Senate Bill No. 191–Committee on Finance
(On
Behalf of the Legislative Committee on
Education (NRS 218.5352))
February 21, 2003
____________
Referred to Committee on Finance
SUMMARY—Makes various changes governing education to facilitate implementation of federal No Child Left Behind Act of 2001. (BDR 34‑635)
FISCAL NOTE: Effect on Local Government: Yes.
Effect on the State: Contains Appropriation not included in Executive Budget.
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EXPLANATION
– Matter in bolded italics is new; matter
between brackets [omitted material] is material to be omitted.
Green numbers along left margin indicate location on the printed bill (e.g., 5-15 indicates page 5, line 15).
AN ACT relating to education; requiring the State Board of Education to define the measurement for determining whether this state, each school district and each public school has made adequate yearly progress in accordance with the federal No Child Left Behind Act of 2001; requiring the State Board to prepare an annual report of accountability; requiring the State Board, each school district and each public school to develop a plan to improve the achievement of pupils; revising provisions governing the designations of public schools; requiring the Department of Education to designate school districts based upon the achievement of pupils enrolled in the school district; prescribing the consequences for public schools and school districts that are designated as demonstrating need for improvement; revising provisions governing accountability and reporting; revising provisions governing the examinations that are administered to pupils in public schools; 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; repealing certain provisions related to the current system of accountability and the requirement that school districts purchase retirement credit for certain teachers; and providing other matters properly relating thereto.
Whereas, In 1997, the Nevada Legislature adopted the Nevada Education Reform Act which set forth a sound structure of accountability for the public schools in the State of Nevada; and
Whereas, Since the enactment of the Nevada Education Reform Act of 1997, this state has implemented sweeping reforms to its system of public education, including, without limitation, the adoption of rigorous academic standards of content and performance that demand a high level of quality and performance by pupils and the provision of professional development for teachers and administrators to help pupils meet the challenging new standards; and
Whereas, On January 8, 2002, the President of the United States signed into law the No Child Left Behind Act of 2001, which contained sweeping changes to the Elementary and Secondary Education Act of 1965; and
Whereas, The No Child Left Behind Act requires each state to have a single, statewide system of accountability applicable to all pupils, challenging academic content standards and periodic examinations on those challenging academic standards so that all children, including, without limitation, children with disabilities, children who are limited English proficient, children who are economically disadvantaged and children from major racial and ethnic groups will meet or exceed, not later than 2014, the minimum level of proficiency on the examinations; and
Whereas, Although certain provisions of the No Child Left Behind Act pertain only to those school districts and public schools, including, without limitation, charter schools, receiving money pursuant to that federal law, the Nevada Legislature acknowledges that by applying some of those provisions statewide to all school districts and all public schools, including, without limitation, charter schools, Nevada’s system of accountability will be further strengthened; and
Whereas, While the Nevada Education Reform Act of 1997 made a significant contribution toward accomplishing the system of
accountability required by the No Child Left Behind Act of 2001, the Nevada Legislature recognizes that there is a need for further reform to ensure that the State of Nevada fully complies with the No Child Left Behind Act; and
Whereas, The Nevada Education Reform Act of 1997 provides a sound cornerstone from which to launch a new era of accountability in this state; now, therefore,
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
1-1 Section 1. Chapter 385 of NRS is hereby amended by adding
1-2 thereto the provisions set forth as sections 2 to 37, inclusive, of this
1-3 act.
1-4 Sec. 2. “Title I school” means a public school that receives
1-5 money pursuant to the No Child Left Behind Act of 2001, 20
1-6 U.S.C. §§ 6301 et seq., and is obligated to comply with the
1-7 provisions of that federal law.
1-8 Sec. 3. “Title I school district” means a school district that
1-9 receives money pursuant to the No Child Left Behind Act of 2001,
1-10 20 U.S.C. §§ 6301 et seq., and is obligated to comply with the
1-11 provisions of that federal law.
1-12 Sec. 3.5. The provisions of sections 2 to 37, 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
1-17 agreements, memoranda of understanding or other such
1-18 agreements between employees and their employers.
1-19 Sec. 4. 1. The State Board shall define the measurement
1-20 for determining whether each public school, each school district
1-21 and this state are making adequate yearly progress. The definition
1-22 of adequate yearly progress must:
1-23 (a) Comply with 20 U.S.C. § 6311(b)(2) and the regulations
1-24 adopted pursuant thereto;
1-25 (b) Be designed to ensure that all pupils will meet or exceed
1-26 the minimum level of proficiency set by the State Board, including,
1-27 without limitation:
1-28 (1) Pupils who are economically disadvantaged, as defined
1-29 by the State Board;
1-30 (2) Pupils from major racial and ethnic groups, as defined
1-31 by the State Board;
1-32 (3) Pupils with disabilities; and
1-33 (4) Pupils who are limited English proficient;
2-1 (c) Be based primarily upon the measurement of progress of
2-2 pupils on the examinations administered pursuant to NRS 389.550
2-3 or the high school proficiency examination, as applicable;
2-4 (d) Include annual measurable objectives established pursuant
2-5 to 20 U.S.C. § 6311(b)(2)(G) and the regulations adopted pursuant
2-6 thereto;
2-7 (e) For high schools, include the rate of graduation; and
2-8 (f) For elementary schools, junior high schools and middle
2-9 schools, include the rate of attendance.
2-10 2. The examination in science must not be included in the
2-11 definition of adequate yearly progress.
2-12 Sec. 4.5. The State Board shall adopt regulations that
2-13 prescribe the criteria to be used for designating:
2-14 1. Public schools that do not satisfy the criteria for
2-15 demonstrating adequate achievement or need for improvement:
2-16 (a) As demonstrating exemplary achievement.
2-17 (b) As demonstrating high achievement.
2-18 2. School districts that do not satisfy the criteria for
2-19 demonstrating adequate achievement or need for improvement:
2-20 (a) As demonstrating exemplary achievement.
2-21 (b) As demonstrating high achievement.
2-22 Sec. 5. 1. The State Board shall adopt regulations that
2-23 prescribe, consistent with 20 U.S.C. §§ 6301 et seq. and the
2-24 regulations adopted pursuant thereto, the manner in which pupils
2-25 enrolled in:
2-26 (a) A program of distance education pursuant to NRS 388.820
2-27 to 388.874, inclusive;
2-28 (b) An alternative program for the education of pupils at risk
2-29 of dropping out of high school; or
2-30 (c) A program of education that:
2-31 (1) Primarily serves pupils with disabilities; or
2-32 (2) Is operated within a:
2-33 (I) Youth training center;
2-34 (II) Youth center;
2-35 (III) Juvenile forestry camp;
2-36 (IV) Detention home;
2-37 (V) Youth camp;
2-38 (VI) Juvenile correctional institution; or
2-39 (VII) Correctional institution,
2-40 will be included within the statewide system of accountability set
2-41 forth in sections 2 to 37, inclusive, of this act.
2-42 2. The regulations adopted pursuant to subsection 1 must
2-43 also set forth the manner in which:
2-44 (a) The progress of pupils enrolled in a program of distance
2-45 education, an alternative program or a program of education
3-1 described in subsection 1 will be accounted for within the
3-2 statewide system of accountability; and
3-3 (b) The results of pupils enrolled in a program of distance
3-4 education, an alternative program or a program of education
3-5 described in subsection 1 on the examinations administered
3-6 pursuant to NRS 389.015 and 389.550 will be reported.
3-7 Sec. 6. 1. The State Board shall prepare an annual report
3-8 of accountability that includes, without limitation:
3-9 (a) Information on the achievement of all pupils based upon
3-10 the results of the examinations administered pursuant to NRS
3-11 389.015 and 389.550, reported for each school district, including,
3-12 without limitation, each charter school in the district, and for this
3-13 state as a whole.
3-14 (b) Except as otherwise provided in subsection 2, pupil
3-15 achievement, reported separately by gender and reported
3-16 separately for the following subgroups of pupils:
3-17 (1) Pupils who are economically disadvantaged, as defined
3-18 by the State Board;
3-19 (2) Pupils from major racial and ethnic groups, as defined
3-20 by the State Board;
3-21 (3) Pupils with disabilities;
3-22 (4) Pupils who are limited English proficient; and
3-23 (5) Pupils who are migratory children, as defined by the
3-24 State Board.
3-25 (c) A comparison of the achievement of pupils in each
3-26 subgroup identified in paragraph (b) of subsection 1 of section 4
3-27 of this act with the annual measurable objectives of the State
3-28 Board.
3-29 (d) The percentage of all pupils who were not tested, reported
3-30 for each school district, including, without limitation, each charter
3-31 school in the district, and for this state as a whole.
3-32 (e) Except as otherwise provided in subsection 2, the
3-33 percentage of pupils who were not tested, reported separately by
3-34 gender and reported separately for the subgroups identified in
3-35 paragraph (b).
3-36 (f) The most recent 3-year trend in the achievement of pupils
3-37 in each subject area tested and each grade level tested pursuant to
3-38 NRS 389.015 and 389.550, reported for each school district,
3-39 including, without limitation, each charter school in the district,
3-40 and for this state as a whole, which may include information
3-41 regarding the trend in the achievement of pupils for more than 3
3-42 years, if such information is available.
3-43 (g) Information on whether each school district has made
3-44 adequate yearly progress, including, without limitation, the name
3-45 of each school district, if any, designated as demonstrating need
4-1 for improvement pursuant to section 32 of this act and the number
4-2 of consecutive years that the school district has carried that
4-3 designation.
4-4 (h) Information on whether each public school, including,
4-5 without limitation, each charter school, has made adequate yearly
4-6 progress, including, without limitation, the name of each public
4-7 school, if any, designated as demonstrating need for improvement
4-8 pursuant to section 14 of this act and the number of consecutive
4-9 years that the school has carried that designation.
4-10 (i) Information on the results of pupils who participated in the
4-11 examinations of the National Assessment of Educational Progress
4-12 required pursuant to NRS 389.012.
4-13 (j) The ratio of pupils to teachers in kindergarten and at each
4-14 grade level for all elementary schools, reported for each school
4-15 district, including, without limitation, each charter school in the
4-16 district, and for this state as a whole, and the average class size for
4-17 each core academic subject, as set forth in NRS 389.018, for each
4-18 secondary school, reported for each school district and for this
4-19 state as a whole.
4-20 (k) For each school district, including, without limitation, each
4-21 charter school in the district, and for this state as a whole,
4-22 information on the professional qualifications of teachers
4-23 employed by the school districts and charter schools, including,
4-24 without limitation:
4-25 (1) The percentage of teachers who are:
4-26 (I) Providing instruction pursuant to NRS 391.125;
4-27 (II) Providing instruction pursuant to a waiver of the
4-28 requirements for licensure for the grade level or subject area in
4-29 which the teachers are employed; or
4-30 (III) Otherwise providing instruction without an
4-31 endorsement for the subject area in which the teachers are
4-32 employed;
4-33 (2) The percentage of classes in the core academic subjects,
4-34 as set forth in NRS 389.018, in this state that are not taught by
4-35 highly qualified teachers; and
4-36 (3) The percentage of classes in the core academic subjects,
4-37 as set forth in NRS 389.018, in this state that are not taught by
4-38 highly qualified teachers, in the aggregate and disaggregated by
4-39 high-poverty compared to low-poverty schools, which for the
4-40 purposes of this subparagraph, means schools in the top quartile
4-41 of poverty and the bottom quartile of poverty in this state.
4-42 (l) The total expenditure per pupil for each school district in
4-43 this state, including, without limitation, each charter school in the
4-44 district. If this state has a financial analysis program that is
4-45 designed to track educational expenditures and revenues to
5-1 individual schools, the State Board shall use that statewide
5-2 program in complying with this paragraph. If a statewide program
5-3 is not available, the State Board shall use the Department’s own
5-4 financial analysis program in complying with this paragraph.
5-5 (m) The total statewide expenditure per pupil. If this state has
5-6 a financial analysis program that is designed to track educational
5-7 expenditures and revenues to individual schools, the State Board
5-8 shall use that statewide program in complying with this
5-9 paragraph. If a statewide program is not available, the State Board
5-10 shall use the Department’s own financial analysis program in
5-11 complying with this paragraph.
5-12 (n) For all elementary schools, junior high schools and middle
5-13 schools, the rate of attendance, reported for each school district,
5-14 including, without limitation, each charter school in the district,
5-15 and for this state as a whole.
5-16 (o) The annual rate of pupils who drop out of school in grades
5-17 9 to 12, inclusive, reported for each school district, including,
5-18 without limitation, each charter school in the district, and for this
5-19 state as a whole, excluding pupils who:
5-20 (1) Provide proof to the school district of successful
5-21 completion of the examinations of general educational
5-22 development.
5-23 (2) Are enrolled in courses that are approved by the
5-24 Department as meeting the requirements for an adult standard
5-25 diploma.
5-26 (3) Withdraw from school to attend another school.
5-27 (p) The attendance of teachers who provide instruction,
5-28 reported for each school district, including, without limitation,
5-29 each charter school in the district, and for this state as a whole.
5-30 (q) Incidents involving weapons or violence, reported for each
5-31 school district, including, without limitation, each charter school
5-32 in the district, and for this state as a whole.
5-33 (r) Incidents involving the use or possession of alcoholic
5-34 beverages or controlled substances, reported for each school
5-35 district, including, without limitation, each charter school in the
5-36 district, and for this state as a whole.
5-37 (s) The suspension and expulsion of pupils required or
5-38 authorized pursuant to NRS 392.466 and 392.467, reported for
5-39 each school district, including, without limitation, each charter
5-40 school in the district, and for this state as a whole.
5-41 (t) The number of pupils who are deemed habitual disciplinary
5-42 problems pursuant to NRS 392.4655, reported for each school
5-43 district, including, without limitation, each charter school in the
5-44 district, and for this state as a whole.
6-1 (u) The number of pupils in each grade who are retained in
6-2 the same grade pursuant to NRS 392.033 or 392.125, reported for
6-3 each school district, including, without limitation, each charter
6-4 school in the district, and for this state as a whole.
6-5 (v) The transiency rate of pupils, reported for each school
6-6 district, including, without limitation, each charter school in the
6-7 district, and for this state as a whole. For the purposes of this
6-8 paragraph, a pupil is not a transient if he is transferred to a
6-9 different school within the school district as a result of a change in
6-10 the zone of attendance by the board of trustees of the school
6-11 district pursuant to NRS 388.040.
6-12 (w) Each source of funding for this state to be used for the
6-13 system of public education.
6-14 (x) The amount and sources of money received by this state for
6-15 remedial education.
6-16 (y) The percentage of pupils who graduated from a high
6-17 school or charter school in the immediately preceding year and
6-18 enrolled in remedial courses in reading, writing or mathematics at
6-19 a university or community college within the University and
6-20 Community College System of Nevada, 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 (z) The technological facilities and equipment available for
6-24 educational purposes, reported for each school district, including,
6-25 without limitation, each charter school in the district, and for this
6-26 state as a whole.
6-27 (aa) For each school district, including, without limitation,
6-28 each charter school in the district, and for this state as a whole,
6-29 the number and percentage of pupils who received:
6-30 (1) A standard high school diploma.
6-31 (2) An adjusted diploma.
6-32 (3) A certificate of attendance.
6-33 (bb) The number and percentage of pupils who did not receive
6-34 a high school diploma because the pupils failed to pass the high
6-35 school proficiency examination, reported for each school district,
6-36 including, without limitation, each charter school in the district,
6-37 and for this state as a whole.
6-38 (cc) The number of habitual truants who are reported to a
6-39 school police officer or local law enforcement agency pursuant to
6-40 paragraph (a) of subsection 2 of NRS 392.144 and the number of
6-41 habitual truants who are referred to an advisory board to review
6-42 school attendance pursuant to paragraph (b) of subsection 2 of
6-43 NRS 392.144, reported for each school district, including, without
6-44 limitation, each charter school in the district, and for this state as
6-45 a whole.
7-1 (dd) Information on the paraprofessionals employed at public
7-2 schools in this state, including, without limitation, the charter
7-3 schools in this state. The information must include:
7-4 (1) The number of paraprofessionals employed, reported
7-5 for each school district, including, without limitation, each charter
7-6 school in the district, and for this state as a whole; and
7-7 (2) For each school district, including, without limitation,
7-8 each charter school in the district, and for this state as a whole,
7-9 the number and percentage of all paraprofessionals who do not
7-10 satisfy the qualifications set forth in 20 U.S.C. § 6319(c). The
7-11 reporting requirements of this subparagraph apply to
7-12 paraprofessionals who are employed in programs supported with
7-13 Title I money and to paraprofessionals who are not employed in
7-14 programs supported with Title I money.
7-15 (ee) An identification of appropriations made by the
7-16 Legislature to improve the academic achievement of pupils and
7-17 programs approved by the Legislature to improve the academic
7-18 achievement of pupils.
7-19 2. A separate reporting for a subgroup of pupils must not be
7-20 made pursuant to this section if the number of pupils in that
7-21 subgroup is insufficient to yield statistically reliable information
7-22 or the results would reveal personally identifiable information
7-23 about an individual pupil. The State Board shall prescribe a
7-24 mechanism for determining the minimum number of pupils that
7-25 must be in a subgroup for that subgroup to yield statistically
7-26 reliable information.
7-27 3. The annual report of accountability must:
7-28 (a) Comply with 20 U.S.C. § 6311(h)(1) and the regulations
7-29 adopted pursuant thereto;
7-30 (b) Be prepared in a concise manner; and
7-31 (c) Be presented in an understandable and uniform format
7-32 and, to the extent practicable, provided in a language that parents
7-33 can understand.
7-34 4. On or before September 1 of each year, the State Board
7-35 shall provide for public dissemination of the annual report of
7-36 accountability and submit a copy of the report to the:
7-37 (a) Governor;
7-38 (b) Committee;
7-39 (c) Bureau;
7-40 (d) Board of Regents of the University of Nevada;
7-41 (e) Board of trustees of each school district; and
7-42 (f) Governing body of each charter school.
7-43 5. As used in this section:
7-44 (a) “Highly qualified” has the meaning ascribed to it in 20
7-45 U.S.C. § 7801(23).
8-1 (b) “Paraprofessional” has the meaning ascribed to it in
8-2 section 84 of this act.
8-3 Sec. 7. 1. The State Board shall prepare a plan to improve
8-4 the achievement of pupils enrolled in the public schools in this
8-5 state. The plan:
8-6 (a) Must be prepared in consultation with:
8-7 (1) Employees of the Department;
8-8 (2) At least one employee of a school district in a county
8-9 whose population is 100,000 or more, appointed by the Nevada
8-10 School Boards Association;
8-11 (3) At least one employee of a school district in a county
8-12 whose population is less than 100,000, appointed by the Nevada
8-13 School Boards Association; and
8-14 (4) At least one representative of the Statewide Council for
8-15 the Coordination of the Regional Training Programs created by
8-16 NRS 391.516, appointed by the Council; and
8-17 (b) May be prepared in consultation with:
8-18 (1) Representatives of institutions of higher education;
8-19 (2) Representatives of regional educational laboratories;
8-20 (3) Representatives of outside consultant groups;
8-21 (4) Representatives of the regional training programs for
8-22 the professional development of teachers and administrators
8-23 established pursuant to NRS 391.512;
8-24 (5) The Bureau; and
8-25 (6) Other persons who the State Board determines are
8-26 appropriate.
8-27 2. A plan to improve the achievement of pupils enrolled in
8-28 public schools in this state must include:
8-29 (a) A review and analysis of the data upon which the report
8-30 required pursuant to section 6 of this act is based and a review and
8-31 analysis of any data that is more recent than the data upon which
8-32 the report is based.
8-33 (b) The identification of any problems or factors common
8-34 among the school districts or charter schools in this state, as
8-35 revealed by the review and analysis.
8-36 (c) Strategies based upon scientifically based research, as
8-37 defined in 20 U.S.C. § 7801(37), that will strengthen the core
8-38 academic subjects, as set forth in NRS 389.018.
8-39 (d) Strategies to improve the academic achievement of pupils
8-40 enrolled in public schools in this state, including, without
8-41 limitation, strategies to:
8-42 (1) Instruct pupils who are not achieving to their fullest
8-43 potential;
8-44 (2) Increase the rate of attendance of pupils and reduce the
8-45 number of pupils who drop out of school;
9-1 (3) Integrate technology into the instructional and
9-2 administrative programs of the school districts;
9-3 (4) Manage effectively the discipline of pupils; and
9-4 (5) Enhance the professional development offered for the
9-5 teachers and administrators employed at public schools in this
9-6 state to include the activities set forth in 20 U.S.C. § 7801(34), as
9-7 deemed appropriate by the State Board.
9-8 (e) Strategies designed to provide to the pupils enrolled in
9-9 middle school, junior high school and high school, the teachers
9-10 and counselors who provide instruction to those pupils, and the
9-11 parents and guardians of those pupils information concerning:
9-12 (1) The requirements for admission to an institution of
9-13 higher education and the opportunities for financial aid;
9-14 (2) The availability of millennium scholarships pursuant to
9-15 NRS 396.911 to 396.938, inclusive; and
9-16 (3) The need for a pupil to make informed decisions about
9-17 his curriculum in middle school, junior high school and high
9-18 school in preparation for success after graduation.
9-19 (f) An identification, by category, of the employees of the
9-20 Department who are responsible for ensuring that each provision
9-21 of the plan is carried out effectively.
9-22 (g) For each provision of the plan, a timeline for carrying out
9-23 that provision, including, without limitation, a timeline for
9-24 monitoring whether the provision is carried out effectively.
9-25 (h) For each provision of the plan, measurable criteria for
9-26 determining whether the provision has contributed toward
9-27 improving the academic achievement of pupils, increasing the rate
9-28 of attendance of pupils and reducing the number of pupils who
9-29 drop out of school.
9-30 (i) Strategies to improve the allocation of resources from this
9-31 state, by program and by school district, in a manner that will
9-32 improve the academic achievement of pupils. If this state has a
9-33 financial analysis program that is designed to track educational
9-34 expenditures and revenues to individual schools, the State Board
9-35 shall use that statewide program in complying with this
9-36 paragraph. If a statewide program is not available, the State Board
9-37 shall use the Department’s own financial analysis program in
9-38 complying with this paragraph.
9-39 (j) Based upon the reallocation of resources set forth in
9-40 paragraph (i), the resources available to the State Board and the
9-41 Department to carry out the plan.
9-42 (k) A summary of the effectiveness of appropriations made by
9-43 the Legislature to improve the academic achievement of pupils
9-44 and programs approved by the Legislature to improve the
9-45 academic achievement of pupils.
10-1 3. The State Board shall:
10-2 (a) Review the plan prepared pursuant to this section annually
10-3 to evaluate the effectiveness of the plan; and
10-4 (b) Based upon the evaluation of the plan, make revisions, as
10-5 necessary, to ensure that the plan is designed to improve the
10-6 academic achievement of pupils enrolled in public schools in this
10-7 state.
10-8 4. On or before December 15 of each year, the State Board
10-9 shall submit the plan or the revised plan, as applicable, to the:
10-10 (a) Governor;
10-11 (b) Committee;
10-12 (c) Bureau;
10-13 (d) Board of Regents of the University of Nevada;
10-14 (e) Council to Establish Academic Standards for Public
10-15 Schools created by NRS 389.510;
10-16 (f) Board of trustees of each school district; and
10-17 (g) Governing body of each charter school.
10-18 Sec. 8. 1. The board of trustees of each school district
10-19 shall, in consultation with the employees of the school district,
10-20 prepare a plan to improve the achievement of pupils enrolled in
10-21 the school district, excluding pupils who are enrolled in charter
10-22 schools located in the school district. If the school district is a Title
10-23 I school district designated as demonstrating need for
10-24 improvement pursuant to section 32 of this act, the plan must also
10-25 be prepared in consultation with parents and guardians of pupils
10-26 enrolled in the school district and other persons who the board of
10-27 trustees determines are appropriate.
10-28 2. Except as otherwise provided in this subsection, the plan
10-29 must include the items set forth in 20 U.S.C. § 6316(c)(7) and the
10-30 regulations adopted pursuant thereto. If a school district has not
10-31 been designated as demonstrating need for improvement pursuant
10-32 to section 32 of this act, the board of trustees of the school district
10-33 is not required to include those items set forth in 20 U.S.C. §
10-34 6316(c)(7) and the regulations adopted pursuant thereto that
10-35 directly relate to the status of a school district as needing
10-36 improvement.
10-37 3. In addition to the requirements of subsection 2, a plan to
10-38 improve the achievement of pupils enrolled in a school district
10-39 must include:
10-40 (a) A review and analysis of the data upon which the report
10-41 required pursuant to subsection 2 of NRS 385.347 is based and a
10-42 review and analysis of any data that is more recent than the data
10-43 upon which the report is based.
10-44 (b) The identification of any problems or factors at individual
10-45 schools that are revealed by the review and analysis.
11-1 (c) Strategies based upon scientifically based research, as
11-2 defined in 20 U.S.C. § 7801(37), that will strengthen the core
11-3 academic subjects, as set forth in NRS 389.018.
11-4 (d) Strategies to improve the academic achievement of pupils
11-5 enrolled in the school district including, without limitation,
11-6 strategies to:
11-7 (1) Instruct pupils who are not achieving to their fullest
11-8 potential;
11-9 (2) Increase the rate of attendance of pupils and reduce the
11-10 number of pupils who drop out of school;
11-11 (3) Integrate technology into the instructional and
11-12 administrative programs of the school district;
11-13 (4) Manage effectively the discipline of pupils; and
11-14 (5) Enhance the professional development offered for the
11-15 teachers and administrators employed by the school district to
11-16 include the activities set forth in 20 U.S.C. § 7801(34), as deemed
11-17 appropriate by the board of trustees of the school district.
11-18 (e) An identification, by category, of the employees of the
11-19 school district who are responsible for ensuring that each
11-20 provision of the plan is carried out effectively.
11-21 (f) In consultation with the Department, an identification, by
11-22 category, of the employees of the Department, if any, who are
11-23 responsible for overseeing and monitoring whether the plan is
11-24 carried out effectively.
11-25 (g) For each provision of the plan, a timeline for carrying out
11-26 that provision, including, without limitation, a timeline for
11-27 monitoring whether the provision is carried out effectively.
11-28 (h) For each provision of the plan, measurable criteria for
11-29 determining whether the provision has contributed toward
11-30 improving the academic achievement of pupils, increasing the rate
11-31 of attendance of pupils and reducing the number of pupils who
11-32 drop out of school.
11-33 (i) Strategies to improve the allocation of resources from the
11-34 school district, by program and by school, in a manner that will
11-35 improve the academic achievement of pupils. If this state has a
11-36 financial analysis program that is designed to track educational
11-37 expenditures and revenues to individual schools, each school
11-38 district shall use that statewide program in complying with this
11-39 paragraph. If a statewide program is not available, each school
11-40 district shall use its own financial analysis program in complying
11-41 with this paragraph.
11-42 (j) Based upon the reallocation of resources set forth in
11-43 paragraph (i), the resources available to the school district to carry
11-44 out the plan.
12-1 (k) A summary of the effectiveness of appropriations made by
12-2 the Legislature that are available to the school district or the
12-3 schools within the school district to improve the academic
12-4 achievement of pupils and programs approved by the Legislature
12-5 to improve the academic achievement of pupils.
12-6 4. The board of trustees of each school district shall:
12-7 (a) Review the plan prepared pursuant to this section annually
12-8 to evaluate the effectiveness of the plan; and
12-9 (b) Based upon the evaluation of the plan, make revisions, as
12-10 necessary, to ensure that the plan is designed to improve the
12-11 academic achievement of pupils enrolled in the school district.
12-12 5. On or before December 15 of each year, the board of
12-13 trustees of each school district shall submit the plan or the revised
12-14 plan, as applicable, to the:
12-15 (a) Superintendent of Public Instruction;
12-16 (b) Governor;
12-17 (c) State Board;
12-18 (d) Department;
12-19 (e) Committee; and
12-20 (f) Bureau.
12-21 Sec. 9. 1. The principal of each school, including, without
12-22 limitation, each charter school, shall, in consultation with the
12-23 employees of the school, prepare a plan to improve the
12-24 achievement of the pupils enrolled in the school.
12-25 2. The plan developed pursuant to subsection 1 must include:
12-26 (a) A review and analysis of the data pertaining to the school
12-27 upon which the report required pursuant to subsection 2 of NRS
12-28 385.347 is based and a review and analysis of any data that is
12-29 more recent than the data upon which the report is based.
12-30 (b) The identification of any problems or factors at the school
12-31 that are revealed by the review and analysis.
12-32 (c) Strategies based upon scientifically based research, as
12-33 defined in 20 U.S.C. § 7801(37), that will strengthen the core
12-34 academic subjects, as defined in NRS 389.018.
12-35 (d) Policies and practices concerning the core academic
12-36 subjects which have the greatest likelihood of ensuring that each
12-37 subgroup of pupils identified in paragraph (b) of subsection 1 of
12-38 section 4 of this act who are enrolled in the school will make
12-39 adequate yearly progress and meet the minimum level of
12-40 proficiency prescribed by the State Board.
12-41 (e) Annual measurable objectives, consistent with the annual
12-42 measurable objectives established by the State Board pursuant to
12-43 section 4 of this act, for the continuous and substantial progress
12-44 by each subgroup of pupils identified in paragraph (b) of
12-45 subsection 1 of that section who are enrolled in the school to
13-1 ensure that each subgroup will make adequate yearly progress and
13-2 meet the level of proficiency prescribed by the State Board.
13-3 (f) Strategies, consistent with the policy adopted pursuant to
13-4 NRS 392.457 by the board of trustees of the school district in
13-5 which the school is located, to promote effective involvement by
13-6 parents and families of pupils enrolled in the school in the
13-7 education of their children.
13-8 (g) As appropriate, programs of remedial education or tutoring
13-9 to be offered before and after school, during the summer, or
13-10 between sessions if the school operates on a year-round calendar
13-11 for pupils enrolled in the school who need additional instructional
13-12 time to pass or to reach a level considered proficient.
13-13 (h) Strategies to improve the academic achievement of pupils
13-14 enrolled in the school, including, without limitation, strategies to:
13-15 (1) Instruct pupils who are not achieving to their fullest
13-16 potential;
13-17 (2) Increase the rate of attendance of pupils and reduce the
13-18 number of pupils who drop out of school;
13-19 (3) Integrate technology into the instructional and
13-20 administrative programs of the school;
13-21 (4) Manage effectively the discipline of pupils; and
13-22 (5) Enhance the professional development offered for the
13-23 teachers and administrators employed at the school to include the
13-24 activities set forth in 20 U.S.C. § 7801(34), as deemed appropriate
13-25 by the principal and other persons and entities responsible for the
13-26 development of the plan.
13-27 (i) An identification, by category, of the employees of the
13-28 school who are responsible for ensuring that the plan is carried
13-29 out effectively.
13-30 (j) In consultation with the school district or governing body,
13-31 as applicable, an identification, by category, of the employees of
13-32 the school district or governing body, if any, who are responsible
13-33 for ensuring that the plan is carried out effectively or for
13-34 overseeing and monitoring whether the plan is carried out
13-35 effectively.
13-36 (k) In consultation with the Department, an identification, by
13-37 category, of the employees of the Department, if any, who are
13-38 responsible for overseeing and monitoring whether the plan is
13-39 carried out effectively.
13-40 (l) For each provision of the plan, a timeline for carrying out
13-41 that provision, including, without limitation, a timeline for
13-42 monitoring whether the provision is carried out effectively.
13-43 (m) For each provision of the plan, measurable criteria for
13-44 determining whether the provision has contributed toward
13-45 improving the academic achievement of pupils, increasing the rate
14-1 of attendance of pupils and reducing the number of pupils who
14-2 drop out of school.
14-3 (n) The resources available to the school to carry out the plan.
14-4 If this state has a financial analysis program that is designed to
14-5 track educational expenditures and revenues to individual schools,
14-6 each school shall use that statewide program in complying with
14-7 this paragraph. If a statewide program is not available, each
14-8 school shall use the financial analysis program used by the school
14-9 district in which the school is located in complying with this
14-10 paragraph.
14-11 (o) A summary of the effectiveness of appropriations made by
14-12 the Legislature that are available to the school to improve the
14-13 academic achievement of pupils and programs approved by the
14-14 Legislature to improve the academic achievement of pupils.
14-15 3. In addition to the requirements of subsection 2, if a school
14-16 has been designated as demonstrating need for improvement
14-17 pursuant to section 14 of this act, the plan must comply with 20
14-18 U.S.C. § 6316(b)(3) and the regulations adopted pursuant thereto.
14-19 4. Except as otherwise provided in subsection 5, the principal
14-20 of each school shall, in consultation with the employees of the
14-21 school:
14-22 (a) Review the plan prepared pursuant to this section annually
14-23 to evaluate the effectiveness of the plan; and
14-24 (b) Based upon the evaluation of the plan, make revisions, as
14-25 necessary, to ensure that the plan is designed to improve the
14-26 academic achievement of pupils enrolled in the school.
14-27 5. If a school has been designated as demonstrating need for
14-28 improvement pursuant to section 14 of this act, the technical
14-29 assistance partnership or the support team established for the
14-30 school, as applicable, shall review the plan and make revisions to
14-31 the most recent plan for improvement of the school pursuant to
14-32 section 18 or 24 of this act, as applicable. If the school is a Title I
14-33 school that has been designated as demonstrating need for
14-34 improvement, the technical assistance partnership or support team
14-35 established for the school, as applicable, shall, in making revisions
14-36 to the plan, work in consultation with parents and guardians of
14-37 pupils enrolled in the school and, to the extent deemed appropriate
14-38 by the entity responsible for creating the partnership or support
14-39 team, outside experts.
14-40 6. On or before November 1 of each year, the principal of
14-41 each school, or the technical assistance partnership or support
14-42 team established for the school, as applicable, shall submit the
14-43 plan or the revised plan, as applicable, to:
14-44 (a) If the school is a public school of the school district, the
14-45 superintendent of schools of the school district.
15-1 (b) If the school is a charter school, the governing body of the
15-2 charter school.
15-3 7. If a Title I school is designated as demonstrating need for
15-4 improvement pursuant to section 14 of this act, the superintendent
15-5 of schools of the school district or the governing body, as
15-6 applicable, shall carry out a process for peer review of the plan or
15-7 the revised plan, as applicable, in accordance with 20 U.S.C. §
15-8 6316(b)(3)(E) and the regulations adopted pursuant thereto. Not
15-9 later than 45 days after receipt of the plan, the superintendent of
15-10 schools of the school district or the governing body, as applicable,
15-11 shall approve the plan or the revised plan, as applicable, if it meets
15-12 the requirements of 20 U.S.C. § 6316(b)(3) and the regulations
15-13 adopted pursuant thereto and the requirements of this section. The
15-14 superintendent of schools of the school district or the governing
15-15 body, as applicable, may condition approval of the plan or the
15-16 revised plan, as applicable, in the manner set forth in 20 U.S.C. §
15-17 6316(b)(3)(B) and the regulations adopted pursuant thereto. The
15-18 State Board shall prescribe the requirements for the process of
15-19 peer review, including, without limitation, the qualifications of
15-20 persons who may serve as peer reviewers.
15-21 8. If a school is designated as demonstrating exemplary
15-22 achievement, high achievement or adequate achievement, or if a
15-23 school that is not a Title I school is designated as demonstrating
15-24 need for improvement, not later than 45 days after receipt of the
15-25 plan or the revised plan, as applicable, the superintendent of
15-26 schools of the school district or the governing body, as applicable,
15-27 shall approve the plan or the revised plan if it meets the
15-28 requirements of this section.
15-29 9. On or before December 15 of each year, the principal of
15-30 each school, or the technical assistance partnership or support
15-31 team established for the school, as applicable, shall submit the
15-32 final plan or the final revised plan, as applicable, to the:
15-33 (a) Superintendent of Public Instruction;
15-34 (b) Governor;
15-35 (c) State Board;
15-36 (d) Department;
15-37 (e) Committee;
15-38 (f) Bureau; and
15-39 (g) Board of trustees of the school district in which the school
15-40 is located.
15-41 10. A plan for the improvement of a school must be carried
15-42 out expeditiously, but not later than January 1 after approval of
15-43 the plan pursuant to subsection 7 or 8, as applicable.
15-44 Sec. 10. 1. On or before June 15 of each year, the
15-45 Department shall determine whether each public school is making
16-1 adequate yearly progress, as defined by the State Board pursuant
16-2 to section 4 of this act. The determination for a public school,
16-3 including, without limitation, a charter school sponsored by the
16-4 board of trustees of the school district, must be made in
16-5 consultation with the board of trustees of the school district in
16-6 which the public school is located. If a charter school is sponsored
16-7 by the State Board, the Department shall make a determination for
16-8 the charter school in consultation with the State Board. The
16-9 determination made for each school must be based only upon the
16-10 information and data for those pupils who are enrolled in the
16-11 school for a full academic year. On or before June 15 of each
16-12 year, the Department shall transmit:
16-13 (a) Except as otherwise provided in paragraph (b), the
16-14 determination made for each public school to the board of trustees
16-15 of the school district in which the public school is located.
16-16 (b) To the State Board the determination made for each
16-17 charter school that is sponsored by the State Board.
16-18 2. Except as otherwise provided in this subsection, the
16-19 Department shall determine that a public school has failed to
16-20 make adequate yearly progress if any subgroup identified in
16-21 paragraph (b) of subsection 1 of section 4 of this act does not
16-22 satisfy the annual measurable objectives established by the State
16-23 Board pursuant to that section. To comply with 20 U.S.C. §
16-24 6311(b)(2)(I) and the regulations adopted pursuant thereto, the
16-25 State Board shall prescribe by regulation the conditions under
16-26 which a school shall be deemed to have made adequate yearly
16-27 progress even though a subgroup identified in paragraph (b) of
16-28 subsection 1 of section 4 of this act did not satisfy the annual
16-29 measurable objectives of the State Board.
16-30 3. In addition to the provisions of subsection 2, the
16-31 Department shall determine that a public school has failed to
16-32 make adequate yearly progress if:
16-33 (a) The number of pupils enrolled in the school who took the
16-34 examinations administered pursuant to NRS 389.550 or the high
16-35 school proficiency examination, as applicable, is less than 95
16-36 percent of all pupils enrolled in the school who were required to
16-37 take the examinations; or
16-38 (b) Except as otherwise provided in subsection 4, for each
16-39 subgroup of pupils identified in paragraph (b) of subsection 1 of
16-40 section 4 of this act, the number of pupils in the subgroup enrolled
16-41 in the school who took the examinations administered pursuant to
16-42 NRS 389.550 or the high school proficiency examination, as
16-43 applicable, is less than 95 percent of all pupils in that subgroup
16-44 enrolled in the school who were required to take the examinations.
17-1 4. If the number of pupils in a particular subgroup who are
17-2 enrolled in a public school is insufficient to yield statistically
17-3 reliable information:
17-4 (a) The Department shall not determine that the school has
17-5 failed to make adequate yearly progress pursuant to paragraph (b)
17-6 of subsection 3 based solely upon that particular subgroup.
17-7 (b) The pupils in such a subgroup must be included in the
17-8 overall count of pupils enrolled in the school who took the
17-9 examinations.
17-10 The State Board shall prescribe the mechanism for determining
17-11 the number of pupils that must be in a subgroup for that subgroup
17-12 to yield statistically reliable information.
17-13 5. If an irregularity in testing administration or an
17-14 irregularity in testing security occurs at a school and the
17-15 irregularity invalidates the test scores of pupils, those test scores
17-16 must not be included in the scores of pupils reported for the school
17-17 and the attendance of those pupils must not be counted towards
17-18 the total number of pupils who took the examinations, but must be
17-19 included in the total number of pupils who were required to take
17-20 the examinations. If the pupils take an additional administration
17-21 of the examinations during the same school year, the scores of
17-22 pupils on those examinations must not be included in the scores of
17-23 pupils reported for the school.
17-24 6. As used in this section:
17-25 (a) “Irregularity in testing administration” has the meaning
17-26 ascribed to it in NRS 389.604.
17-27 (b) “Irregularity in testing security” has the meaning ascribed
17-28 to it in NRS 389.608.
17-29 Sec. 11. 1. If a public school fails to make adequate yearly
17-30 progress for 1 year:
17-31 (a) Except as otherwise provided in paragraph (b), the board
17-32 of trustees of the school district in which the school is located shall
17-33 ensure that the school receives technical assistance in the manner
17-34 set forth in 20 U.S.C. § 6316(b)(4) and the regulations adopted
17-35 pursuant thereto. For a charter school sponsored by the school
17-36 district, the board of trustees shall provide the technical assistance
17-37 to the charter school in conjunction with the governing body of
17-38 the charter school.
17-39 (b) For a charter school sponsored by the State Board, the
17-40 Department shall ensure, in conjunction with the governing body
17-41 of the charter school, that the school receives technical assistance
17-42 in the manner set forth in 20 U.S.C. § 6316(b)(4) and the
17-43 regulations adopted pursuant thereto.
17-44 2. If a public school fails to make adequate yearly progress
17-45 for 1 year, the principal of the school shall ensure that the plan to
18-1 improve the achievement of pupils enrolled in the school is
18-2 reviewed, revised and approved in accordance with section 9 of
18-3 this act.
18-4 Sec. 12. 1. Except as otherwise provided in subsection 3, if
18-5 the number of pupils enrolled in a school who took the
18-6 examinations administered pursuant to NRS 389.550 is less than
18-7 95 percent of all pupils enrolled in the school who were required
18-8 to take the examinations, the Department shall notify the school
18-9 and the school district in which the school is located that the
18-10 school is required to provide, in the same school year, for an
18-11 additional administration of examinations, as prescribed by the
18-12 State Board pursuant to subsection 2. Except as otherwise
18-13 provided in this subsection, the school district shall pay for all
18-14 costs related to the administration of the examinations pursuant to
18-15 this subsection. If a charter school is required to administer
18-16 examinations pursuant to this subsection, the charter school shall
18-17 pay for all costs related to the administration of the examinations
18-18 to pupils enrolled in the charter school.
18-19 2. The State Board shall prescribe by regulation the
18-20 additional examinations that a school shall administer pursuant to
18-21 subsection 1.
18-22 3. The Department may, for good cause shown, grant a
18-23 waiver to a school from the requirements of subsection 1.
18-24 Sec. 13. If the Department determines that a public school
18-25 has failed to make adequate yearly progress pursuant to
18-26 subsection 3 of section 10 of this act:
18-27 1. The Department or its designee shall, to the extent money
18-28 is available, monitor at the school the administration of the
18-29 examinations that are required pursuant to NRS 389.550 and
18-30 ensure that all eligible pupils who are in attendance on the day of
18-31 the administration of the examinations are given an opportunity to
18-32 take the examinations until the percentage of pupils who take the
18-33 examinations is 95 percent or more of all pupils enrolled in the
18-34 school who are required to take the examinations.
18-35 2. The school is not required to adopt a program of remedial
18-36 study pursuant to NRS 385.389 and is not eligible to receive
18-37 money for remedial programs made available by legislative
18-38 appropriation for the purposes of NRS 385.389.
18-39 Sec. 14. 1. Except as otherwise provided in paragraph (b)
18-40 of subsection 4, a school must be designated as demonstrating
18-41 exemplary achievement if the school:
18-42 (a) Makes adequate yearly progress, as determined by the
18-43 Department pursuant to section 10 of this act; and
18-44 (b) Satisfies the requirements of the State Board prescribed
18-45 pursuant to section 4.5 of this act.
19-1 2. Except as otherwise provided in paragraph (b) of
19-2 subsection 4, a school must be designated as demonstrating high
19-3 achievement if the school:
19-4 (a) Makes adequate yearly progress, as determined by the
19-5 Department pursuant to section 10 of this act; and
19-6 (b) Satisfies the requirements of the State Board prescribed
19-7 pursuant to section 4.5 of this act.
19-8 3. Except as otherwise provided in paragraph (b) of
19-9 subsection 4, a school must be designated as demonstrating
19-10 adequate achievement if the school makes adequate yearly
19-11 progress, as determined by the Department pursuant to section 10
19-12 of this act.
19-13 4. A school must be designated as demonstrating need for
19-14 improvement if the school:
19-15 (a) Fails to make adequate yearly progress, as determined by
19-16 the Department pursuant to section 10 of this act; or
19-17 (b) The school makes adequate yearly progress, as determined
19-18 by the Department pursuant to section 10 of this act, but was
19-19 designated as demonstrating need for improvement pursuant to
19-20 paragraph (a) in the immediately preceding year for failing to
19-21 make adequate yearly progress.
19-22 The initial designation of a school as demonstrating need for
19-23 improvement must be based upon 2 consecutive years of data and
19-24 information for that school.
19-25 5. If a public school is designated as demonstrating need for
19-26 improvement pursuant to paragraph (a) of subsection 4, the
19-27 designation of the school as demonstrating need for improvement
19-28 must not be removed until the school has made adequate yearly
19-29 progress for 2 consecutive years.
19-30 Sec. 15. 1. Based upon the information received from the
19-31 Department pursuant to section 10 of this act, the board of trustees
19-32 of each school district shall designate, on or before July 1 of each
19-33 year, each public school in the school district in accordance with
19-34 section 14 of this act, excluding charter schools sponsored by the
19-35 State Board. The board of trustees shall make designations for all
19-36 charter schools that are sponsored by the board of trustees. The
19-37 Department shall make designations for all charter schools that
19-38 are sponsored by the State Board. The initial designation of a
19-39 school as demonstrating need for improvement must be based
19-40 upon 2 consecutive years of data and information for that school.
19-41 2. If the board of trustees of a school district or the
19-42 Department, as applicable, determines that a public school is
19-43 demonstrating need for improvement, the board of trustees or the
19-44 Department shall issue a preliminary designation for that school
19-45 on or before July 1. Before making a final designation for the
20-1 school, the board of trustees of the school district or the
20-2 Department, as applicable, shall provide the school an opportunity
20-3 to review the data upon which the proposed designation is based
20-4 and to present evidence in the manner set forth in 20 U.S.C. §
20-5 6316(b)(2) and the regulations adopted pursuant thereto. If the
20-6 school is a public school of the school district or a charter school
20-7 sponsored by the board of trustees, the board of trustees of the
20-8 school district shall, in consultation with the Department, make a
20-9 final determination concerning the designation for the school on
20-10 August 1. If the school is a charter school sponsored by the State
20-11 Board, the Department shall make a final determination
20-12 concerning the designation for the school on August 1.
20-13 3. On or before August 1 of each year, the Department shall
20-14 provide written notice of the determinations made pursuant to
20-15 section 10 of this act and the designations made pursuant to this
20-16 section as follows:
20-17 (a) The determinations and designations made for all schools
20-18 in this state to the:
20-19 (1) Governor;
20-20 (2) State Board;
20-21 (3) Committee; and
20-22 (4) Bureau.
20-23 (b) The determinations and designations made for all schools
20-24 within a school district to the:
20-25 (1) Superintendent of schools of the school district; and
20-26 (2) Board of trustees of the school district.
20-27 (c) The determination and designation made for each school to
20-28 the principal of the school.
20-29 Sec. 16. 1. If a public school is designated as
20-30 demonstrating need for improvement pursuant to section 14 of this
20-31 act and the provisions of section 20, 22 or 26 of this act do not
20-32 apply, the technical assistance partnership established for the
20-33 school pursuant to this section shall carry out the requirements of
20-34 section 18 of this act.
20-35 2. Except as otherwise provided in subsection 3, if a public
20-36 school is designated as demonstrating need for improvement
20-37 pursuant to section 14 of this act and the provisions of section 20,
20-38 22 or 26 of this act do not apply, the board of trustees of the school
20-39 district shall:
20-40 (a) Provide notice of the designation to the parents and
20-41 guardians of pupils enrolled in the school on the form prescribed
20-42 by the Department pursuant to section 36 of this act;
20-43 (b) Ensure that the school receives technical assistance in the
20-44 manner set forth in 20 U.S.C. § 6316(b)(4) and the regulations
20-45 adopted pursuant thereto; and
21-1 (c) Establish a technical assistance partnership for the school,
21-2 with the membership prescribed pursuant to section 17 of this act.
21-3 3. If a charter school is designated as demonstrating need for
21-4 improvement pursuant to section 14 of this act and the provisions
21-5 of section 20, 22 or 26 of this act do not apply:
21-6 (a) The governing body of the charter school shall:
21-7 (1) Provide notice of the designation to the parents and
21-8 guardians of pupils enrolled in the charter school on the form
21-9 prescribed by the Department pursuant to section 36 of this act;
21-10 and
21-11 (2) Establish a technical assistance partnership for the
21-12 charter school, with the membership prescribed pursuant to
21-13 section 17 of this act.
21-14 (b) For a charter school sponsored by the board of trustees of
21-15 a school district, the board of trustees shall, in conjunction with
21-16 the governing body of the charter school, ensure that the charter
21-17 school receives technical assistance in the manner set forth in 20
21-18 U.S.C. § 6316(b)(4) and the regulations adopted pursuant thereto.
21-19 The provisions of this paragraph do not require the school district
21-20 to pay for the technical assistance partnership established by the
21-21 governing body of the charter school.
21-22 (c) For a charter school sponsored by the State Board, the
21-23 Department shall, in conjunction with the governing body of the
21-24 charter school, ensure that the charter school receives technical
21-25 assistance in the manner set forth in 20 U.S.C. § 6316(b)(4) and
21-26 the regulations adopted pursuant thereto.
21-27 4. In addition to the requirements of subsection 2 or 3, as
21-28 applicable, if a Title I school is designated as demonstrating need
21-29 for improvement pursuant to section 14 of this act and the
21-30 provisions of section 20, 22 or 26 of this act do not apply:
21-31 (a) Except as otherwise provided in paragraph (b), the board
21-32 of trustees of the school district shall provide school choice to the
21-33 parents and guardians of pupils enrolled in the school, including,
21-34 without limitation, a charter school sponsored by the school
21-35 district, in accordance with 20 U.S.C. § 6316(b)(1) and the
21-36 regulations adopted pursuant thereto.
21-37 (b) For a charter school sponsored by the State Board, the
21-38 Department shall work cooperatively with the board of trustees of
21-39 the school district in which the charter school is located to provide
21-40 school choice to the parents and guardians of pupils enrolled in
21-41 the charter school in accordance with 20 U.S.C. § 6316(b)(1) and
21-42 the regulations adopted pursuant thereto.
21-43 Sec. 17. 1. The membership of each technical assistance
21-44 partnership established by the board of trustees of a school district
21-45 for a public school pursuant to section 16 of this act:
22-1 (a) Must consist of:
22-2 (1) At least one employee of the public school for which the
22-3 partnership is established; and
22-4 (2) At least one representative of the school district.
22-5 (b) May consist of other persons, as determined by the board of
22-6 trustees, in accordance with the needs of the school based upon
22-7 the data and information pertaining to that school.
22-8 2. The membership of each technical assistance partnership
22-9 established by the governing body of a charter school:
22-10 (a) Must consist of:
22-11 (1) At least one employee of the charter school;
22-12 (2) At least one member of the governing body of the
22-13 charter school;
22-14 (3) For a charter school sponsored by the board of trustees
22-15 of the school district, at least one representative of the school
22-16 district, appointed by the school district; and
22-17 (4) For a charter school sponsored by the State Board, at
22-18 least one representative of the Department, appointed by the
22-19 Department.
22-20 (b) May consist of other persons, as determined by the
22-21 governing body, in accordance with the needs of the charter
22-22 school based upon the data and information pertaining to that
22-23 charter school.
22-24 Sec. 18. 1. Each technical assistance partnership
22-25 established for a public school shall complete a form prescribed by
22-26 the Department pursuant to this section or an expanded form, if
22-27 applicable, that includes:
22-28 (a) A review and analysis of the operation of the school,
22-29 including, without limitation, the design and operation of the
22-30 instructional program of the school;
22-31 (b) A review and analysis of the data pertaining to the school
22-32 based upon the report required pursuant to subsection 2 of NRS
22-33 385.347 and a review and analysis of any data that is more recent;
22-34 (c) A review of the most recent plan to improve the
22-35 achievement of the school’s pupils; and
22-36 (d) An identification of the problems and factors at the school
22-37 that contributed to the designation of the school as demonstrating
22-38 need for improvement.
22-39 2. Each technical assistance partnership established for a
22-40 public school shall:
22-41 (a) Assist the school in developing recommendations for
22-42 improving the performance of pupils who are enrolled in the
22-43 school; and
22-44 (b) Adopt, in consultation with the employees of the school,
22-45 written revisions to the most recent plan to improve the
23-1 achievement of the school’s pupils for approval pursuant to
23-2 section 9 of this act. The written revisions must:
23-3 (1) Include the data and findings of the technical assistance
23-4 partnership that provide support for the revisions;
23-5 (2) If the school is a Title I school, be developed in
23-6 consultation with parents and guardians of pupils enrolled in the
23-7 school and, to the extent deemed appropriate by the entity that
23-8 created the technical assistance partnership, outside experts;
23-9 (3) Set forth a timeline to carry out the revisions;
23-10 (4) Set forth priorities for the school in carrying out the
23-11 revisions; and
23-12 (5) Set forth the duties of each person who is responsible
23-13 for carrying out the revisions.
23-14 3. On or before November 1 of each year, each technical
23-15 assistance partnership shall submit the form completed pursuant
23-16 to subsection 1 to the:
23-17 (a) Department;
23-18 (b) Bureau;
23-19 (c) Board of trustees of the school district or governing body of
23-20 the charter school, as applicable; and
23-21 (d) Principal of the school.
23-22 4. The Department shall, in consultation with the Bureau:
23-23 (a) Prescribe a form that contains the basic information for a
23-24 technical assistance partnership to carry out its duties pursuant to
23-25 subsection 1; and
23-26 (b) Make the form available on a computer disc for use by
23-27 technical assistance partnerships and, upon request, in any other
23-28 manner deemed reasonable by the Department.
23-29 5. Except as otherwise provided in this subsection, each
23-30 technical assistance partnership shall use the form prescribed by
23-31 the Department to carry out its duties pursuant to subsection 1. A
23-32 school district or governing body of a charter school may prescribe
23-33 an expanded form that contains additions to the form prescribed
23-34 by the Department if the basic information contained in the
23-35 expanded form complies with the form prescribed by the
23-36 Department.
23-37 Sec. 19. (Deleted by amendment.)
23-38 Sec. 20. 1. If a public school is designated as
23-39 demonstrating need for improvement pursuant to section 14 of this
23-40 act for 2 consecutive years, the technical assistance partnership
23-41 established for the school pursuant to section 16 of this act shall
23-42 carry out the requirements of section 18 of this act.
23-43 2. Except as otherwise provided in subsection 3, if a public
23-44 school is designated as demonstrating need for improvement
24-1 pursuant to section 14 of this act for 2 consecutive years, the
24-2 board of trustees of the school district shall:
24-3 (a) Provide notice of the designation to the parents and
24-4 guardians of pupils enrolled in the school on the form prescribed
24-5 by the Department pursuant to section 36 of this act;
24-6 (b) Ensure that the school receives technical assistance in the
24-7 manner set forth in 20 U.S.C. § 6316(b)(4) and the regulations
24-8 adopted pursuant thereto; and
24-9 (c) Continue the technical assistance partnership for the
24-10 school.
24-11 3. If a charter school is designated as demonstrating need for
24-12 improvement pursuant to section 14 of this act for 2 consecutive
24-13 years:
24-14 (a) The governing body of the charter school shall:
24-15 (1) 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 36 of this act; and
24-18 (2) Continue the technical assistance partnership for the
24-19 school.
24-20 (b) For a charter school sponsored by the board of trustees of
24-21 a school district, the board of trustees shall, in conjunction with
24-22 the governing body of the charter school, ensure that the charter
24-23 school receives technical assistance in the manner set forth in 20
24-24 U.S.C. § 6316(b)(4) and the regulations adopted pursuant thereto.
24-25 The provisions of this paragraph do not require the school district
24-26 to pay for the technical assistance partnership established by the
24-27 governing body of the charter school.
24-28 (c) For a charter school sponsored by the State Board, the
24-29 Department shall, in conjunction with the governing body of the
24-30 charter school, ensure that the charter school receives technical
24-31 assistance in the manner set forth in 20 U.S.C. § 6316(b)(4) and
24-32 the regulations adopted pursuant thereto.
24-33 Sec. 21. 1. In addition to the requirements of section 20 of
24-34 this act, if a Title I school is designated as demonstrating need for
24-35 improvement pursuant to section 14 of this act for 2 consecutive
24-36 years for failing to make adequate yearly progress:
24-37 (a) Except as otherwise provided in paragraph (b), the board
24-38 of trustees of the school district shall:
24-39 (1) Provide school choice to the parents and guardians of
24-40 pupils enrolled in the school in accordance with 20 U.S.C. §
24-41 6316(b)(1) and the regulations adopted pursuant thereto.
24-42 (2) Except as otherwise provided in subsection 2, provide
24-43 supplemental educational services in accordance with 20 U.S.C. §
24-44 6316(e) and the regulations adopted pursuant thereto from a
25-1 provider approved pursuant to section 37 of this act, unless a
25-2 waiver is granted pursuant to that provision of federal law.
25-3 (b) If the school is a charter school:
25-4 (1) Sponsored by the board of trustees of a school district,
25-5 the board of trustees shall provide school choice to the parents and
25-6 guardians of pupils enrolled in the school in accordance with 20
25-7 U.S.C. § 6316(b)(1) and the regulations adopted pursuant thereto.
25-8 (2) Sponsored by the State Board, the Department shall
25-9 work cooperatively with the board of trustees of the school district
25-10 in which the charter school is located to provide school choice to
25-11 the parents and guardians of pupils enrolled in the charter school
25-12 in accordance with 20 U.S.C. § 6316(b)(1) and the regulations
25-13 adopted pursuant thereto.
25-14 (3) Except as otherwise provided in subsection 3, the
25-15 governing body of the charter school shall provide supplemental
25-16 educational services in accordance with 20 U.S.C. § 6316(e) and
25-17 the regulations adopted pursuant thereto from a provider approved
25-18 pursuant to section 37 of this act, unless a waiver is granted
25-19 pursuant to that provision of federal law.
25-20 2. The board of trustees of a school district shall grant a
25-21 delay from the imposition of supplemental educational services for
25-22 a school for a period not to exceed 1 year if the school qualifies for
25-23 a delay pursuant to 20 U.S.C. § 6316(b)(7)(D). If the school fails
25-24 to make adequate yearly progress during the period of the delay,
25-25 the provisions of section 22 of this act apply to the school as if the
25-26 delay never occurred.
25-27 3. The sponsor of a charter school shall grant a delay from
25-28 the imposition of supplemental educational services for the charter
25-29 school for a period not to exceed 1 year if the charter school
25-30 qualifies for a delay pursuant to 20 U.S.C. § 6316(b)(7)(D). If the
25-31 charter school fails to make adequate yearly progress during the
25-32 period of the delay, the provisions of section 22 of this act apply to
25-33 the charter school as if the delay never occurred.
25-34 Sec. 22. 1. If a public school is designated as
25-35 demonstrating need for improvement pursuant to section 14 of this
25-36 act for 3 consecutive years, the support team established for the
25-37 school pursuant to this section shall carry out the requirements of
25-38 sections 24 and 24.3 of this act.
25-39 2. Except as otherwise provided in subsection 3, if a public
25-40 school is designated as demonstrating need for improvement
25-41 pursuant to section 14 of this act for 3 consecutive years:
25-42 (a) The board of trustees of the school district shall:
25-43 (1) Provide notice of the designation to the parents and
25-44 guardians of pupils enrolled in the school on the form prescribed
25-45 by the Department pursuant to section 36 of this act; and
26-1 (2) Ensure that the school receives technical assistance in
26-2 the manner set forth in 20 U.S.C. § 6316(b)(4) and the regulations
26-3 adopted pursuant thereto.
26-4 (b) The Department shall establish a support team for the
26-5 school, with the membership prescribed pursuant to section 23 of
26-6 this act.
26-7 3. If a charter school is designated as demonstrating need for
26-8 improvement pursuant to section 14 of this act for 3 consecutive
26-9 years:
26-10 (a) The governing body of the charter school shall provide
26-11 notice of the designation to the parents and guardians of pupils
26-12 enrolled in the charter school on the form prescribed by the
26-13 Department pursuant to section 36 of this act.
26-14 (b) For a charter school sponsored by the board of trustees of
26-15 a school district, the board of trustees shall, in conjunction with
26-16 the governing body of the charter school, ensure that the charter
26-17 school receives technical assistance in the manner set forth in 20
26-18 U.S.C. § 6316(b)(4) and the regulations adopted pursuant thereto.
26-19 (c) For a charter school sponsored by the State Board, the
26-20 Department shall, in conjunction with the governing body of the
26-21 charter school, ensure that the charter school receives technical
26-22 assistance in the manner set forth in 20 U.S.C. § 6316(b)(4) and
26-23 the regulations adopted pursuant thereto.
26-24 (d) The Department shall establish a support team for the
26-25 school, with the membership prescribed pursuant to section 23 of
26-26 this act.
26-27 Sec. 23. The membership of each support team established
26-28 pursuant to section 22 of this act:
26-29 1. Must consist of, without limitation:
26-30 (a) Teachers and principals who are considered highly
26-31 qualified and who are not employees of the public school for
26-32 which the support team is established;
26-33 (b) At least one representative of the Department;
26-34 (c) Except for a charter school, at least one administrator at
26-35 the district level who is employed by the board of trustees of the
26-36 school district;
26-37 (d) At least one parent or guardian of a pupil who is enrolled
26-38 in the public school for which the support team is established; and
26-39 (e) In addition to the requirements of paragraphs (a) to (d),
26-40 inclusive, for a charter school:
26-41 (1) At least one member of the governing body of the
26-42 charter school, regardless of the sponsor of the charter school;
26-43 and
27-1 (2) If the charter school is sponsored by the board of
27-2 trustees of a school district, at least one employee of the school
27-3 district, which may include an administrator.
27-4 2. May consist of, without limitation:
27-5 (a) Except for a charter school, one or more members of the
27-6 board of trustees of the school district in which the school is
27-7 located;
27-8 (b) Representatives of institutions of higher education;
27-9 (c) Representatives of regional educational laboratories;
27-10 (d) Representatives of outside consultant groups;
27-11 (e) Representatives of the regional training program for the
27-12 professional development of teachers and administrators
27-13 established pursuant to NRS 391.512 that provides services to the
27-14 school district in which the school is located;
27-15 (f) The Bureau; and
27-16 (g) Other persons who the Department determines are
27-17 appropriate.
27-18 Sec. 24. Each support team established for a public school
27-19 pursuant to section 22 of this act shall:
27-20 1. Review and analyze the operation of the school, including,
27-21 without limitation, the design and operation of the instructional
27-22 program of the school.
27-23 2. Review and analyze the data pertaining to the school upon
27-24 which the report required pursuant to subsection 2 of NRS
27-25 385.347 is based and review and analyze any data that is more
27-26 recent than the data upon which the report is based.
27-27 3. Review the most recent plan to improve the achievement of
27-28 the school’s pupils.
27-29 4. Identify and investigate the problems and factors at the
27-30 school that contributed to the designation of the school as
27-31 demonstrating need for improvement.
27-32 5. Assist the school in developing recommendations for
27-33 improving the performance of pupils who are enrolled in the
27-34 school.
27-35 6. Except as otherwise provided in this paragraph, make
27-36 recommendations to the board of trustees of the school district, the
27-37 State Board and the Department concerning additional assistance
27-38 for the school in carrying out the plan for improvement of the
27-39 school. For a charter school sponsored by the State Board, the
27-40 support team shall make the recommendations to the State Board
27-41 and the Department.
27-42 7. In accordance with its findings pursuant to this subsection
27-43 and section 24.3 of this act, submit, on or before November 1,
27-44 written revisions to the most recent plan to improve the
28-1 achievement of the school’s pupils for approval pursuant to
28-2 section 9 of this act. The written revisions must:
28-3 (a) Comply with section 9 of this act;
28-4 (b) If the school is a Title I school, be developed in
28-5 consultation with parents and guardians of pupils enrolled in the
28-6 school and, to the extent deemed appropriate by the entity that
28-7 created the support team, outside experts;
28-8 (c) Include the data and findings of the support team that
28-9 provide support for the revisions;
28-10 (d) Set forth goals and objectives for the school that are:
28-11 (1) Designed to improve the achievement of the school’s
28-12 pupils;
28-13 (2) Specific;
28-14 (3) Measurable; and
28-15 (4) Conducive to reliable evaluation;
28-16 (e) Set forth a timeline to carry out the revisions;
28-17 (f) Set forth priorities for the school in carrying out the
28-18 revisions; and
28-19 (g) Set forth the duties of each person who is responsible for
28-20 carrying out the revisions.
28-21 8. Except as otherwise provided in this subsection, work
28-22 cooperatively with the board of trustees of the school district in
28-23 which the school is located, the employees of the school, and the
28-24 parents and guardians of pupils enrolled in the school to carry out
28-25 and monitor the plan for improvement of the school. If a charter
28-26 school is sponsored by the State Board, the Department shall assist
28-27 the school with carrying out and monitoring the plan for
28-28 improvement of the school.
28-29 9. In addition to the requirements of this section, if the
28-30 support team is established for a Title I school, carry out the
28-31 requirements of 20 U.S.C. § 6317(a)(5).
28-32 Sec. 24.3. 1. In addition to the duties prescribed in section
28-33 24 of this act, a support team established for a school shall
28-34 prepare an annual written report that includes:
28-35 (a) Information concerning the most recent plan to improve
28-36 the achievement of the school’s pupils, including, without
28-37 limitation, an evaluation of:
28-38 (1) The appropriateness of the plan for the school; and
28-39 (2) Whether the school has achieved the goals and
28-40 objectives set forth in the plan;
28-41 (b) The written revisions to the plan to improve the
28-42 achievement of the school’s pupils submitted by the support team
28-43 pursuant to section 24 of this act;
28-44 (c) A summary of each program for remediation, if any,
28-45 purchased for the school with money that is available from the
29-1 Federal Government, this state and the school district in which the
29-2 school is located, including, without limitation:
29-3 (1) The name of the program;
29-4 (2) The date on which the program was purchased and the
29-5 date on which the program was carried out by the school;
29-6 (3) The percentage of personnel at the school who were
29-7 trained regarding the use of the program;
29-8 (4) The satisfaction of the personnel at the school with the
29-9 program; and
29-10 (5) An evaluation of whether the program has improved the
29-11 academic achievement of the pupils enrolled in the school who
29-12 participated in the program;
29-13 (d) An analysis of the problems and factors at the school
29-14 which contributed to the designation of the school as
29-15 demonstrating need for improvement, including, without
29-16 limitation, issues relating to:
29-17 (1) The financial resources of the school;
29-18 (2) The administrative and educational personnel of the
29-19 school;
29-20 (3) The curriculum of the school;
29-21 (4) The facilities available at the school, including the
29-22 availability and accessibility of educational technology; and
29-23 (5) Any other factors that the support team believes
29-24 contributed to the designation of the school as demonstrating need
29-25 for improvement; and
29-26 (e) Other information concerning the school, including,
29-27 without limitation:
29-28 (1) The results of the pupils who are enrolled in the school
29-29 on the examinations that are administered pursuant to NRS
29-30 389.550 or the high school proficiency examination, as applicable;
29-31 (2) Records of the attendance and truancy of pupils who
29-32 are enrolled in the school;
29-33 (3) The transiency rate of pupils who are enrolled in the
29-34 school;
29-35 (4) A description of the number of years that each teacher
29-36 has provided instruction at the school and the rate of turnover of
29-37 teachers and other educational personnel employed at the school;
29-38 (5) A description of the participation of parents and legal
29-39 guardians in the educational process and other activities relating
29-40 to the school;
29-41 (6) A description of each source of money for the
29-42 remediation of pupils who are enrolled in the school; and
29-43 (7) A description of the disciplinary problems of the pupils
29-44 who are enrolled in the school, including, without limitation, the
30-1 information contained in paragraphs (k) to (n), inclusive, of
30-2 subsection 2 of NRS 385.347.
30-3 2. On or before November 1, the support team shall submit a
30-4 copy of the final written report to the:
30-5 (a) Principal of the school;
30-6 (b) Board of trustees of the school district in which the school
30-7 is located;
30-8 (c) Superintendent of schools of the school district in which
30-9 the school is located;
30-10 (d) Department; and
30-11 (e) Bureau.
30-12 The support team shall make the written report available, upon
30-13 request, to each parent or legal guardian of a pupil who is
30-14 enrolled in the school.
30-15 Sec. 24.7. 1. In addition to the requirements of section 22
30-16 of this act, if a Title I school is designated as demonstrating need
30-17 for improvement pursuant to section 14 of this act for 3
30-18 consecutive years:
30-19 (a) Except as otherwise provided in paragraph (b), the board
30-20 of trustees of the school district shall:
30-21 (1) Provide school choice to the parents and guardians of
30-22 pupils enrolled in the school in accordance with 20 U.S.C. §
30-23 6316(b)(1) and the regulations adopted pursuant thereto;
30-24 (2) Provide supplemental educational services in
30-25 accordance with 20 U.S.C. § 6316(e) and the regulations adopted
30-26 pursuant thereto from a provider approved pursuant to section 37
30-27 of this act, unless a waiver is granted pursuant to that provision of
30-28 federal law; and
30-29 (3) Except as otherwise provided in subsection 2, take
30-30 corrective action pursuant to 20 U.S.C. § 6316(b)(7) and the
30-31 regulations adopted pursuant thereto.
30-32 (b) If the school is a charter school:
30-33 (1) Sponsored by the board of trustees of a school district,
30-34 the board of trustees shall:
30-35 (I) Provide school choice to the parents and guardians
30-36 of pupils enrolled in the charter school in accordance with 20
30-37 U.S.C. § 6316(b)(1); and
30-38 (II) Except as otherwise provided in subsection 3, take
30-39 corrective action pursuant to 20 U.S.C. § 6316(b)(7) and the
30-40 regulations adopted pursuant thereto.
30-41 (2) Sponsored by the State Board, the Department shall:
30-42 (I) Work cooperatively with the board of trustees of the
30-43 school district in which the charter school is located to provide
30-44 school choice to the parents and guardians of pupils enrolled in
31-1 the school in accordance with 20 U.S.C. § 6316(b)(1) and the
31-2 regulations adopted pursuant thereto; and
31-3 (II) Except as otherwise provided in subsection 3, take
31-4 corrective action pursuant to 20 U.S.C. § 6316(b)(7) and the
31-5 regulations adopted pursuant thereto.
31-6 (3) Regardless of the sponsor, the governing body of the
31-7 charter school shall provide supplemental educational services in
31-8 accordance with 20 U.S.C. § 6316(e) and the regulations adopted
31-9 pursuant thereto from a provider approved pursuant to section 37
31-10 of this act, unless a waiver is granted pursuant to that provision of
31-11 federal law.
31-12 2. The board of trustees of a school district shall grant a
31-13 delay from the imposition of corrective action for a school for a
31-14 period not to exceed 1 year if the school qualifies for a delay
31-15 pursuant to 20 U.S.C. 6316(b)(7)(D). If the school fails to make
31-16 adequate yearly progress during the period of the delay, the
31-17 provisions of section 26 of this act apply as if the delay never
31-18 occurred.
31-19 3. The sponsor of a charter school shall grant a delay from
31-20 the imposition of corrective action for the charter school for a
31-21 period not to exceed 1 year if the charter school qualifies for a
31-22 delay pursuant to 20 U.S.C. 6316(b)(7)(D). If the charter school
31-23 fails to make adequate yearly progress during the period of the
31-24 delay, the provisions of section 26 of this act apply as if the delay
31-25 never occurred.
31-26 Sec. 25. 1. Except as otherwise provided in subsection 2, if
31-27 a public school that is not a Title I school is designated as
31-28 demonstrating need for improvement pursuant to section 14 of this
31-29 act for 3 consecutive years for failing to make adequate yearly
31-30 progress, the support team established for the school shall
31-31 consider whether corrective action is appropriate for the school. If
31-32 the support team determines that corrective action is appropriate,
31-33 the support team shall make a recommendation to the Department
31-34 for corrective action for the school, including, without limitation,
31-35 the type of corrective action that is recommended. Regardless of
31-36 whether a support team recommends corrective action for a
31-37 school, the Department may take one or more of the following
31-38 corrective actions for the school in the manner set forth in 20
31-39 U.S.C. § 6316(b)(7):
31-40 (a) Replace employees at the school if the Department
31-41 determines, in consultation with the board of trustees of the school
31-42 district, that those employees contributed to the failure of the
31-43 school to make adequate yearly progress.
32-1 (b) Develop and carry out a new curriculum at the school,
32-2 including the provision of appropriate professional development
32-3 relating to the new curriculum.
32-4 (c) Decrease the number of employees at the school who carry
32-5 out managerial duties.
32-6 (d) Appoint an expert to advise the school regarding its
32-7 progress toward making adequate yearly progress based upon the
32-8 plan for improvement of the school.
32-9 (e) Extend the school year or the school day.
32-10 (f) Restructure the internal organization of the school.
32-11 2. The Department shall grant a delay from the imposition of
32-12 corrective action for a school for a period not to exceed 1 year if
32-13 the school qualifies for a delay in the manner set forth in 20
32-14 U.S.C. § 6316(b)(7)(D). If the school fails to make adequate yearly
32-15 progress during the period of the delay, the Department may
32-16 proceed with corrective action as if the delay never occurred.
32-17 Sec. 26. 1. If a public school is designated as
32-18 demonstrating need for improvement pursuant to section 14 of this
32-19 act for 4 or more consecutive years, the support team established
32-20 for the school pursuant to section 22 of this act shall carry out the
32-21 requirements of sections 24 and 24.3 or 25 of this act, as
32-22 applicable.
32-23 2. Except as otherwise provided in subsection 3, if a public
32-24 school is designated as demonstrating need for improvement
32-25 pursuant to section 14 of this act for 4 or more consecutive years:
32-26 (a) The board of trustees of the school district shall:
32-27 (1) Provide notice of the designation to the parents and
32-28 guardians of pupils enrolled in the school on the form prescribed
32-29 by the Department pursuant to section 36 of this act; and
32-30 (2) Ensure that the school receives technical assistance in
32-31 the manner set forth in 20 U.S.C. § 6316(b)(4) and the regulations
32-32 adopted pursuant thereto.
32-33 (b) The Department shall continue a support team for the
32-34 school.
32-35 3. If a charter school is designated as demonstrating need for
32-36 improvement pursuant to section 14 of this act for 4 or more
32-37 consecutive years:
32-38 (a) The governing body of the charter school shall provide
32-39 notice of the designation to the parents and guardians of pupils
32-40 enrolled in the school on the form prescribed by the Department
32-41 pursuant to section 36 of this act.
32-42 (b) For a charter school sponsored by the board of trustees of
32-43 a school district, the board of trustees shall, in conjunction with
32-44 the governing body of the charter school, ensure that the charter
33-1 school receives technical assistance in the manner set forth in 20
33-2 U.S.C. § 6316(b)(4) and the regulations adopted pursuant thereto.
33-3 (c) For a charter school sponsored by the State Board, the
33-4 Department shall, in conjunction with the governing body of the
33-5 charter school, ensure that the charter school receives technical
33-6 assistance in the manner set forth in 20 U.S.C. § 6316(b)(4) and
33-7 the regulations adopted pursuant thereto.
33-8 (d) The Department shall continue a support team for the
33-9 charter school.
33-10 Sec. 26.3. 1. In addition to the requirements of section 26
33-11 of this act, if a Title I school is designated as demonstrating need
33-12 for improvement pursuant to section 14 of this act for 4 or more
33-13 consecutive years:
33-14 (a) Except as otherwise provided in paragraph (b), the board
33-15 of trustees of the school district shall:
33-16 (1) Provide school choice to the parents and guardians of
33-17 pupils enrolled in the school in accordance with 20 U.S.C. §
33-18 6316(b)(1) and the regulations adopted pursuant thereto;
33-19 (2) Provide supplemental educational services in
33-20 accordance with 20 U.S.C. § 6316(e) and the regulations adopted
33-21 pursuant thereto from a provider approved pursuant to section 37
33-22 of this act, unless a waiver is granted pursuant to that provision of
33-23 federal law; and
33-24 (3) Except as otherwise provided in subsection 2, proceed
33-25 with a plan for restructuring the school if required by 20 U.S.C. §
33-26 6316(b)(8) and the regulations adopted pursuant thereto.
33-27 (b) If the school is a charter school:
33-28 (1) Sponsored by the board of trustees of a school district,
33-29 the board of trustees shall:
33-30 (I) Provide school choice to the parents and guardians
33-31 of pupils enrolled in the charter school in accordance with 20
33-32 U.S.C. § 6316(b)(1); 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 (2) Sponsored by the State Board, the Department shall:
33-37 (I) Work cooperatively with the board of trustees of the
33-38 school district in which the charter school is located to provide
33-39 school choice to the parents and guardians of pupils enrolled in
33-40 the school in accordance with 20 U.S.C. § 6316(b)(1) and the
33-41 regulations adopted pursuant thereto; and
33-42 (II) Except as otherwise provided in subsection 3,
33-43 proceed with a plan for restructuring the school if required by 20
33-44 U.S.C. § 6316(b)(8) and the regulations adopted pursuant thereto.
34-1 (3) Regardless of the sponsor, the governing body of the
34-2 charter school shall provide supplemental educational services in
34-3 accordance with 20 U.S.C. § 6316(e) and the regulations adopted
34-4 pursuant thereto from a provider approved pursuant to section 37
34-5 of this act, unless a waiver is granted pursuant to that provision of
34-6 federal law.
34-7 2. The board of trustees of a school district shall grant a
34-8 delay from the imposition of a plan for restructuring for a school
34-9 for a period not to exceed 1 year if the school qualifies for a delay
34-10 pursuant to 20 U.S.C. § 6316(b)(7)(D). If the school fails to make
34-11 adequate yearly progress during the period of the delay, the board
34-12 of trustees shall proceed with a plan for restructuring the school
34-13 as if the delay never occurred.
34-14 3. The sponsor of a charter school shall grant a delay from
34-15 the imposition of a plan for restructuring for the charter school
34-16 for a period not to exceed 1 year if the charter school qualifies for
34-17 a delay pursuant to 20 U.S.C. § 6316(b)(7)(D). If the charter
34-18 school fails to make adequate yearly progress during the period of
34-19 the delay, the Department shall proceed with a plan for
34-20 restructuring the charter school as if the delay never occurred.
34-21 4. Before the board of trustees of a school district or the
34-22 Department proceeds with a plan for restructuring, the board of
34-23 trustees or the Department, as applicable, shall provide to the
34-24 administrators, teachers and other educational personnel
34-25 employed at that school, and parents and guardians of pupils
34-26 enrolled in the school:
34-27 (a) Notice that the board of trustees or the Department, as
34-28 applicable, will develop a plan for restructuring the school;
34-29 (b) An opportunity to comment before the plan to restructure is
34-30 developed; and
34-31 (c) An opportunity to participate in the development of the
34-32 plan to restructure.
34-33 Sec. 26.7. 1. Except as otherwise provided in subsection 2,
34-34 if a public school that is not a Title I school is designated as
34-35 demonstrating need for improvement pursuant to section 14 of this
34-36 act for 4 or more consecutive years for failure to make adequate
34-37 yearly progress, the support team for the school shall:
34-38 (a) If corrective action was not taken against the school
34-39 pursuant to section 25 of this act, consider whether corrective
34-40 action is appropriate for the school.
34-41 (b) If corrective action was taken against the school pursuant
34-42 to section 25 of this act, consider whether further corrective action
34-43 is appropriate or whether a plan for restructuring the school is
34-44 appropriate.
35-1 Regardless of whether a support team recommends corrective
35-2 action or restructuring for a school, the Department may take
35-3 corrective action as set forth in section 25 of this act or proceed
35-4 with a plan for restructuring the school as set forth in section 27
35-5 of this act.
35-6 2. The Department shall grant a delay from the imposition of
35-7 corrective action or restructuring pursuant to this section for a
35-8 school for a period not to exceed 1 year if the school qualifies for a
35-9 delay in the manner set forth in 20 U.S.C. § 6316(b)(7)(D). If the
35-10 school fails to make adequate yearly progress during the period of
35-11 the delay, the Department may proceed with corrective action or a
35-12 plan for restructuring the school, as appropriate, as if the delay
35-13 never occurred.
35-14 3. Before the Department proceeds with a plan for
35-15 restructuring, the board of trustees or the Department, as
35-16 applicable, shall provide to the administrators, teachers and other
35-17 educational personnel employed at that school, and parents and
35-18 guardians of pupils enrolled in the school:
35-19 (a) Notice that the board of trustees or the Department, as
35-20 applicable, will develop a plan for restructuring the school;
35-21 (b) An opportunity to comment before the plan to restructure is
35-22 developed; and
35-23 (c) An opportunity to participate in the development of the
35-24 plan to restructure.
35-25 Sec. 27. 1. If restructuring for a school is required
35-26 pursuant to 20 U.S.C. § 6316(b)(8) or if the Department
35-27 determines that restructuring is appropriate for a school pursuant
35-28 to section 26.7 of this act, the board of trustees of the school
35-29 district or the Department, as applicable, shall carry out a plan for
35-30 restructuring that includes:
35-31 (a) Replacing those employees at the school who contributed to
35-32 the failure of the school to make adequate yearly progress;
35-33 (b) Entering into a contract with an entity, including, without
35-34 limitation, a private management company, with a demonstrated
35-35 record of effectiveness to operate the public school;
35-36 (c) If the board of trustees is responsible for restructuring,
35-37 requesting that the Department oversee the operation of the public
35-38 school;
35-39 (d) If the Department is responsible for restructuring,
35-40 designating the Department as responsible for overseeing the
35-41 operation of the school; or
35-42 (e) Taking any other action to restructure the governance of
35-43 the school if the action is designed to improve the academic
35-44 achievement of pupils enrolled in the school and has substantial
36-1 promise of ensuring that the school makes adequate yearly
36-2 progress.
36-3 2. Before the board of trustees of a school district or the
36-4 Department takes action pursuant to subsection 1, the board of
36-5 trustees or the Department, as applicable, shall provide to the
36-6 administrators, teachers and other educational personnel
36-7 employed at that school, and the parents and guardians of pupils
36-8 enrolled in the school:
36-9 (a) Notice that a plan for restructuring will be carried out at
36-10 the school; and
36-11 (b) An opportunity to comment on the appropriate action that
36-12 should be carried out pursuant to subsection 1.
36-13 Secs. 28 and 29. (Deleted by amendment.)
36-14 Sec. 30. 1. On or before July 1 of each year, the
36-15 Department shall determine whether each school district is
36-16 making adequate yearly progress, as defined by the State Board
36-17 pursuant to section 4 of this act. The pupils who are enrolled in a
36-18 charter school, if any, located within a school district must not be
36-19 included in the determination made for that school district. The
36-20 determination made for each school district must be based only
36-21 upon the information and data for those pupils who were enrolled
36-22 in the school district for a full academic year, regardless of
36-23 whether those pupils attended more than one school within the
36-24 school district for that academic year.
36-25 2. Except as otherwise provided in this subsection, the
36-26 Department shall determine that a school district has failed to
36-27 make adequate yearly progress if any subgroup of pupils identified
36-28 in paragraph (b) of subsection 1 of section 4 of this act who are
36-29 enrolled in the school district does not satisfy the annual
36-30 measurable objectives established by the State Board pursuant to
36-31 that section. To comply with 20 U.S.C. § 6311(b)(2)(I) and the
36-32 regulations adopted pursuant thereto, the State Board shall
36-33 prescribe by regulation the conditions under which a school
36-34 district shall be deemed to have made adequate yearly progress
36-35 even though a subgroup of pupils identified in paragraph (b) of
36-36 subsection 1 of section 4 of this act who are enrolled in the school
36-37 district did not satisfy the annual measurable objectives of the
36-38 State Board.
36-39 3. In addition to the provisions of subsection 2, the
36-40 Department shall determine that a school district has failed to
36-41 make adequate yearly progress if:
36-42 (a) The number of pupils enrolled in the school district who
36-43 took the examinations administered pursuant to NRS 389.550 or
36-44 the high school proficiency examination, as applicable, is less
37-1 than 95 percent of all pupils enrolled in the school district who
37-2 were required to take the examinations; or
37-3 (b) Except as otherwise provided in subsection 4, for each
37-4 subgroup of pupils identified in paragraph (b) of subsection 1 of
37-5 section 4 of this act, the number of pupils enrolled in the school
37-6 district who took the examinations administered pursuant to NRS
37-7 389.550 or the high school proficiency examination, as applicable,
37-8 is less than 95 percent of all pupils in the subgroup who were
37-9 required to take the examinations.
37-10 4. If the number of pupils in a particular subgroup who are
37-11 enrolled in a school district is insufficient to yield statistically
37-12 reliable information:
37-13 (a) The Department shall not determine that the school district
37-14 has failed to make adequate yearly progress pursuant to
37-15 paragraph (b) of subsection 3 based solely upon that particular
37-16 subgroup.
37-17 (b) The pupils in such a subgroup must be included in the
37-18 overall count of pupils enrolled in the school district who took the
37-19 examinations.
37-20 The State Board shall prescribe the mechanism for determining
37-21 the minimum number of pupils that must be in a subgroup for that
37-22 subgroup to yield statistically reliable information.
37-23 Sec. 31. 1. The Department shall designate, on or before
37-24 July 1 of each year, each school district pursuant to section 32 of
37-25 this act. The initial designation of a school district as
37-26 demonstrating need for improvement must be based upon 2
37-27 consecutive years of data and information for that school district.
37-28 2. If the Department determines that a school district is
37-29 demonstrating need for improvement, the Department shall issue a
37-30 preliminary designation for that school district on July 1. Before
37-31 making a final designation for a school district, the Department
37-32 shall provide the school district an opportunity to review the data
37-33 upon which the proposed designation is based and to present
37-34 evidence in the manner set forth in 20 U.S.C. § 6316(c)(5) and
37-35 the regulations adopted pursuant thereto. Not later than August 1,
37-36 the Department shall make a final determination concerning the
37-37 designation of the school district.
37-38 3. On or before August 1 of each year, the Department shall
37-39 provide written notice of the determinations made pursuant to
37-40 section 30 of this act and the final designations made pursuant to
37-41 section 32 of this act as follows:
37-42 (a) The determinations made for all school districts in this
37-43 state to the:
37-44 (1) Governor;
37-45 (2) State Board;
38-1 (3) Committee; and
38-2 (4) Bureau.
38-3 (b) The determination made for a school district to the:
38-4 (1) Superintendent of schools of the school district; and
38-5 (2) Board of trustees of the school district.
38-6 4. On or before August 1 of each year, the Department shall
38-7 make public the results of the review of school districts pursuant
38-8 to this section and disseminate the results to school personnel,
38-9 parents and guardians, pupils and members of the general public.
38-10 The publication and distribution must be made in the manner set
38-11 forth in 20 U.S.C. § 6316(c)(1) and the regulations adopted
38-12 pursuant thereto.
38-13 Sec. 32. 1. Except as otherwise provided in paragraph (b)
38-14 of subsection 4, a school district must be designated as
38-15 demonstrating exemplary achievement if the school district:
38-16 (a) Makes adequate yearly progress, as determined by the
38-17 Department pursuant to section 30 of this act; and
38-18 (b) Satisfies the requirements prescribed by the State Board
38-19 pursuant to section 4.5 of this act.
38-20 2. Except as otherwise provided in paragraph (b) of
38-21 subsection 4, a school district must be designated as demonstrating
38-22 high achievement if the school district:
38-23 (a) Makes adequate yearly progress, as determined by the
38-24 Department pursuant to section 30 of this act; and
38-25 (b) Satisfies the requirements of the State Board prescribed
38-26 pursuant to section 4.5 of this act.
38-27 3. Except as otherwise provided in paragraph (b) of
38-28 subsection 4, a school district must be designated as demonstrating
38-29 adequate achievement if the school district makes adequate yearly
38-30 progress, as determined by the Department pursuant to section 30
38-31 of this act.
38-32 4. A school district must be designated as demonstrating need
38-33 for improvement if:
38-34 (a) The school district fails to make adequate yearly progress,
38-35 as determined by the Department pursuant to section 30 of this
38-36 act; or
38-37 (b) The school district makes adequate yearly progress, as
38-38 determined by the Department pursuant to section 30 of this act,
38-39 but was designated as demonstrating need for improvement
38-40 pursuant to paragraph (a) in the immediately preceding year for
38-41 failing to make adequate yearly progress.
38-42 The initial designation of a school district as demonstrating need
38-43 for improvement must be based upon 2 consecutive years of data
38-44 and information for that school district.
39-1 5. If a school district is designated as demonstrating need for
39-2 improvement pursuant to paragraph (a) of subsection 4, the
39-3 designation of the school district as demonstrating need for
39-4 improvement must not be removed until the school district has
39-5 made adequate yearly progress for 2 consecutive years.
39-6 Sec. 33. 1. If a school district is designated as
39-7 demonstrating need for improvement pursuant to section 32 of this
39-8 act, the Department shall provide notice of the designation to the
39-9 parents and guardians of pupils enrolled in the school district on
39-10 the form prescribed by the Department pursuant to section 36 of
39-11 this act. The State Board shall prescribe, by regulation, the time by
39-12 which such notice must be provided.
39-13 2. If a school district is designated as demonstrating need for
39-14 improvement pursuant to section 32 of this act, the Department
39-15 and any other entity authorized by the Department, including,
39-16 without limitation, the Bureau, shall provide technical assistance
39-17 to the school district in the manner set forth in 20 U.S.C. §
39-18 6316(c)(9) and the regulations adopted pursuant thereto.
39-19 3. Except as otherwise provided in section 35 of this act, after
39-20 providing technical assistance pursuant to subsection 2, the
39-21 Department may take corrective action in the manner set forth in
39-22 20 U.S.C. § 6316(c)(10) and the regulations adopted pursuant
39-23 thereto against a school district that is designated as
39-24 demonstrating need for improvement, including, without
39-25 limitation, a school district that is not a Title I school district.
39-26 4. Except as otherwise provided in section 35 of this act, if a
39-27 Title I school district is designated as demonstrating need for
39-28 improvement for 3 or more consecutive years, the Department
39-29 shall take corrective action as set forth in 20 U.S.C. § 6316(c)(10)
39-30 and the regulations adopted pursuant thereto against the school
39-31 district.
39-32 Sec. 34. 1. Except as otherwise provided in section 35 of
39-33 this act, if corrective action for a school district is required
39-34 pursuant to 20 U.S.C. § 6316(c)(10) or if the Department
39-35 determines that corrective action is appropriate for a school
39-36 district pursuant to subsection 3 of section 33 of this act, the
39-37 Department shall take one or more of the following corrective
39-38 actions:
39-39 (a) Deferring money for programs or reducing money for
39-40 administrative purposes.
39-41 (b) Instituting and fully carrying out a new curriculum that is
39-42 based upon the standards of content and performance adopted by
39-43 the State Board pursuant to NRS 389.520, including, without
39-44 limitation, the provision of appropriate professional development
39-45 relating to the new curriculum.
40-1 (c) Replacing employees of the school district if the
40-2 Department determines that those employees contributed to the
40-3 failure of the school district to make adequate yearly progress.
40-4 (d) Removing particular schools within the school district from
40-5 the jurisdiction of the school district and establishing an
40-6 alternative system of governance and supervision for those
40-7 schools.
40-8 (e) Appointing a receiver or trustee to administer the affairs of
40-9 the school district.
40-10 (f) Taking appropriate steps to abolish the school district,
40-11 including, without limitation, making recommendations to the
40-12 Legislature for revisions to applicable statutes to abolish
40-13 the school district.
40-14 (g) Authorizing pupils to transfer from schools operated by the
40-15 school district to schools operated by another school district that
40-16 are not designated as demonstrating need for improvement.
40-17 2. Before carrying out corrective action pursuant to this
40-18 section, the Department shall provide notice to the board of
40-19 trustees of the school district and an opportunity for a hearing.
40-20 The Department shall continue to provide technical assistance
40-21 pursuant to subsection 2 of section 33 of this act during the time
40-22 that the corrective action is carried out.
40-23 3. If corrective action is taken against a school district
40-24 pursuant to this section, the Department shall, not later than 10
40-25 days after the corrective action is taken, provide notice to the
40-26 parents and guardians of pupils enrolled in the school district, the
40-27 Governor, the Committee, the Bureau and the general public
40-28 concerning the corrective action. The notice must comply with 20
40-29 U.S.C. § 6316(c)(10).
40-30 Sec. 35. The Department shall grant a delay from the
40-31 imposition of corrective action for a school district for a period not
40-32 to exceed 1 year if the school district qualifies for a delay in the
40-33 manner set forth in 20 U.S.C. § 6316(c)(10)(F). If the school
40-34 district fails to make adequate yearly progress during the period of
40-35 the delay, the Department shall proceed with corrective action as if
40-36 the delay never occurred.
40-37 Sec. 36. 1. The Department shall prescribe a form for
40-38 notice to parents and guardians concerning the designation of a
40-39 public school as demonstrating need for improvement pursuant to
40-40 section 14 of this act. For Title I schools, the notice must comply
40-41 with 20 U.S.C. § 6316(b)(6) and the regulations adopted pursuant
40-42 thereto.
40-43 2. The Department shall prescribe a form for notice to
40-44 parents and guardians pursuant to section 33 of this act
40-45 concerning the designation of a school district as demonstrating
41-1 need for improvement. For Title I school districts, the notice must
41-2 comply with 20 U.S.C. § 6316(c)(6) and the regulations adopted
41-3 pursuant thereto.
41-4 Sec. 37. 1. The Department shall select, in the manner set
41-5 forth in 20 U.S.C. § 6316(e) and the regulations adopted pursuant
41-6 thereto, providers of supplemental educational services that must
41-7 be used by Title I schools designated as demonstrating need for
41-8 improvement pursuant to sections 21, 24.7 and 26.3 of this act. In
41-9 making a selection of providers, the Department shall consider the
41-10 recommendations submitted by the Committee pursuant to NRS
41-11 218.5354.
41-12 2. The Department shall maintain an updated list of approved
41-13 providers throughout this state, categorized by the school districts
41-14 in which the supplemental educational services are offered.
41-15 Sec. 38. NRS 385.007 is hereby amended to read as follows:
41-16 385.007 As used in this title, unless the context otherwise
41-17 requires:
41-18 1. “Charter school” means a public school that is formed
41-19 pursuant to the provisions of NRS 386.500 to 386.610, inclusive[.] ,
41-20 and section 46 of this act.
41-21 2. “Department” means the Department of Education.
41-22 3. “Limited English proficient” has the meaning ascribed to
41-23 it in 20 U.S.C. § 7801(25).
41-24 4. “Public schools” means all kindergartens and elementary
41-25 schools, junior high schools and middle schools, high schools,
41-26 charter schools and any other schools, classes and educational
41-27 programs which receive their support through public taxation and,
41-28 except for charter schools, whose textbooks and courses of study are
41-29 under the control of the State Board.
41-30 [4.] 5. “State Board” means the State Board of Education.
41-31 Sec. 39. NRS 385.230 is hereby amended to read as follows:
41-32 385.230 1. The Superintendent of Public Instruction shall
41-33 report to the Governor biennially, on or before December 1, in the
41-34 year immediately preceding a regular session of the Legislature
41-35 concerning matters relating to education in this state[.] , including,
41-36 without limitation, an analysis of each annual report of
41-37 accountability prepared by the State Board pursuant to section 6
41-38 of this act in the immediately preceding 2 years.
41-39 2. The Superintendent of Public Instruction shall report to the
41-40 Legislature during each regular session of the Legislature
41-41 concerning matters relating to education in this state[.] , including,
41-42 without limitation, an analysis of each annual report of
41-43 accountability prepared by the State Board pursuant to section 6
41-44 of this act in the immediately preceding 2 years.
42-1 Sec. 40. NRS 385.3455 is hereby amended to read as follows:
42-2 385.3455 As used in NRS 385.3455 to 385.391, inclusive, and
42-3 sections 2 to 37, inclusive, of this act, unless the context otherwise
42-4 requires, the words and terms defined in NRS 385.346 and 385.3465
42-5 and sections 2 and 3 of this act have the meanings ascribed to them
42-6 in those sections.
42-7 Sec. 41. NRS 385.347 is hereby amended to read as follows:
42-8 385.347 1. The board of trustees of each school district in
42-9 this state, in cooperation with associations recognized by the State
42-10 Board as representing licensed personnel in education in the district,
42-11 shall adopt a program providing for the accountability of the school
42-12 district to the residents of the district and to the State Board for the
42-13 quality of the schools and the educational achievement of the pupils
42-14 in the district, including, without limitation, pupils enrolled in
42-15 charter schools in the school district. The board of trustees of a
42-16 school district shall report the information required by subsection 2
42-17 for each charter school within the school district, regardless of the
42-18 sponsor of the charter school.
42-19 2. The board of trustees of each school district shall, on or
42-20 before [March 31] August 15 of each year, [report to the residents of
42-21 the district] prepare an annual report of accountability concerning:
42-22 (a) The educational goals and objectives of the school district.
42-23 (b) Pupil achievement for [grades 4, 8, 10 and 11 for] each
42-24 school in the district and the district as a whole, including, without
42-25 limitation, each charter school in the district.[Unless otherwise
42-26 directed by the Department, the] The board of trustees of the district
42-27 shall base its report on the results of the examinations administered
42-28 pursuant to NRS 389.015 and 389.550 and shall compare the results
42-29 of those examinations for the current school year with those of
42-30 previous school years. The report must include, for each school in
42-31 the district, including, without limitation, each charter school in the
42-32 district, and each grade in which the examinations were
42-33 administered:
42-34 (1) The number of pupils who took the examinations;
42-35 (2) An explanation of instances in which a school was
42-36 exempt from administering or a pupil was exempt from taking an
42-37 examination; [and]
42-38 (3) A record of attendance for the period in which the
42-39 examinations were administered, including an explanation of any
42-40 difference in the number of pupils who took the examinations and
42-41 the number of pupils who are enrolled in the school[.
42-42 In addition, the board shall also report the results of other
42-43 examinations of pupil achievement administered to pupils in the
42-44 school district in grades other than 4, 8, 10 and 11. The results of
43-1 these examinations for the current school year must be compared
43-2 with those of previous school years.] ;
43-3 (4) Except as otherwise provided in this paragraph, pupil
43-4 achievement, reported separately by gender and reported
43-5 separately for the following subgroups of pupils:
43-6 (I) Pupils who are economically disadvantaged, as
43-7 defined by the State Board;
43-8 (II) Pupils from major racial and ethnic groups, as
43-9 defined by the State Board;
43-10 (III) Pupils with disabilities;
43-11 (IV) Pupils who are limited English proficient; and
43-12 (V) Pupils who are migratory children, as defined by the
43-13 State Board;
43-14 (5) A comparison of the achievement of pupils in each
43-15 subgroup identified in paragraph (b) of subsection 1 of section 4
43-16 of this act with the annual measurable objectives of the State
43-17 Board;
43-18 (6) The percentage of pupils who were not tested;
43-19 (7) Except as otherwise provided in this paragraph, the
43-20 percentage of pupils who were not tested, reported separately by
43-21 gender and reported separately for the subgroups identified in
43-22 subparagraph (4);
43-23 (8) The most recent 3-year trend in pupil achievement in
43-24 each subject area tested and each grade level tested pursuant to
43-25 NRS 389.015 and 389.550, which may include information
43-26 regarding the trend in the achievement of pupils for more than 3
43-27 years, if such information is available;
43-28 (9) Information that compares the results of pupils in the
43-29 school district, including, without limitation, pupils enrolled in
43-30 charter schools in the district, with the results of pupils
43-31 throughout this state. The information required by this
43-32 subparagraph must be provided in consultation with the
43-33 Department to ensure the accuracy of the comparison; and
43-34 (10) For each school in the district, including, without
43-35 limitation, each charter school in the district, information that
43-36 compares the results of pupils in the school with the results of
43-37 pupils throughout the school district and throughout this state.
43-38 The information required by this subparagraph must be provided
43-39 in consultation with the Department to ensure the accuracy of the
43-40 comparison.
43-41 A separate reporting for a subgroup of pupils must not be made
43-42 pursuant to this paragraph if the number of pupils in that
43-43 subgroup is insufficient to yield statistically reliable information
43-44 or the results would reveal personally identifiable information
43-45 about an individual pupil. The State Board shall prescribe the
44-1 mechanism for determining the minimum number of pupils that
44-2 must be in a subgroup for that subgroup to yield statistically
44-3 reliable information.
44-4 (c) The ratio of pupils to teachers in kindergarten and at each
44-5 grade level for each elementary school in the district and the district
44-6 as a whole, including, without limitation, each charter school in the
44-7 district, and the average class size for each [required course of
44-8 study] core academic subject, as set forth in NRS 389.018, for each
44-9 secondary school in the district and the district as a whole,
44-10 including, without limitation, each charter school in the district . [,
44-11 and other data concerning licensed and unlicensed employees of the
44-12 school district.
44-13 (d) The percentage of classes taught by teachers who have been
44-14 assigned to teach English, mathematics, science or social studies but
44-15 do not possess a license with an endorsement to teach in that subject
44-16 area, for each school in the district and the district as a whole,
44-17 including, without limitation, each charter school in the district.]
44-18 (d) Information on the professional qualifications of teachers
44-19 employed by each school in the district and the district as a whole,
44-20 including, without limitation, each charter school in the district.
44-21 The information must include, without limitation:
44-22 (1) The percentage of teachers who are:
44-23 (I) Providing instruction pursuant to NRS 391.125;
44-24 (II) Providing instruction pursuant to a waiver of the
44-25 requirements for licensure for the grade level or subject area in
44-26 which the teachers are employed; or
44-27 (III) Otherwise providing instruction without an
44-28 endorsement for the subject area in which the teachers are
44-29 employed;
44-30 (2) The percentage of classes in the core academic subjects,
44-31 as set forth in NRS 389.018, that are not taught by highly qualified
44-32 teachers; and
44-33 (3) The percentage of classes in the core academic subjects,
44-34 as set forth in NRS 389.018, that are not taught by highly qualified
44-35 teachers, in the aggregate and disaggregated by high-poverty
44-36 compared to low-poverty schools, which for the purposes of this
44-37 subparagraph, means schools in the top quartile of poverty and
44-38 the bottom quartile of poverty in this state.
44-39 (e) The total expenditure per pupil for each school in the district
44-40 and the district as a whole, including, without limitation, each
44-41 charter school in the district. If this state has a financial analysis
44-42 program that is designed to track educational expenditures and
44-43 revenues to individual schools, each school district shall use that
44-44 statewide program in complying with this paragraph. If a
44-45 statewide program is not available, each school district shall use
45-1 its own financial analysis program in complying with this
45-2 paragraph.
45-3 (f) The curriculum used by the school district, including:
45-4 (1) Any special programs for pupils at an individual school;
45-5 and
45-6 (2) The curriculum used by each charter school in the
45-7 district.
45-8 (g) Records of the attendance and truancy of pupils in all grades,
45-9 including, without limitation[, the] :
45-10 (1) The average daily attendance of pupils, for each school in
45-11 the district and the district as a whole, including, without limitation,
45-12 each charter school in the district.
45-13 (2) For each elementary school, middle school and junior
45-14 high school in the district, including, without limitation, each
45-15 charter school in the district that provides instruction to pupils
45-16 enrolled in a grade level other than high school, information that
45-17 compares the attendance of the pupils enrolled in the school with
45-18 the attendance of pupils throughout the district and throughout
45-19 this state. The information required by this subparagraph must be
45-20 provided in consultation with the Department to ensure the
45-21 accuracy of the comparison.
45-22 (h) The annual rate of pupils who drop out of school in grades 9
45-23 to 12, inclusive, for each such grade, for each school in the district
45-24 and for the district as a whole, excluding pupils who:
45-25 (1) Provide proof to the school district of successful
45-26 completion of the examinations of general educational development.
45-27 (2) Are enrolled in courses that are approved by the
45-28 Department as meeting the requirements for an adult standard
45-29 diploma.
45-30 (3) Withdraw from school to attend another school.
45-31 (i) Records of attendance of teachers who provide instruction,
45-32 for each school in the district and the district as a whole, including,
45-33 without limitation, each charter school in the district.
45-34 (j) Efforts made by the school district and by each school in the
45-35 district, including, without limitation, each charter school in the
45-36 district, to increase:
45-37 (1) Communication with the parents of pupils in the district;
45-38 and
45-39 (2) The participation of parents in the educational process
45-40 and activities relating to the school district and each school,
45-41 including, without limitation, the existence of parent organizations
45-42 and school advisory committees.
45-43 (k) Records of incidents involving weapons or violence for each
45-44 school in the district, including, without limitation, each charter
45-45 school in the district.
46-1 (l) Records of incidents involving the use or possession of
46-2 alcoholic beverages or controlled substances for each school in the
46-3 district, including, without limitation, each charter school in the
46-4 district.
46-5 (m) Records of the suspension and expulsion of pupils required
46-6 or authorized pursuant to NRS 392.466 and 392.467.
46-7 (n) The number of pupils who are deemed habitual disciplinary
46-8 problems pursuant to NRS 392.4655, for each school in the district
46-9 and the district as a whole, including, without limitation, each
46-10 charter school in the district.
46-11 (o) The number of pupils in each grade who are retained in the
46-12 same grade pursuant to NRS 392.033 or 392.125, for each school in
46-13 the district and the district as a whole, including, without limitation,
46-14 each charter school in the district.
46-15 (p) The transiency rate of pupils for each school in the district
46-16 and the district as a whole, including, without limitation, each
46-17 charter school in the district. For the purposes of this paragraph, a
46-18 pupil is not transient if he is transferred to a different school within
46-19 the school district as a result of a change in the zone of attendance
46-20 by the board of trustees of the school district pursuant to
46-21 NRS 388.040.
46-22 (q) Each source of funding for the school district.
46-23 (r) The amount and sources of money received for remedial
46-24 education for each school in the district and the district as a whole,
46-25 including, without limitation, each charter school in the district.
46-26 (s) For each high school in the district, including, without
46-27 limitation, each charter school in the district, the percentage of
46-28 pupils who graduated from that high school or charter school in the
46-29 immediately preceding year and enrolled in remedial courses in
46-30 reading, writing or mathematics at a university or community
46-31 college within the University and Community College System of
46-32 Nevada.
46-33 (t) The technological facilities and equipment available at each
46-34 school, including, without limitation, each charter school, and the
46-35 district’s plan to incorporate educational technology at each school.
46-36 (u) For each school in the district and the district as a whole,
46-37 including, without limitation, each charter school in the district, the
46-38 number and percentage of pupils who [graduate with:] received:
46-39 (1) A standard high school diploma.
46-40 (2) An adjusted diploma.
46-41 (3) A certificate of attendance.
46-42 (v) For each school in the district and the district as a whole,
46-43 including, without limitation, each charter school in the district, the
46-44 number and percentage of pupils who did not receive a high school
47-1 diploma because the pupils failed to pass the high school
47-2 proficiency examination.
47-3 (w) The number of habitual truants who are reported to a school
47-4 police officer or law enforcement agency pursuant to paragraph (a)
47-5 of subsection 2 of NRS 392.144 and the number of habitual truants
47-6 who are referred to an advisory board to review school attendance
47-7 pursuant to paragraph (b) of subsection 2 of NRS 392.144, for each
47-8 school in the district and for the district as a whole.
47-9 (x) The amount and sources of money received for the training
47-10 and professional development of teachers and other educational
47-11 personnel for each school in the district and for the district as a
47-12 whole, including, without limitation, each charter school in the
47-13 district.
47-14 (y) Whether the school district has made adequate yearly
47-15 progress. If the school district has been designated as
47-16 demonstrating need for improvement pursuant to section 32 of this
47-17 act, the report must include a statement indicating the number of
47-18 consecutive years the school district has carried that designation.
47-19 (z) Information on whether each public school in the district,
47-20 including, without limitation, each charter school in the district,
47-21 has made adequate yearly progress, including, without limitation:
47-22 (1) The number and percentage of schools in the district, if
47-23 any, that have been designated as needing improvement pursuant
47-24 to section 14 of this act; and
47-25 (2) The name of each school, if any, in the district that has
47-26 been designated as needing improvement pursuant to section 14 of
47-27 this act and the number of consecutive years that the school has
47-28 carried that designation.
47-29 (aa) Information on the paraprofessionals employed by each
47-30 public school in the district, including, without limitation, each
47-31 charter school in the district. The information must include:
47-32 (1) The number of paraprofessionals employed at the
47-33 school; and
47-34 (2) The number and percentage of all paraprofessionals
47-35 who do not satisfy the qualifications set forth in 20 U.S.C. §
47-36 6319(c). The reporting requirements of this subparagraph apply to
47-37 paraprofessionals who are employed in positions supported with
47-38 Title I money and to paraprofessionals who are not employed in
47-39 positions supported with Title I money.
47-40 (bb) For each high school in the district, including, without
47-41 limitation, each charter school that operates as a high school,
47-42 information that provides a comparison of the rate of graduation
47-43 of pupils enrolled in the high school with the rate of graduation of
47-44 pupils throughout the district and throughout this state. The
47-45 information required by this paragraph must be provided in
48-1 consultation with the Department to ensure the accuracy of the
48-2 comparison.
48-3 (cc) An identification of the appropriations made by the
48-4 Legislature that are available to the school district or the schools
48-5 within the district and programs approved by the Legislature to
48-6 improve the academic achievement of pupils.
48-7 (dd) Such other information as is directed by the Superintendent
48-8 of Public Instruction.
48-9 3. The records of attendance maintained by a school for
48-10 purposes of paragraph (i) of subsection 2 must include the number
48-11 of teachers who are in attendance at school and the number of
48-12 teachers who are absent from school. A teacher shall be deemed in
48-13 attendance if the teacher is excused from being present in the
48-14 classroom by the school in which he is employed for one of
48-15 the following reasons:
48-16 (a) Acquisition of knowledge or skills relating to the
48-17 professional development of the teacher; or
48-18 (b) Assignment of the teacher to perform duties for cocurricular
48-19 or extracurricular activities of pupils.
48-20 4. The annual report of accountability prepared pursuant to
48-21 subsection 2 must:
48-22 (a) Comply with 20 U.S.C. § 6311(h)(2) and the regulations
48-23 adopted pursuant thereto; and
48-24 (b) Be presented in an understandable and uniform format
48-25 and to the extent practicable, provided in a language that parents
48-26 can understand.
48-27 5. The Superintendent of Public Instruction shall:
48-28 (a) Prescribe forms for the reports required pursuant to
48-29 subsection 2 and provide the forms to the respective school districts.
48-30 (b) Provide statistical information and technical assistance to the
48-31 school districts to ensure that the reports provide comparable
48-32 information with respect to each school in each district and among
48-33 the districts[.] throughout this state.
48-34 (c) Consult with a representative of the:
48-35 (1) Nevada State Education Association;
48-36 (2) Nevada Association of School Boards;
48-37 (3) Nevada Association of School Administrators;
48-38 (4) Nevada Parent [Teachers] Teacher Association;
48-39 (5) Budget Division of the Department of Administration;
48-40 and
48-41 (6) Legislative Counsel Bureau,
48-42 concerning the program and consider any advice or
48-43 recommendations submitted by the representatives with respect to
48-44 the program.
49-1 [5.] 6. The Superintendent of Public Instruction may consult
49-2 with representatives of parent groups other than the Nevada Parent
49-3 Teachers Association concerning the program and consider any
49-4 advice or recommendations submitted by the representatives with
49-5 respect to the program.
49-6 [6.] 7. On or before April [15] 1 of each year, the board of
49-7 trustees of each school district shall submit to [each] :
49-8 (a) Each advisory board to review school attendance created in
49-9 the county pursuant to NRS 392.126 the information required in
49-10 paragraph (g) of subsection 2.
49-11 (b) The Commission on Educational Technology created by
49-12 NRS 388.790 the information prepared by the board of trustees
49-13 pursuant to paragraph (t) of subsection 2.
49-14 8. On or before August 15 of each year, the board of trustees
49-15 of each school district shall:
49-16 (a) Submit the report required pursuant to subsection 2 to the:
49-17 (1) Governor;
49-18 (2) State Board;
49-19 (3) Department;
49-20 (4) Committee; and
49-21 (5) Bureau.
49-22 (b) Provide for public dissemination of the annual report of
49-23 accountability prepared pursuant to subsection 2 in the manner
49-24 set forth in 20 U.S.C. § 6311(h)(2)(E) to the schools in the school
49-25 district, including, without limitation, each charter school in the
49-26 district, the residents of the district, and the parents and guardians
49-27 of pupils enrolled in schools in the district, including, without
49-28 limitation, each charter school in the district.
49-29 9. As used in this section:
49-30 (a) “Highly qualified” has the meaning ascribed to it in 20
49-31 U.S.C. § 7801(23).
49-32 (b) “Paraprofessional” has the meaning ascribed to it in
49-33 section 84 of this act.
49-34 Sec. 42. (Deleted by amendment.)
49-35 Sec. 43. NRS 385.359 is hereby amended to read as follows:
49-36 385.359 1. The Bureau shall contract with a person or entity
49-37 to:
49-38 (a) Review and analyze , [the information submitted to the
49-39 Bureau pursuant to NRS 385.351] in accordance with the standards
49-40 prescribed by the Committee pursuant to subsection 2 of NRS
49-41 218.5354[;] , the:
49-42 (1) Annual report of accountability prepared by:
49-43 (I) The State Board pursuant to section 6 of this act;
49-44 and
50-1 (II) The board of trustees of each school district
50-2 pursuant to NRS 385.347.
50-3 (2) Plan to improve the achievement of pupils prepared by:
50-4 (I) The State Board pursuant to section 7 of this act;
50-5 (II) The board of trustees of each school district
50-6 pursuant to section 8 of this act; and
50-7 (III) Each school pursuant to section 9 of this act
50-8 identified by the Bureau for review, if any.
50-9 (b) Submit a written report to and consult with the State Board
50-10 and the Department regarding any methods by which the State
50-11 Board may improve the accuracy of the report of accountability
50-12 required pursuant to section 6 of this act and the plan to improve
50-13 the achievement of pupils required pursuant to section 7 of this
50-14 act, and the purposes for which the report and plan to improve are
50-15 used.
50-16 (c) Submit a written report to and consult with each school
50-17 district regarding any methods by which the district may improve
50-18 the accuracy of the report required pursuant to subsection 2 of NRS
50-19 385.347 and the [written report and written procedure required
50-20 pursuant to NRS 385.351,] plan to improve the achievement of
50-21 pupils required pursuant to section 8 of this act, and the purposes
50-22 for which the [reports and
written procedure are used; and
50-23 (c)] report and plan
to improve are used.
50-24 (d) If requested by the Bureau, submit a written report to and
50-25 consult with individual schools identified by the Bureau regarding
50-26 any methods by which the school may improve the accuracy of the
50-27 information required to be reported for the school pursuant to
50-28 subsection 2 of NRS 385.347 and the plan to improve the
50-29 achievement of pupils required pursuant to section 9 of this act.
50-30 (e) Submit written reports and any recommendations to the
50-31 Committee and the Bureau concerning:
50-32 (1) The effectiveness of the provisions of NRS 385.3455 to
50-33 385.391, inclusive, and sections 2 to 37, inclusive, of this act in
50-34 improving the accountability of the schools of this state;
50-35 (2) The status of each school district that is designated as
50-36 demonstrating need for improvement pursuant to section 32 of this
50-37 act and each school that is designated as demonstrating need for
50-38 improvement pursuant to [NRS 385.367 and 385.368;] section 14 of
50-39 this act; and
50-40 (3) Any other matter related to the accountability of the
50-41 public schools of this state, as deemed necessary by the Bureau.
50-42 2. The consultant with whom the Bureau contracts to perform
50-43 the duties required pursuant to subsection 1[:
50-44 (a) Must] must possess the experience and knowledge necessary
50-45 to perform those duties, as determined by the Committee . [; and
51-1 (b) Shall complete those duties within 6 months after the Bureau
51-2 provides to the consultant the report required pursuant to subsection
51-3 2 of NRS 385.347 and the written report and written procedure
51-4 required pursuant to NRS 385.351.]
51-5 Sec. 44. NRS 385.389 is hereby amended to read as follows:
51-6 385.389 1. The Department shall adopt programs of remedial
51-7 study for each subject tested on the examinations administered
51-8 pursuant to NRS 389.015[.] , including, without limitation,
51-9 programs that are designed for pupils who are limited English
51-10 proficient. The programs adopted for pupils who are limited
51-11 English proficient must be designed to:
51-12 (a) Improve the academic achievement of those pupils; or
51-13 (b) Assist those pupils with attaining proficiency in the English
51-14 language.
51-15 In adopting these programs of remedial study, the Department shall
51-16 consider the recommendations submitted by the Committee pursuant
51-17 to NRS 218.5354 and programs of remedial study that have proven
51-18 to be successful in improving the academic achievement of pupils.
51-19 2. [A school that receives a designation as demonstrating need
51-20 for improvement pursuant to paragraph (a) of subsection 1 of NRS
51-21 385.367] Except as otherwise provided in section 13 of this act, if a
51-22 school fails to make adequate yearly progress or if less than 60
51-23 percent of the pupils enrolled in a school who took the
51-24 examinations administered pursuant to NRS 389.015 received an
51-25 average score on those examinations that is at least equal to the
51-26 26th percentile of the national reference group of pupils to which
51-27 the examinations were compared, the school shall adopt a program
51-28 of remedial study that has been adopted by the Department pursuant
51-29 to subsection 1.
51-30 3. [A] Except as otherwise provided in section 13 of this act, a
51-31 school district that includes a school [which receives a designation
51-32 of demonstrating need for improvement pursuant to paragraph (a) of
51-33 subsection 1 of NRS 385.367] described in subsection 2 shall
51-34 ensure that each of the pupils enrolled in the school who failed to
51-35 demonstrate at least adequate achievement on the examinations
51-36 administered pursuant to NRS 389.015 completes, in accordance
51-37 with the requirements set forth in subsection [5] 4 of NRS 389.015,
51-38 remedial study that is determined to be appropriate for the pupil.
51-39 Sec. 45. NRS 385.391 is hereby amended to read as follows:
51-40 385.391 1. The Department shall adopt:
51-41 [1.] (a) Regulations to provide for the recognition of schools
51-42 that [receive] :
51-43 (1) Receive a designation as demonstrating exemplary
51-44 achievement or high achievement pursuant to [NRS 385.365;
52-1 2. Regulations which prescribe the factors that
the Department
52-2 will consider in determining
whether to grant a waiver from the
52-3 establishment of a panel to
supervise the academic probation of a
52-4 school pursuant to NRS 385.378,
including, without limitation,
52-5 criteria for determining whether:
52-6 (a)
A school has significantly improved for the purpose of
52-7 subsection 3 of NRS 385.378; and
52-8 (b)
The number of pupils enrolled in a school who take the
52-9 examinations required pursuant to
NRS 389.015 has significantly
52-10 increased for the purpose of
subsection 4 of NRS 385.378; and
52-11 3.] section 14 of
this act.
52-12 (2) Significantly improve the academic achievement of
52-13 subgroups of pupils identified in paragraph (b) of subsection 1 of
52-14 section 4 of this act.
52-15 (3) Exceed adequate yearly progress, as determined by the
52-16 Department pursuant to section 10 of this act, for 2 or more
52-17 consecutive years.
52-18 (b) Such regulations as it deems necessary to carry out the
52-19 provisions of this section and NRS 385.3455 to [385.386,] 385.391,
52-20 inclusive, and sections 2 to 37 inclusive, of this act, including,
52-21 without limitation, uniform standards for the type and format of data
52-22 that must be submitted by the school districts and the time by which
52-23 such data must be submitted.
52-24 2. The Department may work in consultation with the Bureau
52-25 for identifying and publicizing the achievement of schools that are
52-26 recognized pursuant to paragraph (a) of subsection 1.
52-27 Sec. 46. Chapter 386 of NRS is hereby amended by adding
52-28 thereto a new section to read as follows:
52-29 1. A person who is initially hired as a paraprofessional by a
52-30 charter school after January 8, 2002, to work in a program
52-31 supported with Title I money must possess the qualifications
52-32 required by 20 U.S.C. § 6319(c).
52-33 2. A person who is employed as a paraprofessional by a
52-34 charter school, regardless of the date of hire, to work in a program
52-35 supported with Title I money must possess, on or before
52-36 January 8, 2006, the qualifications required by 20 U.S.C. §
52-37 6319(c).
52-38 3. For the purposes of this section, a person is not “initially
52-39 hired” if he has been employed as a paraprofessional by another
52-40 school district or charter school in this state without an
52-41 interruption in employment before the date of hire by his current
52-42 employer.
52-43 4. As used in this section, “paraprofessional” has the
52-44 meaning ascribed to it in section 84 of this act.
53-1 Sec. 47. NRS 386.500 is hereby amended to read as follows:
53-2 386.500 For the purposes of NRS 386.500 to 386.610,
53-3 inclusive, and section 46 of this act, a pupil is “at risk” if he has an
53-4 economic or academic disadvantage such that he requires special
53-5 services and assistance to enable him to succeed in educational
53-6 programs. The term includes, without limitation, pupils who are
53-7 members of economically disadvantaged families, pupils [with
53-8 limited proficiency in the English language,] who are limited
53-9 English proficient, pupils who are at risk of dropping out of high
53-10 school and pupils who do not meet minimum standards of academic
53-11 proficiency. The term does not include a pupil with a disability.
53-12 Secs. 48-52. (Deleted by amendment.)
53-13 Sec. 53. NRS 386.590 is hereby amended to read as follows:
53-14 386.590 1. Except as otherwise provided in this subsection,
53-15 at least 70 percent of the teachers who provide instruction at a
53-16 charter school must be licensed teachers. If a charter school is a
53-17 vocational school, the charter school shall, to the extent practicable,
53-18 ensure that at least 70 percent of the teachers who provide
53-19 instruction at the school are licensed teachers, but in no event may
53-20 more than 50 percent of the teachers who provide instruction at the
53-21 school be unlicensed teachers.
53-22 2. A governing body of a charter school shall employ:
53-23 (a) If the charter school offers instruction in kindergarten or
53-24 grade 1, 2, 3, 4 or 5, a licensed teacher to teach pupils who are
53-25 enrolled in those grades. If required by subsection 3 or 4, such a
53-26 teacher must possess the qualifications required by 20 U.S.C. §
53-27 6319(a).
53-28 (b) [If] Except as otherwise provided in subsections 3 and 4, if
53-29 the charter school offers instruction in grade 6, 7, 8, 9, 10, 11 or 12,
53-30 a licensed teacher to teach pupils who are enrolled in those grades
53-31 for the following courses of study:
53-32 (1) English, including reading, composition and writing;
53-33 (2) Mathematics;
53-34 (3) Science; and
53-35 (4) Social studies, which includes only the subjects of
53-36 history, geography, economics and government.
53-37 (c) In addition to the requirements of paragraphs (a) and (b):
53-38 (1) If a charter school specializes in arts and humanities,
53-39 physical education or health education, a licensed teacher to teach
53-40 those courses of study.
53-41 (2) If a charter school specializes in the construction industry
53-42 or other building industry, licensed teachers to teach courses of
53-43 study relating to the industry if those teachers are employed full
53-44 time.
54-1 (3) If a charter school specializes in the construction industry
54-2 or other building industry and the school offers courses of study in
54-3 computer education, technology or business, licensed teachers to
54-4 teach those courses of study if those teachers are employed full
54-5 time.
54-6 3. A person who is initially hired by the governing body of a
54-7 charter school on or after January 8, 2002, to teach in a program
54-8 supported with money from Title I must possess the qualifications
54-9 required by 20 U.S.C. § 6319(a). For the purposes of this
54-10 subsection, a person is not “initially hired” if he has been
54-11 employed as a teacher by another school district or charter school
54-12 in this state without an interruption in employment before the date
54-13 of hire by his current employer.
54-14 4. A teacher who is employed by a charter school, regardless
54-15 of the date of hire, must, on or before July 1, 2006, possess the
54-16 qualifications required by 20 U.S.C. § 6319(a) if he teaches one or
54-17 more of the following subjects:
54-18 (a) English, reading or language arts;
54-19 (b) Mathematics;
54-20 (c) Science;
54-21 (d) Foreign language;
54-22 (e) Civics or government;
54-23 (f) Economics;
54-24 (g) Geography;
54-25 (h) History; or
54-26 (i) The arts.
54-27 5. A charter school may employ a person who is not licensed
54-28 pursuant to the provisions of chapter 391 of NRS to teach a course
54-29 of study for which a licensed teacher is not required pursuant to
54-30 [subsection 2] subsections 2, 3 and 4 if the person has:
54-31 (a) A degree, a license or a certificate in the field for which he is
54-32 employed to teach at the charter school; and
54-33 (b) At least 2 years of experience in that field.
54-34 [4.] 6. A charter school may employ such administrators for
54-35 the school as it deems necessary. A person employed as an
54-36 administrator must possess:
54-37 (a) A master’s degree in school administration, public
54-38 administration or business administration; or
54-39 (b) If the person has at least 5 years of experience in
54-40 administration, a baccalaureate degree.
54-41 [5.] 7. A charter school shall not employ a person pursuant to
54-42 this section if his license to teach or provide other educational
54-43 services has been revoked or suspended in this state or another state.
54-44 [6.] 8. On or before November 15 of each year, a charter
54-45 school shall submit to the Department, in a format prescribed by the
55-1 Superintendent of Public Instruction, the following information for
55-2 each licensed employee who is employed by the governing body on
55-3 October 1 of that year:
55-4 (a) The amount of salary of the employee; and
55-5 (b) The designated assignment, as that term is defined by the
55-6 Department, of the employee.
55-7 Sec. 54. NRS 386.605 is hereby amended to read as follows:
55-8 386.605 1. On or before January 1 of each year, the
55-9 governing body of each charter school shall submit the information
55-10 concerning the charter school that is required pursuant to subsection
55-11 2 of NRS 385.347 to the board of trustees of the school district in
55-12 which the charter school is located, regardless of the sponsor of the
55-13 charter school, for inclusion in the report of the school district
55-14 pursuant to that section. The information must be submitted by the
55-15 charter school in a format prescribed by the board of trustees.
55-16 2. On or before [April] August 15of each year, the governing
55-17 body of each charter school shall submit the information applicable
55-18 to the charter school that is contained in the report pursuant to
55-19 paragraph (t) of subsection 2 of NRS 385.347 to the Commission on
55-20 Educational Technology created pursuant to NRS 388.790.
55-21 3. [On or before June 15 of each year, the governing body of
55-22 each charter school shall prepare a:
55-23 (a) Separate written report summarizing the effectiveness of the
55-24 charter school’s program of accountability. The report must include:
55-25 (1) A review and analysis of the data upon which the report
55-26 required pursuant to subsection 2 of NRS 385.347 is based and a
55-27 review and analysis of any data that is more recent than the data
55-28 upon which the report is based;
55-29 (2) The identification of any problems or factors at the
55-30 charter school that are revealed by the review and analysis; and
55-31 (3) A summary of the efforts that the governing body has
55-32 made or intends to make to ensure that the teachers and other
55-33 educational personnel employed by the governing body receive
55-34 training and other professional development in:
55-35 (I) The standards of content and performance established
55-36 by the Council to Establish Academic Standards for Public Schools
55-37 pursuant to NRS 389.520;
55-38 (II) The assessment and measurement of pupil
55-39 achievement and the effective methods to analyze the test results
55-40 and scores of pupils to improve the achievement and proficiency of
55-41 pupils; and
55-42 (III) Specific content areas to enable the teachers and
55-43 other educational personnel to provide a higher level of instruction
55-44 in their respective fields of teaching.
56-1 (b) Written procedure to improve the achievement of pupils who
56-2 are enrolled in the charter school, including, but not limited to, a
56-3 description of the efforts the governing body has made to correct
56-4 any deficiencies identified in the written report required pursuant to
56-5 paragraph (a). The written procedure must describe sources of data
56-6 that will be used by the governing body to evaluate the effectiveness
56-7 of the written procedure.
56-8 4. On or before June 15 of each year, the governing body of
56-9 each charter school shall submit copies of the written report and
56-10 written procedure required pursuant to subsection 3 to the:
56-11 (a) Governor;
56-12 (b) State Board;
56-13 (c) Department;
56-14 (d) Legislative Committee on Education created pursuant to
56-15 NRS 218.5352;
56-16 (e) Legislative Bureau of Educational Accountability and
56-17 Program Evaluation created pursuant to NRS 218.5356; and
56-18 (f) Board of trustees of the school district in which the charter
56-19 school is located.
56-20 5. The Department shall maintain a record of the information
56-21 that it receives from each charter school pursuant to this section in
56-22 such a manner as will allow the Department to create for each
56-23 charter school a yearly profile of information.
56-24 6. The governing body of each charter school shall ensure that
56-25 a copy of the written report and written procedure required pursuant
56-26 to subsection 3 is included with the final budget of the charter
56-27 school adopted by the governing body of the charter school pursuant
56-28 to the regulations of the Department.
56-29 7.] The Legislative Bureau of Educational Accountability and
56-30 Program Evaluation created pursuant to NRS 218.5356 may
56-31 authorize a person or entity with whom it contracts pursuant to NRS
56-32 385.359 to review and analyze information submitted by charter
56-33 schools pursuant to this section[,] and section 9 of this act, consult
56-34 with the governing bodies of charter schools and submit written
56-35 reports concerning charter schools pursuant to NRS 385.359.
56-36 Sec. 55. NRS 386.650 is hereby amended to read as follows:
56-37 386.650 1. The Department shall establish and maintain [a
56-38 statewide] an automated system of accountability information
56-39 [concerning pupils.] for Nevada. The system must [be] :
56-40 (a) Have the capacity to provide and report information,
56-41 including, without limitation, the results of the achievement of
56-42 pupils:
56-43 (1) In the manner required by 20 U.S.C. §§ 6301 et seq.,
56-44 and the regulations adopted pursuant thereto, and NRS 385.347
56-45 and section 6 of this act; and
57-1 (2) In a separate reporting for each subgroup of pupils
57-2 identified in paragraph (b) of subsection 1 of section 4 of this act;
57-3 (b) Include a system of unique identification for each pupil:
57-4 (1) To ensure that individual pupils may be tracked over
57-5 time throughout this state; and
57-6 (2) That, to the extent practicable, may be used for
57-7 purposes of identifying a pupil for both the public schools and the
57-8 University and Community College System of Nevada, if that pupil
57-9 enrolls in the System after graduation from high school;
57-10 (c) Have the capacity to provide longitudinal comparisons of
57-11 the academic achievement, rate of attendance and rate of
57-12 graduation of pupils over time throughout this state;
57-13 (d) Have the capacity to perform a variety of longitudinal
57-14 analyses of the results of individual pupils on assessments,
57-15 including, without limitation, the results of pupils by classroom
57-16 and by school;
57-17 (e) Have the capacity to identify which teachers are assigned to
57-18 individual pupils and which paraprofessionals, if any, are
57-19 assigned to provide services to individual pupils;
57-20 (f) Have the capacity to provide other information concerning
57-21 schools and school districts that is not linked to individual pupils,
57-22 including, without limitation, the designation of schools and
57-23 school districts pursuant to sections 14 and 32 of this act,
57-24 respectively, and an identification of which schools, if any, are
57-25 persistently dangerous;
57-26 (g) Have the capacity to access financial accountability
57-27 information for each public school, including, without limitation,
57-28 each charter school, for each school district and for this state as a
57-29 whole; and
57-30 (h) Be designed to improve the ability of the Department, school
57-31 districts and the public schools in this state, including, without
57-32 limitation, charter schools, to account for the pupils who are
57-33 enrolled in the public schools, including, without limitation, charter
57-34 schools.
57-35 2. The board of trustees of each school district shall:
57-36 (a) Adopt and maintain the program prescribed by the
57-37 Superintendent of Public Instruction pursuant to subsection 3 for
57-38 the collection, maintenance and transfer of data from the records of
57-39 individual pupils to the [statewide] automated system of
57-40 information, including, without limitation, the development of plans
57-41 for the educational technology which is necessary to adopt and
57-42 maintain the program;
57-43 (b) Provide to the Department electronic data concerning pupils
57-44 as required by the Superintendent of Public Instruction pursuant to
57-45 subsection 3; and
58-1 (c) Ensure that an electronic record is maintained in accordance
58-2 with subsection 3 of NRS 386.655.
58-3 3. The Superintendent of Public Instruction shall:
58-4 (a) Prescribe a uniform program throughout this state for the
58-5 collection, maintenance and transfer of data that each school
58-6 district must adopt, which must include standardized software;
58-7 (b) Prescribe the data to be collected and reported to the
58-8 Department by each school district pursuant to subsection 2,
58-9 including, without limitation, data relating to each charter school
58-10 located within a school district regardless of the sponsor of the
58-11 charter school;
58-12 [(b)] (c) Prescribe the format for the data;
58-13 [(c)] (d) Prescribe the date by which each school district shall
58-14 report the data;
58-15 [(d)] (e) Prescribe the date by which each charter school located
58-16 within a school district shall report the data to the school district for
58-17 incorporation into the report of the school district, regardless of the
58-18 sponsor of the charter school;
58-19 [(e)] (f) Prescribe standardized codes for all data elements
58-20 used within the automated system and all exchanges of data within
58-21 the automated system, including, without limitation, data
58-22 concerning:
58-23 (1) Individual pupils;
58-24 (2) Individual teachers and paraprofessionals;
58-25 (3) Individual schools and school districts; and
58-26 (4) Programs and financial information;
58-27 (g) Provide technical assistance to each school district to ensure
58-28 that the data from each public school in the school district,
58-29 including, without limitation, each charter school located within the
58-30 school district, is compatible with the [statewide] automated system
58-31 of information and comparable to the data reported by other school
58-32 districts; and
58-33 [(f)] (h) Provide for the analysis and reporting of the data in the
58-34 [statewide] automated system of information.
58-35 4. The Department shall establish, to the extent authorized by
58-36 the Family Educational Rights and Privacy Act of 1974, 20 U.S.C.
58-37 § 1232g, and any regulations adopted pursuant thereto, a
58-38 mechanism by which persons or entities, including, without
58-39 limitation, state officers who are members of the Executive or
58-40 Legislative Branch, administrators of public schools and school
58-41 districts, teachers and other educational personnel, and parents
58-42 and guardians, will have different types of access to the
58-43 accountability information contained within the automated system
58-44 to the extent that such information is necessary for the
58-45 performance of a duty or to the extent that such information may
59-1 be made available to the general public without posing a threat to
59-2 the confidentiality of an individual pupil.
59-3 5. The Department may, to the extent authorized by the
59-4 Family Educational Rights and Privacy Act of 1974, 20 U.S.C. §
59-5 1232g, and any regulations adopted pursuant thereto, enter into
59-6 an agreement with the University and Community College System
59-7 of Nevada to provide access to data contained within the
59-8 automated system for research purposes.
59-9 Sec. 55.5. NRS 386.655 is hereby amended to read as follows:
59-10 386.655 1. The Department, the school districts and the
59-11 public schools, including, without limitation, charter schools, shall,
59-12 in operating the [statewide] automated system of information
59-13 established pursuant to NRS 386.650, comply with the provisions
59-14 of:
59-15 (a) For all pupils, the Family Educational Rights and Privacy
59-16 Act, 20 U.S.C. § 1232g, and any regulations adopted pursuant
59-17 thereto; and
59-18 (b) For pupils with disabilities who are enrolled in programs of
59-19 special education, the provisions governing access to education
59-20 records and confidentiality of information prescribed in the
59-21 Individuals with Disabilities Education Act, 20 U.S.C. § 1417(c),
59-22 and the regulations adopted pursuant thereto.
59-23 2. Except as otherwise provided in 20 U.S.C. § 1232g(b) and
59-24 any other applicable federal law, a public school, including, without
59-25 limitation, a charter school, shall not release the education records
59-26 of a pupil to a person or an agency of a federal, state or local
59-27 government without the written consent of the parent or legal
59-28 guardian of the pupil.
59-29 3. In addition to the record required pursuant to 20 U.S.C. §
59-30 1232g(b)(4)(A), each school district shall maintain within the
59-31 [statewide] automated system of information an electronic record of
59-32 all persons and agencies who have requested the education record of
59-33 a pupil or obtained access to the education record of a pupil, or both,
59-34 pursuant to 20 U.S.C. § 1232g. The electronic record must be
59-35 maintained and may only be disclosed in accordance with the
59-36 provisions of 20 U.S.C. § 1232g. A charter school shall provide to
59-37 the school district in which the charter school is located such
59-38 information as is necessary for the school district to carry out the
59-39 provisions of this subsection, regardless of the sponsor of the charter
59-40 school.
59-41 4. The right accorded to a parent or legal guardian of a pupil
59-42 pursuant to subsection 2 devolves upon the pupil on the date on
59-43 which he attains the age of 18 years.
60-1 5. As used in this section, unless the context otherwise
60-2 requires, “education records” has the meaning ascribed to it in 20
60-3 U.S.C. § 1232g(a)(4).
60-4 Sec. 56. (Deleted by amendment.)
60-5 Sec. 57. NRS 388.405 is hereby amended to read as follows:
60-6 388.405 [1.] The State Board [of Education shall establish]
60-7 shall:
60-8 1. Establish a program to teach the English language to pupils
60-9 [whose:
60-10 (a) Primary language is not English;
60-11 (b) Proficiency in the English language is below the average
60-12 proficiency of pupils at the same age or grade level whose primary
60-13 language is English; and
60-14 (c) Probability of success in a classroom in which courses of
60-15 study are taught only in the English language is impaired because of
60-16 their limited proficiency in the English language.
60-17 2. The State Board of Education shall adopt] who are limited
60-18 English proficient.
60-19 2. Adopt regulations to carry out the program. The regulations
60-20 must prescribe the procedure by which a school district may obtain a
60-21 waiver from the requirements of the program.
60-22 3. Submit all evaluations required pursuant to 20 U.S.C. §§
60-23 6801 et seq. and the regulations adopted pursuant thereto
60-24 regarding the programs for pupils who are limited English
60-25 proficient carried out pursuant to that provision of federal law to
60-26 the:
60-27 (a) Governor;
60-28 (b) Committee;
60-29 (c) Bureau; and
60-30 (d) Board of trustees of each school district.
60-31 Sec. 58. NRS 388.795 is hereby amended to read as follows:
60-32 388.795 1. The Commission shall establish a plan for the use
60-33 of educational technology in the public schools of this state. In
60-34 preparing the plan, the Commission shall consider:
60-35 (a) Plans that have been adopted by the Department and the
60-36 school districts in this state;
60-37 (b) Plans that have been adopted in other states;
60-38 (c) The information submitted to the Commission by the board
60-39 of trustees of each school district pursuant to subsection [2 of NRS
60-40 385.351;] 7 of NRS 385.347; and
60-41 (d) Any other information that the Commission or the
60-42 Committee deems relevant to the preparation of the plan.
60-43 2. The plan established by the Commission must include
60-44 recommendations for methods to:
61-1 (a) Incorporate educational technology into the public schools of
61-2 this state;
61-3 (b) Increase the number of pupils in the public schools of this
61-4 state who have access to educational technology;
61-5 (c) Increase the availability of educational technology to assist
61-6 licensed teachers and other educational personnel in complying with
61-7 the requirements of continuing education, including, but not limited
61-8 to, the receipt of credit for college courses completed through the
61-9 use of educational technology;
61-10 (d) Facilitate the exchange of ideas to improve the achievement
61-11 of pupils who are enrolled in the public schools of this state; and
61-12 (e) Address the needs of teachers in incorporating the use of
61-13 educational technology in the classroom, including, but not limited
61-14 to, the completion of training that is sufficient to enable the teachers
61-15 to instruct pupils in the use of educational technology.
61-16 3. The Department shall provide:
61-17 (a) Administrative support;
61-18 (b) Equipment; and
61-19 (c) Office space,
61-20 as is necessary for the Commission to carry out the provisions of
61-21 this section.
61-22 4. The following entities shall cooperate with the Commission
61-23 in carrying out the provisions of this section:
61-24 (a) The State Board.
61-25 (b) The board of trustees of each school district.
61-26 (c) The superintendent of schools of each school district.
61-27 (d) The Department.
61-28 5. The Commission shall:
61-29 (a) Develop technical standards for educational technology and
61-30 any electrical or structural appurtenances necessary thereto,
61-31 including, without limitation, uniform specifications for computer
61-32 hardware and wiring, to ensure that such technology is compatible,
61-33 uniform and can be interconnected throughout the public schools of
61-34 this state.
61-35 (b) Allocate money to the school districts from the Trust Fund
61-36 for Educational Technology created pursuant to NRS 388.800 and
61-37 any money appropriated by the Legislature for educational
61-38 technology, subject to any priorities for such allocation established
61-39 by the Legislature.
61-40 (c) Establish criteria for the board of trustees of a school district
61-41 that receives an allocation of money from the Commission to:
61-42 (1) Repair, replace and maintain computer systems.
61-43 (2) Upgrade and improve computer hardware and software
61-44 and other educational technology.
62-1 (3) Provide training, installation and technical support related
62-2 to the use of educational technology within the district.
62-3 (d) Submit to the Governor, the Committee and the Department
62-4 its plan for the use of educational technology in the public schools
62-5 of this state and any recommendations for legislation.
62-6 (e) Review the plan annually and make revisions as it deems
62-7 necessary or as directed by the Committee or the Department.
62-8 (f) In addition to the recommendations set forth in the plan
62-9 pursuant to subsection 2, make further recommendations to the
62-10 Committee and the Department as the Commission deems
62-11 necessary.
62-12 6. The Commission may appoint an advisory committee
62-13 composed of members of the Commission or other qualified persons
62-14 to provide recommendations to the Commission regarding standards
62-15 for the establishment, coordination and use of a telecommunications
62-16 network in the public schools throughout the various school districts
62-17 in this state. The advisory committee serves at the pleasure of the
62-18 Commission and without compensation unless an appropriation or
62-19 other money for that purpose is provided by the Legislature.
62-20 7. As used in this section, “public school” includes the Caliente
62-21 Youth Center and the Nevada Youth Training Center.
62-22 Sec. 59. NRS 388.846 is hereby amended to read as follows:
62-23 388.846 1. If the board of trustees of a school district
62-24 provides a program of distance education, the board of trustees shall
62-25 ensure that the persons who operate the program on a day-to-day
62-26 basis comply with and carry out all applicable requirements,
62-27 statutes, regulations, rules and policies of the school district,
62-28 including, without limitation:
62-29 (a) Graduation requirements;
62-30 (b) Accountability of public schools, as set forth in NRS
62-31 385.3455 to 385.391, inclusive[;] ,
62-32 and sections 2 to 37, inclusive, of this act;
62-33 (c) Provisions governing the attendance and truancy of pupils, as
62-34 set forth in NRS 392.040 to 392.220, inclusive; and
62-35 (d) Discipline of pupils.
62-36 2. If the governing body of a charter school provides a program
62-37 of distance education, the governing body shall:
62-38 (a) For each pupil who is enrolled in the program, provide
62-39 written notice to the board of trustees of the school district in which
62-40 the pupil resides of the type of educational services that will be
62-41 provided to the pupil through the program. The written notice must
62-42 be provided to the board of trustees before the pupil receives
62-43 educational services through the program of distance education.
62-44 (b) Ensure that the persons who operate the program on a day-
62-45 to-day basis comply with and carry out all applicable requirements,
63-1 statutes, regulations, rules and policies of the charter school,
63-2 including, without limitation:
63-3 (1) Graduation requirements;
63-4 (2) Accountability of public schools, as set forth in NRS
63-5 385.3455 to 385.391, inclusive[;] , and sections 2 to 37, inclusive,
63-6 of this act;
63-7 (3) Provisions governing the attendance and truancy of
63-8 pupils, as set forth in NRS 392.040 to 392.220, inclusive; and
63-9 (4) Discipline of pupils.
63-10 Sec. 60. NRS 388.862 is hereby amended to read as follows:
63-11 388.862 1. If a pupil is enrolled full time in a program of
63-12 distance education provided by the board of trustees of a school
63-13 district, the board of trustees that provides the program shall declare
63-14 for each such pupil one public school within that school district [to]
63-15 with which the pupil is affiliated. The board of trustees may declare
63-16 that all the pupils enrolled in the program of distance education are
63-17 affiliated with one public school within the school district, or it may
63-18 declare individual public schools for the pupils enrolled in the
63-19 program. Upon the declared affiliation, the pupil shall be deemed
63-20 enrolled in that public school for purposes of all the applicable
63-21 requirements, statutes, regulations, rules and policies of that public
63-22 school and school district, including, without limitation:
63-23 (a) Graduation requirements;
63-24 (b) Accountability of public schools, as set forth in NRS
63-25 385.3455 to 385.391, inclusive[;] ,
63-26 and sections 2 to 37, inclusive, of this act;
63-27 (c) Provisions governing the attendance and truancy of pupils, as
63-28 set forth in NRS 392.040 to 392.220, inclusive; and
63-29 (d) Discipline of pupils.
63-30 2. A pupil who is enrolled full time in a program of distance
63-31 education provided by a charter school shall be deemed enrolled in
63-32 the charter school. All the applicable requirements, including,
63-33 without limitation, statutes, regulations, rules and policies of that
63-34 charter school apply to such a pupil, including, without limitation:
63-35 (a) Graduation requirements;
63-36 (b) Accountability of public schools, as set forth in NRS
63-37 385.3455 to 385.391, inclusive[;] , and sections 2 to 37, inclusive,
63-38 of this act;
63-39 (c) Provisions governing the attendance and truancy of pupils, as
63-40 set forth in NRS 392.040 to 392.220, inclusive; and
63-41 (d) Discipline of pupils.
63-42 3. If a pupil is enrolled part time in a program of distance
63-43 education, all the applicable requirements, statutes, regulations,
63-44 rules and policies of the public school of the school district in which
63-45 the pupil is otherwise enrolled or the charter school in which the
64-1 pupil is otherwise enrolled apply to such a pupil, including, without
64-2 limitation:
64-3 (a) Graduation requirements;
64-4 (b) Accountability of public schools, as set forth in NRS
64-5 385.3455 to 385.391, inclusive[;] ,
64-6 and sections 2 to 37, inclusive, of this act;
64-7 (c) Provisions governing the attendance and truancy of pupils, as
64-8 set forth in NRS 392.040 to 392.220, inclusive; and
64-9 (d) Discipline of pupils.
64-10 Sec. 61. (Deleted by amendment.)
64-11 Sec. 62. Chapter 389 of NRS is hereby amended by adding
64-12 thereto the provisions set forth as sections 63 and 64 of this act.
64-13 Sec. 63. 1. The board of trustees of each school district and
64-14 the governing body of each charter school shall ensure that each
64-15 pupil who is limited English proficient and is enrolled in the
64-16 school district or charter school, as applicable, participates in the
64-17 achievement and proficiency examinations administered pursuant
64-18 to this chapter. The State Board shall prescribe reasonable
64-19 modifications and accommodations that must be used in the
64-20 administration of an examination to a pupil who is limited English
64-21 proficient and who is unable to take an examination under regular
64-22 testing conditions. The results of each pupil who is limited English
64-23 proficient and who takes an examination with modifications and
64-24 accommodations must be reported and included within the
64-25 determination of whether the school and the school district have
64-26 made adequate yearly progress.
64-27 2. The board of trustees of a school district and the governing
64-28 body of a charter school shall administer to a pupil who is limited
64-29 English proficient:
64-30 (a) To the extent practicable, examinations in mathematics
64-31 and science required by subsection 1 in the language most likely to
64-32 yield accurate and reliable information on what the pupil knows.
64-33 (b) To the extent practicable, examinations in reading required
64-34 by subsection 1 in the language most likely to yield accurate and
64-35 reliable information on what the pupil knows if the pupil has
64-36 attended public schools in the United States for less than 3
64-37 consecutive years.
64-38 (c) If the pupil has attended public schools in the United States
64-39 for 3 consecutive years but less than 5 consecutive years:
64-40 (1) Examinations in reading required by subsection 1 in the
64-41 English language; or
64-42 (2) Examinations in reading required by subsection 1 in the
64-43 language most likely to yield accurate and reliable information on
64-44 what the pupil knows if the board of trustees or the governing
64-45 body, as applicable, determines that the pupil has not reached a
65-1 level of English proficiency sufficient to yield valid and reliable
65-2 information on what the pupil knows. The board of trustees or the
65-3 governing body of a charter school, as applicable, may grant
65-4 exceptions for a particular pupil pursuant to this subparagraph,
65-5 on a case-by-case basis, for a period not longer than 2 consecutive
65-6 years.
65-7 (d) If the pupil has attended public schools in the United States
65-8 for 5 consecutive years or more, examinations in reading required
65-9 by subsection 1 in the English language.
65-10 3. The State Board shall prescribe an assessment of
65-11 proficiency in the English language for pupils who are limited
65-12 English proficient to measure oral language skills, comprehension
65-13 skills, reading skills and writing skills. The board of trustees of
65-14 each school district and the governing body of each charter school
65-15 shall administer the assessment annually at the time prescribed by
65-16 the State Board. A pupil who takes the assessment prescribed
65-17 pursuant to this subsection is not exempt from the achievement
65-18 and proficiency examinations administered pursuant to this
65-19 chapter.
65-20 Sec. 64. 1. If a pupil with a disability is unable to take an
65-21 examination administered pursuant to NRS 389.015 or 389.550
65-22 under regular testing conditions, the pupil may take the
65-23 examination with modifications and accommodations that the
65-24 pupil’s individualized education program team determines, in
65-25 consultation with the Department and in accordance with the
65-26 Individuals with Disabilities Education Act, 20 U.S.C. §§ 1400 et
65-27 seq., and the No Child Left Behind Act of 2001, 20 U.S.C. §§ 6301
65-28 et seq., are necessary to measure the progress of the pupil. If
65-29 modifications or accommodations are made in the administration
65-30 of an examination for a pupil with a disability, the modifications
65-31 or accommodations must be set forth in the pupil’s individualized
65-32 education program. The results of each pupil with a disability who
65-33 takes an examination with modifications or accommodations must
65-34 be reported and must be included in the determination of whether
65-35 the school and the school district have made adequate yearly
65-36 progress.
65-37 2. The State Board shall prescribe an alternate examination
65-38 for administration to a pupil with a disability if the pupil’s
65-39 individualized education program team determines, in
65-40 consultation with the Department, that the pupil cannot
65-41 participate in all or a portion of an examination administered
65-42 pursuant to NRS 389.015 or 389.550 even with modifications and
65-43 accommodations.
65-44 3. The State Board shall prescribe, in accordance with the
65-45 Individuals with Disabilities Education Act, 20 U.S.C. §§ 1400 et
66-1 seq., and the No Child Left Behind Act of 2001, 20 U.S.C. §§ 6301
66-2 et seq., the modifications and accommodations that must be used
66-3 in the administration of an examination to a pupil with a disability
66-4 who is unable to take the examination under regular testing
66-5 conditions.
66-6 4. As used in this section:
66-7 (a) “Individualized education program” has the meaning
66-8 ascribed to it in 20 U.S.C. § 1414(d)(1)(A).
66-9 (b) “Individualized education program team” has the meaning
66-10 ascribed to it in 20 U.S.C. § 1414(d)(1)(B).
66-11 Sec. 65. NRS 389.012 is hereby amended to read as follows:
66-12 389.012 The State Board shall:
66-13 1. In accordance with guidelines established by the National
66-14 Assessment Governing Board and National Center for Education
66-15 Statistics[,] and in accordance with 20 U.S.C. §§ 6301 et seq. and
66-16 the regulations adopted pursuant thereto, adopt regulations
66-17 requiring the schools of this state that are selected by the National
66-18 Assessment Governing Board or the National Center for Education
66-19 Statistics to participate in the examinations of the National
66-20 Assessment of Educational Progress.
66-21 2. Report the results of those examinations to the:
66-22 (a) Governor;
66-23 (b) Board of trustees of each school district of this state;
66-24 (c) Legislative Committee on Education created pursuant to
66-25 NRS 218.5352; and
66-26 (d) Legislative Bureau of Educational Accountability and
66-27 Program Evaluation created pursuant to NRS 218.5356.
66-28 3. The report required pursuant to subsection 2 must include
66-29 an analysis and comparison of the results of pupils in this state on
66-30 the examinations required by this section with:
66-31 (a) The results of pupils throughout this country who
66-32 participated in the examinations of the National Assessment of
66-33 Educational Progress; and
66-34 (b) The results of pupils on the achievement and proficiency
66-35 examinations administered pursuant to this chapter.
66-36 Sec. 66. NRS 389.015 is hereby amended to read as follows:
66-37 389.015 1. The board of trustees of each school district shall
66-38 administer examinations in all public schools of the school district.
66-39 The governing body of a charter school shall administer the same
66-40 examinations in the charter school. The examinations administered
66-41 by the board of trustees and governing body must determine the
66-42 achievement and proficiency of pupils in:
66-43 (a) Reading;
66-44 (b) [Writing;
66-45 (c)] Mathematics; and
67-1 [(d) Science.]
67-2 (c) Except as otherwise provided in subsection 6, science.
67-3 2. The examinations required by subsection 1 must be:
67-4 (a) Administered before the completion of grades 4, [8,] 7, 10
67-5 and 11.
67-6 (b) Administered in each school district and each charter school
67-7 at the same time. The time for the administration of the
67-8 examinations must be prescribed by the State Board.
67-9 (c) Administered in each school in accordance with uniform
67-10 procedures adopted by the State Board. The Department shall
67-11 monitor the compliance of school districts and individual schools
67-12 with the uniform procedures.
67-13 (d) Administered in each school in accordance with the plan
67-14 adopted pursuant to NRS 389.616 by the Department and with the
67-15 plan adopted pursuant to NRS 389.620 by the board of trustees of
67-16 the school district in which the examinations are administered. The
67-17 Department shall monitor the compliance of school districts and
67-18 individual schools with:
67-19 (1) The plan adopted by the Department; and
67-20 (2) The plan adopted by the board of trustees of the
67-21 applicable school district, to the extent that the plan adopted by the
67-22 board of trustees of the school district is consistent with the plan
67-23 adopted by the Department.
67-24 (e) Scored by [the Department or] a single private entity that has
67-25 contracted with the State Board to score the examinations. [If a]The
67-26 private entity that scores the examinations [, it] shall report the
67-27 results of the examinations in the form and by the date required by
67-28 the Department.
67-29 3. Not more than 14 working days after the results of the
67-30 examinations are reported to the Department by a private entity that
67-31 scored the examinations ,[or the Department completes the scoring
67-32 of the examinations,] the Superintendent of Public Instruction shall
67-33 certify that the results of the examinations have been transmitted to
67-34 each school district and each charter school. Not more than 10
67-35 working days after a school district receives the results of the
67-36 examinations, the superintendent of schools of each school district
67-37 shall certify that the results of the examinations have been
67-38 transmitted to each school within the school district. Except as
67-39 otherwise provided in this subsection, not more than 15 working
67-40 days after each school receives the results of the examinations, the
67-41 principal of each school and the governing body of each charter
67-42 school shall certify that the results for each pupil have been
67-43 provided to the parent or legal guardian of the pupil:
68-1 (a) During a conference between the teacher of the pupil or
68-2 administrator of the school and the parent or legal guardian of the
68-3 pupil; or
68-4 (b) By mailing the results of the examinations to the last known
68-5 address of the parent or legal guardian of the pupil.
68-6 If a pupil fails the high school proficiency examination, the school
68-7 shall notify the pupil and the parents or legal guardian of the pupil
68-8 as soon as practicable but not later than 15 working days after the
68-9 school receives the results of the examination.
68-10 4. [Different standards of proficiency may be adopted for
68-11 pupils with diagnosed learning disabilities. If a pupil with a
68-12 disability is unable to take an examination created by a private entity
68-13 under regular testing conditions or with modifications and
68-14 accommodations that are approved by the private entity, the pupil
68-15 may take the examination with modifications and accommodations
68-16 that are approved by the State Board pursuant to subsection 8. If a
68-17 pupil with a disability is unable to take an examination created by
68-18 the Department under regular testing conditions or with
68-19 modifications and accommodations that are approved by the
68-20 Department, the pupil may take the examination with modifications
68-21 and accommodations that are approved by the State Board pursuant
68-22 to subsection 8. The results of an examination that is taken under
68-23 conditions that are not approved by a private entity or the
68-24 Department, as applicable, must not be reported pursuant to
68-25 subsection 2 of NRS 389.017. If different standards of proficiency
68-26 are adopted or other modifications or accommodations are made in
68-27 the administration of the examinations for a pupil who is enrolled in
68-28 a program of special education pursuant to NRS 388.440 to
68-29 388.520, inclusive, other than a gifted and talented pupil, the
68-30 different standards adopted or other modifications or
68-31 accommodations must be set forth in the pupil’s program of special
68-32 education developed in accordance with the Individuals with
68-33 Disabilities Education Act, 20 U.S.C. §§ 1400 et seq., and the
68-34 standards prescribed by the State Board. During the administration
68-35 of the high school proficiency examination, a pupil with a disability
68-36 may be given additional time to complete the examination if the
68-37 additional time is a modification or accommodation that is approved
68-38 in the pupil’s program of special education developed in accordance
68-39 with the Individuals with Disabilities Education Act, 20 U.S.C. §§
68-40 1400 et seq.
68-41 5.] If a pupil fails to demonstrate at least adequate achievement
68-42 on the examination administered before the completion of grade 4,
68-43 [8] 7 or 10, he may be promoted to the next higher grade, but the
68-44 results of his examination must be evaluated to determine what
68-45 remedial study is appropriate. If such a pupil is enrolled at a school
69-1 that has [been designated as demonstrating need for improvement
69-2 pursuant to subsection 1 of NRS 385.367,]failed to make adequate
69-3 yearly progress or in which less than 60 percent of the pupils
69-4 enrolled in grade 4, 7 or 10 in the school who took the
69-5 examinations administered pursuant to this section received an
69-6 average score on those examinations that is at least equal to the
69-7 26th percentile of the national reference group of pupils to which
69-8 the examinations were compared, the pupil must, in accordance
69-9 with the requirements set forth in this subsection, complete remedial
69-10 study that is determined to be appropriate for the pupil.
69-11 [6.] 5. If a pupil fails to pass the proficiency examination
69-12 administered before the completion of grade 11, he must not be
69-13 graduated until he is able, through remedial study, to pass the
69-14 proficiency examination, but he may be given a certificate of
69-15 attendance, in place of a diploma, if he has reached the age of 17
69-16 years.
69-17 [7.] 6. The State Board shall prescribe standard examinations
69-18 of achievement and proficiency to be administered pursuant to
69-19 subsection 1. The high school proficiency examination must include
69-20 the subjects of reading and mathematics and, except for the
69-21 writing portion prescribed pursuant to NRS 389.550, must be
69-22 developed, printed and scored by a nationally recognized testing
69-23 company in accordance with the process established by the testing
69-24 company. The examinations on reading, mathematics and science
69-25 prescribed for grades 4, [8] 7 and 10 must be selected from
69-26 examinations created by private entities and administered to a
69-27 national reference group, and must allow for a comparison of the
69-28 achievement and proficiency of pupils in grades 4, [8] 7 and 10 in
69-29 this state to that of a national reference group of pupils in grades 4,
69-30 [8] 7 and 10. The questions contained in the examinations and the
69-31 approved answers used for grading them are confidential, and
69-32 disclosure is unlawful except:
69-33 (a) To the extent necessary for administering and evaluating the
69-34 examinations.
69-35 (b) That a disclosure may be made to a:
69-36 (1) State officer who is a member of the Executive or
69-37 Legislative Branch to the extent that it is necessary for the
69-38 performance of his duties;
69-39 (2) Superintendent of schools of a school district to the
69-40 extent that it is necessary for the performance of his duties;
69-41 (3) Director of curriculum of a school district to the extent
69-42 that it is necessary for the performance of his duties; and
69-43 (4) Director of testing of a school district to the extent that it
69-44 is necessary for the performance of his duties.
70-1 (c) That specific questions and answers may be disclosed if the
70-2 Superintendent of Public Instruction determines that the content of
70-3 the questions and answers is not being used in a current examination
70-4 and making the content available to the public poses no threat to the
70-5 security of the current examination process.
70-6 [8. The State Board shall prescribe, in accordance with the
70-7 Individuals with Disabilities Education Act, 20 U.S.C. §§ 1400 et
70-8 seq., the modifications and accommodations that may be used in the
70-9 administration of an examination to a pupil with a disability who is
70-10 unable to take the examination under regular testing conditions or
70-11 with modifications and accommodations that are approved by the
70-12 private entity that created the examination or, if the Department
70-13 created the examination, by the Department. These regulations may
70-14 include, without limitation, authorizing a pupil to complete an
70-15 examination with additional time.]
70-16 Sec. 67. NRS 389.015 is hereby amended to read as follows:
70-17 389.015 1. The board of trustees of each school district shall
70-18 administer examinations in all public schools of the school district.
70-19 The governing body of a charter school shall administer the same
70-20 examinations in the charter school. The examinations administered
70-21 by the board of trustees and governing body must determine the
70-22 achievement and proficiency of pupils in:
70-23 (a) Reading;
70-24 (b) Mathematics; and
70-25 (c) Except as otherwise provided in subsection 6, science.
70-26 2. The examinations required by subsection 1 must be:
70-27 (a) Administered before the completion of grades 4, 7, 10
70-28 and 11.
70-29 (b) Administered in each school district and each charter school
70-30 at the same time [.] during the spring semester. The time for the
70-31 administration of the examinations must be prescribed by the State
70-32 Board.
70-33 (c) Administered in each school in accordance with uniform
70-34 procedures adopted by the State Board. The Department shall
70-35 monitor the compliance of school districts and individual schools
70-36 with the uniform procedures.
70-37 (d) Administered in each school in accordance with the plan
70-38 adopted pursuant to NRS 389.616 by the Department and with the
70-39 plan adopted pursuant to NRS 389.620 by the board of trustees of
70-40 the school district in which the examinations are administered. The
70-41 Department shall monitor the compliance of school districts and
70-42 individual schools with:
70-43 (1) The plan adopted by the Department; and
70-44 (2) The plan adopted by the board of trustees of the
70-45 applicable school district, to the extent that the plan adopted by the
71-1 board of trustees of the school district is consistent with the plan
71-2 adopted by the Department.
71-3 (e) Scored by a single private entity that has contracted with the
71-4 State Board to score the examinations. The private entity that scores
71-5 the examinations shall report the results of the examinations in the
71-6 form and by the date required by the Department.
71-7 3. Not more than 14 working days after the results of the
71-8 examinations are reported to the Department by a private entity that
71-9 scored the examinations, the Superintendent of Public Instruction
71-10 shall certify that the results of the examinations have been
71-11 transmitted to each school district and each charter school. Not more
71-12 than 10 working days after a school district receives the results of
71-13 the examinations, the superintendent of schools of each school
71-14 district shall certify that the results of the examinations have been
71-15 transmitted to each school within the school district. Except as
71-16 otherwise provided in this subsection, not more than 15 working
71-17 days after each school receives the results of the examinations, the
71-18 principal of each school and the governing body of each charter
71-19 school shall certify that the results for each pupil have been
71-20 provided to the parent or legal guardian of the pupil:
71-21 (a) During a conference between the teacher of the pupil or
71-22 administrator of the school and the parent or legal guardian of the
71-23 pupil; or
71-24 (b) By mailing the results of the examinations to the last known
71-25 address of the parent or legal guardian of the pupil.
71-26 If a pupil fails the high school proficiency examination, the school
71-27 shall notify the pupil and the parents or legal guardian of the pupil
71-28 as soon as practicable but not later than 15 working days after the
71-29 school receives the results of the examination.
71-30 4. If a pupil fails to demonstrate at least adequate achievement
71-31 on the examination administered before the completion of grade 4, 7
71-32 or 10, he may be promoted to the next higher grade, but the results
71-33 of his examination must be evaluated to determine what remedial
71-34 study is appropriate. If such a pupil is enrolled at a school that has
71-35 failed to make adequate yearly progress or in which less than 60
71-36 percent of the pupils enrolled in grade 4, 7 or 10 in the school who
71-37 took the examinations administered pursuant to this section received
71-38 an average score on those examinations that is at least equal to the
71-39 26th percentile of the national reference group of pupils to which
71-40 the examinations were compared, the pupil must, in accordance with
71-41 the requirements set forth in this subsection, complete remedial
71-42 study that is determined to be appropriate for the pupil.
71-43 5. If a pupil fails to pass the proficiency examination
71-44 administered before the completion of grade 11, he must not be
71-45 graduated until he is able, through remedial study, to pass the
72-1 proficiency examination, but he may be given a certificate of
72-2 attendance, in place of a diploma, if he has reached the age of 17
72-3 years.
72-4 6. The State Board shall prescribe standard examinations of
72-5 achievement and proficiency to be administered pursuant to
72-6 subsection 1. The high school proficiency examination must include
72-7 the subjects of reading and mathematics and, except for the writing
72-8 portion prescribed pursuant to NRS 389.550, must be developed,
72-9 printed and scored by a nationally recognized testing company in
72-10 accordance with the process established by the testing company.
72-11 The examinations on reading, mathematics and science prescribed
72-12 for grades 4, 7 and 10 must be selected from examinations created
72-13 by private entities and administered to a national reference group,
72-14 and must allow for a comparison of the achievement and proficiency
72-15 of pupils in grades 4, 7 and 10 in this state to that of a national
72-16 reference group of pupils in grades 4, 7 and 10. The questions
72-17 contained in the examinations and the approved answers used for
72-18 grading them are confidential, and disclosure is unlawful except:
72-19 (a) To the extent necessary for administering and evaluating the
72-20 examinations.
72-21 (b) That a disclosure may be made to a:
72-22 (1) State officer who is a member of the executive or
72-23 legislative branch to the extent that it is necessary for the
72-24 performance of his duties;
72-25 (2) Superintendent of schools of a school district to the
72-26 extent that it is necessary for the performance of his duties;
72-27 (3) Director of curriculum of a school district to the extent
72-28 that it is necessary for the performance of his duties; and
72-29 (4) Director of testing of a school district to the extent that it
72-30 is necessary for the performance of his duties.
72-31 (c) That specific questions and answers may be disclosed if the
72-32 superintendent of public instruction determines that the content of
72-33 the questions and answers is not being used in a current examination
72-34 and making the content available to the public poses no threat to the
72-35 security of the current examination process.
72-36 Sec. 68. NRS 389.015 is hereby amended to read as follows:
72-37 389.015 1. The board of trustees of each school district shall
72-38 administer examinations in all public schools of the school district.
72-39 The governing body of a charter school shall administer the same
72-40 examinations in the charter school. The examinations administered
72-41 by the board of trustees and governing body must determine the
72-42 achievement and proficiency of pupils in:
72-43 (a) Reading;
72-44 (b) Mathematics; and
73-1 (c) [Except as otherwise provided in subsection 6, science.]
73-2 Science.
73-3 2. The examinations required by subsection 1 must be:
73-4 (a) Administered before the completion of grades 4, 7, 10
73-5 and 11.
73-6 (b) Administered in each school district and each charter school
73-7 at the same time during the spring semester. The time for the
73-8 administration of the examinations must be prescribed by the State
73-9 Board.
73-10 (c) Administered in each school in accordance with uniform
73-11 procedures adopted by the State Board. The Department shall
73-12 monitor the compliance of school districts and individual schools
73-13 with the uniform procedures.
73-14 (d) Administered in each school in accordance with the plan
73-15 adopted pursuant to NRS 389.616 by the Department and with the
73-16 plan adopted pursuant to NRS 389.620 by the board of trustees of
73-17 the school district in which the examinations are administered. The
73-18 Department shall monitor the compliance of school districts and
73-19 individual schools with:
73-20 (1) The plan adopted by the Department; and
73-21 (2) The plan adopted by the board of trustees of the
73-22 applicable school district, to the extent that the plan adopted by the
73-23 board of trustees of the school district is consistent with the plan
73-24 adopted by the Department.
73-25 (e) Scored by a single private entity that has contracted with the
73-26 State Board to score the examinations. The private entity that scores
73-27 the examinations shall report the results of the examinations in the
73-28 form and by the date required by the Department.
73-29 3. Not more than 14 working days after the results of the
73-30 examinations are reported to the Department by a private entity that
73-31 scored the examinations, the Superintendent of Public Instruction
73-32 shall certify that the results of the examinations have been
73-33 transmitted to each school district and each charter school. Not more
73-34 than 10 working days after a school district receives the results of
73-35 the examinations, the superintendent of schools of each school
73-36 district shall certify that the results of the examinations have been
73-37 transmitted to each school within the school district. Except as
73-38 otherwise provided in this subsection, not more than 15 working
73-39 days after each school receives the results of the examinations, the
73-40 principal of each school and the governing body of each charter
73-41 school shall certify that the results for each pupil have been
73-42 provided to the parent or legal guardian of the pupil:
73-43 (a) During a conference between the teacher of the pupil or
73-44 administrator of the school and the parent or legal guardian of the
73-45 pupil; or
74-1 (b) By mailing the results of the examinations to the last known
74-2 address of the parent or legal guardian of the pupil.
74-3 If a pupil fails the high school proficiency examination, the school
74-4 shall notify the pupil and the parents or legal guardian of the pupil
74-5 as soon as practicable but not later than 15 working days after the
74-6 school receives the results of the examination.
74-7 4. If a pupil fails to demonstrate at least adequate achievement
74-8 on the examination administered before the completion of grade 4, 7
74-9 or 10, he may be promoted to the next higher grade, but the results
74-10 of his examination must be evaluated to determine what remedial
74-11 study is appropriate. If such a pupil is enrolled at a school that has
74-12 failed to make adequate yearly progress or in which less than 60
74-13 percent of the pupils enrolled in grade 4, 7 or 10 in the school who
74-14 took the examinations administered pursuant to this section received
74-15 an average score on those examinations that is at least equal to the
74-16 26th percentile of the national reference group of pupils to which
74-17 the examinations were compared, the pupil must, in accordance with
74-18 the requirements set forth in this subsection, complete remedial
74-19 study that is determined to be appropriate for the pupil.
74-20 5. If a pupil fails to pass the proficiency examination
74-21 administered before the completion of grade 11, he must not be
74-22 graduated until he is able, through remedial study, to pass the
74-23 proficiency examination, but he may be given a certificate of
74-24 attendance, in place of a diploma, if he has reached the age of 17
74-25 years.
74-26 6. The State Board shall prescribe standard examinations of
74-27 achievement and proficiency to be administered pursuant to
74-28 subsection 1. The high school proficiency examination must include
74-29 the subjects of reading , [and] mathematics and science and, except
74-30 for the writing portion prescribed pursuant to NRS 389.550, must be
74-31 developed, printed and scored by a nationally recognized testing
74-32 company in accordance with the process established by the testing
74-33 company. The examinations on reading, mathematics and science
74-34 prescribed for grades 4, 7 and 10 must be selected from
74-35 examinations created by private entities and administered to a
74-36 national reference group, and must allow for a comparison of the
74-37 achievement and proficiency of pupils in grades 4, 7 and 10 in this
74-38 state to that of a national reference group of pupils in grades 4, 7 and
74-39 10. The questions contained in the examinations and the approved
74-40 answers used for grading them are confidential, and disclosure is
74-41 unlawful except:
74-42 (a) To the extent necessary for administering and evaluating the
74-43 examinations.
74-44 (b) That a disclosure may be made to a:
75-1 (1) State officer who is a member of the executive or
75-2 legislative branch to the extent that it is necessary for the
75-3 performance of his duties;
75-4 (2) Superintendent of schools of a school district to the
75-5 extent that it is necessary for the performance of his duties;
75-6 (3) Director of curriculum of a school district to the extent
75-7 that it is necessary for the performance of his duties; and
75-8 (4) Director of testing of a school district to the extent that it
75-9 is necessary for the performance of his duties.
75-10 (c) That specific questions and answers may be disclosed if the
75-11 superintendent of public instruction determines that the content of
75-12 the questions and answers is not being used in a current examination
75-13 and making the content available to the public poses no threat to the
75-14 security of the current examination process.
75-15 Sec. 69. NRS 389.017 is hereby amended to read as follows:
75-16 389.017 1. The State Board shall adopt regulations requiring
75-17 that each board of trustees of a school district and each governing
75-18 body of a charter school submit to the Superintendent of Public
75-19 Instruction and the Department, in the form and manner prescribed
75-20 by the Superintendent, the results of achievement and proficiency
75-21 examinations [given in the 4th, 8th, 10th and 11th grades]
75-22 administered pursuant to NRS 389.015 to public school pupils of
75-23 the district and charter schools. The State Board shall not include in
75-24 the regulations any provision which would violate the
75-25 confidentiality of the test scores of any individual pupil.
75-26 2. The results of examinations must be reported for each
75-27 school, including, without limitation, each charter school, school
75-28 district and this state, as follows:
75-29 (a) The average score, as defined by the Department, of pupils
75-30 who took the examinations under regular testing conditions; and
75-31 (b) The average score, as defined by the Department, of pupils
75-32 who took the examinations with modifications or accommodations ,
75-33 [approved by the private entity that created the examination or, if
75-34 the Department created the examination, the Department,] if such
75-35 reporting does not violate the confidentiality of the test scores of any
75-36 individual pupil.
75-37 3. [The Department shall adopt regulations prescribing the
75-38 requirements for reporting the scores of pupils who:
75-39 (a) Took the examinations under conditions that were not
75-40 approved by the private entity that created the examination or, if the
75-41 Department created the examination, by the Department;
75-42 (b) Are enrolled in special schools for children with disabilities;
75-43 (c) Are enrolled in an alternative program for the education of
75-44 pupils at risk of dropping out of high school, including, without
75-45 limitation, a program of distance education that is provided to pupils
76-1 who are at risk of dropping out of high school pursuant to NRS
76-2 388.820 to 388.874, inclusive; or
76-3 (d) Are detained in a:
76-4 (1) Youth training center;
76-5 (2) Youth center;
76-6 (3) Juvenile forestry camp;
76-7 (4) Detention home;
76-8 (5) Youth camp;
76-9 (6) Juvenile correctional institution; or
76-10 (7) Correctional institution.
76-11 The scores reported pursuant to this subsection must not be included
76-12 in the average scores reported pursuant to subsection 2.
76-13 4.] Not later than 10 days after the Department receives the
76-14 results of the achievement and proficiency examinations, the
76-15 Department shall transmit a copy of the results of the examinations
76-16 administered pursuant to NRS 389.015 to the Legislative Bureau of
76-17 Educational Accountability and Program Evaluation in a manner
76-18 that does not violate the confidentiality of the test scores of any
76-19 individual pupil.
76-20 [5.] 4. On or before [November 15]July 1 of each year, each
76-21 school district and each charter school shall report to the
76-22 Department the following information for each examination
76-23 administered in the public schools in the school district or charter
76-24 school:
76-25 (a) The examination administered;
76-26 (b) The grade level or levels of pupils to whom the examination
76-27 was administered;
76-28 (c) The costs incurred by the school district or charter school in
76-29 administering each examination; and
76-30 (d) The purpose, if any, for which the results of the examination
76-31 are used by the school district or charter school.
76-32 On or before [December 15]September 1 of each year, the
76-33 Department shall transmit to the Budget Division of the Department
76-34 of Administration and the Fiscal Analysis Division of the
76-35 Legislative Counsel Bureau the information submitted to the
76-36 Department pursuant to this subsection.
76-37 [6.] 5. The superintendent of schools of each school district
76-38 and the governing body of each charter school shall certify that the
76-39 number of pupils who took the examinations required pursuant to
76-40 NRS 389.015 is equal to the number of pupils who are enrolled in
76-41 each school in the school district or in the charter school who are
76-42 required to take the examinations . [except for those pupils who are
76-43 exempt from taking the examinations. A pupil may be exempt from
76-44 taking the examinations if:
77-1 (a) His primary language is not English and his proficiency in
77-2 the English language is below the level that the State Board
77-3 determines is proficient, as measured by an assessment of
77-4 proficiency in the English language prescribed by the State Board
77-5 pursuant to subsection 8; or
77-6 (b) He is enrolled in a program of special education pursuant to
77-7 NRS 388.440 to 388.520, inclusive, and his program of special
77-8 education specifies that he is exempt from taking the examinations.
77-9 7.] 6. In addition to the information required by subsection [5,]
77-10 4, the Superintendent of Public Instruction shall:
77-11 (a) Report the number of pupils who were [not exempt from
77-12 taking the examinations but were] absent from school on the day