Senate Bill No. 1–Committee of the Whole
CHAPTER..........
AN ACT relating to education; requiring the State Board of Education to define the measurement for determining whether this state, each school district and each public school has made adequate yearly progress in accordance with the federal No Child Left Behind Act of 2001; requiring the State Board to prepare an annual report of accountability; requiring the State Board, each school district and each public school to develop a plan to improve the achievement of pupils; revising provisions governing the designations of public schools; requiring the Department of Education to designate school districts based upon the achievement of pupils enrolled in the school district; prescribing the consequences for public schools and school districts that are designated as demonstrating need for improvement; revising provisions governing accountability and reporting; revising provisions governing the examinations that are administered to pupils in public schools; revising provisions governing the qualifications required of certain teachers and paraprofessionals to comply with the federal No Child Left Behind Act of 2001; revising provisions governing the regional training programs for the professional development of teachers and administrators and the Statewide Council for the Coordination of the Regional Training Programs; making appropriations; revising various other provisions governing education to comply with the federal No Child Left Behind Act of 2001; and providing other matters properly relating thereto.
Whereas, In 1997, the Nevada Legislature adopted the Nevada Education Reform Act which set forth a sound structure of accountability for the public schools in the State of Nevada; and
Whereas, Since the enactment of the Nevada Education Reform Act of 1997, this state has implemented sweeping reforms to its system of public education, including, without limitation, the adoption of rigorous academic standards of content and performance that demand a high level of quality and performance by pupils and the provision of professional development for teachers and administrators to help pupils meet the challenging new standards; and
Whereas, On January 8, 2002, the President of the United States signed into law the No Child Left Behind Act of 2001, which contained sweeping changes to the Elementary and Secondary Education Act of 1965; and
Whereas, The No Child Left Behind Act requires each state to have a single, statewide system of accountability applicable to all pupils, challenging academic content standards and periodic examinations on those challenging academic standards so that all children, including, without limitation, children with disabilities, children who are limited English proficient, children who are economically disadvantaged and children from major racial and ethnic groups will meet or exceed, not later than 2014, the minimum level of proficiency on the examinations; and
Whereas, Although certain provisions of the No Child Left Behind Act pertain only to those school districts and public schools, including, without limitation, charter schools, receiving money pursuant to that federal law, the Nevada Legislature acknowledges that by applying some of those provisions statewide to all school districts and all public schools, including, without limitation, charter schools, Nevada’s system of accountability will be further strengthened; and
Whereas, While the Nevada Education Reform Act of 1997 made a significant contribution toward accomplishing the system of accountability required by the No Child Left Behind Act of 2001, the Nevada Legislature recognizes that there is a need for further reform to ensure that the State of Nevada fully complies with the No Child Left Behind Act; and
Whereas, The Nevada Education Reform Act of 1997 provides a sound cornerstone from which to launch a new era of accountability in this state; now, therefore,
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
1-1 Section 1. Chapter 385 of NRS is hereby amended by adding
1-2 thereto the provisions set forth as sections 2 to 40, inclusive, of this
1-3 act.
1-4 Sec. 2. “Title I school” means a public school that receives
1-5 money pursuant to the No Child Left Behind Act of 2001, 20
1-6 U.S.C. §§ 6301 et seq., and is obligated to comply with the
1-7 provisions of that federal law.
1-8 Sec. 3. “Title I school district” means a school district that
1-9 receives money pursuant to the No Child Left Behind Act of 2001,
1-10 20 U.S.C. §§ 6301 et seq., and is obligated to comply with the
1-11 provisions of that federal law.
1-12 Sec. 4. The provisions of sections 2 to 40, inclusive, of this
1-13 act do not supersede, negate or otherwise limit the effect or
1-14 application of the provisions of chapters 288 and 391 of NRS or
1-15 the rights, remedies and procedures afforded to employees of a
1-16 school district under the terms of collective bargaining
2-1 agreements, memoranda of understanding or other such
2-2 agreements between employees and their employers.
2-3 Sec. 5. 1. The State Board shall define the measurement
2-4 for determining whether each public school, each school district
2-5 and this state are making adequate yearly progress. The definition
2-6 of adequate yearly progress must:
2-7 (a) Comply with 20 U.S.C. § 6311(b)(2) and the regulations
2-8 adopted pursuant thereto;
2-9 (b) Be designed to ensure that all pupils will meet or exceed
2-10 the minimum level of proficiency set by the State Board, including,
2-11 without limitation:
2-12 (1) Pupils who are economically disadvantaged, as defined
2-13 by the State Board;
2-14 (2) Pupils from major racial and ethnic groups, as defined
2-15 by the State Board;
2-16 (3) Pupils with disabilities; and
2-17 (4) Pupils who are limited English proficient;
2-18 (c) Be based primarily upon the measurement of progress of
2-19 pupils on the examinations administered pursuant to NRS 389.550
2-20 or the high school proficiency examination, as applicable;
2-21 (d) Include annual measurable objectives established pursuant
2-22 to 20 U.S.C. § 6311(b)(2)(G) and the regulations adopted pursuant
2-23 thereto;
2-24 (e) For high schools, include the rate of graduation; and
2-25 (f) For elementary schools, junior high schools and middle
2-26 schools, include the rate of attendance.
2-27 2. The examination in science must not be included in the
2-28 definition of adequate yearly progress.
2-29 3. The State Board shall prescribe, by regulation, the
2-30 consequences or sanctions, or both, that apply to a public school
2-31 that is not a Title I school and that has been designated as
2-32 demonstrating need for improvement for 4 consecutive years or
2-33 more. In no event may the consequences or sanctions be more
2-34 strict than the restructuring that applies to Title I schools.
2-35 Sec. 6. The State Board shall adopt regulations that
2-36 prescribe the criteria to be used for designating:
2-37 1. Public schools that do not satisfy the criteria for
2-38 demonstrating adequate achievement or need for improvement:
2-39 (a) As demonstrating exemplary achievement.
2-40 (b) As demonstrating high achievement.
2-41 2. School districts that do not satisfy the criteria for
2-42 demonstrating adequate achievement or need for improvement:
2-43 (a) As demonstrating exemplary achievement.
2-44 (b) As demonstrating high achievement.
2-45 Sec. 7. 1. The State Board shall adopt regulations that
2-46 prescribe, consistent with 20 U.S.C. §§ 6301 et seq. and the
3-1 regulations adopted pursuant thereto, the manner in which pupils
3-2 enrolled in:
3-3 (a) A program of distance education pursuant to NRS 388.820
3-4 to 388.874, inclusive;
3-5 (b) An alternative program for the education of pupils at risk
3-6 of dropping out of high school; or
3-7 (c) A program of education that:
3-8 (1) Primarily serves pupils with disabilities; or
3-9 (2) Is operated within a:
3-10 (I) Youth training center;
3-11 (II) Youth center;
3-12 (III) Juvenile forestry camp;
3-13 (IV) Detention home;
3-14 (V) Youth camp;
3-15 (VI) Juvenile correctional institution;
3-16 (VII) Child welfare agency; or
3-17 (VIII) Correctional institution,
3-18 will be included within the statewide system of accountability set
3-19 forth in sections 2 to 40, inclusive, of this act.
3-20 2. The regulations adopted pursuant to subsection 1 must
3-21 also set forth the manner in which:
3-22 (a) The progress of pupils enrolled in a program of distance
3-23 education, an alternative program or a program of education
3-24 described in subsection 1 will be accounted for within the
3-25 statewide system of accountability; and
3-26 (b) The results of pupils enrolled in a program of distance
3-27 education, an alternative program or a program of education
3-28 described in subsection 1 on the examinations administered
3-29 pursuant to NRS 389.015 and 389.550 will be reported.
3-30 Sec. 8. 1. The State Board shall prepare an annual report
3-31 of accountability that includes, without limitation:
3-32 (a) Information on the achievement of all pupils based upon
3-33 the results of the examinations administered pursuant to NRS
3-34 389.015 and 389.550, reported for each school district, including,
3-35 without limitation, each charter school in the district, and for this
3-36 state as a whole.
3-37 (b) Except as otherwise provided in subsection 2, pupil
3-38 achievement, reported separately by gender and reported
3-39 separately for the following subgroups of pupils:
3-40 (1) Pupils who are economically disadvantaged, as defined
3-41 by the State Board;
3-42 (2) Pupils from major racial and ethnic groups, as defined
3-43 by the State Board;
3-44 (3) Pupils with disabilities;
3-45 (4) Pupils who are limited English proficient; and
4-1 (5) Pupils who are migratory children, as defined by the
4-2 State Board.
4-3 (c) A comparison of the achievement of pupils in each
4-4 subgroup identified in paragraph (b) of subsection 1 of section 5
4-5 of this act with the annual measurable objectives of the State
4-6 Board.
4-7 (d) The percentage of all pupils who were not tested, reported
4-8 for each school district, including, without limitation, each charter
4-9 school in the district, and for this state as a whole.
4-10 (e) Except as otherwise provided in subsection 2, the
4-11 percentage of pupils who were not tested, reported separately by
4-12 gender and reported separately for the subgroups identified in
4-13 paragraph (b).
4-14 (f) The most recent 3-year trend in the achievement of pupils
4-15 in each subject area tested and each grade level tested pursuant to
4-16 NRS 389.015 and 389.550, reported for each school district,
4-17 including, without limitation, each charter school in the district,
4-18 and for this state as a whole, which may include information
4-19 regarding the trend in the achievement of pupils for more than 3
4-20 years, if such information is available.
4-21 (g) Information on whether each school district has made
4-22 adequate yearly progress, including, without limitation, the name
4-23 of each school district, if any, designated as demonstrating need
4-24 for improvement pursuant to section 35 of this act and the number
4-25 of consecutive years that the school district has carried that
4-26 designation.
4-27 (h) Information on whether each public school, including,
4-28 without limitation, each charter school, has made adequate yearly
4-29 progress, including, without limitation, the name of each public
4-30 school, if any, designated as demonstrating need for improvement
4-31 pursuant to section 16 of this act and the number of consecutive
4-32 years that the school has carried that designation.
4-33 (i) Information on the results of pupils who participated in the
4-34 examinations of the National Assessment of Educational Progress
4-35 required pursuant to NRS 389.012.
4-36 (j) The ratio of pupils to teachers in kindergarten and at each
4-37 grade level for all elementary schools, reported for each school
4-38 district, including, without limitation, each charter school in the
4-39 district, and for this state as a whole, and the average class size for
4-40 each core academic subject, as set forth in NRS 389.018, for each
4-41 secondary school, reported for each school district and for this
4-42 state as a whole.
4-43 (k) For each school district, including, without limitation, each
4-44 charter school in the district, and for this state as a whole,
4-45 information on the professional qualifications of teachers
5-1 employed by the school districts and charter schools, including,
5-2 without limitation:
5-3 (1) The percentage of teachers who are:
5-4 (I) Providing instruction pursuant to NRS 391.125;
5-5 (II) Providing instruction pursuant to a waiver of the
5-6 requirements for licensure for the grade level or subject area in
5-7 which the teachers are employed; or
5-8 (III) Otherwise providing instruction without an
5-9 endorsement for the subject area in which the teachers are
5-10 employed;
5-11 (2) The percentage of classes in the core academic subjects,
5-12 as set forth in NRS 389.018, in this state that are not taught by
5-13 highly qualified teachers; and
5-14 (3) The percentage of classes in the core academic subjects,
5-15 as set forth in NRS 389.018, in this state that are not taught by
5-16 highly qualified teachers, in the aggregate and disaggregated by
5-17 high-poverty compared to low-poverty schools, which for the
5-18 purposes of this subparagraph, means schools in the top quartile
5-19 of poverty and the bottom quartile of poverty in this state.
5-20 (l) The total expenditure per pupil for each school district in
5-21 this state, including, without limitation, each charter school in the
5-22 district. If this state has a financial analysis program that is
5-23 designed to track educational expenditures and revenues to
5-24 individual schools, the State Board shall use that statewide
5-25 program in complying with this paragraph. If a statewide program
5-26 is not available, the State Board shall use the Department’s own
5-27 financial analysis program in complying with this paragraph.
5-28 (m) The total statewide expenditure per pupil. If this state has
5-29 a financial analysis program that is designed to track educational
5-30 expenditures and revenues to individual schools, the State Board
5-31 shall use that statewide program in complying with this
5-32 paragraph. If a statewide program is not available, the State Board
5-33 shall use the Department’s own financial analysis program in
5-34 complying with this paragraph.
5-35 (n) For all elementary schools, junior high schools and middle
5-36 schools, the rate of attendance, reported for each school district,
5-37 including, without limitation, each charter school in the district,
5-38 and for this state as a whole.
5-39 (o) The annual rate of pupils who drop out of school in grades
5-40 9 to 12, inclusive, reported for each school district, including,
5-41 without limitation, each charter school in the district, and for this
5-42 state as a whole, excluding pupils who:
5-43 (1) Provide proof to the school district of successful
5-44 completion of the examinations of general educational
5-45 development.
6-1 (2) Are enrolled in courses that are approved by the
6-2 Department as meeting the requirements for an adult standard
6-3 diploma.
6-4 (3) Withdraw from school to attend another school.
6-5 (p) The attendance of teachers who provide instruction,
6-6 reported for each school district, including, without limitation,
6-7 each charter school in the district, and for this state as a whole.
6-8 (q) Incidents involving weapons or violence, reported for each
6-9 school district, including, without limitation, each charter school
6-10 in the district, and for this state as a whole.
6-11 (r) Incidents involving the use or possession of alcoholic
6-12 beverages or controlled substances, reported for each school
6-13 district, including, without limitation, each charter school in the
6-14 district, and for this state as a whole.
6-15 (s) The suspension and expulsion of pupils required or
6-16 authorized pursuant to NRS 392.466 and 392.467, reported for
6-17 each school district, including, without limitation, each charter
6-18 school in the district, and for this state as a whole.
6-19 (t) The number of pupils who are deemed habitual disciplinary
6-20 problems pursuant to NRS 392.4655, reported for each school
6-21 district, including, without limitation, each charter school in the
6-22 district, and for this state as a whole.
6-23 (u) The number of pupils in each grade who are retained in
6-24 the same grade pursuant to NRS 392.033 or 392.125, reported for
6-25 each school district, including, without limitation, each charter
6-26 school in the district, and for this state as a whole.
6-27 (v) The transiency rate of pupils, reported for each school
6-28 district, including, without limitation, each charter school in the
6-29 district, and for this state as a whole. For the purposes of this
6-30 paragraph, a pupil is not a transient if he is transferred to a
6-31 different school within the school district as a result of a change in
6-32 the zone of attendance by the board of trustees of the school
6-33 district pursuant to NRS 388.040.
6-34 (w) Each source of funding for this state to be used for the
6-35 system of public education.
6-36 (x) The amount and sources of money received by this state for
6-37 remedial education.
6-38 (y) The percentage of pupils who graduated from a high
6-39 school or charter school in the immediately preceding year and
6-40 enrolled in remedial courses in reading, writing or mathematics at
6-41 a university or community college within the University and
6-42 Community College System of Nevada, reported for each school
6-43 district, including, without limitation, each charter school in the
6-44 district, and for this state as a whole.
6-45 (z) The technological facilities and equipment available for
6-46 educational purposes, reported for each school district, including,
7-1 without limitation, each charter school in the district, and for this
7-2 state as a whole.
7-3 (aa) For each school district, including, without limitation,
7-4 each charter school in the district, and for this state as a whole,
7-5 the number and percentage of pupils who received:
7-6 (1) A standard high school diploma.
7-7 (2) An adjusted diploma.
7-8 (3) A certificate of attendance.
7-9 (bb) The number and percentage of pupils who did not receive
7-10 a high school diploma because the pupils failed to pass the high
7-11 school proficiency examination, reported for each school district,
7-12 including, without limitation, each charter school in the district,
7-13 and for this state as a whole.
7-14 (cc) The number of habitual truants who are reported to a
7-15 school police officer or local law enforcement agency pursuant to
7-16 paragraph (a) of subsection 2 of NRS 392.144 and the number of
7-17 habitual truants who are referred to an advisory board to review
7-18 school attendance pursuant to paragraph (b) of subsection 2 of
7-19 NRS 392.144, reported for each school district, including, without
7-20 limitation, each charter school in the district, and for this state as
7-21 a whole.
7-22 (dd) Information on the paraprofessionals employed at public
7-23 schools in this state, including, without limitation, the charter
7-24 schools in this state. The information must include:
7-25 (1) The number of paraprofessionals employed, reported
7-26 for each school district, including, without limitation, each charter
7-27 school in the district, and for this state as a whole; and
7-28 (2) For each school district, including, without limitation,
7-29 each charter school in the district, and for this state as a whole,
7-30 the number and percentage of all paraprofessionals who do not
7-31 satisfy the qualifications set forth in 20 U.S.C. § 6319(c). The
7-32 reporting requirements of this subparagraph apply to
7-33 paraprofessionals who are employed in programs supported with
7-34 Title I money and to paraprofessionals who are not employed in
7-35 programs supported with Title I money.
7-36 (ee) An identification of appropriations made by the
7-37 Legislature to improve the academic achievement of pupils and
7-38 programs approved by the Legislature to improve the academic
7-39 achievement of pupils.
7-40 2. A separate reporting for a subgroup of pupils must not be
7-41 made pursuant to this section if the number of pupils in that
7-42 subgroup is insufficient to yield statistically reliable information
7-43 or the results would reveal personally identifiable information
7-44 about an individual pupil. The State Board shall prescribe a
7-45 mechanism for determining the minimum number of pupils that
8-1 must be in a subgroup for that subgroup to yield statistically
8-2 reliable information.
8-3 3. The annual report of accountability must:
8-4 (a) Comply with 20 U.S.C. § 6311(h)(1) and the regulations
8-5 adopted pursuant thereto;
8-6 (b) Be prepared in a concise manner; and
8-7 (c) Be presented in an understandable and uniform format
8-8 and, to the extent practicable, provided in a language that parents
8-9 can understand.
8-10 4. On or before September 1 of each year, the State Board
8-11 shall provide for public dissemination of the annual report of
8-12 accountability and submit a copy of the report to the:
8-13 (a) Governor;
8-14 (b) Committee;
8-15 (c) Bureau;
8-16 (d) Board of Regents of the University of Nevada;
8-17 (e) Board of trustees of each school district; and
8-18 (f) Governing body of each charter school.
8-19 5. As used in this section:
8-20 (a) “Highly qualified” has the meaning ascribed to it in 20
8-21 U.S.C. § 7801(23).
8-22 (b) “Paraprofessional” has the meaning ascribed to it in
8-23 section 73 of this act.
8-24 Sec. 9. 1. The State Board shall prepare a plan to improve
8-25 the achievement of pupils enrolled in the public schools in this
8-26 state. The plan:
8-27 (a) Must be prepared in consultation with:
8-28 (1) Employees of the Department;
8-29 (2) At least one employee of a school district in a county
8-30 whose population is 100,000 or more, appointed by the Nevada
8-31 School Boards Association;
8-32 (3) At least one employee of a school district in a county
8-33 whose population is less than 100,000, appointed by the Nevada
8-34 School Boards Association; and
8-35 (4) At least one representative of the Statewide Council for
8-36 the Coordination of the Regional Training Programs created by
8-37 NRS 391.516, appointed by the Council; and
8-38 (b) May be prepared in consultation with:
8-39 (1) Representatives of institutions of higher education;
8-40 (2) Representatives of regional educational laboratories;
8-41 (3) Representatives of outside consultant groups;
8-42 (4) Representatives of the regional training programs for
8-43 the professional development of teachers and administrators
8-44 established pursuant to NRS 391.512;
8-45 (5) The Bureau; and
9-1 (6) Other persons who the State Board determines are
9-2 appropriate.
9-3 2. A plan to improve the achievement of pupils enrolled in
9-4 public schools in this state must include:
9-5 (a) A review and analysis of the data upon which the report
9-6 required pursuant to section 8 of this act is based and a review and
9-7 analysis of any data that is more recent than the data upon which
9-8 the report is based.
9-9 (b) The identification of any problems or factors common
9-10 among the school districts or charter schools in this state, as
9-11 revealed by the review and analysis.
9-12 (c) Strategies based upon scientifically based research, as
9-13 defined in 20 U.S.C. § 7801(37), that will strengthen the core
9-14 academic subjects, as set forth in NRS 389.018.
9-15 (d) Strategies to improve the academic achievement of pupils
9-16 enrolled in public schools in this state, including, without
9-17 limitation, strategies to:
9-18 (1) Instruct pupils who are not achieving to their fullest
9-19 potential;
9-20 (2) Increase the rate of attendance of pupils and reduce the
9-21 number of pupils who drop out of school;
9-22 (3) Integrate technology into the instructional and
9-23 administrative programs of the school districts;
9-24 (4) Manage effectively the discipline of pupils; and
9-25 (5) Enhance the professional development offered for the
9-26 teachers and administrators employed at public schools in this
9-27 state to include the activities set forth in 20 U.S.C. § 7801(34), as
9-28 deemed appropriate by the State Board.
9-29 (e) Strategies designed to provide to the pupils enrolled in
9-30 middle school, junior high school and high school, the teachers
9-31 and counselors who provide instruction to those pupils, and the
9-32 parents and guardians of those pupils information concerning:
9-33 (1) The requirements for admission to an institution of
9-34 higher education and the opportunities for financial aid;
9-35 (2) The availability of millennium scholarships pursuant to
9-36 NRS 396.911 to 396.938, inclusive; and
9-37 (3) The need for a pupil to make informed decisions about
9-38 his curriculum in middle school, junior high school and high
9-39 school in preparation for success after graduation.
9-40 (f) An identification, by category, of the employees of the
9-41 Department who are responsible for ensuring that each provision
9-42 of the plan is carried out effectively.
9-43 (g) For each provision of the plan, a timeline for carrying out
9-44 that provision, including, without limitation, a timeline for
9-45 monitoring whether the provision is carried out effectively.
10-1 (h) For each provision of the plan, measurable criteria for
10-2 determining whether the provision has contributed toward
10-3 improving the academic achievement of pupils, increasing the rate
10-4 of attendance of pupils and reducing the number of pupils who
10-5 drop out of school.
10-6 (i) Strategies to improve the allocation of resources from this
10-7 state, by program and by school district, in a manner that will
10-8 improve the academic achievement of pupils. If this state has a
10-9 financial analysis program that is designed to track educational
10-10 expenditures and revenues to individual schools, the State Board
10-11 shall use that statewide program in complying with this
10-12 paragraph. If a statewide program is not available, the State Board
10-13 shall use the Department’s own financial analysis program in
10-14 complying with this paragraph.
10-15 (j) Based upon the reallocation of resources set forth in
10-16 paragraph (i), the resources available to the State Board and the
10-17 Department to carry out the plan.
10-18 (k) A summary of the effectiveness of appropriations made by
10-19 the Legislature to improve the academic achievement of pupils
10-20 and programs approved by the Legislature to improve the
10-21 academic achievement of pupils.
10-22 3. The State Board shall:
10-23 (a) Review the plan prepared pursuant to this section annually
10-24 to evaluate the effectiveness of the plan; and
10-25 (b) Based upon the evaluation of the plan, make revisions, as
10-26 necessary, to ensure that the plan is designed to improve the
10-27 academic achievement of pupils enrolled in public schools in this
10-28 state.
10-29 4. On or before December 15 of each year, the State Board
10-30 shall submit the plan or the revised plan, as applicable, to the:
10-31 (a) Governor;
10-32 (b) Committee;
10-33 (c) Bureau;
10-34 (d) Board of Regents of the University of Nevada;
10-35 (e) Council to Establish Academic Standards for Public
10-36 Schools created by NRS 389.510;
10-37 (f) Board of trustees of each school district; and
10-38 (g) Governing body of each charter school.
10-39 Sec. 10. 1. The board of trustees of each school district
10-40 shall, in consultation with the employees of the school district,
10-41 prepare a plan to improve the achievement of pupils enrolled in
10-42 the school district, excluding pupils who are enrolled in charter
10-43 schools located in the school district. If the school district is a Title
10-44 I school district designated as demonstrating need for
10-45 improvement pursuant to section 35 of this act, the plan must also
10-46 be prepared in consultation with parents and guardians of pupils
11-1 enrolled in the school district and other persons who the board of
11-2 trustees determines are appropriate.
11-3 2. Except as otherwise provided in this subsection, the plan
11-4 must include the items set forth in 20 U.S.C. § 6316(c)(7) and the
11-5 regulations adopted pursuant thereto. If a school district has not
11-6 been designated as demonstrating need for improvement pursuant
11-7 to section 35 of this act, the board of trustees of the school district
11-8 is not required to include those items set forth in 20 U.S.C. §
11-9 6316(c)(7) and the regulations adopted pursuant thereto that
11-10 directly relate to the status of a school district as needing
11-11 improvement.
11-12 3. In addition to the requirements of subsection 2, a plan to
11-13 improve the achievement of pupils enrolled in a school district
11-14 must include:
11-15 (a) A review and analysis of the data upon which the report
11-16 required pursuant to subsection 2 of NRS 385.347 is based and a
11-17 review and analysis of any data that is more recent than the data
11-18 upon which the report is based.
11-19 (b) The identification of any problems or factors at individual
11-20 schools that are revealed by the review and analysis.
11-21 (c) Strategies based upon scientifically based research, as
11-22 defined in 20 U.S.C. § 7801(37), that will strengthen the core
11-23 academic subjects, as set forth in NRS 389.018.
11-24 (d) Strategies to improve the academic achievement of pupils
11-25 enrolled in the school district including, without limitation,
11-26 strategies to:
11-27 (1) Instruct pupils who are not achieving to their fullest
11-28 potential;
11-29 (2) Increase the rate of attendance of pupils and reduce the
11-30 number of pupils who drop out of school;
11-31 (3) Integrate technology into the instructional and
11-32 administrative programs of the school district;
11-33 (4) Manage effectively the discipline of pupils; and
11-34 (5) Enhance the professional development offered for the
11-35 teachers and administrators employed by the school district to
11-36 include the activities set forth in 20 U.S.C. § 7801(34), as deemed
11-37 appropriate by the board of trustees of the school district.
11-38 (e) An identification, by category, of the employees of the
11-39 school district who are responsible for ensuring that each
11-40 provision of the plan is carried out effectively.
11-41 (f) In consultation with the Department, an identification, by
11-42 category, of the employees of the Department, if any, who are
11-43 responsible for overseeing and monitoring whether the plan is
11-44 carried out effectively.
12-1 (g) For each provision of the plan, a timeline for carrying out
12-2 that provision, including, without limitation, a timeline for
12-3 monitoring whether the provision is carried out effectively.
12-4 (h) For each provision of the plan, measurable criteria for
12-5 determining whether the provision has contributed toward
12-6 improving the academic achievement of pupils, increasing the rate
12-7 of attendance of pupils and reducing the number of pupils who
12-8 drop out of school.
12-9 (i) Strategies to improve the allocation of resources from the
12-10 school district, by program and by school, in a manner that will
12-11 improve the academic achievement of pupils. If this state has a
12-12 financial analysis program that is designed to track educational
12-13 expenditures and revenues to individual schools, each school
12-14 district shall use that statewide program in complying with this
12-15 paragraph. If a statewide program is not available, each school
12-16 district shall use its own financial analysis program in complying
12-17 with this paragraph.
12-18 (j) Based upon the reallocation of resources set forth in
12-19 paragraph (i), the resources available to the school district to carry
12-20 out the plan.
12-21 (k) A summary of the effectiveness of appropriations made by
12-22 the Legislature that are available to the school district or the
12-23 schools within the school district to improve the academic
12-24 achievement of pupils and programs approved by the Legislature
12-25 to improve the academic achievement of pupils.
12-26 4. The board of trustees of each school district shall:
12-27 (a) Review the plan prepared pursuant to this section annually
12-28 to evaluate the effectiveness of the plan; and
12-29 (b) Based upon the evaluation of the plan, make revisions, as
12-30 necessary, to ensure that the plan is designed to improve the
12-31 academic achievement of pupils enrolled in the school district.
12-32 5. On or before December 15 of each year, the board of
12-33 trustees of each school district shall submit the plan or the revised
12-34 plan, as applicable, to the:
12-35 (a) Superintendent of Public Instruction;
12-36 (b) Governor;
12-37 (c) State Board;
12-38 (d) Department;
12-39 (e) Committee; and
12-40 (f) Bureau.
12-41 Sec. 11. 1. The principal of each school, including, without
12-42 limitation, each charter school, shall, in consultation with the
12-43 employees of the school, prepare a plan to improve the
12-44 achievement of the pupils enrolled in the school.
12-45 2. The plan developed pursuant to subsection 1 must include:
13-1 (a) A review and analysis of the data pertaining to the school
13-2 upon which the report required pursuant to subsection 2 of NRS
13-3 385.347 is based and a review and analysis of any data that is
13-4 more recent than the data upon which the report is based.
13-5 (b) The identification of any problems or factors at the school
13-6 that are revealed by the review and analysis.
13-7 (c) Strategies based upon scientifically based research, as
13-8 defined in 20 U.S.C. § 7801(37), that will strengthen the core
13-9 academic subjects, as defined in NRS 389.018.
13-10 (d) Policies and practices concerning the core academic
13-11 subjects which have the greatest likelihood of ensuring that each
13-12 subgroup of pupils identified in paragraph (b) of subsection 1 of
13-13 section 5 of this act who are enrolled in the school will make
13-14 adequate yearly progress and meet the minimum level of
13-15 proficiency prescribed by the State Board.
13-16 (e) Annual measurable objectives, consistent with the annual
13-17 measurable objectives established by the State Board pursuant to
13-18 section 5 of this act, for the continuous and substantial progress
13-19 by each subgroup of pupils identified in paragraph (b) of
13-20 subsection 1 of that section who are enrolled in the school to
13-21 ensure that each subgroup will make adequate yearly progress and
13-22 meet the level of proficiency prescribed by the State Board.
13-23 (f) Strategies, consistent with the policy adopted pursuant to
13-24 NRS 392.457 by the board of trustees of the school district in
13-25 which the school is located, to promote effective involvement by
13-26 parents and families of pupils enrolled in the school in the
13-27 education of their children.
13-28 (g) As appropriate, programs of remedial education or tutoring
13-29 to be offered before and after school, during the summer, or
13-30 between sessions if the school operates on a year-round calendar
13-31 for pupils enrolled in the school who need additional instructional
13-32 time to pass or to reach a level considered proficient.
13-33 (h) Strategies to improve the academic achievement of pupils
13-34 enrolled in the school, including, without limitation, strategies to:
13-35 (1) Instruct pupils who are not achieving to their fullest
13-36 potential;
13-37 (2) Increase the rate of attendance of pupils and reduce the
13-38 number of pupils who drop out of school;
13-39 (3) Integrate technology into the instructional and
13-40 administrative programs of the school;
13-41 (4) Manage effectively the discipline of pupils; and
13-42 (5) Enhance the professional development offered for the
13-43 teachers and administrators employed at the school to include the
13-44 activities set forth in 20 U.S.C. § 7801(34), as deemed appropriate
13-45 by the principal and other persons and entities responsible for the
13-46 development of the plan.
14-1 (i) An identification, by category, of the employees of the
14-2 school who are responsible for ensuring that the plan is carried
14-3 out effectively.
14-4 (j) In consultation with the school district or governing body,
14-5 as applicable, an identification, by category, of the employees of
14-6 the school district or governing body, if any, who are responsible
14-7 for ensuring that the plan is carried out effectively or for
14-8 overseeing and monitoring whether the plan is carried out
14-9 effectively.
14-10 (k) In consultation with the Department, an identification, by
14-11 category, of the employees of the Department, if any, who are
14-12 responsible for overseeing and monitoring whether the plan is
14-13 carried out effectively.
14-14 (l) For each provision of the plan, a timeline for carrying out
14-15 that provision, including, without limitation, a timeline for
14-16 monitoring whether the provision is carried out effectively.
14-17 (m) For each provision of the plan, measurable criteria for
14-18 determining whether the provision has contributed toward
14-19 improving the academic achievement of pupils, increasing the rate
14-20 of attendance of pupils and reducing the number of pupils who
14-21 drop out of school.
14-22 (n) The resources available to the school to carry out the plan.
14-23 If this state has a financial analysis program that is designed to
14-24 track educational expenditures and revenues to individual schools,
14-25 each school shall use that statewide program in complying with
14-26 this paragraph. If a statewide program is not available, each
14-27 school shall use the financial analysis program used by the school
14-28 district in which the school is located in complying with this
14-29 paragraph.
14-30 (o) A summary of the effectiveness of appropriations made by
14-31 the Legislature that are available to the school to improve the
14-32 academic achievement of pupils and programs approved by the
14-33 Legislature to improve the academic achievement of pupils.
14-34 3. In addition to the requirements of subsection 2, if a school
14-35 has been designated as demonstrating need for improvement
14-36 pursuant to section 16 of this act, the plan must comply with 20
14-37 U.S.C. § 6316(b)(3) and the regulations adopted pursuant thereto.
14-38 4. Except as otherwise provided in subsection 5, the principal
14-39 of each school shall, in consultation with the employees of the
14-40 school:
14-41 (a) Review the plan prepared pursuant to this section annually
14-42 to evaluate the effectiveness of the plan; and
14-43 (b) Based upon the evaluation of the plan, make revisions, as
14-44 necessary, to ensure that the plan is designed to improve the
14-45 academic achievement of pupils enrolled in the school.
15-1 5. If a school has been designated as demonstrating need for
15-2 improvement pursuant to section 16 of this act, the technical
15-3 assistance partnership or the support team established for the
15-4 school, as applicable, shall review the plan and make revisions to
15-5 the most recent plan for improvement of the school pursuant to
15-6 section 20 or 25 of this act, as applicable. If the school is a Title I
15-7 school that has been designated as demonstrating need for
15-8 improvement, the technical assistance partnership or support team
15-9 established for the school, as applicable, shall, in making revisions
15-10 to the plan, work in consultation with parents and guardians of
15-11 pupils enrolled in the school and, to the extent deemed appropriate
15-12 by the entity responsible for creating the partnership or support
15-13 team, outside experts.
15-14 6. On or before November 1 of each year, the principal of
15-15 each school, or the technical assistance partnership or support
15-16 team established for the school, as applicable, shall submit the
15-17 plan or the revised plan, as applicable, to:
15-18 (a) If the school is a public school of the school district, the
15-19 superintendent of schools of the school district.
15-20 (b) If the school is a charter school, the governing body of the
15-21 charter school.
15-22 7. If a Title I school is designated as demonstrating need for
15-23 improvement pursuant to section 16 of this act, the superintendent
15-24 of schools of the school district or the governing body, as
15-25 applicable, shall carry out a process for peer review of the plan or
15-26 the revised plan, as applicable, in accordance with 20 U.S.C. §
15-27 6316(b)(3)(E) and the regulations adopted pursuant thereto. Not
15-28 later than 45 days after receipt of the plan, the superintendent of
15-29 schools of the school district or the governing body, as applicable,
15-30 shall approve the plan or the revised plan, as applicable, if it meets
15-31 the requirements of 20 U.S.C. § 6316(b)(3) and the regulations
15-32 adopted pursuant thereto and the requirements of this section. The
15-33 superintendent of schools of the school district or the governing
15-34 body, as applicable, may condition approval of the plan or the
15-35 revised plan, as applicable, in the manner set forth in 20 U.S.C. §
15-36 6316(b)(3)(B) and the regulations adopted pursuant thereto. The
15-37 State Board shall prescribe the requirements for the process of
15-38 peer review, including, without limitation, the qualifications of
15-39 persons who may serve as peer reviewers.
15-40 8. If a school is designated as demonstrating exemplary
15-41 achievement, high achievement or adequate achievement, or if a
15-42 school that is not a Title I school is designated as demonstrating
15-43 need for improvement, not later than 45 days after receipt of the
15-44 plan or the revised plan, as applicable, the superintendent of
15-45 schools of the school district or the governing body, as applicable,
16-1 shall approve the plan or the revised plan if it meets the
16-2 requirements of this section.
16-3 9. On or before December 15 of each year, the principal of
16-4 each school, or the technical assistance partnership or support
16-5 team established for the school, as applicable, shall submit the
16-6 final plan or the final revised plan, as applicable, to the:
16-7 (a) Superintendent of Public Instruction;
16-8 (b) Governor;
16-9 (c) State Board;
16-10 (d) Department;
16-11 (e) Committee;
16-12 (f) Bureau; and
16-13 (g) Board of trustees of the school district in which the school
16-14 is located.
16-15 10. A plan for the improvement of a school must be carried
16-16 out expeditiously, but not later than January 1 after approval of
16-17 the plan pursuant to subsection 7 or 8, as applicable.
16-18 Sec. 12. 1. On or before June 15 of each year, the
16-19 Department shall determine whether each public school is making
16-20 adequate yearly progress, as defined by the State Board pursuant
16-21 to section 5 of this act. The determination for a public school,
16-22 including, without limitation, a charter school sponsored by the
16-23 board of trustees of the school district, must be made in
16-24 consultation with the board of trustees of the school district in
16-25 which the public school is located. If a charter school is sponsored
16-26 by the State Board, the Department shall make a determination for
16-27 the charter school in consultation with the State Board. The
16-28 determination made for each school must be based only upon the
16-29 information and data for those pupils who are enrolled in the
16-30 school for a full academic year. On or before June 15 of each
16-31 year, the Department shall transmit:
16-32 (a) Except as otherwise provided in paragraph (b), the
16-33 determination made for each public school to the board of trustees
16-34 of the school district in which the public school is located.
16-35 (b) To the State Board the determination made for each
16-36 charter school that is sponsored by the State Board.
16-37 2. Except as otherwise provided in this subsection, the
16-38 Department shall determine that a public school has failed to
16-39 make adequate yearly progress if any subgroup identified in
16-40 paragraph (b) of subsection 1 of section 5 of this act does not
16-41 satisfy the annual measurable objectives established by the State
16-42 Board pursuant to that section. To comply with 20 U.S.C. §
16-43 6311(b)(2)(I) and the regulations adopted pursuant thereto, the
16-44 State Board shall prescribe by regulation the conditions under
16-45 which a school shall be deemed to have made adequate yearly
16-46 progress even though a subgroup identified in paragraph (b) of
17-1 subsection 1 of section 4 of this act did not satisfy the annual
17-2 measurable objectives of the State Board.
17-3 3. In addition to the provisions of subsection 2, the
17-4 Department shall determine that a public school has failed to
17-5 make adequate yearly progress if:
17-6 (a) The number of pupils enrolled in the school who took the
17-7 examinations administered pursuant to NRS 389.550 or the high
17-8 school proficiency examination, as applicable, is less than 95
17-9 percent of all pupils enrolled in the school who were required to
17-10 take the examinations; or
17-11 (b) Except as otherwise provided in subsection 4, for each
17-12 subgroup of pupils identified in paragraph (b) of subsection 1 of
17-13 section 5 of this act, the number of pupils in the subgroup enrolled
17-14 in the school who took the examinations administered pursuant to
17-15 NRS 389.550 or the high school proficiency examination, as
17-16 applicable, is less than 95 percent of all pupils in that subgroup
17-17 enrolled in the school who were required to take the examinations.
17-18 4. If the number of pupils in a particular subgroup who are
17-19 enrolled in a public school is insufficient to yield statistically
17-20 reliable information:
17-21 (a) The Department shall not determine that the school has
17-22 failed to make adequate yearly progress pursuant to paragraph (b)
17-23 of subsection 3 based solely upon that particular subgroup.
17-24 (b) The pupils in such a subgroup must be included in the
17-25 overall count of pupils enrolled in the school who took the
17-26 examinations.
17-27 The State Board shall prescribe the mechanism for determining
17-28 the number of pupils that must be in a subgroup for that subgroup
17-29 to yield statistically reliable information.
17-30 5. If an irregularity in testing administration or an
17-31 irregularity in testing security occurs at a school and the
17-32 irregularity invalidates the test scores of pupils, those test scores
17-33 must not be included in the scores of pupils reported for the school
17-34 and the attendance of those pupils must not be counted towards
17-35 the total number of pupils who took the examinations, but must be
17-36 included in the total number of pupils who were required to take
17-37 the examinations. If the pupils take an additional administration
17-38 of the examinations during the same school year, the scores of
17-39 pupils on those examinations must not be included in the scores of
17-40 pupils reported for the school.
17-41 6. As used in this section:
17-42 (a) “Irregularity in testing administration” has the meaning
17-43 ascribed to it in NRS 389.604.
17-44 (b) “Irregularity in testing security” has the meaning ascribed
17-45 to it in NRS 389.608.
18-1 Sec. 13. 1. If a public school fails to make adequate yearly
18-2 progress for 1 year:
18-3 (a) Except as otherwise provided in paragraph (b), the board
18-4 of trustees of the school district in which the school is located shall
18-5 ensure that the school receives technical assistance in the manner
18-6 set forth in 20 U.S.C. § 6316(b)(4) and the regulations adopted
18-7 pursuant thereto. For a charter school sponsored by the school
18-8 district, the board of trustees shall provide the technical assistance
18-9 to the charter school in conjunction with the governing body of
18-10 the charter school.
18-11 (b) For a charter school sponsored by the State Board, the
18-12 Department shall ensure, in conjunction with the governing body
18-13 of the charter school, that the school receives technical assistance
18-14 in the manner set forth in 20 U.S.C. § 6316(b)(4) and the
18-15 regulations adopted pursuant thereto.
18-16 2. If a public school fails to make adequate yearly progress
18-17 for 1 year, the principal of the school shall ensure that the plan to
18-18 improve the achievement of pupils enrolled in the school is
18-19 reviewed, revised and approved in accordance with section 11 of
18-20 this act.
18-21 Sec. 14. 1. Except as otherwise provided in subsection 3, if
18-22 the number of pupils enrolled in a school who took the
18-23 examinations administered pursuant to NRS 389.550 is less than
18-24 95 percent of all pupils enrolled in the school who were required
18-25 to take the examinations, the Department shall notify the school
18-26 and the school district in which the school is located that the
18-27 school is required to provide, in the same school year, for an
18-28 additional administration of examinations, as prescribed by the
18-29 State Board pursuant to subsection 2. Except as otherwise
18-30 provided in this subsection, the school district shall pay for all
18-31 costs related to the administration of the examinations pursuant to
18-32 this subsection. If a charter school is required to administer
18-33 examinations pursuant to this subsection, the charter school shall
18-34 pay for all costs related to the administration of the examinations
18-35 to pupils enrolled in the charter school.
18-36 2. The State Board shall prescribe by regulation the
18-37 additional examinations that a school shall administer pursuant to
18-38 subsection 1.
18-39 3. The Department may, for good cause shown, grant a
18-40 waiver to a school from the requirements of subsection 1.
18-41 Sec. 15. If the Department determines that a public school
18-42 has failed to make adequate yearly progress pursuant to
18-43 subsection 3 of section 12 of this act:
18-44 1. The Department or its designee shall, to the extent money
18-45 is available, monitor at the school the administration of the
18-46 examinations that are required pursuant to NRS 389.550 and
19-1 ensure that all eligible pupils who are in attendance on the day of
19-2 the administration of the examinations are given an opportunity to
19-3 take the examinations until the percentage of pupils who take the
19-4 examinations is 95 percent or more of all pupils enrolled in the
19-5 school who are required to take the examinations.
19-6 2. The school is not required to adopt a program of remedial
19-7 study pursuant to NRS 385.389 and is not eligible to receive
19-8 money for remedial programs made available by legislative
19-9 appropriation for the purposes of NRS 385.389.
19-10 Sec. 16. 1. Except as otherwise provided in paragraph (b)
19-11 of subsection 4, a school must be designated as demonstrating
19-12 exemplary achievement if the school:
19-13 (a) Makes adequate yearly progress, as determined by the
19-14 Department pursuant to section 12 of this act; and
19-15 (b) Satisfies the requirements of the State Board prescribed
19-16 pursuant to section 6 of this act.
19-17 2. Except as otherwise provided in paragraph (b) of
19-18 subsection 4, a school must be designated as demonstrating high
19-19 achievement if the school:
19-20 (a) Makes adequate yearly progress, as determined by the
19-21 Department pursuant to section 12 of this act; and
19-22 (b) Satisfies the requirements of the State Board prescribed
19-23 pursuant to section 6 of this act.
19-24 3. Except as otherwise provided in paragraph (b) of
19-25 subsection 4, a school must be designated as demonstrating
19-26 adequate achievement if the school makes adequate yearly
19-27 progress, as determined by the Department pursuant to section 12
19-28 of this act.
19-29 4. A school must be designated as demonstrating need for
19-30 improvement if the school:
19-31 (a) Fails to make adequate yearly progress, as determined by
19-32 the Department pursuant to section 12 of this act; or
19-33 (b) The school makes adequate yearly progress, as determined
19-34 by the Department pursuant to section 12 of this act, but was
19-35 designated as demonstrating need for improvement pursuant to
19-36 paragraph (a) in the immediately preceding year for failing to
19-37 make adequate yearly progress.
19-38 The initial designation of a school as demonstrating need for
19-39 improvement must be based upon 2 consecutive years of data and
19-40 information for that school.
19-41 5. If a public school is designated as demonstrating need for
19-42 improvement pursuant to paragraph (a) of subsection 4, the
19-43 designation of the school as demonstrating need for improvement
19-44 must not be removed until the school has made adequate yearly
19-45 progress for 2 consecutive years.
20-1 Sec. 17. 1. Based upon the information received from the
20-2 Department pursuant to section 12 of this act, the board of trustees
20-3 of each school district shall designate, on or before July 1 of each
20-4 year, each public school in the school district in accordance with
20-5 section 16 of this act, excluding charter schools sponsored by the
20-6 State Board. The board of trustees shall make designations for all
20-7 charter schools that are sponsored by the board of trustees. The
20-8 Department shall make designations for all charter schools that
20-9 are sponsored by the State Board. The initial designation of a
20-10 school as demonstrating need for improvement must be based
20-11 upon 2 consecutive years of data and information for that school.
20-12 2. If the board of trustees of a school district or the
20-13 Department, as applicable, determines that a public school is
20-14 demonstrating need for improvement, the board of trustees or the
20-15 Department shall issue a preliminary designation for that school
20-16 on or before July 1. Before making a final designation for the
20-17 school, the board of trustees of the school district or the
20-18 Department, as applicable, shall provide the school an opportunity
20-19 to review the data upon which the proposed designation is based
20-20 and to present evidence in the manner set forth in 20 U.S.C. §
20-21 6316(b)(2) and the regulations adopted pursuant thereto. If the
20-22 school is a public school of the school district or a charter school
20-23 sponsored by the board of trustees, the board of trustees of the
20-24 school district shall, in consultation with the Department, make a
20-25 final determination concerning the designation for the school on
20-26 August 1. If the school is a charter school sponsored by the State
20-27 Board, the Department shall make a final determination
20-28 concerning the designation for the school on August 1.
20-29 3. On or before August 1 of each year, the Department shall
20-30 provide written notice of the determinations made pursuant to
20-31 section 12 of this act and the designations made pursuant to this
20-32 section as follows:
20-33 (a) The determinations and designations made for all schools
20-34 in this state to the:
20-35 (1) Governor;
20-36 (2) State Board;
20-37 (3) Committee; and
20-38 (4) Bureau.
20-39 (b) The determinations and designations made for all schools
20-40 within a school district to the:
20-41 (1) Superintendent of schools of the school district; and
20-42 (2) Board of trustees of the school district.
20-43 (c) The determination and designation made for each school to
20-44 the principal of the school.
20-45 Sec. 18. 1. If a public school is designated as
20-46 demonstrating need for improvement pursuant to section 16 of this
21-1 act and the provisions of section 21, 23 or 29 of this act do not
21-2 apply, the technical assistance partnership established for the
21-3 school pursuant to this section shall carry out the requirements of
21-4 section 20 of this act.
21-5 2. Except as otherwise provided in subsection 3, if a public
21-6 school is designated as demonstrating need for improvement
21-7 pursuant to section 16 of this act and the provisions of section 21,
21-8 23 or 29 of this act do not apply, the board of trustees of the school
21-9 district shall:
21-10 (a) Provide notice of the designation to the parents and
21-11 guardians of pupils enrolled in the school on the form prescribed
21-12 by the Department pursuant to section 39 of this act;
21-13 (b) Ensure that the school receives technical assistance in the
21-14 manner set forth in 20 U.S.C. § 6316(b)(4) and the regulations
21-15 adopted pursuant thereto; and
21-16 (c) Establish a technical assistance partnership for the school,
21-17 with the membership prescribed pursuant to section 19 of this act.
21-18 3. If a charter school is designated as demonstrating need for
21-19 improvement pursuant to section 14 of this act and the provisions
21-20 of section 21, 23 or 29 of this act do not apply:
21-21 (a) The governing body of the charter school shall:
21-22 (1) Provide notice of the designation to the parents and
21-23 guardians of pupils enrolled in the charter school on the form
21-24 prescribed by the Department pursuant to section 39 of this act;
21-25 and
21-26 (2) Establish a technical assistance partnership for the
21-27 charter school, with the membership prescribed pursuant to
21-28 section 19 of this act.
21-29 (b) For a charter school sponsored by the board of trustees of
21-30 a school district, the board of trustees shall, in conjunction with
21-31 the governing body of the charter school, ensure that the charter
21-32 school receives technical assistance in the manner set forth in 20
21-33 U.S.C. § 6316(b)(4) and the regulations adopted pursuant thereto.
21-34 The provisions of this paragraph do not require the school district
21-35 to pay for the technical assistance partnership established by the
21-36 governing body of the charter school.
21-37 (c) For a charter school sponsored by the State Board, the
21-38 Department shall, in conjunction with the governing body of the
21-39 charter school, ensure that the charter school receives technical
21-40 assistance in the manner set forth in 20 U.S.C. § 6316(b)(4) and
21-41 the regulations adopted pursuant thereto.
21-42 4. In addition to the requirements of subsection 2 or 3, as
21-43 applicable, if a Title I school is designated as demonstrating need
21-44 for improvement pursuant to section 16 of this act and the
21-45 provisions of section 21, 23 or 29 of this act do not apply:
22-1 (a) Except as otherwise provided in paragraph (b), the board
22-2 of trustees of the school district shall provide school choice to the
22-3 parents and guardians of pupils enrolled in the school, including,
22-4 without limitation, a charter school sponsored by the school
22-5 district, in accordance with 20 U.S.C. § 6316(b)(1) and the
22-6 regulations adopted pursuant thereto.
22-7 (b) For a charter school sponsored by the State Board, the
22-8 Department shall work cooperatively with the board of trustees of
22-9 the school district in which the charter school is located to provide
22-10 school choice to the parents and guardians of pupils enrolled in
22-11 the charter school in accordance with 20 U.S.C. § 6316(b)(1) and
22-12 the regulations adopted pursuant thereto.
22-13 Sec. 19. 1. The membership of each technical assistance
22-14 partnership established by the board of trustees of a school district
22-15 for a public school pursuant to section 18 of this act:
22-16 (a) Must consist of:
22-17 (1) At least one employee of the public school for which the
22-18 partnership is established; and
22-19 (2) At least one representative of the school district.
22-20 (b) May consist of other persons, as determined by the board of
22-21 trustees, in accordance with the needs of the school based upon
22-22 the data and information pertaining to that school.
22-23 2. The membership of each technical assistance partnership
22-24 established by the governing body of a charter school:
22-25 (a) Must consist of:
22-26 (1) At least one employee of the charter school;
22-27 (2) At least one member of the governing body of the
22-28 charter school;
22-29 (3) For a charter school sponsored by the board of trustees
22-30 of the school district, at least one representative of the school
22-31 district, appointed by the school district; and
22-32 (4) For a charter school sponsored by the State Board, at
22-33 least one representative of the Department, appointed by the
22-34 Department.
22-35 (b) May consist of other persons, as determined by the
22-36 governing body, in accordance with the needs of the charter
22-37 school based upon the data and information pertaining to that
22-38 charter school.
22-39 Sec. 20. 1. Each technical assistance partnership
22-40 established for a public school shall complete a form prescribed by
22-41 the Department pursuant to this section or an expanded form, if
22-42 applicable, that includes:
22-43 (a) A review and analysis of the operation of the school,
22-44 including, without limitation, the design and operation of the
22-45 instructional program of the school;
23-1 (b) A review and analysis of the data pertaining to the school
23-2 based upon the report required pursuant to subsection 2 of NRS
23-3 385.347 and a review and analysis of any data that is more recent;
23-4 (c) A review of the most recent plan to improve the
23-5 achievement of the school’s pupils; and
23-6 (d) An identification of the problems and factors at the school
23-7 that contributed to the designation of the school as demonstrating
23-8 need for improvement.
23-9 2. Each technical assistance partnership established for a
23-10 public school shall:
23-11 (a) Assist the school in developing recommendations for
23-12 improving the performance of pupils who are enrolled in the
23-13 school; and
23-14 (b) Adopt, in consultation with the employees of the school,
23-15 written revisions to the most recent plan to improve the
23-16 achievement of the school’s pupils for approval pursuant to
23-17 section 11 of this act. The written revisions must:
23-18 (1) Include the data and findings of the technical assistance
23-19 partnership that provide support for the revisions;
23-20 (2) If the school is a Title I school, be developed in
23-21 consultation with parents and guardians of pupils enrolled in the
23-22 school and, to the extent deemed appropriate by the entity that
23-23 created the technical assistance partnership, outside experts;
23-24 (3) Set forth a timeline to carry out the revisions;
23-25 (4) Set forth priorities for the school in carrying out the
23-26 revisions; and
23-27 (5) Set forth the duties of each person who is responsible
23-28 for carrying out the revisions.
23-29 3. On or before November 1 of each year, each technical
23-30 assistance partnership shall submit the form completed pursuant
23-31 to subsection 1 to the:
23-32 (a) Department;
23-33 (b) Bureau;
23-34 (c) Board of trustees of the school district or governing body of
23-35 the charter school, as applicable; and
23-36 (d) Principal of the school.
23-37 4. The Department shall, in consultation with the Bureau:
23-38 (a) Prescribe a form that contains the basic information for a
23-39 technical assistance partnership to carry out its duties pursuant to
23-40 subsection 1; and
23-41 (b) Make the form available on a computer disc for use by
23-42 technical assistance partnerships and, upon request, in any other
23-43 manner deemed reasonable by the Department.
23-44 5. Except as otherwise provided in this subsection, each
23-45 technical assistance partnership shall use the form prescribed by
23-46 the Department to carry out its duties pursuant to subsection 1. A
24-1 school district or governing body of a charter school may prescribe
24-2 an expanded form that contains additions to the form prescribed
24-3 by the Department if the basic information contained in the
24-4 expanded form complies with the form prescribed by the
24-5 Department.
24-6 Sec. 21. 1. If a public school is designated as
24-7 demonstrating need for improvement pursuant to section 16 of this
24-8 act for 2 consecutive years, the technical assistance partnership
24-9 established for the school pursuant to section 18 of this act shall
24-10 carry out the requirements of section 20 of this act.
24-11 2. Except as otherwise provided in subsection 3, if a public
24-12 school is designated as demonstrating need for improvement
24-13 pursuant to section 16 of this act for 2 consecutive years, the
24-14 board of trustees of the school district shall:
24-15 (a) Provide notice of the designation to the parents and
24-16 guardians of pupils enrolled in the school on the form prescribed
24-17 by the Department pursuant to section 39 of this act;
24-18 (b) Ensure that the school receives technical assistance in the
24-19 manner set forth in 20 U.S.C. § 6316(b)(4) and the regulations
24-20 adopted pursuant thereto; and
24-21 (c) Continue the technical assistance partnership for the
24-22 school.
24-23 3. If a charter school is designated as demonstrating need for
24-24 improvement pursuant to section 16 of this act for 2 consecutive
24-25 years:
24-26 (a) The governing body of the charter school shall:
24-27 (1) Provide notice of the designation to the parents and
24-28 guardians of pupils enrolled in the school on the form prescribed
24-29 by the Department pursuant to section 39 of this act; and
24-30 (2) Continue the technical assistance partnership for the
24-31 school.
24-32 (b) For a charter school sponsored by the board of trustees of
24-33 a school district, the board of trustees shall, in conjunction with
24-34 the governing body of the charter school, ensure that the charter
24-35 school receives technical assistance in the manner set forth in 20
24-36 U.S.C. § 6316(b)(4) and the regulations adopted pursuant thereto.
24-37 The provisions of this paragraph do not require the school district
24-38 to pay for the technical assistance partnership established by the
24-39 governing body of the charter school.
24-40 (c) For a charter school sponsored by the State Board, the
24-41 Department shall, in conjunction with the governing body of the
24-42 charter school, ensure that the charter school receives technical
24-43 assistance in the manner set forth in 20 U.S.C. § 6316(b)(4) and
24-44 the regulations adopted pursuant thereto.
24-45 Sec. 22. 1. In addition to the requirements of section 21 of
24-46 this act, if a Title I school is designated as demonstrating need for
25-1 improvement pursuant to section 16 of this act for 2 consecutive
25-2 years for failing to make adequate yearly progress:
25-3 (a) Except as otherwise provided in paragraph (b), the board
25-4 of trustees of the school district shall:
25-5 (1) Provide school choice to the parents and guardians of
25-6 pupils enrolled in the school in accordance with 20 U.S.C. §
25-7 6316(b)(1) and the regulations adopted pursuant thereto.
25-8 (2) Except as otherwise provided in subsection 2, provide
25-9 supplemental educational services in accordance with 20 U.S.C. §
25-10 6316(e) and the regulations adopted pursuant thereto from a
25-11 provider approved pursuant to section 40 of this act, unless a
25-12 waiver is granted pursuant to that provision of federal law.
25-13 (b) If the school is a charter school:
25-14 (1) Sponsored by the board of trustees of a school district,
25-15 the board of trustees shall provide school choice to the parents and
25-16 guardians of pupils enrolled in the school in accordance with 20
25-17 U.S.C. § 6316(b)(1) and the regulations adopted pursuant thereto.
25-18 (2) Sponsored by the State Board, the Department shall
25-19 work cooperatively with the board of trustees of the school district
25-20 in which the charter school is located to provide school choice to
25-21 the parents and guardians of pupils enrolled in the charter school
25-22 in accordance with 20 U.S.C. § 6316(b)(1) and the regulations
25-23 adopted pursuant thereto.
25-24 (3) Except as otherwise provided in subsection 3, the
25-25 governing body of the charter school shall provide supplemental
25-26 educational services in accordance with 20 U.S.C. § 6316(e) and
25-27 the regulations adopted pursuant thereto from a provider approved
25-28 pursuant to section 40 of this act, unless a waiver is granted
25-29 pursuant to that provision of federal law.
25-30 2. The board of trustees of a school district shall grant a
25-31 delay from the imposition of supplemental educational services for
25-32 a school for a period not to exceed 1 year if the school qualifies for
25-33 a delay pursuant to 20 U.S.C. § 6316(b)(7)(D). If the school fails
25-34 to make adequate yearly progress during the period of the delay,
25-35 the provisions of section 23 of this act apply to the school as if the
25-36 delay never occurred.
25-37 3. The sponsor of a charter school shall grant a delay from
25-38 the imposition of supplemental educational services for the charter
25-39 school for a period not to exceed 1 year if the charter school
25-40 qualifies for a delay pursuant to 20 U.S.C. § 6316(b)(7)(D). If the
25-41 charter school fails to make adequate yearly progress during the
25-42 period of the delay, the provisions of section 23 of this act apply to
25-43 the charter school as if the delay never occurred.
25-44 Sec. 23. 1. If a public school is designated as
25-45 demonstrating need for improvement pursuant to section 16 of this
25-46 act for 3 consecutive years, the support team established for the
26-1 school pursuant to this section shall carry out the requirements of
26-2 sections 25 and 26 of this act.
26-3 2. Except as otherwise provided in subsection 3, if a public
26-4 school is designated as demonstrating need for improvement
26-5 pursuant to section 16 of this act for 3 consecutive years:
26-6 (a) The board of trustees of the school district shall:
26-7 (1) Provide notice of the designation to the parents and
26-8 guardians of pupils enrolled in the school on the form prescribed
26-9 by the Department pursuant to section 39 of this act; and
26-10 (2) Ensure that the school receives technical assistance in
26-11 the manner set forth in 20 U.S.C. § 6316(b)(4) and the regulations
26-12 adopted pursuant thereto.
26-13 (b) The Department shall establish a support team for the
26-14 school, with the membership prescribed pursuant to section 24 of
26-15 this act.
26-16 3. If a charter school is designated as demonstrating need for
26-17 improvement pursuant to section 16 of this act for 3 consecutive
26-18 years:
26-19 (a) The governing body of the charter school shall provide
26-20 notice of the designation to the parents and guardians of pupils
26-21 enrolled in the charter school on the form prescribed by the
26-22 Department pursuant to section 39 of this act.
26-23 (b) For a charter school sponsored by the board of trustees of
26-24 a school district, the board of trustees shall, in conjunction with
26-25 the governing body of the charter school, ensure that the charter
26-26 school receives technical assistance in the manner set forth in 20
26-27 U.S.C. § 6316(b)(4) and the regulations adopted pursuant thereto.
26-28 (c) For a charter school sponsored by the State Board, the
26-29 Department shall, in conjunction with the governing body of the
26-30 charter school, ensure that the charter school receives technical
26-31 assistance in the manner set forth in 20 U.S.C. § 6316(b)(4) and
26-32 the regulations adopted pursuant thereto.
26-33 (d) The Department shall establish a support team for the
26-34 school, with the membership prescribed pursuant to section 24 of
26-35 this act.
26-36 Sec. 24. The membership of each support team established
26-37 pursuant to section 23 of this act:
26-38 1. Must consist of, without limitation:
26-39 (a) Teachers and principals who are considered highly
26-40 qualified and who are not employees of the public school for
26-41 which the support team is established;
26-42 (b) At least one representative of the Department;
26-43 (c) Except for a charter school, at least one administrator at
26-44 the district level who is employed by the board of trustees of the
26-45 school district;
27-1 (d) At least one parent or guardian of a pupil who is enrolled
27-2 in the public school for which the support team is established; and
27-3 (e) In addition to the requirements of paragraphs (a) to (d),
27-4 inclusive, for a charter school:
27-5 (1) At least one member of the governing body of the
27-6 charter school, regardless of the sponsor of the charter school;
27-7 and
27-8 (2) If the charter school is sponsored by the board of
27-9 trustees of a school district, at least one employee of the school
27-10 district, which may include an administrator.
27-11 2. May consist of, without limitation:
27-12 (a) Except for a charter school, one or more members of the
27-13 board of trustees of the school district in which the school is
27-14 located;
27-15 (b) Representatives of institutions of higher education;
27-16 (c) Representatives of regional educational laboratories;
27-17 (d) Representatives of outside consultant groups;
27-18 (e) Representatives of the regional training program for the
27-19 professional development of teachers and administrators
27-20 established pursuant to NRS 391.512 that provides services to the
27-21 school district in which the school is located;
27-22 (f) The Bureau; and
27-23 (g) Other persons who the Department determines are
27-24 appropriate.
27-25 Sec. 25. Each support team established for a public school
27-26 pursuant to section 23 of this act shall:
27-27 1. Review and analyze the operation of the school, including,
27-28 without limitation, the design and operation of the instructional
27-29 program of the school.
27-30 2. Review and analyze the data pertaining to the school upon
27-31 which the report required pursuant to subsection 2 of NRS
27-32 385.347 is based and review and analyze any data that is more
27-33 recent than the data upon which the report is based.
27-34 3. Review the most recent plan to improve the achievement of
27-35 the school’s pupils.
27-36 4. Identify and investigate the problems and factors at the
27-37 school that contributed to the designation of the school as
27-38 demonstrating need for improvement.
27-39 5. Assist the school in developing recommendations for
27-40 improving the performance of pupils who are enrolled in the
27-41 school.
27-42 6. Except as otherwise provided in this paragraph, make
27-43 recommendations to the board of trustees of the school district, the
27-44 State Board and the Department concerning additional assistance
27-45 for the school in carrying out the plan for improvement of the
27-46 school. For a charter school sponsored by the State Board, the
28-1 support team shall make the recommendations to the State Board
28-2 and the Department.
28-3 7. In accordance with its findings pursuant to this subsection
28-4 and section 26 of this act, submit, on or before November 1,
28-5 written revisions to the most recent plan to improve the
28-6 achievement of the school’s pupils for approval pursuant to
28-7 section 11 of this act. The written revisions must:
28-8 (a) Comply with section 11 of this act;
28-9 (b) If the school is a Title I school, be developed in
28-10 consultation with parents and guardians of pupils enrolled in the
28-11 school and, to the extent deemed appropriate by the entity that
28-12 created the support team, outside experts;
28-13 (c) Include the data and findings of the support team that
28-14 provide support for the revisions;
28-15 (d) Set forth goals and objectives for the school that are:
28-16 (1) Designed to improve the achievement of the school’s
28-17 pupils;
28-18 (2) Specific;
28-19 (3) Measurable; and
28-20 (4) Conducive to reliable evaluation;
28-21 (e) Set forth a timeline to carry out the revisions;
28-22 (f) Set forth priorities for the school in carrying out the
28-23 revisions; and
28-24 (g) Set forth the duties of each person who is responsible for
28-25 carrying out the revisions.
28-26 8. Except as otherwise provided in this subsection, work
28-27 cooperatively with the board of trustees of the school district in
28-28 which the school is located, the employees of the school, and the
28-29 parents and guardians of pupils enrolled in the school to carry out
28-30 and monitor the plan for improvement of the school. If a charter
28-31 school is sponsored by the State Board, the Department shall assist
28-32 the school with carrying out and monitoring the plan for
28-33 improvement of the school.
28-34 9. In addition to the requirements of this section, if the
28-35 support team is established for a Title I school, carry out the
28-36 requirements of 20 U.S.C. § 6317(a)(5).
28-37 Sec. 26. 1. In addition to the duties prescribed in section 25
28-38 of this act, a support team established for a school shall prepare
28-39 an annual written report that includes:
28-40 (a) Information concerning the most recent plan to improve
28-41 the achievement of the school’s pupils, including, without
28-42 limitation, an evaluation of:
28-43 (1) The appropriateness of the plan for the school; and
28-44 (2) Whether the school has achieved the goals and
28-45 objectives set forth in the plan;
29-1 (b) The written revisions to the plan to improve the
29-2 achievement of the school’s pupils submitted by the support team
29-3 pursuant to section 25 of this act;
29-4 (c) A summary of each program for remediation, if any,
29-5 purchased for the school with money that is available from the
29-6 Federal Government, this state and the school district in which the
29-7 school is located, including, without limitation:
29-8 (1) The name of the program;
29-9 (2) The date on which the program was purchased and the
29-10 date on which the program was carried out by the school;
29-11 (3) The percentage of personnel at the school who were
29-12 trained regarding the use of the program;
29-13 (4) The satisfaction of the personnel at the school with the
29-14 program; and
29-15 (5) An evaluation of whether the program has improved the
29-16 academic achievement of the pupils enrolled in the school who
29-17 participated in the program;
29-18 (d) An analysis of the problems and factors at the school
29-19 which contributed to the designation of the school as
29-20 demonstrating need for improvement, including, without
29-21 limitation, issues relating to:
29-22 (1) The financial resources of the school;
29-23 (2) The administrative and educational personnel of the
29-24 school;
29-25 (3) The curriculum of the school;
29-26 (4) The facilities available at the school, including the
29-27 availability and accessibility of educational technology; and
29-28 (5) Any other factors that the support team believes
29-29 contributed to the designation of the school as demonstrating need
29-30 for improvement; and
29-31 (e) Other information concerning the school, including,
29-32 without limitation:
29-33 (1) The results of the pupils who are enrolled in the school
29-34 on the examinations that are administered pursuant to NRS
29-35 389.550 or the high school proficiency examination, as applicable;
29-36 (2) Records of the attendance and truancy of pupils who
29-37 are enrolled in the school;
29-38 (3) The transiency rate of pupils who are enrolled in the
29-39 school;
29-40 (4) A description of the number of years that each teacher
29-41 has provided instruction at the school and the rate of turnover of
29-42 teachers and other educational personnel employed at the school;
29-43 (5) A description of the participation of parents and legal
29-44 guardians in the educational process and other activities relating
29-45 to the school;
30-1 (6) A description of each source of money for the
30-2 remediation of pupils who are enrolled in the school; and
30-3 (7) A description of the disciplinary problems of the pupils
30-4 who are enrolled in the school, including, without limitation, the
30-5 information contained in paragraphs (k) to (n), inclusive, of
30-6 subsection 2 of NRS 385.347.
30-7 2. On or before November 1, the support team shall submit a
30-8 copy of the final written report to the:
30-9 (a) Principal of the school;
30-10 (b) Board of trustees of the school district in which the school
30-11 is located;
30-12 (c) Superintendent of schools of the school district in which
30-13 the school is located;
30-14 (d) Department; and
30-15 (e) Bureau.
30-16 The support team shall make the written report available, upon
30-17 request, to each parent or legal guardian of a pupil who is
30-18 enrolled in the school.
30-19 Sec. 27. 1. In addition to the requirements of section 23 of
30-20 this act, if a Title I school is designated as demonstrating need for
30-21 improvement pursuant to section 16 of this act for 3 consecutive
30-22 years:
30-23 (a) Except as otherwise provided in paragraph (b), the board
30-24 of trustees of the school district shall:
30-25 (1) Provide school choice to the parents and guardians of
30-26 pupils enrolled in the school in accordance with 20 U.S.C. §
30-27 6316(b)(1) and the regulations adopted pursuant thereto;
30-28 (2) Provide supplemental educational services in
30-29 accordance with 20 U.S.C. § 6316(e) and the regulations adopted
30-30 pursuant thereto from a provider approved pursuant to section 40
30-31 of this act, unless a waiver is granted pursuant to that provision of
30-32 federal law; and
30-33 (3) Except as otherwise provided in subsection 2, take
30-34 corrective action pursuant to 20 U.S.C. § 6316(b)(7) and the
30-35 regulations adopted pursuant thereto.
30-36 (b) If the school is a charter school:
30-37 (1) Sponsored by the board of trustees of a school district,
30-38 the board of trustees shall:
30-39 (I) Provide school choice to the parents and guardians
30-40 of pupils enrolled in the charter school in accordance with 20
30-41 U.S.C. § 6316(b)(1); and
30-42 (II) Except as otherwise provided in subsection 3, take
30-43 corrective action pursuant to 20 U.S.C. § 6316(b)(7) and the
30-44 regulations adopted pursuant thereto.
30-45 (2) Sponsored by the State Board, the Department shall:
31-1 (I) Work cooperatively with the board of trustees of the
31-2 school district in which the charter school is located to provide
31-3 school choice to the parents and guardians of pupils enrolled in
31-4 the school in accordance with 20 U.S.C. § 6316(b)(1) and the
31-5 regulations adopted pursuant thereto; and
31-6 (II) Except as otherwise provided in subsection 3, take
31-7 corrective action pursuant to 20 U.S.C. § 6316(b)(7) and the
31-8 regulations adopted pursuant thereto.
31-9 (3) Regardless of the sponsor, the governing body of the
31-10 charter school shall provide supplemental educational services in
31-11 accordance with 20 U.S.C. § 6316(e) and the regulations adopted
31-12 pursuant thereto from a provider approved pursuant to section 40
31-13 of this act, unless a waiver is granted pursuant to that provision of
31-14 federal law.
31-15 2. The board of trustees of a school district shall grant a
31-16 delay from the imposition of corrective action for a school for a
31-17 period not to exceed 1 year if the school qualifies for a delay
31-18 pursuant to 20 U.S.C. 6316(b)(7)(D). If the school fails to make
31-19 adequate yearly progress during the period of the delay, the
31-20 provisions of section 29 of this act apply as if the delay never
31-21 occurred.
31-22 3. The sponsor of a charter school shall grant a delay from
31-23 the imposition of corrective action for the charter school for a
31-24 period not to exceed 1 year if the charter school qualifies for a
31-25 delay pursuant to 20 U.S.C. 6316(b)(7)(D). If the charter school
31-26 fails to make adequate yearly progress during the period of the
31-27 delay, the provisions of section 29 of this act apply as if the delay
31-28 never occurred.
31-29 Sec. 28. 1. Except as otherwise provided in subsection 2, if
31-30 a public school that is not a Title I school is designated as
31-31 demonstrating need for improvement pursuant to section 16 of this
31-32 act for 3 consecutive years for failing to make adequate yearly
31-33 progress, the support team established for the school shall
31-34 consider whether corrective action is appropriate for the school. If
31-35 the support team determines that corrective action is appropriate,
31-36 the support team shall make a recommendation to the Department
31-37 for corrective action for the school, including, without limitation,
31-38 the type of corrective action that is recommended from the list of
31-39 corrective actions authorized pursuant to paragraphs (a), (b) and
31-40 (c). Regardless of whether a support team recommends corrective
31-41 action for a school, the Department may take one or more of the
31-42 following corrective actions for the school:
31-43 (a) Develop and carry out a new curriculum at the school,
31-44 including the provision of appropriate professional development
31-45 relating to the new curriculum.
32-1 (b) Decrease the number of employees at the school who carry
32-2 out managerial duties.
32-3 (c) Extend the school year or the school day.
32-4 2. The Department shall grant a delay from the imposition of
32-5 corrective action for a school for a period not to exceed 1 year if
32-6 the school qualifies for a delay in the manner set forth in 20
32-7 U.S.C. § 6316(b)(7)(D). If the school fails to make adequate yearly
32-8 progress during the period of the delay, the Department may
32-9 proceed with corrective action as if the delay never occurred.
32-10 Sec. 29. 1. If a public school is designated as
32-11 demonstrating need for improvement pursuant to section 16 of this
32-12 act for 4 or more consecutive years, the support team established
32-13 for the school pursuant to section 23 of this act shall carry out the
32-14 requirements of sections 25, 26 and 28 of this act, as applicable.
32-15 2. Except as otherwise provided in subsection 3, if a public
32-16 school is designated as demonstrating need for improvement
32-17 pursuant to section 16 of this act for 4 or more consecutive years:
32-18 (a) The board of trustees of the school district shall:
32-19 (1) Provide notice of the designation to the parents and
32-20 guardians of pupils enrolled in the school on the form prescribed
32-21 by the Department pursuant to section 39 of this act; and
32-22 (2) Ensure that the school receives technical assistance in
32-23 the manner set forth in 20 U.S.C. § 6316(b)(4) and the regulations
32-24 adopted pursuant thereto.
32-25 (b) The Department shall continue a support team for the
32-26 school.
32-27 3. If a charter school is designated as demonstrating need for
32-28 improvement pursuant to section 16 of this act for 4 or more
32-29 consecutive years:
32-30 (a) The governing body of the charter school shall provide
32-31 notice of the designation to the parents and guardians of pupils
32-32 enrolled in the school on the form prescribed by the Department
32-33 pursuant to section 39 of this act.
32-34 (b) For a charter school sponsored by the board of trustees of
32-35 a school district, the board of trustees shall, in conjunction with
32-36 the governing body of the charter school, ensure that the charter
32-37 school receives technical assistance in the manner set forth in 20
32-38 U.S.C. § 6316(b)(4) and the regulations adopted pursuant thereto.
32-39 (c) For a charter school sponsored by the State Board, the
32-40 Department shall, in conjunction with the governing body of the
32-41 charter school, ensure that the charter school receives technical
32-42 assistance in the manner set forth in 20 U.S.C. § 6316(b)(4) and
32-43 the regulations adopted pursuant thereto.
32-44 (d) The Department shall continue a support team for the
32-45 charter school.
33-1 Sec. 30. 1. In addition to the requirements of section 29 of
33-2 this act, if a Title I school is designated as demonstrating need for
33-3 improvement pursuant to section 16 of this act for 4 or more
33-4 consecutive years:
33-5 (a) Except as otherwise provided in paragraph (b), the board
33-6 of trustees of the school district shall:
33-7 (1) Provide school choice to the parents and guardians of
33-8 pupils enrolled in the school in accordance with 20 U.S.C. §
33-9 6316(b)(1) and the regulations adopted pursuant thereto;
33-10 (2) Provide supplemental educational services in
33-11 accordance with 20 U.S.C. § 6316(e) and the regulations adopted
33-12 pursuant thereto from a provider approved pursuant to section 40
33-13 of this act, unless a waiver is granted pursuant to that provision of
33-14 federal law; and
33-15 (3) Except as otherwise provided in subsection 2, proceed
33-16 with a plan for restructuring the school if required by 20 U.S.C. §
33-17 6316(b)(8) and the regulations adopted pursuant thereto.
33-18 (b) If the school is a charter school:
33-19 (1) Sponsored by the board of trustees of a school district,
33-20 the board of trustees shall:
33-21 (I) Provide school choice to the parents and guardians
33-22 of pupils enrolled in the charter school in accordance with 20
33-23 U.S.C. § 6316(b)(1); and
33-24 (II) Except as otherwise provided in subsection 3,
33-25 proceed with a plan for restructuring the school if required by 20
33-26 U.S.C. § 6316(b)(8) and the regulations adopted pursuant thereto.
33-27 (2) Sponsored by the State Board, the Department shall:
33-28 (I) Work cooperatively with the board of trustees of the
33-29 school district in which the charter school is located to provide
33-30 school choice to the parents and guardians of pupils enrolled in
33-31 the school in accordance with 20 U.S.C. § 6316(b)(1) and the
33-32 regulations adopted pursuant thereto; and
33-33 (II) Except as otherwise provided in subsection 3,
33-34 proceed with a plan for restructuring the school if required by 20
33-35 U.S.C. § 6316(b)(8) and the regulations adopted pursuant thereto.
33-36 (3) Regardless of the sponsor, the governing body of the
33-37 charter school shall provide supplemental educational services in
33-38 accordance with 20 U.S.C. § 6316(e) and the regulations adopted
33-39 pursuant thereto from a provider approved pursuant to section 40
33-40 of this act, unless a waiver is granted pursuant to that provision of
33-41 federal law.
33-42 2. The board of trustees of a school district shall grant a
33-43 delay from the imposition of a plan for restructuring for a school
33-44 for a period not to exceed 1 year if the school qualifies for a delay
33-45 pursuant to 20 U.S.C. § 6316(b)(7)(D). If the school fails to make
33-46 adequate yearly progress during the period of the delay, the board
34-1 of trustees shall proceed with a plan for restructuring the school
34-2 as if the delay never occurred.
34-3 3. The sponsor of a charter school shall grant a delay from
34-4 the imposition of a plan for restructuring for the charter school
34-5 for a period not to exceed 1 year if the charter school qualifies for
34-6 a delay pursuant to 20 U.S.C. § 6316(b)(7)(D). If the charter
34-7 school fails to make adequate yearly progress during the period of
34-8 the delay, the Department shall proceed with a plan for
34-9 restructuring the charter school as if the delay never occurred.
34-10 4. Before the board of trustees of a school district or the
34-11 Department proceeds with a plan for restructuring, the board of
34-12 trustees or the Department, as applicable, shall provide to the
34-13 administrators, teachers and other educational personnel
34-14 employed at that school, and parents and guardians of pupils
34-15 enrolled in the school:
34-16 (a) Notice that the board of trustees or the Department, as
34-17 applicable, will develop a plan for restructuring the school;
34-18 (b) An opportunity to comment before the plan to restructure is
34-19 developed; and
34-20 (c) An opportunity to participate in the development of the
34-21 plan to restructure.
34-22 Sec. 31. 1. Except as otherwise provided in subsection 2, if
34-23 a public school that is not a Title I school is designated as
34-24 demonstrating need for improvement pursuant to section 16 of this
34-25 act for 4 or more consecutive years for failure to make adequate
34-26 yearly progress, the support team for the school shall:
34-27 (a) If corrective action was not taken against the school
34-28 pursuant to section 28 of this act, consider whether corrective
34-29 action is appropriate for the school.
34-30 (b) If corrective action was taken against the school pursuant
34-31 to section 28 of this act, consider whether further corrective action
34-32 is appropriate or whether consequences or sanctions, or both, are
34-33 appropriate for the school.
34-34 Regardless of whether a support team recommends corrective
34-35 action or consequences or sanctions for a school, the Department
34-36 may take corrective action as set forth in section 28 of this act or
34-37 proceed with consequences or sanctions, or both, as prescribed by
34-38 the State Board pursuant to section 5 of this act.
34-39 2. The Department shall grant a delay from the imposition of
34-40 corrective action or restructuring pursuant to this section for a
34-41 school for a period not to exceed 1 year if the school qualifies for a
34-42 delay in the manner set forth in 20 U.S.C. § 6316(b)(7)(D). If the
34-43 school fails to make adequate yearly progress during the period of
34-44 the delay, the Department may proceed with corrective action or
34-45 with consequences or sanctions, or both, for the school, as
34-46 appropriate, as if the delay never occurred.
35-1 3. Before the Department proceeds with consequences or
35-2 sanctions, the board of trustees or the Department, as applicable,
35-3 shall provide to the administrators, teachers and other educational
35-4 personnel employed at that school, and parents and guardians of
35-5 pupils enrolled in the school:
35-6 (a) Notice that the board of trustees or the Department, as
35-7 applicable, will proceed with consequences or sancations for the
35-8 school;
35-9 (b) An opportunity to comment before the consequences or
35-10 sanctions are carried out; and
35-11 (c) An opportunity to participate in the development of the
35-12 consequences or sanctions.
35-13 Sec. 32. 1. If restructuring for a Title I school is required
35-14 pursuant to 20 U.S.C. § 6316(b)(8), the board of trustees of the
35-15 school district or the Department, as applicable, shall carry out a
35-16 plan for restructuring that includes:
35-17 (a) Replacing those employees at the school who contributed to
35-18 the failure of the school to make adequate yearly progress;
35-19 (b) Entering into a contract with an entity, including, without
35-20 limitation, a private management company, with a demonstrated
35-21 record of effectiveness to operate the public school;
35-22 (c) If the board of trustees is responsible for restructuring,
35-23 requesting that the Department oversee the operation of the public
35-24 school;
35-25 (d) If the Department is responsible for restructuring,
35-26 designating the Department as responsible for overseeing the
35-27 operation of the school; or
35-28 (e) Taking any other action to restructure the governance of
35-29 the school if the action is designed to improve the academic
35-30 achievement of pupils enrolled in the school and has substantial
35-31 promise of ensuring that the school makes adequate yearly
35-32 progress.
35-33 2. Before the board of trustees of a school district or the
35-34 Department takes action pursuant to subsection 1, the board of
35-35 trustees or the Department, as applicable, shall provide to the
35-36 administrators, teachers and other educational personnel
35-37 employed at that school, and the parents and guardians of pupils
35-38 enrolled in the school:
35-39 (a) Notice that a plan for restructuring will be carried out at
35-40 the school; and
35-41 (b) An opportunity to comment on the appropriate action that
35-42 should be carried out pursuant to subsection 1.
35-43 Sec. 33. 1. On or before July 1 of each year, the
35-44 Department shall determine whether each school district is
35-45 making adequate yearly progress, as defined by the State Board
35-46 pursuant to section 5 of this act. The pupils who are enrolled in a
36-1 charter school, if any, located within a school district must not be
36-2 included in the determination made for that school district. The
36-3 determination made for each school district must be based only
36-4 upon the information and data for those pupils who were enrolled
36-5 in the school district for a full academic year, regardless of
36-6 whether those pupils attended more than one school within the
36-7 school district for that academic year.
36-8 2. Except as otherwise provided in this subsection, the
36-9 Department shall determine that a school district has failed to
36-10 make adequate yearly progress if any subgroup of pupils identified
36-11 in paragraph (b) of subsection 1 of section 5 of this act who are
36-12 enrolled in the school district does not satisfy the annual
36-13 measurable objectives established by the State Board pursuant to
36-14 that section. To comply with 20 U.S.C. § 6311(b)(2)(I) and the
36-15 regulations adopted pursuant thereto, the State Board shall
36-16 prescribe by regulation the conditions under which a school
36-17 district shall be deemed to have made adequate yearly progress
36-18 even though a subgroup of pupils identified in paragraph (b) of
36-19 subsection 1 of section 5 of this act who are enrolled in the school
36-20 district did not satisfy the annual measurable objectives of the
36-21 State Board.
36-22 3. In addition to the provisions of subsection 2, the
36-23 Department shall determine that a school district has failed to
36-24 make adequate yearly progress if:
36-25 (a) The number of pupils enrolled in the school district who
36-26 took the examinations administered pursuant to NRS 389.550 or
36-27 the high school proficiency examination, as applicable, is less
36-28 than 95 percent of all pupils enrolled in the school district who
36-29 were required to take the examinations; or
36-30 (b) Except as otherwise provided in subsection 4, for each
36-31 subgroup of pupils identified in paragraph (b) of subsection 1 of
36-32 section 5 of this act, the number of pupils enrolled in the school
36-33 district who took the examinations administered pursuant to NRS
36-34 389.550 or the high school proficiency examination, as applicable,
36-35 is less than 95 percent of all pupils in the subgroup who were
36-36 required to take the examinations.
36-37 4. If the number of pupils in a particular subgroup who are
36-38 enrolled in a school district is insufficient to yield statistically
36-39 reliable information:
36-40 (a) The Department shall not determine that the school district
36-41 has failed to make adequate yearly progress pursuant to
36-42 paragraph (b) of subsection 3 based solely upon that particular
36-43 subgroup.
36-44 (b) The pupils in such a subgroup must be included in the
36-45 overall count of pupils enrolled in the school district who took the
36-46 examinations.
37-1 The State Board shall prescribe the mechanism for determining
37-2 the minimum number of pupils that must be in a subgroup for that
37-3 subgroup to yield statistically reliable information.
37-4 Sec. 34. 1. The Department shall designate, on or before
37-5 July 1 of each year, each school district pursuant to section 35 of
37-6 this act. The initial designation of a school district as
37-7 demonstrating need for improvement must be based upon 2
37-8 consecutive years of data and information for that school district.
37-9 2. If the Department determines that a school district is
37-10 demonstrating need for improvement, the Department shall issue a
37-11 preliminary designation for that school district on July 1. Before
37-12 making a final designation for a school district, the Department
37-13 shall provide the school district an opportunity to review the data
37-14 upon which the proposed designation is based and to present
37-15 evidence in the manner set forth in 20 U.S.C. § 6316(c)(5) and
37-16 the regulations adopted pursuant thereto. Not later than August 1,
37-17 the Department shall make a final determination concerning the
37-18 designation of the school district.
37-19 3. On or before August 1 of each year, the Department shall
37-20 provide written notice of the determinations made pursuant to
37-21 section 33 of this act and the final designations made pursuant to
37-22 this section as follows:
37-23 (a) The determinations made for all school districts in this
37-24 state to the:
37-25 (1) Governor;
37-26 (2) State Board;
37-27 (3) Committee; and
37-28 (4) Bureau.
37-29 (b) The determination made for a school district to the:
37-30 (1) Superintendent of schools of the school district; and
37-31 (2) Board of trustees of the school district.
37-32 4. On or before August 1 of each year, the Department shall
37-33 make public the results of the review of school districts pursuant
37-34 to this section and disseminate the results to school personnel,
37-35 parents and guardians, pupils and members of the general public.
37-36 The publication and distribution must be made in the manner set
37-37 forth in 20 U.S.C. § 6316(c)(1) and the regulations adopted
37-38 pursuant thereto.
37-39 Sec. 35. 1. Except as otherwise provided in paragraph (b)
37-40 of subsection 4, a school district must be designated as
37-41 demonstrating exemplary achievement if the school district:
37-42 (a) Makes adequate yearly progress, as determined by the
37-43 Department pursuant to section 33 of this act; and
37-44 (b) Satisfies the requirements prescribed by the State Board
37-45 pursuant to section 6 of this act.
38-1 2. Except as otherwise provided in paragraph (b) of
38-2 subsection 4, a school district must be designated as demonstrating
38-3 high achievement if the school district:
38-4 (a) Makes adequate yearly progress, as determined by the
38-5 Department pursuant to section 33 of this act; and
38-6 (b) Satisfies the requirements of the State Board prescribed
38-7 pursuant to section 6 of this act.
38-8 3. Except as otherwise provided in paragraph (b) of
38-9 subsection 4, a school district must be designated as demonstrating
38-10 adequate achievement if the school district makes adequate yearly
38-11 progress, as determined by the Department pursuant to section 33
38-12 of this act.
38-13 4. A school district must be designated as demonstrating need
38-14 for improvement if:
38-15 (a) The school district fails to make adequate yearly progress,
38-16 as determined by the Department pursuant to section 33 of this
38-17 act; or
38-18 (b) The school district makes adequate yearly progress, as
38-19 determined by the Department pursuant to section 33 of this act,
38-20 but was designated as demonstrating need for improvement
38-21 pursuant to paragraph (a) in the immediately preceding year for
38-22 failing to make adequate yearly progress.
38-23 The initial designation of a school district as demonstrating need
38-24 for improvement must be based upon 2 consecutive years of data
38-25 and information for that school district.
38-26 5. If a school district is designated as demonstrating need for
38-27 improvement pursuant to paragraph (a) of subsection 4, the
38-28 designation of the school district as demonstrating need for
38-29 improvement must not be removed until the school district has
38-30 made adequate yearly progress for 2 consecutive years.
38-31 Sec. 36. 1. If a school district is designated as
38-32 demonstrating need for improvement pursuant to section 35 of this
38-33 act, the Department shall provide notice of the designation to the
38-34 parents and guardians of pupils enrolled in the school district on
38-35 the form prescribed by the Department pursuant to section 39 of
38-36 this act. The State Board shall prescribe, by regulation, the time by
38-37 which such notice must be provided.
38-38 2. If a school district is designated as demonstrating need for
38-39 improvement pursuant to section 35 of this act, the Department
38-40 and any other entity authorized by the Department, including,
38-41 without limitation, the Bureau, shall provide technical assistance
38-42 to the school district in the manner set forth in 20 U.S.C. §
38-43 6316(c)(9) and the regulations adopted pursuant thereto.
38-44 3. Except as otherwise provided in section 38 of this act, after
38-45 providing technical assistance pursuant to subsection 2, the
38-46 Department may take corrective action in the manner set forth in
39-1 20 U.S.C. § 6316(c)(10) and the regulations adopted pursuant
39-2 thereto against a school district that is designated as
39-3 demonstrating need for improvement, including, without
39-4 limitation, a school district that is not a Title I school district.
39-5 4. Except as otherwise provided in section 38 of this act, if a
39-6 Title I school district is designated as demonstrating need for
39-7 improvement for 3 or more consecutive years, the Department
39-8 shall take corrective action as set forth in 20 U.S.C. § 6316(c)(10)
39-9 and the regulations adopted pursuant thereto against the school
39-10 district.
39-11 Sec. 37. 1. Except as otherwise provided in section 38 of
39-12 this act, if corrective action for a school district is required
39-13 pursuant to 20 U.S.C. § 6316(c)(10) or if the Department
39-14 determines that corrective action is appropriate for a school
39-15 district pursuant to subsection 3 of section 36 of this act, the
39-16 Department shall take one or more of the following corrective
39-17 actions:
39-18 (a) Deferring money for programs or reducing money for
39-19 administrative purposes.
39-20 (b) Instituting and fully carrying out a new curriculum that is
39-21 based upon the standards of content and performance adopted by
39-22 the State Board pursuant to NRS 389.520, including, without
39-23 limitation, the provision of appropriate professional development
39-24 relating to the new curriculum.
39-25 (c) Replacing employees of the school district if the
39-26 Department determines that those employees contributed to the
39-27 failure of the school district to make adequate yearly progress.
39-28 (d) Removing particular schools within the school district from
39-29 the jurisdiction of the school district and establishing an
39-30 alternative system of governance and supervision for those
39-31 schools.
39-32 (e) Appointing a receiver or trustee to administer the affairs of
39-33 the school district.
39-34 (f) Taking appropriate steps to abolish the school district,
39-35 including, without limitation, making recommendations to the
39-36 Legislature for revisions to applicable statutes to abolish the
39-37 school district.
39-38 (g) Authorizing pupils to transfer from schools operated by the
39-39 school district to schools operated by another school district that
39-40 are not designated as demonstrating need for improvement.
39-41 2. Before carrying out corrective action pursuant to this
39-42 section, the Department shall provide notice to the board of
39-43 trustees of the school district and an opportunity for a hearing.
39-44 The Department shall continue to provide technical assistance
39-45 pursuant to subsection 2 of section 36 of this act during the time
39-46 that the corrective action is carried out.
40-1 3. If corrective action is taken against a school district
40-2 pursuant to this section, the Department shall, not later than 10
40-3 days after the corrective action is taken, provide notice to the
40-4 parents and guardians of pupils enrolled in the school district, the
40-5 Governor, the Committee, the Bureau and the general public
40-6 concerning the corrective action. The notice must comply with 20
40-7 U.S.C. § 6316(c)(10).
40-8 Sec. 38. The Department shall grant a delay from the
40-9 imposition of corrective action for a school district for a period not
40-10 to exceed 1 year if the school district qualifies for a delay in the
40-11 manner set forth in 20 U.S.C. § 6316(c)(10)(F). If the school
40-12 district fails to make adequate yearly progress during the period of
40-13 the delay, the Department shall proceed with corrective action as if
40-14 the delay never occurred.
40-15 Sec. 39. 1. The Department shall prescribe a form for
40-16 notice to parents and guardians concerning the designation of a
40-17 public school as demonstrating need for improvement pursuant to
40-18 section 16 of this act. For Title I schools, the notice must comply
40-19 with 20 U.S.C. § 6316(b)(6) and the regulations adopted pursuant
40-20 thereto.
40-21 2. The Department shall prescribe a form for notice to
40-22 parents and guardians pursuant to section 36 of this act
40-23 concerning the designation of a school district as demonstrating
40-24 need for improvement. For Title I school districts, the notice must
40-25 comply with 20 U.S.C. § 6316(c)(6) and the regulations adopted
40-26 pursuant thereto.
40-27 Sec. 40. 1. The Department shall select, in the manner set
40-28 forth in 20 U.S.C. § 6316(e) and the regulations adopted pursuant
40-29 thereto, providers of supplemental educational services that must
40-30 be used by Title I schools designated as demonstrating need for
40-31 improvement pursuant to sections 22, 27 and 30 of this act. In
40-32 making a selection of providers, the Department shall consider
40-33 the recommendations submitted by the Committee pursuant to
40-34 NRS 218.5354.
40-35 2. The Department shall maintain an updated list of approved
40-36 providers throughout this state, categorized by the school districts
40-37 in which the supplemental educational services are offered.
40-38 Sec. 41. NRS 385.007 is hereby amended to read as follows:
40-39 385.007 As used in this title, unless the context otherwise
40-40 requires:
40-41 1. “Charter school” means a public school that is formed
40-42 pursuant to the provisions of NRS 386.500 to 386.610, inclusive[.] ,
40-43 and section 49 of this act.
40-44 2. “Department” means the Department of Education.
40-45 3. “Limited English proficient” has the meaning ascribed to
40-46 it in 20 U.S.C. § 7801(25).
41-1 4. “Public schools” means all kindergartens and elementary
41-2 schools, junior high schools and middle schools, high schools,
41-3 charter schools and any other schools, classes and educational
41-4 programs which receive their support through public taxation and,
41-5 except for charter schools, whose textbooks and courses of study are
41-6 under the control of the State Board.
41-7 [4.] 5. “State Board” means the State Board of Education.
41-8 Sec. 42. NRS 385.230 is hereby amended to read as follows:
41-9 385.230 1. The Superintendent of Public Instruction shall
41-10 report to the Governor biennially, on or before December 1, in the
41-11 year immediately preceding a regular session of the Legislature
41-12 concerning matters relating to education in this state[.] , including,
41-13 without limitation, an analysis of each annual report of
41-14 accountability prepared by the State Board pursuant to section 8
41-15 of this act in the immediately preceding 2 years.
41-16 2. The Superintendent of Public Instruction shall report to the
41-17 Legislature during each regular session of the Legislature
41-18 concerning matters relating to education in this state[.] , including,
41-19 without limitation, an analysis of each annual report of
41-20 accountability prepared by the State Board pursuant to section 8
41-21 of this act in the immediately preceding 2 years.
41-22 Sec. 43. NRS 385.3455 is hereby amended to read as follows:
41-23 385.3455 As used in NRS 385.3455 to 385.391, inclusive, and
41-24 sections 2 to 40, inclusive, of this act, unless the context otherwise
41-25 requires, the words and terms defined in NRS 385.346 and 385.3465
41-26 and sections 2 and 3 of this act have the meanings ascribed to them
41-27 in those sections.
41-28 Sec. 44. NRS 385.347 is hereby amended to read as follows:
41-29 385.347 1. The board of trustees of each school district in
41-30 this state, in cooperation with associations recognized by the State
41-31 Board as representing licensed personnel in education in the district,
41-32 shall adopt a program providing for the accountability of the school
41-33 district to the residents of the district and to the State Board for the
41-34 quality of the schools and the educational achievement of the pupils
41-35 in the district, including, without limitation, pupils enrolled in
41-36 charter schools in the school district. The board of trustees of a
41-37 school district shall report the information required by subsection 2
41-38 for each charter school within the school district, regardless of the
41-39 sponsor of the charter school.
41-40 2. The board of trustees of each school district shall, on or
41-41 before [March 31] August 15 of each year, [report to the residents of
41-42 the district] prepare an annual report of accountability concerning:
41-43 (a) The educational goals and objectives of the school district.
41-44 (b) Pupil achievement for [grades 4, 8, 10 and 11 for] each
41-45 school in the district and the district as a whole, including, without
41-46 limitation, each charter school in the district.[Unless otherwise
42-1 directed by the Department, the] The board of trustees of the district
42-2 shall base its report on the results of the examinations administered
42-3 pursuant to NRS 389.015 and 389.550 and shall compare the results
42-4 of those examinations for the current school year with those of
42-5 previous school years. The report must include, for each school in
42-6 the district, including, without limitation, each charter school in the
42-7 district, and each grade in which the examinations were
42-8 administered:
42-9 (1) The number of pupils who took the examinations;
42-10 (2) An explanation of instances in which a school was
42-11 exempt from administerGreen numbers along left margin indicate location on the printed bill (e.g., 5-15 indicates page 5, line 15).ing or a pupil was exempt from taking an
42-12 examination; [and]
42-13 (3) A record of attendance for the period in which the
42-14 examinations were administered, including an explanation of any
42-15 difference in the number of pupils who took the examinations and
42-16 the number of pupils who are enrolled in the school[.
42-17 In addition, the board shall also report the results of other
42-18 examinations of pupil achievement administered to pupils in the
42-19 school district in grades other than 4, 8, 10 and 11. The results of
42-20 these examinations for the current school year must be compared
42-21 with those of previous school years.] ;
42-22 (4) Except as otherwise provided in this paragraph, pupil
42-23 achievement, reported separately by gender and reported
42-24 separately for the following subgroups of pupils:
42-25 (I) Pupils who are economically disadvantaged, as
42-26 defined by the State Board;
42-27 (II) Pupils from major racial and ethnic groups, as
42-28 defined by the State Board;
42-29 (III) Pupils with disabilities;
42-30 (IV) Pupils who are limited English proficient; and
42-31 (V) Pupils who are migratory children, as defined by the
42-32 State Board;
42-33 (5) A comparison of the achievement of pupils in each
42-34 subgroup identified in paragraph (b) of subsection 1 of section 5
42-35 of this act with the annual measurable objectives of the State
42-36 Board;
42-37 (6) The percentage of pupils who were not tested;
42-38 (7) Except as otherwise provided in this paragraph, the
42-39 percentage of pupils who were not tested, reported separately by
42-40 gender and reported separately for the subgroups identified in
42-41 subparagraph (4);
42-42 (8) The most recent 3-year trend in pupil achievement in
42-43 each subject area tested and each grade level tested pursuant to
42-44 NRS 389.015 and 389.550, which may include information
42-45 regarding the trend in the achievement of pupils for more than 3
42-46 years, if such information is available;
43-1 (9) Information that compares the results of pupils in the
43-2 school district, including, without limitation, pupils enrolled in
43-3 charter schools in the district, with the results of pupils
43-4 throughout this state. The information required by this
43-5 subparagraph must be provided in consultation with the
43-6 Department to ensure the accuracy of the comparison; and
43-7 (10) For each school in the district, including, without
43-8 limitation, each charter school in the district, information that
43-9 compares the results of pupils in the school with the results of
43-10 pupils throughout the school district and throughout this state.
43-11 The information required by this subparagraph must be provided
43-12 in consultation with the Department to ensure the accuracy of the
43-13 comparison.
43-14 A separate reporting for a subgroup of pupils must not be made
43-15 pursuant to this paragraph if the number of pupils in that
43-16 subgroup is insufficient to yield statistically reliable information
43-17 or the results would reveal personally identifiable information
43-18 about an individual pupil. The State Board shall prescribe the
43-19 mechanism for determining the minimum number of pupils that
43-20 must be in a subgroup for that subgroup to yield statistically
43-21 reliable information.
43-22 (c) The ratio of pupils to teachers in kindergarten and at each
43-23 grade level for each elementary school in the district and the district
43-24 as a whole, including, without limitation, each charter school in the
43-25 district, and the average class size for each [required course of
43-26 study] core academic subject, as set forth in NRS 389.018, for each
43-27 secondary school in the district and the district as a whole,
43-28 including, without limitation, each charter school in the district . [,
43-29 and other data concerning licensed and unlicensed employees of the
43-30 school district.
43-31 (d) The percentage of classes taught by teachers who have been
43-32 assigned to teach English, mathematics, science or social studies but
43-33 do not possess a license with an endorsement to teach in that subject
43-34 area, for each school in the district and the district as a whole,
43-35 including, without limitation, each charter school in the district.]
43-36 (d) Information on the professional qualifications of teachers
43-37 employed by each school in the district and the district as a whole,
43-38 including, without limitation, each charter school in the district.
43-39 The information must include, without limitation:
43-40 (1) The percentage of teachers who are:
43-41 (I) Providing instruction pursuant to NRS 391.125;
43-42 (II) Providing instruction pursuant to a waiver of the
43-43 requirements for licensure for the grade level or subject area in
43-44 which the teachers are employed; or
44-1 (III) Otherwise providing instruction without an
44-2 endorsement for the subject area in which the teachers are
44-3 employed;
44-4 (2) The percentage of classes in the core academic subjects,
44-5 as set forth in NRS 389.018, that are not taught by highly qualified
44-6 teachers; and
44-7 (3) The percentage of classes in the core academic subjects,
44-8 as set forth in NRS 389.018, that are not taught by highly qualified
44-9 teachers, in the aggregate and disaggregated by high-poverty
44-10 compared to low-poverty schools, which for the purposes of this
44-11 subparagraph, means schools in the top quartile of poverty and
44-12 the bottom quartile of poverty in this state.
44-13 (e) The total expenditure per pupil for each school in the district
44-14 and the district as a whole, including, without limitation, each
44-15 charter school in the district. If this state has a financial analysis
44-16 program that is designed to track educational expenditures and
44-17 revenues to individual schools, each school district shall use that
44-18 statewide program in complying with this paragraph. If a
44-19 statewide program is not available, each school district shall use
44-20 its own financial analysis program in complying with this
44-21 paragraph.
44-22 (f) The curriculum used by the school district, including:
44-23 (1) Any special programs for pupils at an individual school;
44-24 and
44-25 (2) The curriculum used by each charter school in the
44-26 district.
44-27 (g) Records of the attendance and truancy of pupils in all grades,
44-28 including, without limitation[, the] :
44-29 (1) The average daily attendance of pupils, for each school in
44-30 the district and the district as a whole, including, without limitation,
44-31 each charter school in the district.
44-32 (2) For each elementary school, middle school and junior
44-33 high school in the district, including, without limitation, each
44-34 charter school in the district that provides instruction to pupils
44-35 enrolled in a grade level other than high school, information that
44-36 compares the attendance of the pupils enrolled in the school with
44-37 the attendance of pupils throughout the district and throughout
44-38 this state. The information required by this subparagraph must be
44-39 provided in consultation with the Department to ensure the
44-40 accuracy of the comparison.
44-41 (h) The annual rate of pupils who drop out of school in grades 9
44-42 to 12, inclusive, for each such grade, for each school in the district
44-43 and for the district as a whole, excluding pupils who:
44-44 (1) Provide proof to the school district of successful
44-45 completion of the examinations of general educational development.
45-1 (2) Are enrolled in courses that are approved by the
45-2 Department as meeting the requirements for an adult standard
45-3 diploma.
45-4 (3) Withdraw from school to attend another school.
45-5 (i) Records of attendance of teachers who provide instruction,
45-6 for each school in the district and the district as a whole, including,
45-7 without limitation, each charter school in the district.
45-8 (j) Efforts made by the school district and by each school in the
45-9 district, including, without limitation, each charter school in the
45-10 district, to increase:
45-11 (1) Communication with the parents of pupils in the district;
45-12 and
45-13 (2) The participation of parents in the educational process
45-14 and activities relating to the school district and each school,
45-15 including, without limitation, the existence of parent organizations
45-16 and school advisory committees.
45-17 (k) Records of incidents involving weapons or violence for each
45-18 school in the district, including, without limitation, each charter
45-19 school in the district.
45-20 (l) Records of incidents involving the use or possession of
45-21 alcoholic beverages or controlled substances for each school in the
45-22 district, including, without limitation, each charter school in the
45-23 district.
45-24 (m) Records of the suspension and expulsion of pupils required
45-25 or authorized pursuant to NRS 392.466 and 392.467.
45-26 (n) The number of pupils who are deemed habitual disciplinary
45-27 problems pursuant to NRS 392.4655, for each school in the district
45-28 and the district as a whole, including, without limitation, each
45-29 charter school in the district.
45-30 (o) The number of pupils in each grade who are retained in the
45-31 same grade pursuant to NRS 392.033 or 392.125, for each school in
45-32 the district and the district as a whole, including, without limitation,
45-33 each charter school in the district.
45-34 (p) The transiency rate of pupils for each school in the district
45-35 and the district as a whole, including, without limitation, each
45-36 charter school in the district. For the purposes of this paragraph, a
45-37 pupil is not transient if he is transferred to a different school within
45-38 the school district as a result of a change in the zone of attendance
45-39 by the board of trustees of the school district pursuant to
45-40 NRS 388.040.
45-41 (q) Each source of funding for the school district.
45-42 (r) The amount and sources of money received for remedial
45-43 education for each school in the district and the district as a whole,
45-44 including, without limitation, each charter school in the district.
45-45 (s) For each high school in the district, including, without
45-46 limitation, each charter school in the district, the percentage of
46-1 pupils who graduated from that high school or charter school in the
46-2 immediately preceding year and enrolled in remedial courses in
46-3 reading, writing or mathematics at a university or community
46-4 college within the University and Community College System of
46-5 Nevada.
46-6 (t) The technological facilities and equipment available at each
46-7 school, including, without limitation, each charter school, and the
46-8 district’s plan to incorporate educational technology at each school.
46-9 (u) For each school in the district and the district as a whole,
46-10 including, without limitation, each charter school in the district, the
46-11 number and percentage of pupils who [graduate with:] received:
46-12 (1) A standard high school diploma.
46-13 (2) An adjusted diploma.
46-14 (3) A certificate of attendance.
46-15 (v) For each school in the district and the district as a whole,
46-16 including, without limitation, each charter school in the district, the
46-17 number and percentage of pupils who did not receive a high school
46-18 diploma because the pupils failed to pass the high school
46-19 proficiency examination.
46-20 (w) The number of habitual truants who are reported to a school
46-21 police officer or law enforcement agency pursuant to paragraph (a)
46-22 of subsection 2 of NRS 392.144 and the number of habitual truants
46-23 who are referred to an advisory board to review school attendance
46-24 pursuant to paragraph (b) of subsection 2 of NRS 392.144, for each
46-25 school in the district and for the district as a whole.
46-26 (x) The amount and sources of money received for the training
46-27 and professional development of teachers and other educational
46-28 personnel for each school in the district and for the district as a
46-29 whole, including, without limitation, each charter school in the
46-30 district.
46-31 (y) Whether the school district has made adequate yearly
46-32 progress. If the school district has been designated as
46-33 demonstrating need for improvement pursuant to section 35 of this
46-34 act, the report must include a statement indicating the number of
46-35 consecutive years the school district has carried that designation.
46-36 (z) Information on whether each public school in the district,
46-37 including, without limitation, each charter school in the district,
46-38 has made adequate yearly progress, including, without limitation:
46-39 (1) The number and percentage of schools in the district, if
46-40 any, that have been designated as needing improvement pursuant
46-41 to section 16 of this act; and
46-42 (2) The name of each school, if any, in the district that has
46-43 been designated as needing improvement pursuant to section 16 of
46-44 this act and the number of consecutive years that the school has
46-45 carried that designation.
47-1 (aa) Information on the paraprofessionals employed by each
47-2 public school in the district, including, without limitation, each
47-3 charter school in the district. The information must include:
47-4 (1) The number of paraprofessionals employed at the
47-5 school; and
47-6 (2) The number and percentage of all paraprofessionals
47-7 who do not satisfy the qualifications set forth in 20 U.S.C. §
47-8 6319(c). The reporting requirements of this subparagraph apply to
47-9 paraprofessionals who are employed in positions supported with
47-10 Title I money and to paraprofessionals who are not employed in
47-11 positions supported with Title I money.
47-12 (bb) For each high school in the district, including, without
47-13 limitation, each charter school that operates as a high school,
47-14 information that provides a comparison of the rate of graduation
47-15 of pupils enrolled in the high school with the rate of graduation of
47-16 pupils throughout the district and throughout this state. The
47-17 information required by this paragraph must be provided in
47-18 consultation with the Department to ensure the accuracy of the
47-19 comparison.
47-20 (cc) An identification of the appropriations made by the
47-21 Legislature that are available to the school district or the schools
47-22 within the district and programs approved by the Legislature to
47-23 improve the academic achievement of pupils.
47-24 (dd) Such other information as is directed by the Superintendent
47-25 of Public Instruction.
47-26 3. The records of attendance maintained by a school for
47-27 purposes of paragraph (i) of subsection 2 must include the number
47-28 of teachers who are in attendance at school and the number of
47-29 teachers who are absent from school. A teacher shall be deemed in
47-30 attendance if the teacher is excused from being present in the
47-31 classroom by the school in which he is employed for one of the
47-32 following reasons:
47-33 (a) Acquisition of knowledge or skills relating to the
47-34 professional development of the teacher; or
47-35 (b) Assignment of the teacher to perform duties for cocurricular
47-36 or extracurricular activities of pupils.
47-37 4. The annual report of accountability prepared pursuant to
47-38 subsection 2 must:
47-39 (a) Comply with 20 U.S.C. § 6311(h)(2) and the regulations
47-40 adopted pursuant thereto; and
47-41 (b) Be presented in an understandable and uniform format
47-42 and to the extent practicable, provided in a language that parents
47-43 can understand.
47-44 5. The Superintendent of Public Instruction shall:
47-45 (a) Prescribe forms for the reports required pursuant to
47-46 subsection 2 and provide the forms to the respective school districts.
48-1 (b) Provide statistical information and technical assistance to the
48-2 school districts to ensure that the reports provide comparable
48-3 information with respect to each school in each district and among
48-4 the districts[.] throughout this state.
48-5 (c) Consult with a representative of the:
48-6 (1) Nevada State Education Association;
48-7 (2) Nevada Association of School Boards;
48-8 (3) Nevada Association of School Administrators;
48-9 (4) Nevada Parent [Teachers] Teacher Association;
48-10 (5) Budget Division of the Department of Administration;
48-11 and
48-12 (6) Legislative Counsel Bureau,
48-13 concerning the program and consider any advice or
48-14 recommendations submitted by the representatives with respect to
48-15 the program.
48-16 [5.] 6. The Superintendent of Public Instruction may consult
48-17 with representatives of parent groups other than the Nevada Parent
48-18 Teachers Association concerning the program and consider any
48-19 advice or recommendations submitted by the representatives with
48-20 respect to the program.
48-21 [6.] 7. On or before April [15] 1 of each year, the board of
48-22 trustees of each school district shall submit to [each] :
48-23 (a) Each advisory board to review school attendance created in
48-24 the county pursuant to NRS 392.126 the information required in
48-25 paragraph (g) of subsection 2.
48-26 (b) The Commission on Educational Technology created by
48-27 NRS 388.790 the information prepared by the board of trustees
48-28 pursuant to paragraph (t) of subsection 2.
48-29 8. On or before August 15 of each year, the board of trustees
48-30 of each school district shall:
48-31 (a) Submit the report required pursuant to subsection 2 to the:
48-32 (1) Governor;
48-33 (2) State Board;
48-34 (3) Department;
48-35 (4) Committee; and
48-36 (5) Bureau.
48-37 (b) Provide for public dissemination of the annual report of
48-38 accountability prepared pursuant to subsection 2 in the manner
48-39 set forth in 20 U.S.C. § 6311(h)(2)(E) to the schools in the school
48-40 district, including, without limitation, each charter school in the
48-41 district, the residents of the district, and the parents and guardians
48-42 of pupils enrolled in schools in the district, including, without
48-43 limitation, each charter school in the district.
48-44 9. As used in this section:
48-45 (a) “Highly qualified” has the meaning ascribed to it in 20
48-46 U.S.C. § 7801(23).
49-1 (b) “Paraprofessional” has the meaning ascribed to it in
49-2 section 73 of this act.
49-3 Sec. 45. NRS 385.354 is hereby amended to read as follows:
49-4 385.354 1. If the board of trustees of a school district in a
49-5 county whose population is 400,000 or more, or the superintendent
49-6 of schools of such a school district, creates regional subdistricts
49-7 within the school district, each regional subdistrict shall, on or
49-8 before [April] August 15 of each year, prepare an annual report. The
49-9 annual report must include, without limitation, for the immediately
49-10 preceding school year:
49-11 (a) A description of the geographic area that comprises the
49-12 subdistrict.
49-13 (b) A list of the administrative leadership of the subdistrict.
49-14 (c) The number of public meetings, if any, held by the
49-15 subdistrict.
49-16 (d) The information required by subsection 2 of NRS 385.347,
49-17 reported for the subdistrict as a whole and for each school within the
49-18 subdistrict.
49-19 (e) The total number of administrators employed to provide
49-20 services within the subdistrict, and the total amount of money paid
49-21 to those administrators for salaries and benefits.
49-22 (f) The total number of teachers and other educational personnel
49-23 employed to provide instruction and other educational services in
49-24 schools within the subdistrict, and the total amount of money paid to
49-25 those teachers and personnel for salaries and benefits.
49-26 (g) The number of substitute teachers who were employed to
49-27 provide instruction in schools within the subdistrict for a period of
49-28 30 consecutive days or more and the subject areas taught by those
49-29 substitute teachers.
49-30 (h) The number of administrators, teachers and other educational
49-31 personnel identified in paragraphs (e) and (f) that attended a
49-32 regional training program for the professional development of
49-33 teachers and administrators established pursuant to NRS 391.512,
49-34 including, without limitation:
49-35 (1) The type of training received; and
49-36 (2) A summary of the evaluation of the training by the
49-37 teachers and administrators who participated.
49-38 (i) Demographic information concerning the pupils enrolled in
49-39 schools within the subdistrict, including, without limitation:
49-40 (1) Race;
49-41 (2) Ethnicity;
49-42 (3) Gender;
49-43 (4) The percentage of pupils with disabilities who received
49-44 special education pursuant to NRS 388.440 to 388.520, inclusive;
49-45 (5) The percentage of gifted and talented pupils who received
49-46 special education pursuant to NRS 388.440 to 388.520, inclusive;
50-1 (6) The percentage of pupils who participated in the program
50-2 for free or reduced-price school lunches pursuant to 42 U.S.C. §§
50-3 1751 et seq.; and
50-4 (7) The percentage of pupils who participated in educational
50-5 programs for migratory children provided pursuant to 20 U.S.C. §§
50-6 6391 et seq.
50-7 (j) The number of schools, if any, within the subdistrict that
50-8 were designated as demonstrating need for improvement.
50-9 (k) A summary of each program for remediation, if any,
50-10 purchased for the schools within the subdistrict, including, without
50-11 limitation:
50-12 (1) The name of the program; and
50-13 (2) The costs of the program.
50-14 (l) The number of preschool children who participated in early
50-15 childhood education programs provided by the school district, the
50-16 subdistrict or schools within the subdistrict.
50-17 (m) The budget for the subdistrict, including, without limitation,
50-18 the:
50-19 (1) Amount of money from the school district’s total budget
50-20 that was allocated to the subdistrict or for use to operate the schools
50-21 within the subdistrict; and
50-22 (2) Actual expenditures of the subdistrict or school district,
50-23 as applicable, expressed on a per pupil basis, to operate the schools
50-24 within the subdistrict.
50-25 (n) The establishment of zones of attendance, if any, or changes
50-26 made to the existing zones of attendance, if any, that affected the
50-27 subdistrict and the number of pupils within the subdistrict who were
50-28 affected by each change.
50-29 (o) The number of schools within the subdistrict, if any, that
50-30 converted to a year-round schedule.
50-31 (p) A description of the procedure of the subdistrict for hearing
50-32 grievances and complaints of parents and legal guardians of pupils
50-33 enrolled in schools within the subdistrict.
50-34 2. On or before [April] August 15 of each year, each regional
50-35 subdistrict shall submit to the board of trustees of the school district
50-36 in which the subdistrict is located, the written report prepared
50-37 pursuant to subsection 1. On or before [June] December 15 of each
50-38 year, the board of trustees shall submit a written compilation of the
50-39 reports to the:
50-40 (a) Legislative Commission;
50-41 (b) Committee; and
50-42 (c) Department.
50-43 The written compilation must include, without limitation, an
50-44 analysis and evaluation of the equity among the regional subdistricts
50-45 based upon the information reported.
51-1 3. The board of trustees of a school district that includes
51-2 regional subdistricts which are required to submit reports pursuant
51-3 to this section shall prescribe forms for the reports.
51-4 Sec. 46. NRS 385.359 is hereby amended to read as follows:
51-5 385.359 1. The Bureau shall contract with a person or entity
51-6 to:
51-7 (a) Review and analyze , [the information submitted to the
51-8 Bureau pursuant to NRS 385.351] in accordance with the standards
51-9 prescribed by the Committee pursuant to subsection 2 of NRS
51-10 218.5354[;] , the:
51-11 (1) Annual report of accountability prepared by:
51-12 (I) The State Board pursuant to section 8 of this act;
51-13 and
51-14 (II) The board of trustees of each school district
51-15 pursuant to NRS 385.347.
51-16 (2) Plan to improve the achievement of pupils prepared by:
51-17 (I) The State Board pursuant to section 9 of this act;
51-18 (II) The board of trustees of each school district
51-19 pursuant to section 10 of this act; and
51-20 (III) Each school pursuant to section 11 of this act
51-21 identified by the Bureau for review, if any.
51-22 (b) Submit a written report to and consult with the State Board
51-23 and the Department regarding any methods by which the State
51-24 Board may improve the accuracy of the report of accountability
51-25 required pursuant to section 8 of this act and the plan to improve
51-26 the achievement of pupils required pursuant to section 9 of this
51-27 act, and the purposes for which the report and plan to improve are
51-28 used.
51-29 (c) Submit a written report to and consult with each school
51-30 district regarding any methods by which the district may improve
51-31 the accuracy of the report required pursuant to subsection 2 of NRS
51-32 385.347 and the [written report and written procedure required
51-33 pursuant to NRS 385.351,] plan to improve the achievement of
51-34 pupils required pursuant to section 10 of this act, and the purposes
51-35 for which the [reports and
written procedure are used; and
51-36 (c)] report and plan
to improve are used.
51-37 (d) If requested by the Bureau, submit a written report to and
51-38 consult with individual schools identified by the Bureau regarding
51-39 any methods by which the school may improve the accuracy of the
51-40 information required to be reported for the school pursuant to
51-41 subsection 2 of NRS 385.347 and the plan to improve the
51-42 achievement of pupils required pursuant to section 11 of this act.
51-43 (e) Submit written reports and any recommendations to the
51-44 Committee and the Bureau concerning:
52-1 (1) The effectiveness of the provisions of NRS 385.3455 to
52-2 385.391, inclusive, and sections 2 to 40, inclusive, of this act in
52-3 improving the accountability of the schools of this state;
52-4 (2) The status of each school district that is designated as
52-5 demonstrating need for improvement pursuant to section 35 of this
52-6 act and each school that is designated as demonstrating need for
52-7 improvement pursuant to [NRS 385.367 and 385.368;] section 16 of
52-8 this act; and
52-9 (3) Any other matter related to the accountability of the
52-10 public schools of this state, as deemed necessary by the Bureau.
52-11 2. The consultant with whom the Bureau contracts to perform
52-12 the duties required pursuant to subsection 1[:
52-13 (a) Must] must possess the experience and knowledge necessary
52-14 to perform those duties, as determined by the Committee . [; and
52-15 (b) Shall complete those duties within 6 months after the Bureau
52-16 provides to the consultant the report required pursuant to subsection
52-17 2 of NRS 385.347 and the written report and written procedure
52-18 required pursuant to NRS 385.351.]
52-19 Sec. 47. NRS 385.389 is hereby amended to read as follows:
52-20 385.389 1. The Department shall adopt programs of remedial
52-21 study for each subject tested on the examinations administered
52-22 pursuant to NRS 389.015[.] , including, without limitation,
52-23 programs that are designed for pupils who are limited English
52-24 proficient. The programs adopted for pupils who are limited
52-25 English proficient must be designed to:
52-26 (a) Improve the academic achievement of those pupils; or
52-27 (b) Assist those pupils with attaining proficiency in the English
52-28 language.
52-29 In adopting these programs of remedial study, the Department shall
52-30 consider the recommendations submitted by the Committee pursuant
52-31 to NRS 218.5354 and programs of remedial study that have proven
52-32 to be successful in improving the academic achievement of pupils.
52-33 2. [A school that receives a designation as demonstrating need
52-34 for improvement pursuant to paragraph (a) of subsection 1 of NRS
52-35 385.367] Except as otherwise provided in section 15 of this act, if a
52-36 school fails to make adequate yearly progress or if less than 60
52-37 percent of the pupils enrolled in a school who took the
52-38 examinations administered pursuant to NRS 389.015 received an
52-39 average score on those examinations that is at least equal to the
52-40 26th percentile of the national reference group of pupils to which
52-41 the examinations were compared, the school shall adopt a program
52-42 of remedial study that has been adopted by the Department pursuant
52-43 to subsection 1.
52-44 3. [A] Except as otherwise provided in section 15 of this act, a
52-45 school district that includes a school [which receives a designation
52-46 of demonstrating need for improvement pursuant to paragraph (a) of
53-1 subsection 1 of NRS 385.367] described in subsection 2 shall
53-2 ensure that each of the pupils enrolled in the school who failed to
53-3 demonstrate at least adequate achievement on the examinations
53-4 administered pursuant to NRS 389.015 completes, in accordance
53-5 with the requirements set forth in subsection [5] 4 of NRS 389.015,
53-6 remedial study that is determined to be appropriate for the pupil.
53-7 Sec. 48. NRS 385.391 is hereby amended to read as follows:
53-8 385.391 1. The Department shall adopt:
53-9 [1.] (a) Regulations to provide for the recognition of schools
53-10 that [receive] :
53-11 (1) Receive a designation as demonstrating exemplary
53-12 achievement or high achievement pursuant to [NRS 385.365;
53-13 2. Regulations which prescribe the factors that
the Department
53-14 will consider in determining
whether to grant a waiver from the
53-15 establishment of a panel to
supervise the academic probation of a
53-16 school pursuant to NRS 385.378,
including, without limitation,
53-17 criteria for determining whether:
53-18 (a)
A school has significantly improved for the purpose of
53-19 subsection 3 of NRS 385.378; and
53-20 (b)
The number of pupils enrolled in a school who take the
53-21 examinations required pursuant to
NRS 389.015 has significantly
53-22 increased for the purpose of
subsection 4 of NRS 385.378; and
53-23 3.] section 16 of
this act.
53-24 (2) Significantly improve the academic achievement of
53-25 subgroups of pupils identified in paragraph (b) of subsection 1 of
53-26 section 5 of this act.
53-27 (3) Exceed adequate yearly progress, as determined by the
53-28 Department pursuant to section 12 of this act, for 2 or more
53-29 consecutive years.
53-30 (b) Such regulations as it deems necessary to carry out the
53-31 provisions of this section and NRS 385.3455 to [385.386,] 385.391,
53-32 inclusive, and sections 2 to 40, inclusive, of this act, including,
53-33 without limitation, uniform standards for the type and format of data
53-34 that must be submitted by the school districts and the time by which
53-35 such data must be submitted.
53-36 2. The Department may work in consultation with the Bureau
53-37 for identifying and publicizing the achievement of schools that are
53-38 recognized pursuant to paragraph (a) of subsection 1.
53-39 Sec. 49. Chapter 386 of NRS is hereby amended by adding
53-40 thereto a new section to read as follows:
53-41 1. A person who is initially hired as a paraprofessional by a
53-42 charter school after January 8, 2002, to work in a program
53-43 supported with Title I money must possess the qualifications
53-44 required by 20 U.S.C. § 6319(c).
53-45 2. A person who is employed as a paraprofessional by a
53-46 charter school, regardless of the date of hire, to work in a program
54-1 supported with Title I money must possess, on or before
54-2 January 8, 2006, the qualifications required by 20 U.S.C. §
54-3 6319(c).
54-4 3. For the purposes of this section, a person is not “initially
54-5 hired” if he has been employed as a paraprofessional by another
54-6 school district or charter school in this state without an
54-7 interruption in employment before the date of hire by his current
54-8 employer.
54-9 4. As used in this section, “paraprofessional” has the
54-10 meaning ascribed to it in section 73 of this act.
54-11 Sec. 50. NRS 386.500 is hereby amended to read as follows:
54-12 386.500 For the purposes of NRS 386.500 to 386.610,
54-13 inclusive, and section 49 of this act, a pupil is “at risk” if he has an
54-14 economic or academic disadvantage such that he requires special
54-15 services and assistance to enable him to succeed in educational
54-16 programs. The term includes, without limitation, pupils who are
54-17 members of economically disadvantaged families, pupils [with
54-18 limited proficiency in the English language,] who are limited
54-19 English proficient, pupils who are at risk of dropping out of high
54-20 school and pupils who do not meet minimum standards of academic
54-21 proficiency. The term does not include a pupil with a disability.
54-22 Sec. 51. NRS 386.590 is hereby amended to read as follows:
54-23 386.590 1. Except as otherwise provided in this subsection,
54-24 at least 70 percent of the teachers who provide instruction at a
54-25 charter school must be licensed teachers. If a charter school is a
54-26 vocational school, the charter school shall, to the extent practicable,
54-27 ensure that at least 70 percent of the teachers who provide
54-28 instruction at the school are licensed teachers, but in no event may
54-29 more than 50 percent of the teachers who provide instruction at the
54-30 school be unlicensed teachers.
54-31 2. A governing body of a charter school shall employ:
54-32 (a) If the charter school offers instruction in kindergarten or
54-33 grade 1, 2, 3, 4 or 5, a licensed teacher to teach pupils who are
54-34 enrolled in those grades. If required by subsection 3 or 4, such a
54-35 teacher must possess the qualifications required by 20 U.S.C. §
54-36 6319(a).
54-37 (b) [If] Except as otherwise provided in subsections 3 and 4, if
54-38 the charter school offers instruction in grade 6, 7, 8, 9, 10, 11 or 12,
54-39 a licensed teacher to teach pupils who are enrolled in those grades
54-40 for the following courses of study:
54-41 (1) English, including reading, composition and writing;
54-42 (2) Mathematics;
54-43 (3) Science; and
54-44 (4) Social studies, which includes only the subjects of
54-45 history, geography, economics and government.
54-46 (c) In addition to the requirements of paragraphs (a) and (b):
55-1 (1) If a charter school specializes in arts and humanities,
55-2 physical education or health education, a licensed teacher to teach
55-3 those courses of study.
55-4 (2) If a charter school specializes in the construction industry
55-5 or other building industry, licensed teachers to teach courses of
55-6 study relating to the industry if those teachers are employed full
55-7 time.
55-8 (3) If a charter school specializes in the construction industry
55-9 or other building industry and the school offers courses of study in
55-10 computer education, technology or business, licensed teachers to
55-11 teach those courses of study if those teachers are employed full
55-12 time.
55-13 3. A person who is initially hired by the governing body of a
55-14 charter school on or after January 8, 2002, to teach in a program
55-15 supported with money from Title I must possess the qualifications
55-16 required by 20 U.S.C. § 6319(a). For the purposes of this
55-17 subsection, a person is not “initially hired” if he has been
55-18 employed as a teacher by another school district or charter school
55-19 in this state without an interruption in employment before the date
55-20 of hire by his current employer.
55-21 4. A teacher who is employed by a charter school, regardless
55-22 of the date of hire, must, on or before July 1, 2006, possess the
55-23 qualifications required by 20 U.S.C. § 6319(a) if he teaches one or
55-24 more of the following subjects:
55-25 (a) English, reading or language arts;
55-26 (b) Mathematics;
55-27 (c) Science;
55-28 (d) Foreign language;
55-29 (e) Civics or government;
55-30 (f) Economics;
55-31 (g) Geography;
55-32 (h) History; or
55-33 (i) The arts.
55-34 5. A charter school may employ a person who is not licensed
55-35 pursuant to the provisions of chapter 391 of NRS to teach a course
55-36 of study for which a licensed teacher is not required pursuant to
55-37 [subsection 2] subsections 2, 3 and 4 if the person has:
55-38 (a) A degree, a license or a certificate in the field for which he is
55-39 employed to teach at the charter school; and
55-40 (b) At least 2 years of experience in that field.
55-41 [4.] 6. A charter school may employ such administrators for
55-42 the school as it deems necessary. A person employed as an
55-43 administrator must possess:
55-44 (a) A master’s degree in school administration, public
55-45 administration or business administration; or
56-1 (b) If the person has at least 5 years of experience in
56-2 administration, a baccalaureate degree.
56-3 [5.] 7. A charter school shall not employ a person pursuant to
56-4 this section if his license to teach or provide other educational
56-5 services has been revoked or suspended in this state or another state.
56-6 [6.] 8. On or before November 15 of each year, a charter
56-7 school shall submit to the Department, in a format prescribed by the
56-8 Superintendent of Public Instruction, the following information for
56-9 each licensed employee who is employed by the governing body on
56-10 October 1 of that year:
56-11 (a) The amount of salary of the employee; and
56-12 (b) The designated assignment, as that term is defined by the
56-13 Department, of the employee.
56-14 Sec. 52. NRS 386.605 is hereby amended to read as follows:
56-15 386.605 1. On or before [January 1] July 15 of each year, the
56-16 governing body of each charter school shall submit the information
56-17 concerning the charter school that is required pursuant to subsection
56-18 2 of NRS 385.347 to the board of trustees of the school district in
56-19 which the charter school is located, regardless of the sponsor of the
56-20 charter school, for inclusion in the report of the school district
56-21 pursuant to that section. The information must be submitted by the
56-22 charter school in a format prescribed by the board of trustees.
56-23 2. On or before [April] August 15of each year, the governing
56-24 body of each charter school shall submit the information applicable
56-25 to the charter school that is contained in the report pursuant to
56-26 paragraph (t) of subsection 2 of NRS 385.347 to the Commission on
56-27 Educational Technology created pursuant to NRS 388.790.
56-28 3. [On or before June 15 of each year, the governing body of
56-29 each charter school shall prepare a:
56-30 (a) Separate written report summarizing the effectiveness of the
56-31 charter school’s program of accountability. The report must include:
56-32 (1) A review and analysis of the data upon which the report
56-33 required pursuant to subsection 2 of NRS 385.347 is based and a
56-34 review and analysis of any data that is more recent than the data
56-35 upon which the report is based;
56-36 (2) The identification of any problems or factors at the
56-37 charter school that are revealed by the review and analysis; and
56-38 (3) A summary of the efforts that the governing body has
56-39 made or intends to make to ensure that the teachers and other
56-40 educational personnel employed by the governing body receive
56-41 training and other professional development in:
56-42 (I) The standards of content and performance established
56-43 by the Council to Establish Academic Standards for Public Schools
56-44 pursuant to NRS 389.520;
56-45 (II) The assessment and measurement of pupil
56-46 achievement and the effective methods to analyze the test results
57-1 and scores of pupils to improve the achievement and proficiency of
57-2 pupils; and
57-3 (III) Specific content areas to enable the teachers and
57-4 other educational personnel to provide a higher level of instruction
57-5 in their respective fields of teaching.
57-6 (b) Written procedure to improve the achievement of pupils who
57-7 are enrolled in the charter school, including, but not limited to, a
57-8 description of the efforts the governing body has made to correct
57-9 any deficiencies identified in the written report required pursuant to
57-10 paragraph (a). The written procedure must describe sources of data
57-11 that will be used by the governing body to evaluate the effectiveness
57-12 of the written procedure.
57-13 4. On or before June 15 of each year, the governing body of
57-14 each charter school shall submit copies of the written report and
57-15 written procedure required pursuant to subsection 3 to the:
57-16 (a) Governor;
57-17 (b) State Board;
57-18 (c) Department;
57-19 (d) Legislative Committee on Education created pursuant to
57-20 NRS 218.5352;
57-21 (e) Legislative Bureau of Educational Accountability and
57-22 Program Evaluation created pursuant to NRS 218.5356; and
57-23 (f) Board of trustees of the school district in which the charter
57-24 school is located.
57-25 5. The Department shall maintain a record of the information
57-26 that it receives from each charter school pursuant to this section in
57-27 such a manner as will allow the Department to create for each
57-28 charter school a yearly profile of information.
57-29 6. The governing body of each charter school shall ensure that
57-30 a copy of the written report and written procedure required pursuant
57-31 to subsection 3 is included with the final budget of the charter
57-32 school adopted by the governing body of the charter school pursuant
57-33 to the regulations of the Department.
57-34 7.] The Legislative Bureau of Educational Accountability and
57-35 Program Evaluation created pursuant to NRS 218.5356 may
57-36 authorize a person or entity with whom it contracts pursuant to NRS
57-37 385.359 to review and analyze information submitted by charter
57-38 schools pursuant to this section[,] and section 11 of this act,
57-39 consult with the governing bodies of charter schools and submit
57-40 written reports concerning charter schools pursuant to NRS 385.359.
57-41 Sec. 53. NRS 386.650 is hereby amended to read as follows:
57-42 386.650 1. The Department shall establish and maintain [a
57-43 statewide] an automated system of accountability information
57-44 [concerning pupils.] for Nevada. The system must [be] :
58-1 (a) Have the capacity to provide and report information,
58-2 including, without limitation, the results of the achievement of
58-3 pupils:
58-4 (1) In the manner required by 20 U.S.C. §§ 6301 et seq.,
58-5 and the regulations adopted pursuant thereto, and NRS 385.347
58-6 and section 5 of this act; and
58-7 (2) In a separate reporting for each subgroup of pupils
58-8 identified in paragraph (b) of subsection 1 of section 5 of this act;
58-9 (b) Include a system of unique identification for each pupil:
58-10 (1) To ensure that individual pupils may be tracked over
58-11 time throughout this state; and
58-12 (2) That, to the extent practicable, may be used for
58-13 purposes of identifying a pupil for both the public schools and the
58-14 University and Community College System of Nevada, if that pupil
58-15 enrolls in the System after graduation from high school;
58-16 (c) Have the capacity to provide longitudinal comparisons of
58-17 the academic achievement, rate of attendance and rate of
58-18 graduation of pupils over time throughout this state;
58-19 (d) Have the capacity to perform a variety of longitudinal
58-20 analyses of the results of individual pupils on assessments,
58-21 including, without limitation, the results of pupils by classroom
58-22 and by school;
58-23 (e) Have the capacity to identify which teachers are assigned to
58-24 individual pupils and which paraprofessionals, if any, are
58-25 assigned to provide services to individual pupils;
58-26 (f) Have the capacity to provide other information concerning
58-27 schools and school districts that is not linked to individual pupils,
58-28 including, without limitation, the designation of schools and
58-29 school districts pursuant to sections 16 and 35 of this act,
58-30 respectively, and an identification of which schools, if any, are
58-31 persistently dangerous;
58-32 (g) Have the capacity to access financial accountability
58-33 information for each public school, including, without limitation,
58-34 each charter school, for each school district and for this state as a
58-35 whole; and
58-36 (h) Be designed to improve the ability of the Department, school
58-37 districts and the public schools in this state, including, without
58-38 limitation, charter schools, to account for the pupils who are
58-39 enrolled in the public schools, including, without limitation, charter
58-40 schools.
58-41 The information maintained pursuant to paragraphs (c), (d) and
58-42 (e) must not be used for the purpose of evaluating an individual
58-43 teacher or paraprofessional.
58-44 2. The board of trustees of each school district shall:
58-45 (a) Adopt and maintain the program prescribed by the
58-46 Superintendent of Public Instruction pursuant to subsection 3 for
59-1 the collection, maintenance and transfer of data from the records of
59-2 individual pupils to the [statewide] automated system of
59-3 information, including, without limitation, the development of plans
59-4 for the educational technology which is necessary to adopt and
59-5 maintain the program;
59-6 (b) Provide to the Department electronic data concerning pupils
59-7 as required by the Superintendent of Public Instruction pursuant to
59-8 subsection 3; and
59-9 (c) Ensure that an electronic record is maintained in accordance
59-10 with subsection 3 of NRS 386.655.
59-11 3. The Superintendent of Public Instruction shall:
59-12 (a) Prescribe a uniform program throughout this state for the
59-13 collection, maintenance and transfer of data that each school
59-14 district must adopt, which must include standardized software;
59-15 (b) Prescribe the data to be collected and reported to the
59-16 Department by each school district pursuant to subsection 2,
59-17 including, without limitation, data relating to each charter school
59-18 located within a school district regardless of the sponsor of the
59-19 charter school;
59-20 [(b)] (c) Prescribe the format for the data;
59-21 [(c)] (d) Prescribe the date by which each school district shall
59-22 report the data;
59-23 [(d)] (e) Prescribe the date by which each charter school located
59-24 within a school district shall report the data to the school district for
59-25 incorporation into the report of the school district, regardless of the
59-26 sponsor of the charter school;
59-27 [(e)] (f) Prescribe standardized codes for all data elements
59-28 used within the automated system and all exchanges of data within
59-29 the automated system, including, without limitation, data
59-30 concerning:
59-31 (1) Individual pupils;
59-32 (2) Individual teachers and paraprofessionals;
59-33 (3) Individual schools and school districts; and
59-34 (4) Programs and financial information;
59-35 (g) Provide technical assistance to each school district to ensure
59-36 that the data from each public school in the school district,
59-37 including, without limitation, each charter school located within the
59-38 school district, is compatible with the [statewide] automated system
59-39 of information and comparable to the data reported by other school
59-40 districts; and
59-41 [(f)] (h) Provide for the analysis and reporting of the data in the
59-42 [statewide] automated system of information.
59-43 4. The Department shall establish, to the extent authorized by
59-44 the Family Educational Rights and Privacy Act of 1974, 20 U.S.C.
59-45 § 1232g, and any regulations adopted pursuant thereto, a
59-46 mechanism by which persons or entities, including, without
60-1 limitation, state officers who are members of the Executive or
60-2 Legislative Branch, administrators of public schools and school
60-3 districts, teachers and other educational personnel, and parents
60-4 and guardians, will have different types of access to the
60-5 accountability information contained within the automated system
60-6 to the extent that such information is necessary for the
60-7 performance of a duty or to the extent that such information may
60-8 be made available to the general public without posing a threat to
60-9 the confidentiality of an individual pupil.
60-10 5. The Department may, to the extent authorized by the
60-11 Family Educational Rights and Privacy Act of 1974, 20 U.S.C. §
60-12 1232g, and any regulations adopted pursuant thereto, enter into
60-13 an agreement with the University and Community College System
60-14 of Nevada to provide access to data contained within the
60-15 automated system for research purposes.
60-16 Sec. 54. NRS 386.655 is hereby amended to read as follows:
60-17 386.655 1. The Department, the school districts and the
60-18 public schools, including, without limitation, charter schools, shall,
60-19 in operating the [statewide] automated system of information
60-20 established pursuant to NRS 386.650, comply with the provisions
60-21 of:
60-22 (a) For all pupils, the Family Educational Rights and Privacy
60-23 Act, 20 U.S.C. § 1232g, and any regulations adopted pursuant
60-24 thereto; and
60-25 (b) For pupils with disabilities who are enrolled in programs of
60-26 special education, the provisions governing access to education
60-27 records and confidentiality of information prescribed in the
60-28 Individuals with Disabilities Education Act, 20 U.S.C. § 1417(c),
60-29 and the regulations adopted pursuant thereto.
60-30 2. Except as otherwise provided in 20 U.S.C. § 1232g(b) and
60-31 any other applicable federal law, a public school, including, without
60-32 limitation, a charter school, shall not release the education records
60-33 of a pupil to a person or an agency of a federal, state or local
60-34 government without the written consent of the parent or legal
60-35 guardian of the pupil.
60-36 3. In addition to the record required pursuant to 20 U.S.C. §
60-37 1232g(b)(4)(A), each school district shall maintain within the
60-38 [statewide] automated system of information an electronic record of
60-39 all persons and agencies who have requested the education record of
60-40 a pupil or obtained access to the education record of a pupil, or both,
60-41 pursuant to 20 U.S.C. § 1232g. The electronic record must be
60-42 maintained and may only be disclosed in accordance with the
60-43 provisions of 20 U.S.C. § 1232g. A charter school shall provide to
60-44 the school district in which the charter school is located such
60-45 information as is necessary for the school district to carry out the
61-1 provisions of this subsection, regardless of the sponsor of the charter
61-2 school.
61-3 4. The right accorded to a parent or legal guardian of a pupil
61-4 pursuant to subsection 2 devolves upon the pupil on the date on
61-5 which he attains the age of 18 years.
61-6 5. As used in this section, unless the context otherwise
61-7 requires, “education records” has the meaning ascribed to it in 20
61-8 U.S.C. § 1232g(a)(4).
61-9 Sec. 55. NRS 388.405 is hereby amended to read as follows:
61-10 388.405 [1.] The State Board [of Education shall establish]
61-11 shall:
61-12 1. Establish a program to teach the English language to pupils
61-13 [whose:
61-14 (a) Primary language is not English;
61-15 (b) Proficiency in the English language is below the average
61-16 proficiency of pupils at the same age or grade level whose primary
61-17 language is English; and
61-18 (c) Probability of success in a classroom in which courses of
61-19 study are taught only in the English language is impaired because of
61-20 their limited proficiency in the English language.
61-21 2. The State Board of Education shall adopt] who are limited
61-22 English proficient.
61-23 2. Adopt regulations to carry out the program. The regulations
61-24 must prescribe the procedure by which a school district may obtain a
61-25 waiver from the requirements of the program.
61-26 3. Submit all evaluations required pursuant to 20 U.S.C. §§
61-27 6801 et seq. and the regulations adopted pursuant thereto
61-28 regarding the programs for pupils who are limited English
61-29 proficient carried out pursuant to that provision of federal law to
61-30 the:
61-31 (a) Governor;
61-32 (b) Committee;
61-33 (c) Bureau; and
61-34 (d) Board of trustees of each school district.
61-35 Sec. 56. NRS 388.795 is hereby amended to read as follows:
61-36 388.795 1. The Commission shall establish a plan for the use
61-37 of educational technology in the public schools of this state. In
61-38 preparing the plan, the Commission shall consider:
61-39 (a) Plans that have been adopted by the Department and the
61-40 school districts in this state;
61-41 (b) Plans that have been adopted in other states;
61-42 (c) The information submitted to the Commission by the board
61-43 of trustees of each school district pursuant to subsection [2 of NRS
61-44 385.351;] 7 of NRS 385.347; and
61-45 (d) Any other information that the Commission or the
61-46 Committee deems relevant to the preparation of the plan.
62-1 2. The plan established by the Commission must include
62-2 recommendations for methods to:
62-3 (a) Incorporate educational technology into the public schools of
62-4 this state;
62-5 (b) Increase the number of pupils in the public schools of this
62-6 state who have access to educational technology;
62-7 (c) Increase the availability of educational technology to assist
62-8 licensed teachers and other educational personnel in complying with
62-9 the requirements of continuing education, including, but not limited
62-10 to, the receipt of credit for college courses completed through the
62-11 use of educational technology;
62-12 (d) Facilitate the exchange of ideas to improve the achievement
62-13 of pupils who are enrolled in the public schools of this state; and
62-14 (e) Address the needs of teachers in incorporating the use of
62-15 educational technology in the classroom, including, but not limited
62-16 to, the completion of training that is sufficient to enable the teachers
62-17 to instruct pupils in the use of educational technology.
62-18 3. The Department shall provide:
62-19 (a) Administrative support;
62-20 (b) Equipment; and
62-21 (c) Office space,
62-22 as is necessary for the Commission to carry out the provisions of
62-23 this section.
62-24 4. The following entities shall cooperate with the Commission
62-25 in carrying out the provisions of this section:
62-26 (a) The State Board.
62-27 (b) The board of trustees of each school district.
62-28 (c) The superintendent of schools of each school district.
62-29 (d) The Department.
62-30 5. The Commission shall:
62-31 (a) Develop technical standards for educational technology and
62-32 any electrical or structural appurtenances necessary thereto,
62-33 including, without limitation, uniform specifications for computer
62-34 hardware and wiring, to ensure that such technology is compatible,
62-35 uniform and can be interconnected throughout the public schools of
62-36 this state.
62-37 (b) Allocate money to the school districts from the Trust Fund
62-38 for Educational Technology created pursuant to NRS 388.800 and
62-39 any money appropriated by the Legislature for educational
62-40 technology, subject to any priorities for such allocation established
62-41 by the Legislature.
62-42 (c) Establish criteria for the board of trustees of a school district
62-43 that receives an allocation of money from the Commission to:
62-44 (1) Repair, replace and maintain computer systems.
62-45 (2) Upgrade and improve computer hardware and software
62-46 and other educational technology.
63-1 (3) Provide training, installation and technical support related
63-2 to the use of educational technology within the district.
63-3 (d) Submit to the Governor, the Committee and the Department
63-4 its plan for the use of educational technology in the public schools
63-5 of this state and any recommendations for legislation.
63-6 (e) Review the plan annually and make revisions as it deems
63-7 necessary or as directed by the Committee or the Department.
63-8 (f) In addition to the recommendations set forth in the plan
63-9 pursuant to subsection 2, make further recommendations to the
63-10 Committee and the Department as the Commission deems
63-11 necessary.
63-12 6. The Commission may appoint an advisory committee
63-13 composed of members of the Commission or other qualified persons
63-14 to provide recommendations to the Commission regarding standards
63-15 for the establishment, coordination and use of a telecommunications
63-16 network in the public schools throughout the various school districts
63-17 in this state. The advisory committee serves at the pleasure of the
63-18 Commission and without compensation unless an appropriation or
63-19 other money for that purpose is provided by the Legislature.
63-20 7. As used in this section, “public school” includes the Caliente
63-21 Youth Center and the Nevada Youth Training Center.
63-22 Sec. 57. NRS 388.846 is hereby amended to read as follows:
63-23 388.846 1. If the board of trustees of a school district
63-24 provides a program of distance education, the board of trustees shall
63-25 ensure that the persons who operate the program on a day-to-day
63-26 basis comply with and carry out all applicable requirements,
63-27 statutes, regulations, rules and policies of the school district,
63-28 including, without limitation:
63-29 (a) Graduation requirements;
63-30 (b) Accountability of public schools, as set forth in NRS
63-31 385.3455 to 385.391, inclusive[;] ,
63-32 and sections 2 to 40, inclusive, of this act;
63-33 (c) Provisions governing the attendance and truancy of pupils, as
63-34 set forth in NRS 392.040 to 392.220, inclusive; and
63-35 (d) Discipline of pupils.
63-36 2. If the governing body of a charter school provides a program
63-37 of distance education, the governing body shall:
63-38 (a) For each pupil who is enrolled in the program, provide
63-39 written notice to the board of trustees of the school district in which
63-40 the pupil resides of the type of educational services that will be
63-41 provided to the pupil through the program. The written notice must
63-42 be provided to the board of trustees before the pupil receives
63-43 educational services through the program of distance education.
63-44 (b) Ensure that the persons who operate the program on a day-
63-45 to-day basis comply with and carry out all applicable requirements,
64-1 statutes, regulations, rules and policies of the charter school,
64-2 including, without limitation:
64-3 (1) Graduation requirements;
64-4 (2) Accountability of public schools, as set forth in NRS
64-5 385.3455 to 385.391, inclusive[;] , and sections 2 to 40, inclusive,
64-6 of this act;
64-7 (3) Provisions governing the attendance and truancy of
64-8 pupils, as set forth in NRS 392.040 to 392.220, inclusive; and
64-9 (4) Discipline of pupils.
64-10 Sec. 58. NRS 388.862 is hereby amended to read as follows:
64-11 388.862 1. If a pupil is enrolled full time in a program of
64-12 distance education provided by the board of trustees of a school
64-13 district, the board of trustees that provides the program shall declare
64-14 for each such pupil one public school within that school district [to]
64-15 with which the pupil is affiliated. The board of trustees may declare
64-16 that all the pupils enrolled in the program of distance education are
64-17 affiliated with one public school within the school district, or it may
64-18 declare individual public schools for the pupils enrolled in the
64-19 program. Upon the declared affiliation, the pupil shall be deemed
64-20 enrolled in that public school for purposes of all the applicable
64-21 requirements, statutes, regulations, rules and policies of that public
64-22 school and school district, including, without limitation:
64-23 (a) Graduation requirements;
64-24 (b) Accountability of public schools, as set forth in NRS
64-25 385.3455 to 385.391, inclusive[;] ,
64-26 and sections 2 to 40, inclusive, of this act;
64-27 (c) Provisions governing the attendance and truancy of pupils, as
64-28 set forth in NRS 392.040 to 392.220, inclusive; and
64-29 (d) Discipline of pupils.
64-30 2. A pupil who is enrolled full time in a program of distance
64-31 education provided by a charter school shall be deemed enrolled in
64-32 the charter school. All the applicable requirements, including,
64-33 without limitation, statutes, regulations, rules and policies of that
64-34 charter school apply to such a pupil, including, without limitation:
64-35 (a) Graduation requirements;
64-36 (b) Accountability of public schools, as set forth in NRS
64-37 385.3455 to 385.391, inclusive[;] , and sections 2 to 40, inclusive,
64-38 of this act;
64-39 (c) Provisions governing the attendance and truancy of pupils, as
64-40 set forth in NRS 392.040 to 392.220, inclusive; and
64-41 (d) Discipline of pupils.
64-42 3. If a pupil is enrolled part time in a program of distance
64-43 education, all the applicable requirements, statutes, regulations,
64-44 rules and policies of the public school of the school district in which
64-45 the pupil is otherwise enrolled or the charter school in which the
65-1 pupil is otherwise enrolled apply to such a pupil, including, without
65-2 limitation:
65-3 (a) Graduation requirements;
65-4 (b) Accountability of public schools, as set forth in NRS
65-5 385.3455 to 385.391, inclusive[;] ,
65-6 and sections 2 to 40, inclusive, of this act;
65-7 (c) Provisions governing the attendance and truancy of pupils, as
65-8 set forth in NRS 392.040 to 392.220, inclusive; and
65-9 (d) Discipline of pupils.
65-10 Sec. 59. Chapter 389 of NRS is hereby amended by adding
65-11 thereto the provisions set forth as sections 60 and 61 of this act.
65-12 Sec. 60. 1. The board of trustees of each school district and
65-13 the governing body of each charter school shall ensure that each
65-14 pupil who is limited English proficient and is enrolled in the
65-15 school district or charter school, as applicable, participates in the
65-16 achievement and proficiency examinations administered pursuant
65-17 to this chapter. The State Board shall prescribe reasonable
65-18 modifications and accommodations that must be used in the
65-19 administration of an examination to a pupil who is limited English
65-20 proficient and who is unable to take an examination under regular
65-21 testing conditions. The results of each pupil who is limited English
65-22 proficient and who takes an examination with modifications and
65-23 accommodations must be reported and included within the
65-24 determination of whether the school and the school district have
65-25 made adequate yearly progress.
65-26 2. The board of trustees of a school district and the governing
65-27 body of a charter school shall administer to a pupil who is limited
65-28 English proficient:
65-29 (a) To the extent practicable, examinations in mathematics
65-30 and science required by subsection 1 in the language most likely to
65-31 yield accurate and reliable information on what the pupil knows.
65-32 (b) To the extent practicable, examinations in reading required
65-33 by subsection 1 in the language most likely to yield accurate and
65-34 reliable information on what the pupil knows if the pupil has
65-35 attended public schools in the United States for less than 3
65-36 consecutive years.
65-37 (c) If the pupil has attended public schools in the United States
65-38 for 3 consecutive years but less than 5 consecutive years:
65-39 (1) Examinations in reading required by subsection 1 in the
65-40 English language; or
65-41 (2) Examinations in reading required by subsection 1 in the
65-42 language most likely to yield accurate and reliable information on
65-43 what the pupil knows if the board of trustees or the governing
65-44 body, as applicable, determines that the pupil has not reached a
65-45 level of English proficiency sufficient to yield valid and reliable
65-46 information on what the pupil knows. The board of trustees or the
66-1 governing body of a charter school, as applicable, may grant
66-2 exceptions for a particular pupil pursuant to this subparagraph,
66-3 on a case-by-case basis, for a period not longer than 2 consecutive
66-4 years.
66-5 (d) If the pupil has attended public schools in the United States
66-6 for 5 consecutive years or more, examinations in reading required
66-7 by subsection 1 in the English language.
66-8 3. The State Board shall prescribe an assessment of
66-9 proficiency in the English language for pupils who are limited
66-10 English proficient to measure oral language skills, comprehension
66-11 skills, reading skills and writing skills. The board of trustees of
66-12 each school district and the governing body of each charter school
66-13 shall administer the assessment annually at the time prescribed by
66-14 the State Board. A pupil who takes the assessment prescribed
66-15 pursuant to this subsection is not exempt from the achievement
66-16 and proficiency examinations administered pursuant to this
66-17 chapter.
66-18 Sec. 61. 1. If a pupil with a disability is unable to take an
66-19 examination administered pursuant to NRS 389.015 or 389.550
66-20 under regular testing conditions, the pupil may take the
66-21 examination with modifications and accommodations that the
66-22 pupil’s individualized education program team determines, in
66-23 consultation with the Department and in accordance with the
66-24 Individuals with Disabilities Education Act, 20 U.S.C. §§ 1400 et
66-25 seq., and the No Child Left Behind Act of 2001, 20 U.S.C. §§ 6301
66-26 et seq., are necessary to measure the progress of the pupil. If
66-27 modifications or accommodations are made in the administration
66-28 of an examination for a pupil with a disability, the modifications
66-29 or accommodations must be set forth in the pupil’s individualized
66-30 education program. The results of each pupil with a disability who
66-31 takes an examination with modifications or accommodations must
66-32 be reported and must be included in the determination of whether
66-33 the school and the school district have made adequate yearly
66-34 progress.
66-35 2. The State Board shall prescribe an alternate examination
66-36 for administration to a pupil with a disability if the pupil’s
66-37 individualized education program team determines, in
66-38 consultation with the Department, that the pupil cannot
66-39 participate in all or a portion of an examination administered
66-40 pursuant to NRS 389.015 or 389.550 even with modifications and
66-41 accommodations.
66-42 3. The State Board shall prescribe, in accordance with the
66-43 Individuals with Disabilities Education Act, 20 U.S.C. §§ 1400 et
66-44 seq., and the No Child Left Behind Act of 2001, 20 U.S.C. §§ 6301
66-45 et seq., the modifications and accommodations that must be used
66-46 in the administration of an examination to a pupil with a disability
67-1 who is unable to take the examination under regular testing
67-2 conditions.
67-3 4. As used in this section:
67-4 (a) “Individualized education program” has the meaning
67-5 ascribed to it in 20 U.S.C. § 1414(d)(1)(A).
67-6 (b) “Individualized education program team” has the meaning
67-7 ascribed to it in 20 U.S.C. § 1414(d)(1)(B).
67-8 Sec. 62. NRS 389.012 is hereby amended to read as follows:
67-9 389.012 The State Board shall:
67-10 1. In accordance with guidelines established by the National
67-11 Assessment Governing Board and National Center for Education
67-12 Statistics[,] and in accordance with 20 U.S.C. §§ 6301 et seq. and
67-13 the regulations adopted pursuant thereto, adopt regulations
67-14 requiring the schools of this state that are selected by the National
67-15 Assessment Governing Board or the National Center for Education
67-16 Statistics to participate in the examinations of the National
67-17 Assessment of Educational Progress.
67-18 2. Report the results of those examinations to the:
67-19 (a) Governor;
67-20 (b) Board of trustees of each school district of this state;
67-21 (c) Legislative Committee on Education created pursuant to
67-22 NRS 218.5352; and
67-23 (d) Legislative Bureau of Educational Accountability and
67-24 Program Evaluation created pursuant to NRS 218.5356.
67-25 3. The report required pursuant to subsection 2 must include
67-26 an analysis and comparison of the results of pupils in this state on
67-27 the examinations required by this section with:
67-28 (a) The results of pupils throughout this country who
67-29 participated in the examinations of the National Assessment of
67-30 Educational Progress; and
67-31 (b) The results of pupils on the achievement and proficiency
67-32 examinations administered pursuant to this chapter.
67-33 Sec. 63. NRS 389.015 is hereby amended to read as follows:
67-34 389.015 1. The board of trustees of each school district shall
67-35 administer examinations in all public schools of the school district.
67-36 The governing body of a charter school shall administer the same
67-37 examinations in the charter school. The examinations administered
67-38 by the board of trustees and governing body must determine the
67-39 achievement and proficiency of pupils in:
67-40 (a) Reading;
67-41 (b) [Writing;
67-42 (c)] Mathematics; and
67-43 [(d) Science.]
67-44 (c) Except as otherwise provided in subsection 6, science.
67-45 2. The examinations required by subsection 1 must be:
68-1 (a) Administered before the completion of grades 4, [8,] 7, 10
68-2 and 11.
68-3 (b) Administered in each school district and each charter school
68-4 at the same time. The time for the administration of the
68-5 examinations must be prescribed by the State Board.
68-6 (c) Administered in each school in accordance with uniform
68-7 procedures adopted by the State Board. The Department shall
68-8 monitor the compliance of school districts and individual schools
68-9 with the uniform procedures.
68-10 (d) Administered in each school in accordance with the plan
68-11 adopted pursuant to NRS 389.616 by the Department and with the
68-12 plan adopted pursuant to NRS 389.620 by the board of trustees of
68-13 the school district in which the examinations are administered. The
68-14 Department shall monitor the compliance of school districts and
68-15 individual schools with:
68-16 (1) The plan adopted by the Department; and
68-17 (2) The plan adopted by the board of trustees of the
68-18 applicable school district, to the extent that the plan adopted by the
68-19 board of trustees of the school district is consistent with the plan
68-20 adopted by the Department.
68-21 (e) Scored by [the Department or] a single private entity that has
68-22 contracted with the State Board to score the examinations. [If a]The
68-23 private entity that scores the examinations [, it] shall report the
68-24 results of the examinations in the form and by the date required by
68-25 the Department.
68-26 3. Not more than 14 working days after the results of the
68-27 examinations are reported to the Department by a private entity that
68-28 scored the examinations ,[or the Department completes the scoring
68-29 of the examinations,] the Superintendent of Public Instruction shall
68-30 certify that the results of the examinations have been transmitted to
68-31 each school district and each charter school. Not more than 10
68-32 working days after a school district receives the results of the
68-33 examinations, the superintendent of schools of each school district
68-34 shall certify that the results of the examinations have been
68-35 transmitted to each school within the school district. Except as
68-36 otherwise provided in this subsection, not more than 15 working
68-37 days after each school receives the results of the examinations, the
68-38 principal of each school and the governing body of each charter
68-39 school shall certify that the results for each pupil have been
68-40 provided to the parent or legal guardian of the pupil:
68-41 (a) During a conference between the teacher of the pupil or
68-42 administrator of the school and the parent or legal guardian of the
68-43 pupil; or
68-44 (b) By mailing the results of the examinations to the last known
68-45 address of the parent or legal guardian of the pupil.
69-1 If a pupil fails the high school proficiency examination, the school
69-2 shall notify the pupil and the parents or legal guardian of the pupil
69-3 as soon as practicable but not later than 15 working days after the
69-4 school receives the results of the examination.
69-5 4. [Different standards of proficiency may be adopted for
69-6 pupils with diagnosed learning disabilities. If a pupil with a
69-7 disability is unable to take an examination created by a private entity
69-8 under regular testing conditions or with modifications and
69-9 accommodations that are approved by the private entity, the pupil
69-10 may take the examination with modifications and accommodations
69-11 that are approved by the State Board pursuant to subsection 8. If a
69-12 pupil with a disability is unable to take an examination created by
69-13 the Department under regular testing conditions or with
69-14 modifications and accommodations that are approved by the
69-15 Department, the pupil may take the examination with modifications
69-16 and accommodations that are approved by the State Board pursuant
69-17 to subsection 8. The results of an examination that is taken under
69-18 conditions that are not approved by a private entity or the
69-19 Department, as applicable, must not be reported pursuant to
69-20 subsection 2 of NRS 389.017. If different standards of proficiency
69-21 are adopted or other modifications or accommodations are made in
69-22 the administration of the examinations for a pupil who is enrolled in
69-23 a program of special education pursuant to NRS 388.440 to
69-24 388.520, inclusive, other than a gifted and talented pupil, the
69-25 different standards adopted or other modifications or
69-26 accommodations must be set forth in the pupil’s program of special
69-27 education developed in accordance with the Individuals with
69-28 Disabilities Education Act, 20 U.S.C. §§ 1400 et seq., and the
69-29 standards prescribed by the State Board. During the administration
69-30 of the high school proficiency examination, a pupil with a disability
69-31 may be given additional time to complete the examination if the
69-32 additional time is a modification or accommodation that is approved
69-33 in the pupil’s program of special education developed in accordance
69-34 with the Individuals with Disabilities Education Act, 20 U.S.C. §§
69-35 1400 et seq.
69-36 5.] If a pupil fails to demonstrate at least adequate achievement
69-37 on the examination administered before the completion of grade 4,
69-38 [8] 7 or 10, he may be promoted to the next higher grade, but the
69-39 results of his examination must be evaluated to determine what
69-40 remedial study is appropriate. If such a pupil is enrolled at a school
69-41 that has [been designated as demonstrating need for improvement
69-42 pursuant to subsection 1 of NRS 385.367,]failed to make adequate
69-43 yearly progress or in which less than 60 percent of the pupils
69-44 enrolled in grade 4, 7 or 10 in the school who took the
69-45 examinations administered pursuant to this section received an
69-46 average score on those examinations that is at least equal to the
70-1 26th percentile of the national reference group of pupils to which
70-2 the examinations were compared, the pupil must, in accordance
70-3 with the requirements set forth in this subsection, complete remedial
70-4 study that is determined to be appropriate for the pupil.
70-5 [6.] 5. If a pupil fails to pass the proficiency examination
70-6 administered before the completion of grade 11, he must not be
70-7 graduated until he is able, through remedial study, to pass the
70-8 proficiency examination, but he may be given a certificate of
70-9 attendance, in place of a diploma, if he has reached the age of 17
70-10 years.
70-11 [7.] 6. The State Board shall prescribe standard examinations
70-12 of achievement and proficiency to be administered pursuant to
70-13 subsection 1. The high school proficiency examination must include
70-14 the subjects of reading and mathematics and, except for the
70-15 writing portion prescribed pursuant to NRS 389.550, must be
70-16 developed, printed and scored by a nationally recognized testing
70-17 company in accordance with the process established by the testing
70-18 company. The examinations on reading, mathematics and science
70-19 prescribed for grades 4, [8] 7 and 10 must be selected from
70-20 examinations created by private entities and administered to a
70-21 national reference group, and must allow for a comparison of the
70-22 achievement and proficiency of pupils in grades 4, [8] 7 and 10 in
70-23 this state to that of a national reference group of pupils in grades 4,
70-24 [8] 7 and 10. The questions contained in the examinations and the
70-25 approved answers used for grading them are confidential, and
70-26 disclosure is unlawful except:
70-27 (a) To the extent necessary for administering and evaluating the
70-28 examinations.
70-29 (b) That a disclosure may be made to a:
70-30 (1) State officer who is a member of the Executive or
70-31 Legislative Branch to the extent that it is necessary for the
70-32 performance of his duties;
70-33 (2) Superintendent of schools of a school district to the
70-34 extent that it is necessary for the performance of his duties;
70-35 (3) Director of curriculum of a school district to the extent
70-36 that it is necessary for the performance of his duties; and
70-37 (4) Director of testing of a school district to the extent that it
70-38 is necessary for the performance of his duties.
70-39 (c) That specific questions and answers may be disclosed if the
70-40 Superintendent of Public Instruction determines that the content of
70-41 the questions and answers is not being used in a current examination
70-42 and making the content available to the public poses no threat to the
70-43 security of the current examination process.
70-44 [8. The State Board shall prescribe, in accordance with the
70-45 Individuals with Disabilities Education Act, 20 U.S.C. §§ 1400 et
70-46 seq., the modifications and accommodations that may be used in the
71-1 administration of an examination to a pupil with a disability who is
71-2 unable to take the examination under regular testing conditions or
71-3 with modifications and accommodations that are approved by the
71-4 private entity that created the examination or, if the Department
71-5 created the examination, by the Department. These regulations may
71-6 include, without limitation, authorizing a pupil to complete an
71-7 examination with additional time.]
71-8 Sec. 64. NRS 389.015 is hereby amended to read as follows:
71-9 389.015 1. The board of trustees of each school district shall
71-10 administer examinations in all public schools of the school district.
71-11 The governing body of a charter school shall administer the same
71-12 examinations in the charter school. The examinations administered
71-13 by the board of trustees and governing body must determine the
71-14 achievement and proficiency of pupils in:
71-15 (a) Reading;
71-16 (b) Mathematics; and
71-17 (c) Except as otherwise provided in subsection 6, science.
71-18 2. The examinations required by subsection 1 must be:
71-19 (a) Administered before the completion of grades 4, 7, 10
71-20 and 11.
71-21 (b) Administered in each school district and each charter school
71-22 at the same time [.] during the spring semester. The time for the
71-23 administration of the examinations must be prescribed by the State
71-24 Board.
71-25 (c) Administered in each school in accordance with uniform
71-26 procedures adopted by the State Board. The Department shall
71-27 monitor the compliance of school districts and individual schools
71-28 with the uniform procedures.
71-29 (d) Administered in each school in accordance with the plan
71-30 adopted pursuant to NRS 389.616 by the Department and with the
71-31 plan adopted pursuant to NRS 389.620 by the board of trustees of
71-32 the school district in which the examinations are administered. The
71-33 Department shall monitor the compliance of school districts and
71-34 individual schools with:
71-35 (1) The plan adopted by the Department; and
71-36 (2) The plan adopted by the board of trustees of the
71-37 applicable school district, to the extent that the plan adopted by the
71-38 board of trustees of the school district is consistent with the plan
71-39 adopted by the Department.
71-40 (e) Scored by a single private entity that has contracted with the
71-41 State Board to score the examinations. The private entity that scores
71-42 the examinations shall report the results of the examinations in the
71-43 form and by the date required by the Department.
71-44 3. Not more than 14 working days after the results of the
71-45 examinations are reported to the Department by a private entity that
71-46 scored the examinations, the Superintendent of Public Instruction
72-1 shall certify that the results of the examinations have been
72-2 transmitted to each school district and each charter school. Not more
72-3 than 10 working days after a school district receives the results of
72-4 the examinations, the superintendent of schools of each school
72-5 district shall certify that the results of the examinations have been
72-6 transmitted to each school within the school district. Except as
72-7 otherwise provided in this subsection, not more than 15 working
72-8 days after each school receives the results of the examinations, the
72-9 principal of each school and the governing body of each charter
72-10 school shall certify that the results for each pupil have been
72-11 provided to the parent or legal guardian of the pupil:
72-12 (a) During a conference between the teacher of the pupil or
72-13 administrator of the school and the parent or legal guardian of the
72-14 pupil; or
72-15 (b) By mailing the results of the examinations to the last known
72-16 address of the parent or legal guardian of the pupil.
72-17 If a pupil fails the high school proficiency examination, the school
72-18 shall notify the pupil and the parents or legal guardian of the pupil
72-19 as soon as practicable but not later than 15 working days after the
72-20 school receives the results of the examination.
72-21 4. If a pupil fails to demonstrate at least adequate achievement
72-22 on the examination administered before the completion of grade 4, 7
72-23 or 10, he may be promoted to the next higher grade, but the results
72-24 of his examination must be evaluated to determine what remedial
72-25 study is appropriate. If such a pupil is enrolled at a school that has
72-26 failed to make adequate yearly progress or in which less than 60
72-27 percent of the pupils enrolled in grade 4, 7 or 10 in the school who
72-28 took the examinations administered pursuant to this section received
72-29 an average score on those examinations that is at least equal to the
72-30 26th percentile of the national reference group of pupils to which
72-31 the examinations were compared, the pupil must, in accordance with
72-32 the requirements set forth in this subsection, complete remedial
72-33 study that is determined to be appropriate for the pupil.
72-34 5. If a pupil fails to pass the proficiency examination
72-35 administered before the completion of grade 11, he must not be
72-36 graduated until he is able, through remedial study, to pass the
72-37 proficiency examination, but he may be given a certificate of
72-38 attendance, in place of a diploma, if he has reached the age of 17
72-39 years.
72-40 6. The State Board shall prescribe standard examinations of
72-41 achievement and proficiency to be administered pursuant to
72-42 subsection 1. The high school proficiency examination must include
72-43 the subjects of reading and mathematics and, except for the writing
72-44 portion prescribed pursuant to NRS 389.550, must be developed,
72-45 printed and scored by a nationally recognized testing company in
72-46 accordance with the process established by the testing company.
73-1 The examinations on reading, mathematics and science prescribed
73-2 for grades 4, 7 and 10 must be selected from examinations created
73-3 by private entities and administered to a national reference group,
73-4 and must allow for a comparison of the achievement and proficiency
73-5 of pupils in grades 4, 7 and 10 in this state to that of a national
73-6 reference group of pupils in grades 4, 7 and 10. The questions
73-7 contained in the examinations and the approved answers used for
73-8 grading them are confidential, and disclosure is unlawful except:
73-9 (a) To the extent necessary for administering and evaluating the
73-10 examinations.
73-11 (b) That a disclosure may be made to a:
73-12 (1) State officer who is a member of the executive or
73-13 legislative branch to the extent that it is necessary for the
73-14 performance of his duties;
73-15 (2) Superintendent of schools of a school district to the
73-16 extent that it is necessary for the performance of his duties;
73-17 (3) Director of curriculum of a school district to the extent
73-18 that it is necessary for the performance of his duties; and
73-19 (4) Director of testing of a school district to the extent that it
73-20 is necessary for the performance of his duties.
73-21 (c) That specific questions and answers may be disclosed if the
73-22 superintendent of public instruction determines that the content of
73-23 the questions and answers is not being used in a current examination
73-24 and making the content available to the public poses no threat to the
73-25 security of the current examination process.
73-26 Sec. 65. NRS 389.015 is hereby amended to read as follows:
73-27 389.015 1. The board of trustees of each school district shall
73-28 administer examinations in all public schools of the school district.
73-29 The governing body of a charter school shall administer the same
73-30 examinations in the charter school. The examinations administered
73-31 by the board of trustees and governing body must determine the
73-32 achievement and proficiency of pupils in:
73-33 (a) Reading;
73-34 (b) Mathematics; and
73-35 (c) [Except as otherwise provided in subsection 6, science.]
73-36 Science.
73-37 2. The examinations required by subsection 1 must be:
73-38 (a) Administered before the completion of grades 4, 7, 10
73-39 and 11.
73-40 (b) Administered in each school district and each charter school
73-41 at the same time during the spring semester. The time for the
73-42 administration of the examinations must be prescribed by the State
73-43 Board.
73-44 (c) Administered in each school in accordance with uniform
73-45 procedures adopted by the State Board. The Department shall
74-1 monitor the compliance of school districts and individual schools
74-2 with the uniform procedures.
74-3 (d) Administered in each school in accordance with the plan
74-4 adopted pursuant to NRS 389.616 by the Department and with the
74-5 plan adopted pursuant to NRS 389.620 by the board of trustees of
74-6 the school district in which the examinations are administered. The
74-7 Department shall monitor the compliance of school districts and
74-8 individual schools with:
74-9 (1) The plan adopted by the Department; and
74-10 (2) The plan adopted by the board of trustees of the
74-11 applicable school district, to the extent that the plan adopted by the
74-12 board of trustees of the school district is consistent with the plan
74-13 adopted by the Department.
74-14 (e) Scored by a single private entity that has contracted with the
74-15 State Board to score the examinations. The private entity that scores
74-16 the examinations shall report the results of the examinations in the
74-17 form and by the date required by the Department.
74-18 3. Not more than 14 working days after the results of the
74-19 examinations are reported to the Department by a private entity that
74-20 scored the examinations, the Superintendent of Public Instruction
74-21 shall certify that the results of the examinations have been
74-22 transmitted to each school district and each charter school. Not more
74-23 than 10 working days after a school district receives the results of
74-24 the examinations, the superintendent of schools of each school
74-25 district shall certify that the results of the examinations have been
74-26 transmitted to each school within the school district. Except as
74-27 otherwise provided in this subsection, not more than 15 working
74-28 days after each school receives the results of the examinations, the
74-29 principal of each school and the governing body of each charter
74-30 school shall certify that the results for each pupil have been
74-31 provided to the parent or legal guardian of the pupil:
74-32 (a) During a conference between the teacher of the pupil or
74-33 administrator of the school and the parent or legal guardian of the
74-34 pupil; or
74-35 (b) By mailing the results of the examinations to the last known
74-36 address of the parent or legal guardian of the pupil.
74-37 If a pupil fails the high school proficiency examination, the school
74-38 shall notify the pupil and the parents or legal guardian of the pupil
74-39 as soon as practicable but not later than 15 working days after the
74-40 school receives the results of the examination.
74-41 4. If a pupil fails to demonstrate at least adequate achievement
74-42 on the examination administered before the completion of grade 4, 7
74-43 or 10, he may be promoted to the next higher grade, but the results
74-44 of his examination must be evaluated to determine what remedial
74-45 study is appropriate. If such a pupil is enrolled at a school that has
74-46 failed to make adequate yearly progress or in which less than 60
75-1 percent of the pupils enrolled in grade 4, 7 or 10 in the school who
75-2 took the examinations administered pursuant to this section received
75-3 an average score on those examinations that is at least equal to the
75-4 26th percentile of the national reference group of pupils to which
75-5 the examinations were compared, the pupil must, in accordance with
75-6 the requirements set forth in this subsection, complete remedial
75-7 study that is determined to be appropriate for the pupil.
75-8 5. If a pupil fails to pass the proficiency examination
75-9 administered before the completion of grade 11, he must not be
75-10 graduated until he is able, through remedial study, to pass the
75-11 proficiency examination, but he may be given a certificate of
75-12 attendance, in place of a diploma, if he has reached the age of 17
75-13 years.
75-14 6. The State Board shall prescribe standard examinations of
75-15 achievement and proficiency to be administered pursuant to
75-16 subsection 1. The high school proficiency examination must include
75-17 the subjects of reading , [and] mathematics and science and, except
75-18 for the writing portion prescribed pursuant to NRS 389.550, must be
75-19 developed, printed and scored by a nationally recognized testing
75-20 company in accordance with the process established by the testing
75-21 company. The examinations on reading, mathematics and science
75-22 prescribed for grades 4, 7 and 10 must be selected from
75-23 examinations created by private entities and administered to a
75-24 national reference group, and must allow for a comparison of the
75-25 achievement and proficiency of pupils in grades 4, 7 and 10 in this
75-26 state to that of a national reference group of pupils in grades 4, 7 and
75-27 10. The questions contained in the examinations and the approved
75-28 answers used for grading them are confidential, and disclosure is
75-29 unlawful except:
75-30 (a) To the extent necessary for administering and evaluating the
75-31 examinations.
75-32 (b) That a disclosure may be made to a:
75-33 (1) State officer who is a member of the executive or
75-34 legislative branch to the extent that it is necessary for the
75-35 performance of his duties;
75-36 (2) Superintendent of schools of a school district to the
75-37 extent that it is necessary for the performance of his duties;
75-38 (3) Director of curriculum of a school district to the extent
75-39 that it is necessary for the performance of his duties; and
75-40 (4) Director of testing of a school district to the extent that it
75-41 is necessary for the performance of his duties.
75-42 (c) That specific questions and answers may be disclosed if the
75-43 superintendent of public instruction determines that the content of
75-44 the questions and answers is not being used in a current examination
75-45 and making the content available to the public poses no threat to the
75-46 security of the current examination process.
76-1 Sec. 66. NRS 389.017 is hereby amended to read as follows:
76-2 389.017 1. The State Board shall adopt regulations requiring
76-3 that each board of trustees of a school district and each governing
76-4 body of a charter school submit to the Superintendent of Public
76-5 Instruction and the Department, in the form and manner prescribed
76-6 by the Superintendent, the results of achievement and proficiency
76-7 examinations [given in the 4th, 8th, 10th and 11th grades]
76-8 administered pursuant to NRS 389.015 to public school pupils of
76-9 the district and charter schools. The State Board shall not include in
76-10 the regulations any provision which would violate the
76-11 confidentiality of the test scores of any individual pupil.
76-12 2. The results of examinations must be reported for each
76-13 school, including, without limitation, each charter school, school
76-14 district and this state, as follows:
76-15 (a) The average score, as defined by the Department, of pupils
76-16 who took the examinations under regular testing conditions; and
76-17 (b) The average score, as defined by the Department, of pupils
76-18 who took the examinations with modifications or accommodations ,
76-19 [approved by the private entity that created the examination or, if
76-20 the Department created the examination, the Department,] if such
76-21 reporting does not violate the confidentiality of the test scores of any
76-22 individual pupil.
76-23 3. [The Department shall adopt regulations prescribing the
76-24 requirements for reporting the scores of pupils who:
76-25 (a) Took the examinations under conditions that were not
76-26 approved by the private entity that created the examination or, if the
76-27 Department created the examination, by the Department;
76-28 (b) Are enrolled in special schools for children with disabilities;
76-29 (c) Are enrolled in an alternative program for the education of
76-30 pupils at risk of dropping out of high school, including, without
76-31 limitation, a program of distance education that is provided to pupils
76-32 who are at risk of dropping out of high school pursuant to NRS
76-33 388.820 to 388.874, inclusive; or
76-34 (d) Are detained in a:
76-35 (1) Youth training center;
76-36 (2) Youth center;