3, develop a plan for restructuring the school if required by 20 U.S.C. § 6316(b)(8) and the regulations adopted pursuant thereto.

     (b) The governing body of the charter school shall provide notice of the designation to the parents and guardians of the pupils enrolled in the charter school on the form prescribed by the Department pursuant to NRS 385.382. If the school is a charter school:

           (1) Sponsored by the board of trustees of a school district, the board of trustees shall:

                (I) In conjunction with the governing body of the charter school, ensure that the charter school receives technical assistance in the manner set forth in 20 U.S.C. § 6316(b)(4) and the regulations adopted pursuant thereto;

                (II) Provide school choice to the parents and guardians of pupils enrolled in the charter school in accordance with 20 U.S.C. § 6316(b)(1); and

                (III) Except as otherwise provided in subsection 4, develop a plan for restructuring the school if required by 20 U.S.C. § 6316(b)(8) and the regulations adopted pursuant thereto.

           (2) Sponsored by the State Public Charter School Authority, the State Public Charter School Authority shall:

                (I) In conjunction with the governing body of the charter school, ensure that the charter school receives technical assistance in the manner set forth in 20 U.S.C. § 6316(b)(4) and the regulations adopted pursuant thereto;

                (II) Work cooperatively with the board of trustees of the school district in which the pupil resides to provide school choice to the parent or guardian of each pupil enrolled in the charter school in accordance with 20 U.S.C. § 6316(b)(1) and the regulations adopted pursuant thereto; and

 


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guardian of each pupil enrolled in the charter school in accordance with 20 U.S.C. § 6316(b)(1) and the regulations adopted pursuant thereto; and

                (III) Except as otherwise provided in subsection 4, develop a plan for restructuring the charter school if required by 20 U.S.C. § 6316(b)(8) and the regulations adopted pursuant thereto.

           (3) Sponsored by [the State Board or by] a college or university within the Nevada System of Higher Education, the Department shall:

                (I) In conjunction with the governing body of the charter school, ensure that the charter school receives technical assistance in the manner set forth in 20 U.S.C. § 6316(b)(4) and the regulations adopted pursuant thereto;

                (II) Work cooperatively with the board of trustees of the school district in which the [charter school is located] pupil resides to provide school choice to the [parents and guardians of pupils] parent or guardian of each pupil enrolled in the charter school in accordance with 20 U.S.C. § 6316(b)(1) and the regulations adopted pursuant thereto; and

                (III) Except as otherwise provided in subsection 4, develop a plan for restructuring the charter school if required by 20 U.S.C. § 6316(b)(8) and the regulations adopted pursuant thereto.

           [(3)] (4) Regardless of the sponsor, the governing body of the charter school shall provide supplemental educational services in accordance with 20 U.S.C. § 6316(e) and the regulations adopted pursuant thereto from a provider approved pursuant to NRS 385.384, unless a waiver is granted pursuant to that provision of federal law.

     2.  A plan for restructuring the school developed pursuant to this section must include, without limitation:

     (a) A requirement that the plan is based on the results of the comprehensive audit conducted pursuant to NRS 385.3721;

     (b) Measurable goals and objectives for obtaining adequate yearly progress;

     (c) Specified steps or actions for obtaining adequate yearly progress; and

     (d) A timeline for the completion of the plan for restructuring the school, which must provide for implementation of the plan in accordance with NRS 385.37607 if the school is designated as needing improvement for 5 years.

     3.  The board of trustees of a school district shall grant a delay from the development of a plan for restructuring for a school for a period not to exceed 1 year if the school qualifies for a delay pursuant to 20 U.S.C. § 6316(b)(7)(D). If the school fails to make adequate yearly progress during the period of the delay, the board of trustees shall immediately develop and proceed with the implementation of the plan for restructuring the school as if the delay never occurred.

     4.  The sponsor of a charter school shall grant a delay from the development of a plan for restructuring for the charter school for a period not to exceed 1 year if the charter school qualifies for a delay pursuant to 20 U.S.C. § 6316(b)(7)(D). If the charter school fails to make adequate yearly progress during the period of the delay, a plan for restructuring must be immediately developed for the school in accordance with this section and the Department shall proceed with the implementation of the plan for restructuring the charter school as if the delay never occurred.

     5.  On or before June 30, a plan for restructuring developed pursuant to this section must be submitted to the:

     (a) Superintendent of Public Instruction;

     (b) Department;

 


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     (c) Bureau;

     (d) Board of trustees of the school district in which the school is located [;] or, if the school is a charter school, the sponsor of the charter school and the governing body of the charter school; and

     (e) Principal of the school.

     Sec. 20.  NRS 385.376 is hereby amended to read as follows:

     385.376  1.  Except as otherwise provided in subsection 2, if a public school that is not a Title I school is designated as demonstrating need for improvement pursuant to NRS 385.3623 for 4 consecutive years for failure to make adequate yearly progress, the State Public Charter School Authority may, for a charter school sponsored by the State Public Charter School Authority, the Department may, for a charter school sponsored by [the State Board or by] a college or university within the Nevada System of Higher Education, and the board of trustees of a school district may, for a school of the school district or a charter school sponsored by the board of trustees, take corrective action as set forth in NRS 385.3744 or proceed with differentiated correction actions, consequences or sanctions, or any combination thereof, as prescribed by the State Board pursuant to NRS 385.361.

     2.  The State Public Charter School Authority, the Department or the board of trustees of a school district, as applicable, shall grant a delay from the imposition of corrective action, consequences or sanctions, or any combination thereof, pursuant to this section for a school for a period not to exceed 1 year if the school qualifies for a delay in the manner set forth in 20 U.S.C. § 6316(b)(7)(D). If the school fails to make adequate yearly progress during the period of the delay, the State Public Charter School Authority, the Department or the board of trustees, as applicable, may proceed with corrective action, consequences or sanctions, or any combination thereof, for the school, as appropriate, pursuant to the provisions of NRS 385.37603 and 385.37605 as if the delay never occurred.

     3.  Before the board of trustees , the State Public Charter School Authority or the Department proceeds with consequences or sanctions, the board of trustees , the State Public Charter School Authority or the Department, as applicable, shall provide to the administrators, teachers and other educational personnel employed at that school, and parents and guardians of pupils enrolled in the school:

     (a) Notice that the board of trustees , the State Public Charter School Authority or the Department, as applicable, will proceed with consequences or sanctions for the school;

     (b) An opportunity to comment before the consequences or sanctions are carried out; and

     (c) An opportunity to participate in the development of the consequences or sanctions.

     Sec. 21.  NRS 385.37603 is hereby amended to read as follows:

     385.37603  1.  If a public school that is not a Title I school is designated as demonstrating need for improvement pursuant to NRS 385.3623 for 5 or more consecutive years for failure to make adequate yearly progress:

     (a) The board of trustees of the school district shall:

           (1) Except as otherwise provided in subsection 3 of NRS 385.37605, repeal the plan to improve the academic achievement of pupils developed pursuant to NRS 385.357 and, not later than September 30, implement the turnaround plan to improve the academic achievement of pupils enrolled in the school developed pursuant to NRS 385.3745;

 


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turnaround plan to improve the academic achievement of pupils enrolled in the school developed pursuant to NRS 385.3745;

           (2) Provide notice of the designation to the parents and guardians of pupils enrolled in the school on the form prescribed by the Department pursuant to NRS 385.382; and

           (3) Ensure that the school receives technical assistance in the manner set forth in 20 U.S.C. § 6316(b)(4) and the regulations adopted pursuant thereto.

     (b) The State Board shall prescribe by regulation the actions which the Department may take to monitor the implementation of any corrective action at the school.

     2.  If a charter school that is not a Title I school is designated as demonstrating need for improvement pursuant to NRS 385.3623 for 5 or more consecutive years for failure to make adequate yearly progress:

     (a) The governing body of the charter school shall:

           (1) Except as otherwise provided in subsection 3 of NRS 385.37605, repeal the plan to improve the academic achievement of pupils developed pursuant to NRS 385.357 and, not later than September 30, implement the turnaround plan to improve the academic achievement of pupils enrolled in the school developed pursuant to NRS 385.3745.

           (2) Provide notice of the designation to the parents and guardians of pupils enrolled in the charter school on a form prescribed by the Department pursuant to NRS 385.382.

     (b) For a charter school sponsored by the board of trustees of a school district, the board of trustees shall, in conjunction with the governing body of the charter school, ensure that the charter school receives technical assistance in the manner set forth in 20 U.S.C. § 6316(b)(4) and the regulations adopted pursuant thereto.

     (c) For a charter school sponsored by the State Public Charter School Authority, the State Public Charter School Authority shall, in conjunction with the governing body of the charter school, ensure that the charter school receives technical assistance in the manner set forth in 20 U.S.C. § 6316(b)(4) and the regulations adopted pursuant thereto.

     (d) For a charter school sponsored by [the State Board or by] a college or university within the Nevada System of Higher Education, the Department shall, in conjunction with the governing body of the charter school, ensure that the charter school receives technical assistance in the manner set forth in 20 U.S.C. § 6316(b)(4) and the regulations adopted pursuant thereto.

     [(d)] (e) The State Board shall prescribe by regulation the actions which the Department may take to monitor the implementation of any corrective action at the charter school.

     Sec. 22.  NRS 385.37605 is hereby amended to read as follows:

     385.37605  1.  Except as otherwise provided in subsection 3, if a public school that is not a Title I school is designated as demonstrating need for improvement pursuant to NRS 385.3623 for 5 or more consecutive years for failure to make adequate yearly progress:

     (a) The State Public Charter School Authority may, for a charter school sponsored by the State Public Charter School Authority, take corrective action as set forth in NRS 385.3744 or proceed with consequences or sanctions, or both, as prescribed by the State Board pursuant to NRS 385.361.

 


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     (b) The Department may, for a charter school sponsored by [the State Board or by] a college or university within the Nevada System of Higher Education, take corrective action as set forth in NRS 385.3744 or proceed with consequences or sanctions, or both, as prescribed by the State Board pursuant to NRS 385.361.

     [(b)] (c) The board of trustees of a school district may, for a school of the school district or a charter school sponsored by the board of trustees, take corrective action as set forth in NRS 385.3744 or proceed with consequences or sanctions, or both, as prescribed by the State Board pursuant to NRS 385.361.

     2.  The Department shall monitor the implementation of the turnaround plan for the school developed pursuant to NRS 385.3745.

     3.  The State Public Charter School Authority, the Department or the board of trustees of a school district, as applicable, shall grant a delay from the imposition of corrective action, consequences or sanctions pursuant to this section for a school, including, without limitation, the development and implementation of a turnaround plan, for a period not to exceed 1 year if the school qualifies for a delay in the manner set forth in 20 U.S.C. § 6316(b)(7)(D). If the school fails to make adequate yearly progress during the period of the delay, the State Public Charter School Authority, the Department or the board of trustees, as applicable, may proceed with corrective action or with consequences or sanctions, or both, for the school, as appropriate, as if the delay never occurred.

     4.  Before the board of trustees , the State Public Charter School Authority or the Department proceeds with consequences or sanctions, the board of trustees , the State Public Charter School Authority or the Department, as applicable, shall provide to the administrators, teachers and other educational personnel employed at that school, and parents and guardians of pupils enrolled in the school:

     (a) Notice that the board of trustees , the State Public Charter School Authority or the Department, as applicable, will proceed with consequences or sanctions for the school;

     (b) An opportunity to comment before the consequences or sanctions are carried out; and

     (c) An opportunity to participate in the development of the consequences or sanctions.

     Sec. 23.  NRS 385.37607 is hereby amended to read as follows:

     385.37607  1.  If a Title I school is designated as demonstrating need for improvement pursuant to NRS 385.3623 for 5 or more consecutive years:

     (a) Except as otherwise provided in paragraph (b), the board of trustees of the school district shall:

           (1) Except as otherwise provided in subsection 2, repeal the plan to improve the academic achievement of pupils developed pursuant to NRS 385.357 and, not later than September 30, implement the plan for restructuring the school developed pursuant to NRS 385.3746 if required by 20 U.S.C. § 6316(b)(8) and the regulations adopted pursuant thereto;

           (2) Provide notice of the designation to the parents and guardians of pupils enrolled in the school on the form prescribed by the Department pursuant to NRS 385.382;

           (3) Ensure that the school receives technical assistance in the manner set forth in 20 U.S.C. § 6316(b)(4) and the regulations adopted pursuant thereto;

 


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           (4) Provide school choice to the parents and guardians of pupils enrolled in the school in accordance with 20 U.S.C. § 6316(b)(1) and the regulations adopted pursuant thereto; and

           (5) Provide supplemental educational services in accordance with 20 U.S.C. § 6316(e) and the regulations adopted pursuant thereto from a provider approved pursuant to NRS 385.384, unless a waiver is granted pursuant to that provision of federal law.

     (b) If the school is a charter school:

           (1) Sponsored by the board of trustees of a school district, the board of trustees shall:

                (I) Except as otherwise provided in subsection 3, repeal the plan to improve the academic achievement of pupils developed pursuant to NRS 385.357 and, not later than September 30, implement the plan for restructuring the charter school developed pursuant to NRS 385.3746 if required by 20 U.S.C. § 6316(b)(8) and the regulations adopted pursuant thereto;

                (II) Provide notice of the designation to the parents and guardians of pupils enrolled in the charter school on the form prescribed by the Department pursuant to NRS 385.382;

                (III) Ensure that the charter school receives technical assistance in the manner set forth in 20 U.S.C. § 6316(b)(4) and the regulations adopted pursuant thereto; and

                (IV) Provide school choice to the parents and guardians of pupils enrolled in the charter school in accordance with 20 U.S.C. § 6316(b)(1) and the regulations adopted pursuant thereto.

           (2) Sponsored by the State Public Charter School Authority, the State Public Charter School Authority shall:

                (I) Except as otherwise provided in subsection 3, repeal the plan to improve the academic achievement of pupils developed pursuant to NRS 385.357 and, not later than September 30, implement the plan for restructuring the charter school developed pursuant to NRS 385.3746 if required by 20 U.S.C. § 6316(b)(8) and the regulations adopted pursuant thereto;

                (II) Provide notice of the designation to the parents and guardians of pupils enrolled in the charter school on the form prescribed by the Department pursuant to NRS 385.382;

                (III) Ensure that the charter school receives technical assistance in the manner set forth in 20 U.S.C. § 6316(b)(4) and the regulations adopted pursuant thereto; and

                (IV) Work cooperatively with the board of trustees of the school district in which the pupil resides to provide school choice to the parent or guardian of each pupil enrolled in the charter school in accordance with 20 U.S.C. § 6316(b)(1) and the regulations adopted pursuant thereto.

           (3) Sponsored by [the State Board or by] a college or university within the Nevada System of Higher Education, the Department shall:

                (I) Except as otherwise provided in subsection 3, repeal the plan to improve the academic achievement of pupils developed pursuant to NRS 385.357 and, not later than September 30, implement the plan for restructuring the charter school developed pursuant to NRS 385.3746 if required by 20 U.S.C. § 6316(b)(8) and the regulations adopted pursuant thereto;

 


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                (II) Provide notice of the designation to the parents and guardians of pupils enrolled in the charter school on the form prescribed by the Department pursuant to NRS 385.382;

                (III) Ensure that the charter school receives technical assistance in the manner set forth in 20 U.S.C. § 6316(b)(4) and the regulations adopted pursuant thereto; and

                (IV) Work cooperatively with the board of trustees of the school district in which the [charter school is located] pupil resides to provide school choice to the [parents and guardians of pupils] parent or guardian of each pupil enrolled in the charter school in accordance with 20 U.S.C. § 6316(b)(1) and the regulations adopted pursuant thereto.

           [(3)] (4) Regardless of the sponsor, the governing body of the charter school shall provide supplemental educational services in accordance with 20 U.S.C. § 6316(e) and the regulations adopted pursuant thereto from a provider approved pursuant to NRS 385.384, unless a waiver is granted pursuant to that provision of federal law.

     (c) The State Board shall prescribe by regulation the actions which the Department may take to monitor the implementation of any corrective action at the school or charter school.

     2.  The board of trustees of a school district shall grant a delay from the imposition of a plan for restructuring for a school, including, without limitation, the development and implementation of a plan for restructuring, for a period not to exceed 1 year if the school qualifies for a delay pursuant to 20 U.S.C. § 6316(b)(7)(D). If the school fails to make adequate yearly progress during the period of delay, the board of trustees shall proceed with a plan for restructuring the school as if the delay never occurred.

     3.  The sponsor of a charter school shall grant a delay from the imposition of a plan for restructuring for a school, including, without limitation, the development and implementation of a plan for restructuring, for a period not to exceed 1 year if the school qualifies for a delay pursuant to 20 U.S.C. § 6316(b)(7)(D). If the charter school fails to make adequate yearly progress during the period of delay, the Department shall proceed with a plan for restructuring the charter school as if the delay never occurred.

     4.  Before the board of trustees of a school district , the State Public Charter School Authority or the Department proceeds with a plan for restructuring, the board of trustees , the State Public Charter School Authority or the Department, as applicable, shall provide to the administrators, teachers and other educational personnel employed at that school, and parents and guardians of pupils enrolled in the school:

     (a) Notice that the board of trustees , the State Public Charter School Authority or the Department, as applicable, will develop a plan for restructuring the school;

     (b) An opportunity to comment before the plan to restructure is developed; and

     (c) An opportunity to participate in the development of the plan to restructure.

     Sec. 24.  NRS 385.620 is hereby amended to read as follows:

     385.620  The Advisory Council shall:

     1.  Review the policy of parental involvement adopted by the State Board and the policy of parental involvement adopted by the board of trustees of each school district pursuant to NRS 392.457;

 


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     2.  Review the information relating to communication with and participation of parents that is included in the annual report of accountability for each school district pursuant to paragraph (j) of subsection 2 of NRS 385.347 [;] and similar information in the annual report of accountability prepared by the State Public Charter School Authority and a college or university within the Nevada System of Higher Education that sponsors a charter school pursuant to subsection 3 of NRS 385.347;

     3.  Review any effective practices carried out in individual school districts to increase parental involvement and determine the feasibility of carrying out those practices on a statewide basis;

     4.  Review any effective practices carried out in other states to increase parental involvement and determine the feasibility of carrying out those practices in this State;

     5.  Identify methods to communicate effectively and provide outreach to parents and legal guardians of pupils who have limited time to become involved in the education of their children for various reasons, including, without limitation, work schedules, single-parent homes and other family obligations;

     6.  Identify the manner in which the level of parental involvement affects the performance, attendance and discipline of pupils;

     7.  Identify methods to communicate effectively with and provide outreach to parents and legal guardians of pupils who are limited English proficient;

     8.  Determine the necessity for the appointment of a statewide parental involvement coordinator or a parental involvement coordinator in each school district, or both;

     9.  On or before July 1 of each year, submit a report to the Legislative Committee on Education describing the activities of the Advisory Council and any recommendations for legislation; and

     10.  On or before February 1 of each odd-numbered year, submit a report to the Director of the Legislative Counsel Bureau for transmission to the next regular session of the Legislature describing the activities of the Advisory Council and any recommendations for legislation.

     Sec. 25.  Chapter 386 of NRS is hereby amended by adding thereto the provisions set forth as sections 26 to 35.7, inclusive, of this act.

     Sec. 26.  As used in NRS 386.500 to 386.610, inclusive, and sections 26 to 35.7, inclusive, of this act, the words and terms defined in NRS 386.500 and sections 27 and 28 of this act have the meanings ascribed to them in those sections.

     Sec. 27.  “Director” means the Director of the State Public Charter School Authority appointed pursuant to section 31 of this act.

     Sec. 28.  “State Public Charter School Authority” means the State Public Charter School Authority created by section 28.5 of this act.

     Sec. 28.5.  The State Public Charter School Authority is hereby created. The purpose of the State Public Charter School Authority is to:

     1.  Authorize charter schools of high-quality throughout this State with the goal of expanding the opportunities for pupils in this State, including, without limitation, pupils who are at risk.

     2.  Provide oversight to the charter schools that it sponsors to ensure that those charter schools maintain high educational and operational standards, preserve autonomy and safeguard the interests of pupils and the community.

 


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     3.  Serve as a model of the best practices in sponsoring charter schools and foster a climate in this State in which all charter schools, regardless of sponsor, can flourish.

     Sec. 29.  1.  The State Public Charter School Authority consists of seven members. The membership of the State Public Charter School Authority consists of:

     (a) Two members appointed by the Governor in accordance with subsection 2;

     (b) Two members, who must not be Legislators, appointed by the Majority Leader of the Senate in accordance with subsection 2;

     (c) Two members, who must not be Legislators, appointed by the Speaker of the Assembly in accordance with subsection 2; and

     (d) One member appointed by the Charter School Association of Nevada or its successor organization.

     2.  The Governor, the Majority Leader of the Senate and the Speaker of the Assembly shall ensure that the membership of the State Public Charter School Authority:

     (a) Includes persons with a demonstrated understanding of charter schools and a commitment to using charter schools as a way to strengthen public education in this State;

     (b) Includes a parent or legal guardian of a pupil enrolled in a charter school in this State;

     (c) Includes persons with specific knowledge of:

           (1) Issues relating to elementary and secondary education;

           (2) School finance or accounting, or both;

           (3) Management practices;

           (4) Assessments required in elementary and secondary education;

           (5) Educational technology; and

           (6) The laws and regulations applicable to charter schools; and

     (d) Insofar as practicable, reflects the ethnic and geographical diversity of this State.

     3.  Each member of the State Public Charter School Authority must be a resident of this State.

     4.  After the initial terms, the term of each member of the State Public Charter School Authority is 3 years, commencing on July 1 of the year in which he or she is appointed. A vacancy in the membership of the State Public Charter School Authority must be filled for the remainder of the unexpired term in the same manner as the original appointment. A member shall continue to serve on the State Public Charter School Authority until his or her successor is appointed.

     5.  The members of the State Public Charter School Authority shall select a Chair and Vice Chair from among its members. After the initial selection of those officers, each of those officers holds the position for a term of 2 years commencing on July 1 of each odd-numbered year. If a vacancy occurs in the Chair or Vice Chair, the vacancy must be filled in the same manner as the original selection for the remainder of the unexpired term.

     6.  Each member of the State Public Charter School Authority is entitled to receive:

     (a) For each day or portion of a day during which he or she attends a meeting of the State Public Charter School Authority a salary of not more than $80, as fixed by the State Public Charter School Authority; and

 


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     (b) For each day or portion of a day during which he or she attends a meeting of the State Public Charter School Authority or is otherwise engaged in the business of the State Public Charter School Authority the per diem allowance and travel expenses provided for state officers and employees generally.

     Sec. 30.  1.  The members of the State Public Charter School Authority shall meet throughout the year at the times and places specified by a call of the Chair or a majority of the members.

     2.  Four members of the State Public Charter School Authority constitute a quorum, and a quorum may exercise all the power and authority conferred on the State Public Charter School Authority.

     Sec. 31.  1.  The State Public Charter School Authority shall appoint a Director of the State Public Charter School Authority for a term of 3 years. The State Public Charter School Authority shall ensure that the Director has a demonstrated understanding of charter schools and a commitment to using charter schools as a way to strengthen public education in this State.

     2.  A vacancy in the position of Director must be filled by the State Public Charter School Authority for the remainder of the unexpired term.

     3.  The Director is in the unclassified service of the State.

     Sec. 32.  The Director shall not pursue any other business or occupation or hold any other office of profit without the approval of the State Public Charter School Authority.

     Sec. 33.  The Director shall:

     1.  Execute, direct and supervise all administrative, technical and procedural activities of the State Public Charter School Authority in accordance with the policies prescribed by the State Public Charter School Authority;

     2.  Organize the State Public Charter School Authority in a manner which will ensure the efficient operation and service of the State Public Charter School Authority;

     3.  Serve as the Executive Secretary of the State Public Charter School Authority;

     4.  Ensure that the autonomy provided to charter schools in this State pursuant to state law and regulations is preserved; and

     5.  Perform such other duties as are prescribed by law or the State Public Charter School Authority.

     Sec. 34.  The State Public Charter School Authority may employ such persons as it deems necessary to carry out the provisions of NRS 386.500 to 386.610, inclusive, and sections 26 to 35.7, inclusive, of this act. The staff employed by the State Public Charter School Authority must be qualified to carry out the daily responsibilities of sponsoring charter schools in accordance with the provisions of NRS 386.500 to 386.610, inclusive, and sections 26 to 35.7, inclusive, of this act.

     Sec. 35.  1.  The Account for the State Public Charter School Authority is hereby created in the State General Fund, to be administered by the Director.

     2.  The interest and income earned on the money in the Account must be credited to the Account.

     3.  The money in the Account may be used only for the establishment and maintenance of the State Public Charter School Authority.

 


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     4.  Any money remaining in the Account at the end of a fiscal year does not revert to the State General Fund, and the balance in the Account must be carried forward to the next fiscal year.

     5.  The Director and the State Public Charter School Authority may accept gifts, grants and bequests to carry out the provisions of NRS 386.500 to 386.610, inclusive, and sections 26 to 35.7, inclusive, of this act. Any money from gifts, grants and bequests must be deposited in the Account and may be expended in accordance with the terms and conditions of the gift, grant or bequest, or in accordance with this section.

     Sec. 35.3.  1.  The governing body of a charter school may contract with the sponsor of the charter school for the purchase of services, excluding those services which are covered by the sponsorship fee paid to the sponsor pursuant to NRS 386.570. If the governing body of a charter school elects to purchase such services, the governing body and the sponsor shall enter into an annual service agreement which is separate from the written charter of the charter school.

     2.  If a service agreement is entered into pursuant to this section, the sponsor of the charter school shall, not later than August 1 after the completion of the school year, provide to the governing body of the charter school an itemized accounting of the actual costs of those services purchased by the charter school. Any difference between the amount paid by the charter school pursuant to the service agreement and the actual cost for those services must be reconciled and paid to the party to whom it is due. If the governing body or the sponsor disputes the amount due, the party making the dispute may request an independent review by the Department, whose determination is final.

     3.  The governing body of a charter school may not be required to enter into a service agreement pursuant to this section as a condition to approval of its written charter by the sponsor of the charter school or as a condition to renewal of the written charter.

     Sec. 35.5.  1.  The State Public Charter School Authority is hereby deemed a local educational agency for the purpose of directing the proportionate share of any money available from federal and state categorical grant programs to charter schools which are sponsored by the State Public Charter School Authority or a college or university within the Nevada System of Higher Education that are eligible to receive such money. A charter school that receives money pursuant to such a grant program shall comply with any applicable reporting requirements to receive the grant.

     2.  If the charter school is eligible to receive special education program units, the Department shall pay the special education program units directly to the charter school.

     3.  As used in this section, “local educational agency” has the meaning ascribed to it in 20 U.S.C. § 7801(26)(A).

     Sec. 35.7.  1.  A contract or a proposed contract between a charter school or a proposed charter school and a contractor or an educational management organization must not:

     (a) Give to the contractor or educational management organization direct control of educational services, financial decisions, the appointment of members of the governing body, or the hiring and dismissal of an administrator or financial officer of the charter school or proposed charter school;

 


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     (b) Authorize the payment of loans, advances or other monetary charges from the contractor or educational management organization which are greater than 15 percent of the total expected funding received by the charter school or proposed charter school from the State Distributive School Account;

     (c) Require the charter school or proposed charter school to prepay any fees to the contractor or educational management organization;

     (d) Require the charter school or proposed charter school to pay the contractor or educational management organization before the payment of other obligations of the charter school or proposed charter school during a period of financial distress;

     (e) Allow a contractor or educational management organization to cause a delay in the repayment of a loan or other money advanced by the contractor or educational management organization to the charter school or proposed charter school, which delay would increase the cost to the charter school or proposed charter school of repaying the loan or advance;

     (f) Require the charter school or proposed charter school to enroll a minimum number of pupils for the continuation of the contract between the charter school or proposed charter school and the contractor or educational management organization;

     (g) Require the charter school or proposed charter school to request or borrow money from this State to pay the contractor or educational management organization if the contractor or educational management organization will provide financial management to the charter school or proposed charter school;

     (h) Contain a provision which restricts the ability of the charter school or proposed charter school to borrow money from a person or entity other than the contractor or educational management organization;

     (i) Provide for the allocation to the charter school or proposed charter school of any indirect cost incurred by the contractor or educational management organization;

     (j) Authorize the payment of fees to the contractor or educational management organization which are not attributable to the actual services provided by the contractor or educational management organization;

     (k) Allow any money received by the charter school or proposed charter school from this State or from the board of trustees of a school district to be transferred to or deposited in a bank, credit union or other financial institution outside this State, including money controlled by the contractor or educational management organization; or

     (l) Except as otherwise provided in this paragraph, provide incentive fees to the contractor or educational management organization. A contract or a proposed contract may provide to the contractor or educational management organization incentive fees that are based on the academic improvement of pupils enrolled in the charter school.

     2.  As used in this section, “educational management organization” means a corporation, business, organization or other entity, whether or not conducted for profit, with whom a committee to form a charter school or the governing body of a charter school, as applicable, contracts to assist with the operation, management or provision and implementation of educational services and programs of the charter school or proposed charter school.

 


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charter school. The term includes a corporation, business, organization or other entity that directly employs and provides personnel to a charter school or proposed charter school.

     Sec. 36.  NRS 386.500 is hereby amended to read as follows:

     386.500  [For the purposes of NRS 386.500 to 386.610, inclusive, a] A pupil is “at risk” if the pupil has an economic or academic disadvantage such that he or she requires special services and assistance to enable him or her to succeed in educational programs. The term includes, without limitation, pupils who are members of economically disadvantaged families, pupils who are limited English proficient, pupils who are at risk of dropping out of high school and pupils who do not meet minimum standards of academic proficiency. The term does not include a pupil with a disability.

     Sec. 37.  (Deleted by amendment.)

     Sec. 38.  NRS 386.515 is hereby amended to read as follows:

     386.515  1.  The board of trustees of a school district may apply to the Department for authorization to sponsor charter schools within the school district. An application must be approved by the Department before the board of trustees may sponsor a charter school. Not more than 180 days after receiving approval to sponsor charter schools, the board of trustees shall provide public notice of its ability to sponsor charter schools and solicit applications for charter schools.

     2.  The State [Board] Public Charter School Authority shall sponsor charter schools whose applications have been approved by the State [Board] Public Charter School Authority pursuant to NRS 386.525. Except as otherwise provided by specific statute, if the State [Board] Public Charter School Authority sponsors a charter school, the State [Board or the Department] Public Charter School Authority is responsible for the evaluation, monitoring and oversight of the charter school.

     3.  A college or university within the Nevada System of Higher Education may sponsor charter schools.

     4.  Each sponsor of a charter school shall carry out the following duties and powers:

     (a) Evaluating applications to form charter schools as prescribed by NRS 386.525;

     (b) Approving applications to form charter schools that the sponsor determines are high quality, meet the identified educational needs of pupils and will serve to promote the diversity of public educational choices in this State;

     (c) Declining to approve applications to form charter schools that do not satisfy the requirements of NRS 386.525;

     (d) Negotiating and executing written charters pursuant to NRS 386.527;

     (e) Monitoring, in accordance with NRS 386.500 to 386.610, inclusive, and sections 26 to 35.7, inclusive, of this act, and in accordance with the terms and conditions of the applicable written charter, the performance and compliance of each charter school sponsored by the entity; and

     (f) Determining whether each written charter of a charter school that the entity sponsors merits renewal or whether the renewal of the written charter should be denied or the written charter should be revoked in accordance with NRS 386.530 or 386.535, as applicable.

     5.  Each sponsor of a charter school shall develop policies and practices that are consistent with state laws and regulations governing charter schools.

 


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charter schools. In developing the policies and practices, the sponsor shall review and evaluate nationally recognized policies and practices for sponsoring organizations of charter schools. The policies and practices must include, without limitation:

     (a) The organizational capacity and infrastructure of the sponsor for sponsorship of charter schools, which must not be described as a limit on the number of charter schools the sponsor will approve;

     (b) The procedure for evaluating charter school applications in accordance with NRS 386.525;

     (c) A description of how the sponsor will maintain oversight of the charter schools it sponsors; and

     (d) A description of the process of evaluation for charter schools it sponsors in accordance with NRS 386.610.

     6.  Evidence of material or persistent failure to carry out the powers and duties of a sponsor prescribed by this section constitutes grounds for revocation of the entity’s authority to sponsor charter schools.

     Sec. 39.  NRS 386.520 is hereby amended to read as follows:

     386.520  1.  A committee to form a charter school must consist of at least three teachers, as defined in subsection 4. In addition to the teachers who serve, the committee may consist of:

     (a) Members of the general public;

     (b) Representatives of nonprofit organizations and businesses; or

     (c) Representatives of a college or university within the Nevada System of Higher Education.

Ê A majority of the persons described in paragraphs (a), (b) and (c) who serve on the committee must be residents of this State at the time that the application to form the charter school is submitted to the Department.

     2.  [Before a committee to form a charter school may submit an application to the board of trustees of a school district, the Subcommittee on Charter Schools, the State Board or a college or university within the Nevada System of Higher Education, it must submit the application to the Department. The] An application to form a charter school must include all information prescribed by the Department by regulation and:

     (a) A written description of how the charter school will carry out the provisions of NRS 386.500 to 386.610, inclusive [.] , and sections 26 to 35.7, inclusive, of this act.

     (b) A written description of the mission and goals for the charter school. A charter school must have as its stated purpose at least one of the following goals:

           (1) Improving the [opportunities for pupils to learn;] academic achievement of pupils;

           (2) Encouraging the use of effective and innovative methods of teaching;

           (3) Providing an accurate measurement of the educational achievement of pupils;

           (4) Establishing accountability and transparency of public schools;

           (5) Providing a method for public schools to measure achievement based upon the performance of the schools; or

           (6) Creating new professional opportunities for teachers.

     (c) The projected enrollment of pupils in the charter school.

     (d) The proposed dates of enrollment for the charter school.

 


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     (e) The proposed system of governance for the charter school, including, without limitation, the number of persons who will govern, the method of selecting the persons who will govern and the term of office for each person.

     (f) The method by which disputes will be resolved between the governing body of the charter school and the sponsor of the charter school.

     (g) The proposed curriculum for the charter school and, if applicable to the grade level of pupils who are enrolled in the charter school, the requirements for the pupils to receive a high school diploma, including, without limitation, whether those pupils will satisfy the requirements of the school district in which the charter school is located for receipt of a high school diploma.

     (h) The textbooks that will be used at the charter school.

     (i) The qualifications of the persons who will provide instruction at the charter school.

     (j) Except as otherwise required by NRS 386.595, the process by which the governing body of the charter school will negotiate employment contracts with the employees of the charter school.

     (k) A financial plan for the operation of the charter school. The plan must include, without limitation, procedures for the audit of the programs and finances of the charter school and guidelines for determining the financial liability if the charter school is unsuccessful.

     (l) A statement of whether the charter school will provide for the transportation of pupils to and from the charter school. If the charter school will provide transportation, the application must include the proposed plan for the transportation of pupils. If the charter school will not provide transportation, the application must include a statement that the charter school will work with the parents and guardians of pupils enrolled in the charter school to develop a plan for transportation to ensure that pupils have access to transportation to and from the charter school.

     (m) The procedure for the evaluation of teachers of the charter school, if different from the procedure prescribed in NRS 391.3125. If the procedure is different from the procedure prescribed in NRS 391.3125, the procedure for the evaluation of teachers of the charter school must provide the same level of protection and otherwise comply with the standards for evaluation set forth in NRS 391.3125.

     (n) The time by which certain academic or educational results will be achieved.

     (o) The kind of school, as defined in subsections 1 to 4, inclusive, of NRS 388.020, for which the charter school intends to operate.

     (p) A statement of whether the charter school will enroll pupils who are in a particular category of at-risk pupils before enrolling other children who are eligible to attend the charter school pursuant to NRS 386.580 and the method for determining eligibility for enrollment in each such category of at-risk pupils served by the charter school.

     3.  The proposed sponsor of a charter school may request that the Department review an application before review by the proposed sponsor to determine whether the application is complete. Upon such a request, the Department shall review an application to form a charter school to determine whether it is complete. If an application proposes to convert an existing public school, homeschool or other program of home study into a charter school, the Department shall deny the application. The Department shall provide written notice to the applicant and the proposed sponsor of the charter school of its [approval or denial of] determination of whether the application [.]

 


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ê2011 Statutes of Nevada, Page 2361 (Chapter 381, SB 212)ê

 

charter school of its [approval or denial of] determination of whether the application [.] is complete. If the Department [denies] determines an application [,] is not complete, the Department shall include in the written notice the reason for [the denial] its determination and the deficiencies in the application. The applicant must be granted 30 days after receipt of the written notice to correct any deficiencies identified in the written notice and resubmit the application. If the Department determines an application is complete, the Department shall transmit the application to the proposed sponsor for review pursuant to NRS 386.525.

     4.  As used in subsection 1, “teacher” means a person who:

     (a) Holds a current license to teach issued pursuant to chapter 391 of NRS; and

     (b) Has at least 2 years of experience as an employed teacher.

Ê The term does not include a person who is employed as a substitute teacher.

     Sec. 40.  NRS 386.525 is hereby amended to read as follows:

     386.525  1.  [Upon approval of an application by the Department, a] Except as otherwise provided in this subsection, a committee to form a charter school may submit the application to the [board of trustees of the school district in which the] proposed sponsor of the charter school . [will be located, a college or university within the Nevada System of Higher Education or directly to the Subcommittee on Charter Schools.] If the proposed sponsor of a charter school requested that the Department review the application pursuant to NRS 386.520 and the Department determined that the application was not complete pursuant to that section, the application may not be submitted to the proposed sponsor for review pursuant to this section. If an application proposes to convert an existing public school, homeschool or other program of home study into a charter school, the proposed sponsor shall deny the application.

     2.  If the board of trustees of a school district [,] or a college or a university [,] within the Nevada System of Higher Education, as applicable, receives an application to form a charter school, the board of trustees or the institution, as applicable, shall consider the application at a meeting that must be held not later than 45 days after the receipt of the application, or a period mutually agreed upon by the committee to form the charter school and the board of trustees of the school district or the institution, as applicable, and ensure that notice of the meeting has been provided pursuant to chapter 241 of NRS. If the proposed sponsor requested that the Department review the application pursuant to NRS 386.520, the proposed sponsor shall be deemed to receive the application pursuant to this subsection upon transmittal of the application from the Department. The board of trustees, the college [,] or the university , [or the Subcommittee on Charter Schools,] as applicable, shall review an application to determine whether the application:

     (a) Complies with NRS 386.500 to 386.610, inclusive, and sections 26 to 35.7, inclusive, of this act and the regulations applicable to charter schools; and

     (b) Is complete in accordance with the regulations of the Department.

     [2.]  3.  The Department shall assist the board of trustees of a school district, the college or the university, as applicable, in the review of an application. The board of trustees, the college or the university, as applicable, may approve an application if it satisfies the requirements of paragraphs (a) and (b) of subsection [1.]

 


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and (b) of subsection [1.] 2. The board of trustees, the college or the university, as applicable, shall provide written notice to the applicant of its approval or denial of the application.

     [3.] 4.  If the board of trustees, the college or the university, as applicable, denies an application, it shall include in the written notice the reasons for the denial and the deficiencies in the application. The applicant must be granted 30 days after receipt of the written notice to correct any deficiencies identified in the written notice and resubmit the application.

     [4.] 5.  If the board of trustees, the college or the university, as applicable, denies an application after it has been resubmitted pursuant to subsection [3,] 4, the applicant may submit a written request for sponsorship by the State [Board to the Subcommittee on Charter Schools created pursuant to NRS 386.507] Public Charter School Authority not more than 30 days after receipt of the written notice of denial. Any request that is submitted pursuant to this subsection must be accompanied by the application to form the charter school.

     [5.] 6.  If the [Subcommittee on Charter Schools] State Public Charter School Authority receives an application pursuant to subsection 1 or [4,] 5, it shall hold a meeting to consider the application. If the State Public Charter School Authority requested that the Department review the application pursuant to NRS 386.520, the State Public Charter School Authority shall be deemed to receive the application pursuant to this subsection upon transmittal of the application from the Department. The meeting must be held not later than 45 days after receipt of the application. Notice of the meeting must be posted in accordance with chapter 241 of NRS. The [Subcommittee] State Public Charter School Authority shall review the application in accordance with the factors set forth in paragraphs (a) and (b) of subsection [1. The Subcommittee may approve an application if it satisfies the requirements of paragraphs (a) and (b) of subsection 1.

     6.  The Subcommittee on Charter Schools shall transmit the application and the recommendation of the Subcommittee for approval or denial of the application to the State Board. Not more than 14 days after the date of the meeting of the Subcommittee pursuant to subsection 5, the State Board shall hold a meeting to consider the recommendation of the Subcommittee. Notice of the meeting must be posted in accordance with chapter 241 of NRS. The State Board shall review the application in accordance with the factors set forth in paragraphs (a) and (b) of subsection 1.] 2. The Department shall assist the State Public Charter School Authority in the review of an application. The State [Board] Public Charter School Authority may approve an application if it satisfies the requirements of paragraphs (a) and (b) of subsection [1.] 2. Not more than 30 days after the meeting, the State [Board] Public Charter School Authority shall provide written notice of its determination to the applicant.

     7.  If the State [Board] Public Charter School Authority denies an application, it shall include in the written notice the reasons for the denial and the deficiencies in the application. The applicant must be granted 30 days after receipt of the written notice to correct any deficiencies identified in the written notice and resubmit the application.

     8.  If the State [Board] Public Charter School Authority denies an application after it has been resubmitted pursuant to subsection 7, the applicant may, not more than 30 days after the receipt of the written notice from the State [Board,] Public Charter School Authority, appeal the final determination to the district court of the county in which the proposed charter school will be located.

 


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from the State [Board,] Public Charter School Authority, appeal the final determination to the district court of the county in which the proposed charter school will be located.

     9.  On or before January 1 of each odd-numbered year, the Superintendent of Public Instruction shall submit a written report to the Director of the Legislative Counsel Bureau for transmission to the next regular session of the Legislature. The report must include:

     (a) A list of each application to form a charter school that was submitted to the board of trustees of a school district, the State [Board,] Public Charter School Authority, a college or a university during the immediately preceding biennium;

     (b) The educational focus of each charter school for which an application was submitted;

     (c) The current status of the application; and

     (d) If the application was denied, the reasons for the denial.

     Sec. 41.  NRS 386.527 is hereby amended to read as follows:

     386.527  1.  If the State [Board,] Public Charter School Authority, the board of trustees of a school district or a college or university within the Nevada System of Higher Education approves an application to form a charter school, it shall grant a written charter to the applicant. The State [Board,] Public Charter School Authority, the board of trustees, the college or the university, as applicable, shall, not later than 10 days after the approval of the application, provide written notice to the Department of the approval and the date of the approval. If the board of trustees approves the application, the board of trustees shall be deemed the sponsor of the charter school.

     2.  If the State [Board] Public Charter School Authority approves the application:

     (a) The State [Board] Public Charter School Authority shall be deemed the sponsor of the charter school.

     (b) Neither the State of Nevada, the State Board , the State Public Charter School Authority nor the Department is an employer of the members of the governing body of the charter school or any of the employees of the charter school.

     3.  If a college or university within the Nevada System of Higher Education approves the application:

     (a) That institution shall be deemed the sponsor of the charter school.

     (b) Neither the State of Nevada, the State Board nor the Department is an employer of the members of the governing body of the charter school or any of the employees of the charter school.

     4.  The governing body of a charter school may request, at any time, a change in the sponsorship of the charter school to an entity that is authorized to sponsor charter schools pursuant to NRS 386.515. The State Board shall adopt:

     (a) [An application] A process for a charter school that requests a change in the sponsorship of the charter school, which must not require the [applicant] charter school to undergo all the requirements of an initial application to form a charter school; and

     (b) Objective criteria for the conditions under which such a request may be granted.

     5.  Except as otherwise provided in subsection 7, a written charter must be for a term of 6 years unless the governing body of a charter school renews its initial charter after 3 years of operation pursuant to subsection 2 of NRS 386.530.

 


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its initial charter after 3 years of operation pursuant to subsection 2 of NRS 386.530. A written charter must include all conditions of operation set forth in subsection 2 of NRS 386.520 and include the kind of school, as defined in subsections 1 to 4, inclusive, of NRS 388.020 for which the charter school is authorized to operate. If the State [Board] Public Charter School Authority or a college or university within the Nevada System of Higher Education is the sponsor of the charter school, the written charter must set forth the responsibilities of the sponsor and the charter school with regard to the provision of services and programs to pupils with disabilities who are enrolled in the charter school in accordance with the Individuals with Disabilities Education Act, 20 U.S.C. §§ 1400 et seq., and NRS 388.440 to 388.520, inclusive. As a condition of the issuance of a written charter pursuant to this subsection, the charter school must agree to comply with all conditions of operation set forth in NRS 386.550.

     6.  The governing body of a charter school may submit to the sponsor of the charter school a written request for an amendment of the written charter of the charter school. Such an amendment may include, without limitation, the expansion of instruction and other educational services to pupils who are enrolled in grade levels other than the grade levels of pupils currently approved for enrollment in the charter school if the expansion of grade levels does not change the kind of school, as defined in NRS 388.020, for which the charter school is authorized to operate. If the proposed amendment complies with the provisions of [this section,] NRS 386.500 to 386.610, inclusive, and sections 26 to 35.7, inclusive, of this act, and any other statute or regulation applicable to charter schools, the sponsor may amend the written charter in accordance with the proposed amendment. If a charter school wishes to expand the instruction and other educational services offered by the charter school to pupils who are enrolled in grade levels other than the grade levels of pupils currently approved for enrollment in the charter school and the expansion of grade levels changes the kind of school, as defined in NRS 388.020, for which the charter school is authorized to operate, the governing body of the charter school must submit a new application to form a charter school. If such an application is approved, the charter school may continue to operate under the same governing body and an additional governing body does not need to be selected to operate the charter school with the expanded grade levels.

     7.  The State Board shall adopt objective criteria for the issuance of a written charter to an applicant who is not prepared to commence operation on the date of issuance of the written charter. The criteria must include, without limitation, the:

     (a) Period for which such a written charter is valid; and

     (b) Timelines by which the applicant must satisfy certain requirements demonstrating its progress in preparing to commence operation.

Ê A holder of such a written charter may apply for grants of money to prepare the charter school for operation. A written charter issued pursuant to this subsection must not be designated as a conditional charter or a provisional charter or otherwise contain any other designation that would indicate the charter is issued for a temporary period.

     8.  The holder of a written charter that is issued pursuant to subsection 7 shall not commence operation of the charter school and is not eligible to receive apportionments pursuant to NRS 387.124 until the sponsor has determined that the requirements adopted by the State Board pursuant to subsection 7 have been satisfied and that the facility the charter school will occupy has been inspected and meets the requirements of any applicable building codes, codes for the prevention of fire, and codes pertaining to safety, health and sanitation.

 


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subsection 7 have been satisfied and that the facility the charter school will occupy has been inspected and meets the requirements of any applicable building codes, codes for the prevention of fire, and codes pertaining to safety, health and sanitation. Except as otherwise provided in this subsection, the sponsor shall make such a determination 30 days before the first day of school for the:

     (a) Schools of the school district in which the charter school is located that operate on a traditional school schedule and not a year-round school schedule; or

     (b) Charter school,

Ê whichever date the sponsor selects. The sponsor shall not require a charter school to demonstrate compliance with the requirements of this subsection more than 30 days before the date selected. However, it may authorize a charter school to demonstrate compliance less than 30 days before the date selected.

     Sec. 42.  (Deleted by amendment.)

     Sec. 43.  NRS 386.540 is hereby amended to read as follows:

     386.540  1.  The Department shall adopt regulations that prescribe:

     (a) The process for submission of an application by the board of trustees of a school district to the Department for authorization to sponsor charter schools and the contents of the application;

     (b) The process for submission of an application to form a charter school to the [Department, the] board of trustees of a school district, the [Subcommittee on] State [Charter Schools] Public Charter School Authority and a college or university within the Nevada System of Higher Education, and the contents of the application;

     (c) The process for submission of an application to renew a written charter; and

     (d) The criteria and type of investigation that must be applied by the board of trustees, [the Subcommittee on Charter Schools,] the State [Board] Public Charter School Authority and a college or university within the Nevada System of Higher Education in determining whether to approve an application to form a charter school or an application to renew a written charter.

     2.  The Department may adopt regulations as it determines are necessary to carry out the provisions of NRS 386.500 to 386.610, inclusive, and sections 26 to 35.7, inclusive, of this act, including, without limitation, regulations that prescribe the:

     (a) Procedures for accounting and budgeting;

     (b) Requirements for performance audits and financial audits of charter schools on an annual basis for charter schools that do not satisfy the requirements of subsection 1 of NRS 386.5515; and

     (c) Requirements for performance audits every 3 years and financial audits on an annual basis for charter schools that satisfy the requirements of subsection 1 of NRS 386.5515.

     Sec. 44.  (Deleted by amendment.)

     Sec. 45.  NRS 386.5515 is hereby amended to read as follows:

     386.5515  1.  To the extent money is available from legislative appropriation or otherwise, a charter school may apply to the Department for money for facilities if:

     (a) The charter school has been operating in this State for at least 5 consecutive years and is in good financial standing;

 


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     (b) Each financial audit and each performance audit of the charter school required by the Department pursuant to NRS 386.540 contains no major notations, corrections or errors concerning the charter school for at least 5 consecutive years;

     (c) The charter school has met or exceeded adequate yearly progress as determined pursuant to NRS 385.3613 or has demonstrated improvement in the achievement of pupils enrolled in the charter school, as indicated by annual measurable objectives determined by the State Board, for the majority of the years of its operation; and

     (d) [The charter school offers instruction on a daily basis during the school week of the charter school on the campus of the charter school; and

     (e)] At least 75 percent of the pupils enrolled in the charter school who are required to take the high school proficiency examination have passed that examination, if the charter school enrolls pupils at a high school grade level.

     2.  A charter school that satisfies the requirements of subsection 1 shall submit to a performance audit as required by the Department one time every 3 years. The sponsor of the charter school and the Department shall not request a performance audit of the charter school more frequently than every 3 years without reasonable evidence of noncompliance in achieving the educational goals and objectives of the charter school based upon the annual report submitted to the [State Board] Department pursuant to NRS 386.610. If the charter school no longer satisfies the requirements of subsection 1 or if reasonable evidence of noncompliance in achieving the educational goals and objectives of the charter school exists based upon the annual report, the charter school shall, upon written notice from the sponsor, submit to an annual performance audit. Notwithstanding the provisions of paragraph (b) of subsection 1, such a charter school:

     (a) May, after undergoing the annual performance audit, reapply to the sponsor to determine whether the charter school satisfies the requirements of paragraphs (a), (c) [,] and (d) [and (e)] of subsection 1.

     (b) Is not eligible for any available money pursuant to subsection 1 until the sponsor determines that the charter school satisfies the requirements of that subsection.

     3.  A charter school that does not satisfy the requirements of subsection 1 shall submit a quarterly report of the financial status of the charter school if requested by the sponsor of the charter school.

     Sec. 45.5.  NRS 386.560 is hereby amended to read as follows:

     386.560  1.  The governing body of a charter school may contract with the board of trustees of the school district in which the charter school is located or the Nevada System of Higher Education for the provision of facilities to operate the charter school or to perform any service relating to the operation of the charter school, including, without limitation, transportation, the provision of health services for the pupils who are enrolled in the charter school and the provision of school police officers. If the board of trustees of a school district or a college or university within the Nevada System of Higher Education is the sponsor of the charter school, the governing body and the sponsor must enter into a service agreement pursuant to section 35.3 of this act before the provision of such services.

 


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     2.  A charter school may use any public facility located within the school district in which the charter school is located. A charter school may use school buildings owned by the school district only upon approval of the board of trustees of the school district and during times that are not regular school hours.

     3.  The board of trustees of a school district may donate surplus personal property of the school district to a charter school that is located within the school district.

     4.  Except as otherwise provided in this subsection, upon the request of a parent or legal guardian of a pupil who is enrolled in a charter school, the board of trustees of the school district in which the pupil resides shall authorize the pupil to participate in a class that is not available to the pupil at the charter school or participate in an extracurricular activity, excluding sports, at a public school within the school district if:

     (a) Space for the pupil in the class or extracurricular activity is available; and

     (b) The parent or legal guardian demonstrates to the satisfaction of the board of trustees that the pupil is qualified to participate in the class or extracurricular activity.

Ê If the board of trustees of a school district authorizes a pupil to participate in a class or extracurricular activity, excluding sports, pursuant to this subsection, the board of trustees is not required to provide transportation for the pupil to attend the class or activity. The provisions of this subsection do not apply to a pupil who is enrolled in a charter school and who desires to participate on a part-time basis in a program of distance education provided by the board of trustees of a school district pursuant to NRS 388.820 to 388.874, inclusive. Such a pupil must comply with NRS 388.858.

     5.  Upon the request of a parent or legal guardian of a pupil who is enrolled in a charter school, the board of trustees of the school district in which the pupil resides shall authorize the pupil to participate in sports at the public school that he or she would otherwise be required to attend within the school district, or upon approval of the board of trustees, any public school within the same zone of attendance as the charter school if:

     (a) Space is available for the pupil to participate; and

     (b) The parent or legal guardian demonstrates to the satisfaction of the board of trustees that the pupil is qualified to participate.

Ê If the board of trustees of a school district authorizes a pupil to participate in sports pursuant to this subsection, the board of trustees is not required to provide transportation for the pupil to participate.

     6.  The board of trustees of a school district may revoke its approval for a pupil to participate in a class, extracurricular activity or sports at a public school pursuant to subsections 4 and 5 if the board of trustees or the public school determines that the pupil has failed to comply with applicable statutes, or applicable rules and regulations of the board of trustees, the public school or the Nevada Interscholastic Activities Association. If the board of trustees so revokes its approval, neither the board of trustees nor the public school is liable for any damages relating to the denial of services to the pupil.

 


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     Sec. 46.  NRS 386.570 is hereby amended to read as follows:

     386.570  1.  Each pupil who is enrolled in a charter school, including, without limitation, a pupil who is enrolled in a program of special education in a charter school, must be included in the count of pupils in the school district for the purposes of apportionments and allowances from the State Distributive School Account pursuant to NRS 387.121 to 387.126, inclusive, unless the pupil is exempt from compulsory attendance pursuant to NRS 392.070. A charter school is entitled to receive its proportionate share of any other money available from federal, state or local sources that the school or the pupils who are enrolled in the school are eligible to receive. If a charter school receives special education program units directly from this State, the amount of money for special education that the school district pays to the charter school may be reduced proportionately by the amount of money the charter school received from this State for that purpose.

     2.  All money received by the charter school from this State or from the board of trustees of a school district must be deposited in an account with a bank, credit union or other financial institution in this State. The governing body of a charter school may negotiate with the board of trustees of the school district and the State Board for additional money to pay for services which the governing body wishes to offer.

     3.  Upon completion of each school quarter, the [sponsor of a charter school may request reimbursement from the governing body of the charter school] Superintendent of Public Instruction shall pay to the sponsor of a charter school one-quarter of the yearly sponsorship fee for the administrative costs associated with sponsorship for that school quarter [if the sponsor provided administrative services during that school quarter. The request must include an itemized list of those costs. Unless a delay is granted pursuant to subsection 9, upon receipt of such a request, the governing body shall pay the reimbursement to the board of trustees of the school district if the board of trustees sponsors the charter school, to the Department if the State Board sponsors the charter school or to the college or university within the Nevada System of Higher Education if that institution sponsors the charter school. If a governing body fails to pay the reimbursement pursuant to this subsection or pursuant to a plan approved by the Superintendent of Public Instruction in accordance with subsection 9, the charter school shall be deemed to have violated its written charter and the sponsor may take such action to revoke the written charter pursuant to NRS 386.535 as it deems necessary. If the board of trustees of a school district is the sponsor of a charter school, the amount of money that may be paid to the sponsor pursuant to this subsection for administrative expenses in 1 school year must not exceed:

     (a) For the first year of operation of the charter school, 2 percent of the total amount of money apportioned to the charter school during the year pursuant to NRS 387.124, as adjusted by the final computation of apportionment pursuant to subsection 4 of NRS 387.1243.

     (b) For any year after the first year of operation of the charter school, 1 percent of the total amount of money apportioned to the charter school during the year pursuant to NRS 387.124, as adjusted by the final computation of apportionment pursuant to subsection 4 of NRS 387.1243.

     4.  If the State Board or a college or university within the Nevada System of Higher Education is the sponsor of a charter school, the amount of money that may be paid to the Department or to the institution, as applicable, pursuant to subsection 3 for administrative expenses in 1 school year must not exceed:

 


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money that may be paid to the Department or to the institution, as applicable, pursuant to subsection 3 for administrative expenses in 1 school year must not exceed:

     (a) For the first year of operation of the charter school, 2 percent of the total amount of money apportioned to the charter school during the year pursuant to NRS 387.124, as adjusted by the final computation of apportionment pursuant to subsection 4 of NRS 387.1243.

     (b) For any year after the first year of operation of the charter school, 1.5 percent of the total amount of money apportioned to the charter school during the year pursuant to NRS 387.124, as adjusted by the final computation of apportionment pursuant to subsection 4 of NRS 387.1243.

     5.] , which must be deducted from the quarterly apportionment to the charter school made pursuant to NRS 387.124. Except as otherwise provided in subsection 4, the yearly sponsorship fee for the sponsor of a charter school must be in an amount of money not to exceed 2 percent of the total amount of money apportioned to the charter school during the school year pursuant to NRS 387.124.

     4.  If the governing body of a charter school satisfies the requirements of this subsection, the governing body may submit a request to the sponsor of the charter school for approval of a sponsorship fee in an amount that is less than 2 percent but at least 1 percent of the total amount of money apportioned to the charter school during the school year pursuant to NRS 387.124. The sponsor of the charter school shall approve such a request if the sponsor of the charter school determines that the charter school satisfies the requirements of this subsection. If the sponsor of the charter school approves such a request, the sponsor shall provide notice of the decision to the governing body of the charter school and the Superintendent of Public Instruction. If the sponsor of the charter school denies such a request, the governing body of the charter school may appeal the decision of the sponsor to the Superintendent of Public Instruction. Upon appeal, the sponsor of the charter school and the governing body of the charter school are entitled to present evidence. The decision of the Superintendent of Public Instruction on the appeal is final and is not subject to judicial review. The governing body of a charter school may submit a request for a reduction of the sponsorship fee pursuant to this subsection if:

     (a) The charter school satisfies the requirements of subsection 1 of NRS 386.5515; and

     (b) There has been a decrease in the duties of the sponsor of the charter school that justifies a decrease in the sponsorship fee.

     5.  To determine the amount of money for distribution to a charter school in its first year of operation, the count of pupils who are enrolled in the charter school must initially be determined 30 days before the beginning of the school year of the school district, based on the number of pupils whose applications for enrollment have been approved by the charter school. The count of pupils who are enrolled in the charter school must be revised on the last day of the first school month of the school district in which the charter school is located for the school year, based on the actual number of pupils who are enrolled in the charter school. Pursuant to subsection 5 of NRS 387.124, the governing body of a charter school may request that the apportionments made to the charter school in its first year of operation be paid to the charter school 30 days before the apportionments are otherwise required to be made.

 


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apportionments made to the charter school in its first year of operation be paid to the charter school 30 days before the apportionments are otherwise required to be made.

     6.  If a charter school ceases to operate as a charter school during a school year, the remaining apportionments that would have been made to the charter school pursuant to NRS 387.124 for that year must be paid on a proportionate basis to the school districts where the pupils who were enrolled in the charter school reside.

     7.  The governing body of a charter school may solicit and accept donations, money, grants, property, loans, personal services or other assistance for purposes relating to education from members of the general public, corporations or agencies. The governing body may comply with applicable federal laws and regulations governing the provision of federal grants for charter schools. The State [Board] Public Charter School Authority may assist a charter school that operates exclusively for the enrollment of pupils who receive special education in identifying sources of money that may be available from the Federal Government or this State for the provision of educational programs and services to such pupils.

     8.  If a charter school uses money received from this State to purchase real property, buildings, equipment or facilities, the governing body of the charter school shall assign a security interest in the property, buildings, equipment and facilities to the State of Nevada.

     [9.  The governing body of a charter school may submit to the Superintendent of Public Instruction a written request to delay a quarterly payment of a reimbursement for the administrative costs that a charter school owes pursuant to this section. The written request must be in the form prescribed by the Superintendent and must include, without limitation, documentation that a financial hardship exists for the charter school and a plan for the payment of the reimbursement. The Superintendent may approve or deny the request and shall notify the governing body and the sponsor of the charter school of the approval or denial of the request.]

     Secs. 47-49.  (Deleted by amendment.)

     Sec. 50.  NRS 386.605 is hereby amended to read as follows:

     386.605  1.  On or before July 15 of each year, the governing body of a charter school shall submit the information concerning the charter school that is required pursuant to [subsection 2 of] NRS 385.347 to [the board of trustees of the school district in which the charter school is located] the sponsor of the charter school for inclusion in the report [of the school district] required pursuant to that section. The information must be submitted [by the charter school] in a format prescribed by the [board of trustees.] sponsor of the charter school.

     2.  The Legislative Bureau of Educational Accountability and Program Evaluation created pursuant to NRS 218E.625 may authorize a person or entity with whom it contracts pursuant to NRS 385.359 to review and analyze information submitted [by charter schools] pursuant to this section and pursuant to NRS 385.357, 385.3745 or 385.3746, whichever is applicable for the school, consult with the sponsors of the charter schools and the governing bodies of charter schools and submit written reports concerning charter schools pursuant to NRS 385.359.

 


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     Sec. 51.  NRS 386.610 is hereby amended to read as follows:

     386.610  1.  On or before August 15 of each year, [if the State Board, the board of trustees of a school district or a college or university within the Nevada System of Higher Education sponsors a charter school, the Department, the board of trustees or the institution, as applicable,] the sponsor of a charter school shall submit a written report to the [State Board.] Department. The written report must include:

     (a) An evaluation of the progress of each charter school [sponsored by the State Board, the board of trustees or the institution, as applicable,] that it sponsors in achieving [its] the educational goals and objectives [.] of the charter school.

     (b) A description of all administrative support and services provided by the [Department, the school district or the institution, as applicable,] sponsor to the charter school [.] , including, without limitation, an itemized accounting for the costs of the support and services.

     (c) An identification of each charter school approved by the sponsor:

           (1) Which has not opened and the scheduled time for opening, if any;

           (2) Which is open and in operation;

           (3) Which has transferred sponsorship;

           (4) Whose written charter has been revoked by the sponsor;

           (5) Whose written charter has not been renewed by the sponsor; and

           (6) Which has voluntarily ceased operation.

     (d) A description of the strategic vision of the sponsor for the charter schools that it sponsors and the progress of the sponsor in achieving that vision.

     (e) A description of the services provided by the sponsor pursuant to a service agreement entered into with the governing body of the charter school pursuant to section 35.3 of this act, including an itemized accounting of the actual costs of those services.

     2.  The governing body of a charter school shall, after 3 years of operation under its initial charter, submit a written report to the sponsor of the charter school. The written report must include a description of the progress of the charter school in achieving its educational goals and objectives. If the charter school submits an application for renewal in accordance with the regulations of the Department, the sponsor may renew the written charter of the school pursuant to subsection 2 of NRS 386.530.

     Sec. 52.  NRS 386.650 is hereby amended to read as follows:

     386.650  1.  The Department shall establish and maintain an automated system of accountability information for Nevada. The system must:

     (a) Have the capacity to provide and report information, including, without limitation, the results of the achievement of pupils:

           (1) In the manner required by 20 U.S.C. §§ 6301 et seq., and the regulations adopted pursuant thereto, and NRS 385.3469 and 385.347; and

           (2) In a separate reporting for each group of pupils identified in paragraph (b) of subsection 1 of NRS 385.361;

     (b) Include a system of unique identification for each pupil:

           (1) To ensure that individual pupils may be tracked over time throughout this State; and

 


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           (2) That, to the extent practicable, may be used for purposes of identifying a pupil for both the public schools and the Nevada System of Higher Education, if that pupil enrolls in the System after graduation from high school;

     (c) Have the capacity to provide longitudinal comparisons of the academic achievement, rate of attendance and rate of graduation of pupils over time throughout this State;

     (d) Have the capacity to perform a variety of longitudinal analyses of the results of individual pupils on assessments, including, without limitation, the results of pupils by classroom and by school;

     (e) Have the capacity to identify which teachers are assigned to individual pupils and which paraprofessionals, if any, are assigned to provide services to individual pupils;

     (f) Have the capacity to provide other information concerning schools and school districts that is not linked to individual pupils, including, without limitation, the designation of schools and school districts pursuant to NRS 385.3623 and 385.377, respectively, and an identification of which schools, if any, are persistently dangerous;

     (g) Have the capacity to access financial accountability information for each public school, including, without limitation, each charter school, for each school district and for this State as a whole; and

     (h) Be designed to improve the ability of the Department, the sponsors of charter schools, the school districts and the public schools in this State, including, without limitation, charter schools, to account for the pupils who are enrolled in the public schools, including, without limitation, charter schools.

Ê The information maintained pursuant to paragraphs (c), (d) and (e) must be used for the purpose of improving the achievement of pupils and improving classroom instruction. The information must be considered, but must not be used as the sole criterion, in evaluating the performance of or taking disciplinary action against an individual teacher, paraprofessional or other employee.

     2.  The board of trustees of each school district shall:

     (a) Adopt and maintain the program prescribed by the Superintendent of Public Instruction pursuant to subsection 3 for the collection, maintenance and transfer of data from the records of individual pupils to the automated system of information, including, without limitation, the development of plans for the educational technology which is necessary to adopt and maintain the program;

     (b) Provide to the Department electronic data concerning pupils as required by the Superintendent of Public Instruction pursuant to subsection 3; and

     (c) Ensure that an electronic record is maintained in accordance with subsection 3 of NRS 386.655.

     3.  The Superintendent of Public Instruction shall:

     (a) Prescribe a uniform program throughout this State for the collection, maintenance and transfer of data that each school district must adopt, which must include standardized software;

     (b) Prescribe the data to be collected and reported to the Department by each school district and each sponsor of a charter school pursuant to subsection 2 and by each university school for profoundly gifted pupils;

     (c) Prescribe the format for the data;

 


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     (d) Prescribe the date by which each school district shall report the data to the Department;

     (e) Prescribe the date by which each charter school shall report the data to the sponsor of the charter school;

     (f) Prescribe the date by which each university school for profoundly gifted pupils shall report the data to the Department;

     (g) Prescribe standardized codes for all data elements used within the automated system and all exchanges of data within the automated system, including, without limitation, data concerning:

           (1) Individual pupils;

           (2) Individual teachers and paraprofessionals;

           (3) Individual schools and school districts; and

           (4) Programs and financial information;

     (h) Provide technical assistance to each school district to ensure that the data from each public school in the school district, including, without limitation, each charter school and university school for profoundly gifted pupils located within the school district, is compatible with the automated system of information and comparable to the data reported by other school districts; and

     (i) Provide for the analysis and reporting of the data in the automated system of information.

     4.  The Department shall establish, to the extent authorized by the Family Educational Rights and Privacy Act of 1974, 20 U.S.C. § 1232g, and any regulations adopted pursuant thereto, a mechanism by which persons or entities, including, without limitation, state officers who are members of the Executive or Legislative Branch, administrators of public schools and school districts, teachers and other educational personnel, and parents and guardians, will have different types of access to the accountability information contained within the automated system to the extent that such information is necessary for the performance of a duty or to the extent that such information may be made available to the general public without posing a threat to the confidentiality of an individual pupil.

     5.  The Department may, to the extent authorized by the Family Educational Rights and Privacy Act of 1974, 20 U.S.C. § 1232g, and any regulations adopted pursuant thereto, enter into an agreement with the Nevada System of Higher Education to provide access to data contained within the automated system for research purposes.

     Sec. 53.  NRS 387.124 is hereby amended to read as follows:

     387.124  Except as otherwise provided in this section and NRS 387.528:

     1.  On or before August 1, November 1, February 1 and May 1 of each year, the Superintendent of Public Instruction shall apportion the State Distributive School Account in the State General Fund among the several county school districts, charter schools and university schools for profoundly gifted pupils in amounts approximating one-fourth of their respective yearly apportionments less any amount set aside as a reserve. The apportionment to a school district, computed on a yearly basis, equals the difference between the basic support and the local funds available pursuant to NRS 387.1235, minus all the funds attributable to pupils who reside in the county but attend a charter school, all the funds attributable to pupils who reside in the county and are enrolled full-time or part-time in a program of distance education provided by another school district or a charter school and all the funds attributable to pupils who are enrolled in a university school for profoundly gifted pupils located in the county.

 


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gifted pupils located in the county. No apportionment may be made to a school district if the amount of the local funds exceeds the amount of basic support.

     2.  Except as otherwise provided in subsection 3, the apportionment to a charter school, computed on a yearly basis, is equal to the sum of the basic support per pupil in the county in which the pupil resides plus the amount of local funds available per pupil pursuant to NRS 387.1235 and all other funds available for public schools in the county in which the pupil resides minus the sponsorship fee prescribed by NRS 386.570 and minus all the funds attributable to pupils who are enrolled in the charter school but are concurrently enrolled part-time in a program of distance education provided by a school district or another charter school. If the apportionment per pupil to a charter school is more than the amount to be apportioned to the school district in which a pupil who is enrolled in the charter school resides, the school district in which the pupil resides shall pay the difference directly to the charter school.

     3.  The apportionment to a charter school that is sponsored by the State [Board] Public Charter School Authority or by a college or university within the Nevada System of Higher Education, computed on a yearly basis, is equal to the sum of the basic support per pupil in the county in which the pupil resides plus the amount of local funds available per pupil pursuant to NRS 387.1235 and all other funds available for public schools in the county in which the pupil resides, minus the sponsorship fee prescribed by NRS 386.570 and minus all funds attributable to pupils who are enrolled in the charter school but are concurrently enrolled part-time in a program of distance education provided by a school district or another charter school.

     4.  In addition to the apportionments made pursuant to this section, an apportionment must be made to a school district or charter school that provides a program of distance education for each pupil who is enrolled part-time in the program. The amount of the apportionment must be equal to the percentage of the total time services are provided to the pupil through the program of distance education per school day in proportion to the total time services are provided during a school day to pupils who are counted pursuant to subparagraph (2) of paragraph (a) of subsection 1 of NRS 387.1233 for the school district in which the pupil resides.

     5.  The governing body of a charter school may submit a written request to the Superintendent of Public Instruction to receive, in the first year of operation of the charter school, an apportionment 30 days before the apportionment is required to be made pursuant to subsection 1. Upon receipt of such a request, the Superintendent of Public Instruction may make the apportionment 30 days before the apportionment is required to be made. A charter school may receive all four apportionments in advance in its first year of operation.

     6.  The apportionment to a university school for profoundly gifted pupils, computed on a yearly basis, is equal to the sum of the basic support per pupil in the county in which the university school is located plus the amount of local funds available per pupil pursuant to NRS 387.1235 and all other funds available for public schools in the county in which the university school is located. If the apportionment per pupil to a university school for profoundly gifted pupils is more than the amount to be apportioned to the school district in which the university school is located, the school district shall pay the difference directly to the university school. The governing body of a university school for profoundly gifted pupils may submit a written request to the Superintendent of Public Instruction to receive, in the first year of operation of the university school, an apportionment 30 days before the apportionment is required to be made pursuant to subsection 1.

 


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of a university school for profoundly gifted pupils may submit a written request to the Superintendent of Public Instruction to receive, in the first year of operation of the university school, an apportionment 30 days before the apportionment is required to be made pursuant to subsection 1. Upon receipt of such a request, the Superintendent of Public Instruction may make the apportionment 30 days before the apportionment is required to be made. A university school for profoundly gifted pupils may receive all four apportionments in advance in its first year of operation.

     7.  The Superintendent of Public Instruction shall apportion, on or before August 1 of each year, the money designated as the “Nutrition State Match” pursuant to NRS 387.105 to those school districts that participate in the National School Lunch Program, 42 U.S.C. §§ 1751 et seq. The apportionment to a school district must be directly related to the district’s reimbursements for the Program as compared with the total amount of reimbursements for all school districts in this State that participate in the Program.

     8.  If the State Controller finds that such an action is needed to maintain the balance in the State General Fund at a level sufficient to pay the other appropriations from it, the State Controller may pay out the apportionments monthly, each approximately one-twelfth of the yearly apportionment less any amount set aside as a reserve. If such action is needed, the State Controller shall submit a report to the Department of Administration and the Fiscal Analysis Division of the Legislative Counsel Bureau documenting reasons for the action.

     Sec. 54.  NRS 388.795 is hereby amended to read as follows:

     388.795  1.  The Commission shall establish a plan for the use of educational technology in the public schools of this State. In preparing the plan, the Commission shall consider:

     (a) Plans that have been adopted by the Department and the school districts in this State;

     (b) Plans that have been adopted in other states;

     (c) The information reported pursuant to paragraph (t) of subsection 2 of NRS 385.347 [;] and similar information included in the annual report of accountability information prepared by the State Public Charter School Authority and a college or university within the Nevada System of Higher Education that sponsors a charter school pursuant to subsection 3 of NRS 385.347;

     (d) The results of the assessment of needs conducted pursuant to subsection 6; and

     (e) Any other information that the Commission or the Committee deems relevant to the preparation of the plan.

     2.  The plan established by the Commission must include recommendations for methods to:

     (a) Incorporate educational technology into the public schools of this State;

     (b) Increase the number of pupils in the public schools of this State who have access to educational technology;

     (c) Increase the availability of educational technology to assist licensed teachers and other educational personnel in complying with the requirements of continuing education, including, without limitation, the receipt of credit for college courses completed through the use of educational technology;

 


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     (d) Facilitate the exchange of ideas to improve the achievement of pupils who are enrolled in the public schools of this State; and

     (e) Address the needs of teachers in incorporating the use of educational technology in the classroom, including, without limitation, the completion of training that is sufficient to enable the teachers to instruct pupils in the use of educational technology.

     3.  The Department shall provide:

     (a) Administrative support;

     (b) Equipment; and

     (c) Office space,

Ê as is necessary for the Commission to carry out the provisions of this section.

     4.  The following entities shall cooperate with the Commission in carrying out the provisions of this section:

     (a) The State Board.

     (b) The board of trustees of each school district.

     (c) The superintendent of schools of each school district.

     (d) The Department.

     5.  The Commission shall:

     (a) Develop technical standards for educational technology and any electrical or structural appurtenances necessary thereto, including, without limitation, uniform specifications for computer hardware and wiring, to ensure that such technology is compatible, uniform and can be interconnected throughout the public schools of this State.

     (b) Allocate money to the school districts from the Trust Fund for Educational Technology created pursuant to NRS 388.800 and any money appropriated by the Legislature for educational technology, subject to any priorities for such allocation established by the Legislature.

     (c) Establish criteria for the board of trustees of a school district that receives an allocation of money from the Commission to:

           (1) Repair, replace and maintain computer systems.

           (2) Upgrade and improve computer hardware and software and other educational technology.

           (3) Provide training, installation and technical support related to the use of educational technology within the district.

     (d) Submit to the Governor, the Committee and the Department its plan for the use of educational technology in the public schools of this State and any recommendations for legislation.

     (e) Review the plan annually and make revisions as it deems necessary or as directed by the Committee or the Department.

     (f) In addition to the recommendations set forth in the plan pursuant to subsection 2, make further recommendations to the Committee and the Department as the Commission deems necessary.

     6.  During the spring semester of each even-numbered school year, the Commission shall conduct an assessment of the needs of each school district relating to educational technology. In conducting the assessment, the Commission shall consider:

     (a) The recommendations set forth in the plan pursuant to subsection 2;

     (b) The plan for educational technology of each school district, if applicable;

     (c) Evaluations of educational technology conducted for the State or for a school district, if applicable; and

 


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     (d) Any other information deemed relevant by the Commission.

Ê The Commission shall submit a final written report of the assessment to the Superintendent of Public Instruction on or before April 1 of each even-numbered year.

     7.  The Superintendent of Public Instruction shall prepare a written compilation of the results of the assessment conducted by the Commission and transmit the written compilation on or before June 1 of each even-numbered year to the Legislative Committee on Education and to the Director of the Legislative Counsel Bureau for transmission to the next regular session of the Legislature.

     8.  The Commission may appoint an advisory committee composed of members of the Commission or other qualified persons to provide recommendations to the Commission regarding standards for the establishment, coordination and use of a telecommunications network in the public schools throughout the various school districts in this State. The advisory committee serves at the pleasure of the Commission and without compensation unless an appropriation or other money for that purpose is provided by the Legislature.

     9.  As used in this section, “public school” includes the Caliente Youth Center, the Nevada Youth Training Center and any other state facility for the detention of children that is operated pursuant to title 5 of NRS.

     Sec. 55.  NRS 392.128 is hereby amended to read as follows:

     392.128  1.  Each advisory board to review school attendance created pursuant to NRS 392.126 shall:

     (a) Review the records of the attendance and truancy of pupils submitted to the advisory board to review school attendance by the board of trustees of the school district or the State Public Charter School Authority or a college or university within the Nevada System of Higher Education that sponsors a charter school pursuant to subsection [7] 8 of NRS 385.347;

     (b) Identify factors that contribute to the truancy of pupils in the school district;

     (c) Establish programs to reduce the truancy of pupils in the school district, including, without limitation, the coordination of services available in the community to assist with the intervention, diversion and discipline of pupils who are truant;

     (d) At least annually, evaluate the effectiveness of those programs;

     (e) Establish a procedure for schools and school districts for the reporting of the status of pupils as habitual truants; and

     (f) Inform the parents and legal guardians of the pupils who are enrolled in the schools within the district of the policies and procedures adopted pursuant to the provisions of this section.

     2.  The chair of an advisory board may divide the advisory board into subcommittees. The advisory board may delegate one or more of the duties of the advisory board to a subcommittee of the advisory board, including, without limitation, holding hearings pursuant to NRS 392.147. If the chair of an advisory board divides the advisory board into subcommittees, the chair shall notify the board of trustees of the school district of this action. Upon receipt of such a notice, the board of trustees shall establish rules and procedures for each such subcommittee. A subcommittee shall abide by the applicable rules and procedures when it takes action or makes decisions.

     3.  An advisory board to review school attendance may work with a family resource center or other provider of community services to provide assistance to pupils who are truant.

 


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assistance to pupils who are truant. The advisory board shall identify areas within the school district in which community services are not available to assist pupils who are truant. As used in this subsection, “family resource center” has the meaning ascribed to it in NRS 430A.040.

     4.  An advisory board to review school attendance created in a county pursuant to NRS 392.126 may use money appropriated by the Legislature and any other money made available to the advisory board for the use of programs to reduce the truancy of pupils in the school district. The advisory board to review school attendance shall, on a quarterly basis, provide to the board of trustees of the school district an accounting of the money used by the advisory board to review school attendance to reduce the truancy of pupils in the school district.

     Sec. 56.  NRS 218E.615 is hereby amended to read as follows:

     218E.615  1.  The Committee may:

     (a) Evaluate, review and comment upon issues related to education within this State, including, but not limited to:

           (1) Programs to enhance accountability in education;

           (2) Legislative measures regarding education;

           (3) The progress made by this State, the school districts and the public schools in this State in satisfying the goals and objectives of the federal No Child Left Behind Act of 2001, 20 U.S.C. §§ 6301 et seq., and the annual measurable objectives established by the State Board of Education pursuant to NRS 385.361;

           (4) Methods of financing public education;

           (5) The condition of public education in the elementary and secondary schools;

           (6) The program to reduce the ratio of pupils per class per licensed teacher prescribed in NRS 388.700, 388.710 and 388.720;

           (7) The development of any programs to automate the receipt, storage and retrieval of the educational records of pupils; and

           (8) Any other matters that, in the determination of the Committee, affect the education of pupils within this State.

     (b) Conduct investigations and hold hearings in connection with its duties pursuant to this section.

     (c) Request that the Legislative Counsel Bureau assist in the research, investigations, hearings and reviews of the Committee.

     (d) Make recommendations to the Legislature concerning the manner in which public education may be improved.

     2.  The Committee shall:

     (a) In addition to any standards prescribed by the Department of Education, prescribe standards for the review and evaluation of the reports of the State Board of Education, State Public Charter School Authority, school districts and public schools pursuant to paragraph (a) of subsection 1 of NRS 385.359.

     (b) For the purposes set forth in NRS 385.389, recommend to the Department of Education programs of remedial study for each subject tested on the examinations administered pursuant to NRS 389.015. In recommending these programs of remedial study, the Committee shall consider programs of remedial study that have proven to be successful in improving the academic achievement of pupils.

 


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     (c) Recommend to the Department of Education providers of supplemental educational services for inclusion on the list of approved providers prepared by the Department pursuant to NRS 385.384. In recommending providers, the Committee shall consider providers with a demonstrated record of effectiveness in improving the academic achievement of pupils.

     (d) For the purposes set forth in NRS 385.3785, recommend to the Commission on Educational Excellence created by NRS 385.3784 programs, practices and strategies that have proven effective in improving the academic achievement and proficiency of pupils.

     Sec. 57.  NRS 386.507 and 386.508 are hereby repealed.

     Sec. 58.  The Department of Education shall, on or before October 1, 2011, transfer to the Account for the State Public Charter School Authority created by section 35 of this act any unexpended money collected by the Department pursuant to NRS 386.570 for reimbursement of the administrative costs associated with sponsorship of charter schools sponsored by the State Board of Education.

     Sec. 59.  Notwithstanding the provisions of section 31 of this act to the contrary, on October 1, 2011, the Governor shall appoint a Director of the State Public Charter School Authority to a term of 3 years. The Director appointed by the Governor must have a demonstrated understanding of charter schools and a commitment to using charter schools as a way to strengthen public education in this State. Upon the expiration of the term of the Director or if a vacancy occurs before the expiration of the term, the State Public Charter School Authority shall appoint the Director in accordance with section 31 of this act.

     Sec. 60.  To assist the State Public Charter School Authority created by section 28.5 of this act in carrying out its duties and responsibilities, the Department of Education shall, on or before January 1, 2012, transfer the following positions in the Department of Education to the State Public Charter School Authority:

     1.  One management analyst position;

     2.  One administrative assistant position; and

     3.  Up to three educational program professionals with job duties and responsibilities that relate to charter schools.

     Sec. 61.  On or before January 1, 2012, the members of the State Public Charter School Authority created by section 28.5 of this act shall be appointed to terms commencing on January 1, 2012, as follows:

     1.  One member appointed by the Governor to a term that expires on June 30, 2013.

     2.  One member appointed by the Governor to a term that expires on June 30, 2015.

     3.  One member appointed by the Majority Leader of the Senate to a term that expires on June 30, 2013.

     4.  One member appointed by the Majority Leader of the Senate to a term that expires on June 30, 2015.

     5.  One member appointed by the Speaker of the Assembly to a term that expires on June 30, 2013.

     6.  One member appointed by the Speaker of the Assembly to a term that expires on June 30, 2015.

 


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ê2011 Statutes of Nevada, Page 2380 (Chapter 381, SB 212)ê

 

     7.  One member must be appointed by the Charter School Association of Nevada or its successor organization to a term that expires on June 30, 2015. For the initial selection pursuant to this subsection, the Superintendent of Public Instruction shall designate the association of charter schools that is authorized to appoint a member of the State Public Charter School Authority.

     Sec. 62.  The Legislative Counsel shall, in preparing the reprint and supplement to the Nevada Revised Statutes with respect to any section which is not amended by this act or is adopted or amended by another act, appropriately change any reference to an officer or agency whose responsibilities have been transferred pursuant to the provisions of this act to refer to the appropriate officer or agency. If any internal reference is made to a section repealed by this act, the Legislative Counsel shall delete the reference and replace it by reference to the superseding section, if any.

     Sec. 63.  (Deleted by amendment.)

     Sec. 64.  A charter school that is approved to operate as a charter school sponsored by the State Board of Education before January 1, 2012, shall be deemed to be sponsored by the State Public Charter School Authority created pursuant to section 28.5 of this act commencing on January 1, 2012, and the written charter of the charter school shall remain in effect until the expiration of the written charter, unless the written charter is revoked by the State Public Charter School Authority pursuant to NRS 386.535. Before expiration of the written charter, such a charter school may apply to the State Public Charter School Authority for renewal of its written charter pursuant to NRS 386.530.

     Sec. 65.  This act becomes effective upon passage and approval for the purpose of performing any preparatory administrative tasks that are necessary to carry out the provisions of this act, and on July 1, 2011, for all other purposes.

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