[Rev. 6/2/2018 5:02:53 PM--2017]

CHAPTER 385A - ACCOUNTABILITY OF PUBLIC SCHOOLS

GENERAL PROVISIONS

NRS 385A.010        Definitions.

NRS 385A.020        “Bureau” defined.

NRS 385A.030        “Committee” defined.

NRS 385A.040        “Title I school” defined.

NRS 385A.050        “Title I school district” defined.

NRS 385A.060        Applicability; scope.

PROGRAM AND ANNUAL REPORTS OF ACCOUNTABILITY

General Provisions

NRS 385A.070        Program of accountability for school districts and certain charter schools; preparation of annual report of accountability by school districts and sponsors of charter schools.

NRS 385A.080        Duties and authority of Superintendent of Public Instruction concerning program of accountability for school districts and certain charter schools and annual report of accountability by school districts and sponsors of charter schools.

NRS 385A.090        Notice of availability of annual report of accountability on Internet; public dissemination of report; availability of copies of report.

 

District Accountability Report

NRS 385A.200        Pupil achievement and school performance.

NRS 385A.210        Class sizes.

NRS 385A.220        Personnel employed by school district; designation of categories of personnel.

NRS 385A.230        Information on teachers, other licensed educational personnel and paraprofessionals.

NRS 385A.240        Attendance, truancy and transiency of pupils.

NRS 385A.250        Discipline of pupils.

NRS 385A.260        Graduation and drop-out rates of pupils; enrollment of pupils in remedial college courses.

NRS 385A.270        Pupils who are eligible for or receive free or reduced-price breakfasts or lunches; regulations.

NRS 385A.280        Pupils who are English learners.

NRS 385A.290        Career and technical education.

NRS 385A.300        Curriculum; remedial and special programs.

NRS 385A.310        Fiscal information; technological facilities and equipment.

NRS 385A.320        District communication; parental involvement.

 

State Accountability Report

NRS 385A.400        Requirements for report; public dissemination of report.

NRS 385A.410        Pupil achievement and school performance.

NRS 385A.420        Class sizes.

NRS 385A.430        Personnel employed by each school district; designation of categories of personnel.

NRS 385A.440        Information on teachers, other licensed educational personnel and paraprofessionals.

NRS 385A.450        Attendance, truancy and transiency of pupils.

NRS 385A.460        Discipline of pupils.

NRS 385A.470        Graduation and drop-out rates of pupils; enrollment of pupils in remedial college courses.

NRS 385A.480        Pupils who are eligible for or receive free or reduced-price breakfasts or lunches.

NRS 385A.490        Pupils who are English learners.

NRS 385A.500        Career and technical education.

NRS 385A.510        Remedial and special programs.

NRS 385A.520        Fiscal information; technological facilities and equipment.

STATEWIDE SYSTEM OF ACCOUNTABILITY

General Provisions

NRS 385A.600        Compliance of statewide system with requirements for receipt of federal education funding; applicability and additional requirements for statewide system; rating of school districts allowed.

NRS 385A.610        Establishment of monitoring system for statewide system; annual summary of findings.

NRS 385A.620        Regulations governing inclusion of pupils enrolled in certain alternative programs within statewide system.

 

Plan to Improve Achievement of Pupils for Individual Schools

NRS 385A.650        Preparation and requirements for plan; annual review; submission of plan.

NRS 385A.660        Process for approval of plan. [Repealed.]

NRS 385A.670        Annual determination of whether public schools are meeting school achievement targets and performance targets; transmission of determinations; effect of irregularity in testing administration or testing security.

NRS 385A.680        Monitoring administration of examinations by Department required under certain circumstances if school fails to meet school achievement targets and performance targets.

 

Annual Rating of Schools

NRS 385A.720        Issuance of preliminary ratings; opportunity for schools to review data; posting of final ratings.

NRS 385A.730        Regulations governing alternative performance framework.

NRS 385A.740        Application for approval to be rated using alternative performance framework; eligibility. [Effective through December 31, 2019.]

NRS 385A.740        Application for approval to be rated using alternative performance framework; eligibility. [Effective January 1, 2020.]

NRS 385A.750        Form for notice to parents concerning rating of school as underperforming.

 

Automated System of Accountability Information for Nevada

NRS 385A.800        Establishment and maintenance of system; access to data within system.

NRS 385A.810        Adoption of uniform program for school districts to collect, maintain and transfer data to system.

NRS 385A.820        Duties of Superintendent of Public Instruction regarding uniform program for collection, maintenance and transfer of data to system.

NRS 385A.830        Operation of system in compliance with federal laws governing release and confidentiality of records.

_________

_________

 

GENERAL PROVISIONS

      NRS 385A.010  Definitions.  As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 385A.020 to 385A.050, inclusive, have the meanings ascribed to them in those sections.

      (Added to NRS by 1997, 1759; A 1999, 2650; 2001, 833; 2003, 19th Special Session, 34; 2005, 1159, 1647, 1975; 2009, 337, 2304; 2013, 1894; 2015, 965) — (Substituted in revision for NRS 385.3455)

      NRS 385A.020  “Bureau” defined.  “Bureau” means the Legislative Bureau of Educational Accountability and Program Evaluation created pursuant to NRS 218E.625.

      (Added to NRS by 1997, 1759) — (Substituted in revision for NRS 385.346)

      NRS 385A.030  “Committee” defined.  “Committee” means the Legislative Committee on Education created pursuant to NRS 218E.605.

      (Added to NRS by 1997, 1759) — (Substituted in revision for NRS 385.3465)

      NRS 385A.040  “Title I school” defined.  “Title I school” means a public school that receives money pursuant to the Every Student Succeeds Act of 2015, 20 U.S.C. §§ 6301 et seq., and is obligated to comply with the provisions of that federal law.

      (Added to NRS by 2003, 19th Special Session, 2; A 2017, 3216) — (Substituted in revision for NRS 385.3467)

      NRS 385A.050  “Title I school district” defined.  “Title I school district” means a school district that receives money pursuant to the Every Student Succeeds Act of 2015, 20 U.S.C. §§ 6301 et seq., and is obligated to comply with the provisions of that federal law.

      (Added to NRS by 2003, 19th Special Session, 2; A 2017, 3216) — (Substituted in revision for NRS 385.34675)

      NRS 385A.060  Applicability; scope.  The provisions of this chapter do not supersede, negate or otherwise limit the effect or application of the provisions of chapters 288, 391 and 391A of NRS or the rights, remedies and procedures afforded to employees of a school district under the terms of collective bargaining agreements, memoranda of understanding or other such agreements between employees and their employers.

      (Added to NRS by 2003, 19th Special Session, 2; A 2005, 1159; 2009, 2304; 2013, 1894; 2015, 965) — (Substituted in revision for NRS 385.3468)

PROGRAM AND ANNUAL REPORTS OF ACCOUNTABILITY

General Provisions

      NRS 385A.070  Program of accountability for school districts and certain charter schools; preparation of annual report of accountability by school districts and sponsors of charter schools.

      1.  The board of trustees of each school district in this State, in cooperation with associations recognized by the State Board as representing licensed educational personnel in the district, shall adopt a program providing for the accountability of the school district to the residents of the district and to the State Board for the quality of the schools and the educational achievement of the pupils in the district, including, without limitation, pupils enrolled in charter schools sponsored by the school district. The board of trustees of each school district shall report the information required by NRS 385A.070 to 385A.320, inclusive, for each charter school sponsored by the school district. The information for charter schools must be reported separately.

      2.  The board of trustees of each school district shall, on or before December 31 of each year, prepare for the immediately preceding school year a single annual report of accountability concerning the educational goals and objectives of the school district, the information prescribed by NRS 385A.070 to 385A.320, inclusive, and such other information as is directed by the Superintendent of Public Instruction. A separate reporting for a group of pupils must not be made pursuant to NRS 385A.070 to 385A.320, inclusive, if the number of pupils in that group is insufficient to yield statistically reliable information or the results would reveal personally identifiable information about an individual pupil. The Department shall use the mechanism approved by the United States Department of Education for the statewide system of accountability for public schools for determining the minimum number of pupils that must be in a group for that group to yield statistically reliable information.

      3.  The State Public Charter School Authority, the Achievement School District and each college or university within the Nevada System of Higher Education that sponsors a charter school shall, on or before December 31 of each year, prepare for the immediately preceding school year an annual report of accountability of the charter schools sponsored by the State Public Charter School Authority, Achievement School District or institution, as applicable, concerning the accountability information prescribed by the Department pursuant to this section. The Department, in consultation with the State Public Charter School Authority, the Achievement School District and each college or university within the Nevada System of Higher Education that sponsors a charter school, shall prescribe by regulation the information that must be prepared by the State Public Charter School Authority, Achievement School District and institution, as applicable, which must include, without limitation, the information contained in subsection 2 and NRS 385A.070 to 385A.320, inclusive, as applicable to charter schools. The Department shall provide for public dissemination of the annual report of accountability prepared pursuant to this section by posting a copy of the report on the Internet website maintained by the Department.

      4.  The annual report of accountability prepared pursuant to this section must be presented in an understandable and uniform format and, to the extent practicable, provided in a language that parents can understand.

      (Added to NRS by 1989, 2117; A 1993, 2745; 1995, 1741, 1744; 1997, 1767, 1841, 2832; 1999, 613, 617, 2650, 3449; 2001, 248, 1470, 3119; 2003, 19th Special Session, 34; 2005, 353, 1164, 2390, 2530; 2007, 366, 1070, 1809, 1936, 2549; 2009, 344; 2011, 552, 640, 1964, 2234, 2269, 2318; 2013, 1903, 2030, 2128, 3243, 3400; 2015, 965, 3778; 2017, 720) — (Substituted in revision for part of NRS 385.347)

      NRS 385A.080  Duties and authority of Superintendent of Public Instruction concerning program of accountability for school districts and certain charter schools and annual report of accountability by school districts and sponsors of charter schools.

      1.  The Superintendent of Public Instruction shall:

      (a) Prescribe forms for the reports required pursuant to NRS 385A.070 and provide the forms to the respective school districts, the State Public Charter School Authority, the Achievement School District and each college or university within the Nevada System of Higher Education that sponsors a charter school.

      (b) Provide statistical information and technical assistance to the school districts, the State Public Charter School Authority, the Achievement School District and each college or university within the Nevada System of Higher Education that sponsors a charter school to ensure that the reports provide comparable information with respect to each school in each district, each charter school and among the districts and charter schools throughout this State.

      (c) Consult with a representative of the:

             (1) Nevada State Education Association;

             (2) Nevada Association of School Boards;

             (3) Nevada Association of School Administrators;

             (4) Nevada Parent Teacher Association;

             (5) Budget Division of the Office of Finance;

             (6) Legislative Counsel Bureau; and

             (7) Charter School Association of Nevada,

Ê concerning the program adopted pursuant to subsection 1 of NRS 385A.070 and consider any advice or recommendations submitted by the representatives with respect to the program.

      2.  The Superintendent of Public Instruction may consult with representatives of parent groups other than the Nevada Parent Teacher Association concerning the program adopted pursuant to subsection 1 of NRS 385A.070 and consider any advice or recommendations submitted by the representatives with respect to the program.

      (Added to NRS by 1989, 2117; A 1993, 2745; 1995, 1741, 1744; 1997, 1767, 1841, 2832; 1999, 613, 617, 2650, 3449; 2001, 248, 1470, 3119; 2003, 19th Special Session, 34; 2005, 353, 1164, 2390, 2530; 2007, 366, 1070, 1809, 1936, 2549; 2009, 344; 2011, 552, 640, 1964, 2234, 2269, 2318; 2013, 1903, 2030, 2128, 3243, 3400; 2015, 965, 3778) — (Substituted in revision for part of NRS 385.347)

      NRS 385A.090  Notice of availability of annual report of accountability on Internet; public dissemination of report; availability of copies of report.

      1.  On or before September 30 of each year:

      (a) The board of trustees of each school district, the State Public Charter School Authority, the Achievement School District and each college or university within the Nevada System of Higher Education that sponsors a charter school shall provide written notice that the report required pursuant to NRS 385A.070 is available on the Internet website maintained by the school district, State Public Charter School Authority, Achievement School District or institution, if any, or otherwise provide written notice of the availability of the report. The written notice must be provided to the:

             (1) Governor;

             (2) State Board;

             (3) Department;

             (4) Committee;

             (5) Bureau; and

             (6) The Attorney General, with a specific reference to the information that is reported pursuant to paragraph (e) of subsection 1 of NRS 385A.250.

      (b) The board of trustees of each school district, the State Public Charter School Authority, the Achievement School District and each college or university within the Nevada System of Higher Education that sponsors a charter school shall provide for public dissemination of the annual report of accountability prepared pursuant to NRS 385A.070 by posting a copy of the report on the Internet website maintained by the school district, the State Public Charter School Authority, the Achievement School District or the institution, if any. If a school district does not maintain a website, the district shall otherwise provide for public dissemination of the annual report by providing a copy of the report to the schools in the school district, including, without limitation, each charter school sponsored by the district, the residents of the district, and the parents and guardians of pupils enrolled in schools in the district, including, without limitation, each charter school sponsored by the district. If the State Public Charter School Authority, the Achievement School District or the institution does not maintain a website, the State Public Charter School Authority, the Achievement School District or the institution, as applicable, shall otherwise provide for public dissemination of the annual report by providing a copy of the report to each charter school it sponsors and the parents and guardians of pupils enrolled in each charter school it sponsors.

      2.  Upon the request of the Governor, the Attorney General, an entity described in paragraph (a) of subsection 1 or a member of the general public, the board of trustees of a school district, the State Public Charter School Authority, the Achievement School District or a college or university within the Nevada System of Higher Education that sponsors a charter school, as applicable, shall provide a portion or portions of the report required pursuant to NRS 385A.070.

      (Added to NRS by 1989, 2117; A 1993, 2745; 1995, 1741, 1744; 1997, 1767, 1841, 2832; 1999, 613, 617, 2650, 3449; 2001, 248, 1470, 3119; 2003, 19th Special Session, 34; 2005, 353, 1164, 2390, 2530; 2007, 366, 1070, 1809, 1936, 2549; 2009, 344; 2011, 552, 640, 1964, 2234, 2269, 2318; 2013, 1903, 2030, 2128, 3243, 3400; 2015, 965, 3778) — (Substituted in revision for part of NRS 385.347)

District Accountability Report

      NRS 385A.200  Pupil achievement and school performance.  The annual report of accountability prepared pursuant to NRS 385A.070 must include information on pupil achievement and school performance, including, without limitation, pupil achievement for each school in the district and the district as a whole, including, without limitation, each charter school sponsored by the district. The board of trustees of the district shall base its report on the results of the examinations administered pursuant to NRS 390.105 and the college and career readiness assessment administered pursuant to NRS 390.610 and shall compare the results of those examinations for the school year for which the annual report is being prepared with those of previous school years. The report must include, for each school in the district, including, without limitation, each charter school sponsored by the district, and each grade in which the examinations and assessments were administered:

      1.  The number of pupils who took the examinations and a record of attendance for the period in which the examinations were administered, including an explanation of any difference in the number of pupils who took the examinations and the number of pupils who are enrolled in the school.

      2.  Except as otherwise provided in subsection 2 of NRS 385A.070, pupil achievement, reported separately by gender and reported separately for the groups of pupils identified in the statewide system of accountability for public schools.

      3.  A comparison of the achievement of pupils in each group identified in the statewide system of accountability for public schools with the performance targets established for that group.

      4.  The percentage of pupils who were not tested.

      5.  Except as otherwise provided in subsection 2 of NRS 385A.070, the percentage of pupils who were not tested, reported separately by gender and reported separately for the groups identified in the statewide system of accountability for public schools.

      6.  The most recent 3-year trend in pupil achievement in each subject area tested and each grade level tested pursuant to NRS 390.105 and the college and career readiness assessment administered pursuant to NRS 390.610, which may include information regarding the trend in the achievement of pupils for more than 3 years, if such information is available.

      7.  The rating of each public school in the district, including, without limitation, each charter school sponsored by the district, pursuant to the statewide system of accountability for public schools.

      8.  Information on whether each school in the district, including, without limitation, each charter school sponsored by the district, has made progress based upon the model adopted by the Department pursuant to NRS 390.125.

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

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

      (Added to NRS by 1989, 2117; A 1993, 2745; 1995, 1741, 1744; 1997, 1767, 1841, 2832; 1999, 613, 617, 2650, 3449; 2001, 248, 1470, 3119; 2003, 19th Special Session, 34; 2005, 353, 1164, 2390, 2530; 2007, 366, 1070, 1809, 1936, 2549; 2009, 344; 2011, 552, 640, 1964, 2234, 2269, 2318; 2013, 1903, 3243; 2017, 721, 3216) — (Substituted in revision for NRS 385.3472)

      NRS 385A.210  Class sizes.  The annual report of accountability prepared pursuant to NRS 385A.070 must include information on class sizes, including, without limitation:

      1.  The ratio of pupils to teachers in kindergarten and at each grade level for each elementary school in the district and the district as a whole, including, without limitation, each charter school sponsored by the district; and

      2.  The average class size for each core academic subject, as set forth in NRS 389.018, for each secondary school in the district and the district as a whole, including, without limitation, each charter school sponsored by the district.

      (Added to NRS by 1989, 2117; A 1993, 2745; 1995, 1741, 1744; 1997, 1767, 1841, 2832; 1999, 613, 617, 2650, 3449; 2001, 248, 1470, 3119; 2003, 19th Special Session, 34; 2005, 353, 1164, 2390, 2530; 2007, 366, 1070, 1809, 1936, 2549; 2009, 344; 2011, 552, 640, 1964, 2234, 2269, 2318) — (Substituted in revision for NRS 385.3474)

      NRS 385A.220  Personnel employed by school district; designation of categories of personnel.

      1.  The annual report of accountability prepared pursuant to NRS 385A.070 must include information on personnel, including, without limitation:

      (a) The total number of persons employed for each elementary school, middle school or junior high school, and high school in the district, including, without limitation, each charter school sponsored by the district. Each such person must be reported as either an administrator, a teacher or other staff and must not be reported in more than one category.

      (b) In addition to the total number of persons employed by each school in each category, the number of employees in each of the three categories for each school expressed as a percentage of the total number of persons employed by the school.

      (c) The total number of persons employed by the school district, including without limitation, each charter school sponsored by the district. Each such person must be reported as either an administrator, a teacher or other staff and must not be reported in more than one category.

      (d) In addition to the total number of persons employed by the school district in each category, the number of employees in each of the three categories expressed as a percentage of the total number of persons employed by the school district.

      2.  As used in this section:

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

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

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

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

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

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

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

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

      (Added to NRS by 1989, 2117; A 1993, 2745; 1995, 1741, 1744; 1997, 1767, 1841, 2832; 1999, 613, 617, 2650, 3449; 2001, 248, 1470, 3119; 2003, 19th Special Session, 34; 2005, 353, 1164, 2390, 2530; 2007, 366, 1070, 1809, 1936, 2549; 2009, 344; 2011, 552, 640, 1964, 2234, 2269, 2318) — (Substituted in revision for NRS 385.3476)

      NRS 385A.230  Information on teachers, other licensed educational personnel and paraprofessionals.

      1.  The annual report of accountability prepared pursuant to NRS 385A.070 must include information on teachers, other licensed educational personnel and paraprofessionals, including, without limitation:

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

             (1) The total number of:

                   (I) Teachers and other licensed educational personnel employed at each school;

                   (II) Vacancies at each school which are not filled by a teacher who has a contract to teach at the school on a full-time basis, as determined by the Commission on Professional Standards in Education;

                   (III) Teachers and other licensed educational personnel employed at each school who provide instruction in a grade level or subject area for which they do not meet the requirements for licensure or do not hold a required endorsement;

                   (IV) Teachers and other licensed educational personnel employed at each school who are inexperienced, as defined by the Commission on Professional Standards in Education; and

                   (V) Employees at each school whose overall performance was determined to be highly effective, effective, developing or ineffective under the statewide performance evaluation system.

             (2) The percentage of:

                   (I) Teachers and other licensed educational personnel employed by the school district who are employed at each school;

                   (II) Vacancies at each school which are not filled by a teacher who has a contract to teach at the school on a full-time basis, as determined by the Commission on Professional Standards in Education;

                   (III) Teachers and other licensed educational personnel employed at each school who provide instruction in a grade level or subject area for which they do not meet the requirements for licensure or do not hold a required endorsement;

                   (IV) Teachers and other licensed educational personnel employed at each school who are inexperienced, as defined by the Commission on Professional Standards in Education; and

                   (V) Employees at each school whose overall performance was determined to be highly effective, effective, developing or ineffective under the statewide performance evaluation system.

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

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

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

             (4) For each elementary school:

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

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

      (b) Records of attendance of teachers who provide instruction, for each school in the district and the district as a whole, including, without limitation, each charter school sponsored by the district. The records of attendance maintained by a school for purposes of this paragraph must include the number of teachers who are in attendance at school and the number of teachers who are absent from school. A teacher shall be deemed in attendance if the teacher is excused from being present in the classroom by the school in which the teacher is employed for one of the following reasons:

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

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

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

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

             (2) The number of paraprofessionals employed at the school who do not satisfy the requirements prescribed by the Department to comply with 20 U.S.C. § 6311(g)(2)(M);

             (3) The percentage of paraprofessionals employed by the school district who do not satisfy the requirements prescribed by the Department to comply with 20 U.S.C. § 6311(g)(2)(M) who are employed at the school; and

             (4) Any other information required by regulation of the State Board.

      2.  As used in this section, “paraprofessional” has the meaning ascribed to it in NRS 391.008.

      (Added to NRS by 1989, 2117; A 1993, 2745; 1995, 1741, 1744; 1997, 1767, 1841, 2832; 1999, 613, 617, 2650, 3449; 2001, 248, 1470, 3119; 2003, 19th Special Session, 34; 2005, 353, 1164, 2390, 2530; 2007, 366, 1070, 1809, 1936, 2549; 2009, 344; 2011, 552, 640, 1964, 2234, 2269, 2318; 2013, 1646; 2017, 3217) — (Substituted in revision for NRS 385.3478)

      NRS 385A.240  Attendance, truancy and transiency of pupils.

      1.  The annual report of accountability prepared pursuant to NRS 385A.070 must include information on the attendance, truancy and transiency of pupils, including, without limitation:

      (a) Records of the attendance and truancy of pupils in all grades, including, without limitation:

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

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

      (b) The number of pupils in each grade who are retained in the same grade pursuant to NRS 392.033, 392.125 or 392.760, for each school in the district and the district as a whole, including, without limitation, each charter school sponsored by the district.

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

      (d) The number of habitual truants reported for each school in the district and for the district as a whole, including, without limitation, the number who are:

             (1) Reported to an attendance officer, a school police officer or a local law enforcement agency pursuant to paragraph (a) of subsection 2 of NRS 392.144;

             (2) Referred to an advisory board to review school attendance pursuant to paragraph (b) of subsection 2 of NRS 392.144; and

             (3) Referred for the imposition of administrative sanctions pursuant to paragraph (c) of subsection 2 of NRS 392.144.

      2.  On or before September 30 of each year:

      (a) The board of trustees of each school district shall submit to each advisory board to review school attendance created in the county pursuant to NRS 392.126 the information required by paragraph (a) of subsection 1.

      (b) The State Public Charter School Authority, the Achievement School District and each college or university within the Nevada System of Higher Education that sponsors a charter school shall submit to each advisory board to review school attendance created in a county pursuant to NRS 392.126 the information regarding the records of the attendance and truancy of pupils enrolled in the charter school located in that county, if any, in accordance with the regulations prescribed by the Department pursuant to subsection 3 of NRS 385A.070.

      (Added to NRS by 1989, 2117; A 1993, 2745; 1995, 1741, 1744; 1997, 1767, 1841, 2832; 1999, 613, 617, 2650, 3449; 2001, 248, 1470, 3119; 2003, 19th Special Session, 34; 2005, 353, 1164, 2390, 2530; 2007, 366, 1070, 1809, 1936, 2549; 2009, 344; 2011, 552, 640, 1964, 2234, 2269, 2318; 2013, 1679, 2449, 3243; 2015, 1859, 3780) — (Substituted in revision for NRS 385.3481)

      NRS 385A.250  Discipline of pupils.

      1.  The annual report of accountability prepared pursuant to NRS 385A.070 must include information on the discipline of pupils, including, without limitation:

      (a) Records of incidents involving weapons or violence for each school in the district, including, without limitation, each charter school sponsored by the district.

      (b) Records of incidents involving the use or possession of alcoholic beverages or controlled substances for each school in the district, including, without limitation, each charter school sponsored by the district.

      (c) Records of the suspension and expulsion of pupils required or authorized pursuant to NRS 392.466 and 392.467.

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

      (e) For each school in the district and the district as a whole, including, without limitation, each charter school sponsored by the district:

             (1) The number of reported violations of NRS 388.135 occurring at a school or otherwise involving a pupil enrolled at a school, regardless of the outcome of the investigation conducted pursuant to NRS 388.1351;

             (2) The number of incidents determined to be bullying or cyber-bullying after an investigation is conducted pursuant to NRS 388.1351;

             (3) The number of incidents resulting in suspension or expulsion for bullying or cyber-bullying; and

             (4) Any actions taken to reduce the number of incidents of bullying or cyber-bullying including, without limitation, training that was offered or other policies, practices and programs that were implemented.

      (f) For each high school in the district, including, without limitation, each charter school sponsored by the district that operates as a high school, and for high schools in the district as a whole:

             (1) The number and percentage of pupils whose violations of the code of honor relating to cheating prescribed pursuant to NRS 392.461 or any other code of honor applicable to pupils enrolled in high school were reported to the principal of the high school, reported by the type of violation;

             (2) The consequences, if any, to the pupil whose violation is reported pursuant to subparagraph (1), reported by the type of consequence;

             (3) The number of any such violations of a code of honor in a previous school year by a pupil whose violation is reported pursuant to subparagraph (1), reported by the type of violation; and

             (4) The process used by the high school to address violations of a code of honor which are reported to the principal.

      2.  As used in this section:

      (a) “Bullying” has the meaning ascribed to it in NRS 388.122.

      (b) “Cyber-bullying” has the meaning ascribed to it in NRS 388.123.

      (Added to NRS by 1989, 2117; A 1993, 2745; 1995, 1741, 1744; 1997, 1767, 1841, 2832; 1999, 613, 617, 2650, 3449; 2001, 248, 1470, 3119; 2003, 19th Special Session, 34; 2005, 353, 1164, 2390, 2530; 2007, 366, 1070, 1809, 1936, 2549; 2009, 344; 2011, 552, 640, 1964, 2234, 2269, 2318; 2013, 1646, 1903, 2030, 2128) — (Substituted in revision for NRS 385.3483)

      NRS 385A.260  Graduation and drop-out rates of pupils; enrollment of pupils in remedial college courses.  The annual report of accountability prepared pursuant to NRS 385A.070 must include information on the graduation and drop-out rates of pupils and the enrollment of pupils in remedial courses in college, including, without limitation:

      1.  For each school in the district and the district as a whole, including, without limitation, each charter school sponsored by the district, the number and percentage of pupils who received:

      (a) A standard high school diploma.

      (b) An adult diploma.

      (c) An adjusted diploma.

      (d) An alternative diploma.

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

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

      (a) Provide proof to the school district of successful completion of the high school equivalency assessment selected by the State Board pursuant to NRS 390.055.

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

      (c) Withdraw from school to attend another school.

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

      (Added to NRS by 1989, 2117; A 1993, 2745; 1995, 1741, 1744; 1997, 1767, 1841, 2832; 1999, 613, 617, 2650, 3449; 2001, 248, 1470, 3119; 2003, 19th Special Session, 34; 2005, 353, 1164, 2390, 2530; 2007, 366, 1070, 1809, 1936, 2549; 2009, 344; 2011, 552, 640, 1964, 2234, 2269, 2318; 2013, 3243; 2017, 232, 722) — (Substituted in revision for NRS 385.3485)

      NRS 385A.270  Pupils who are eligible for or receive free or reduced-price breakfasts or lunches; regulations.

      1.  The annual report of accountability prepared pursuant to NRS 385A.070 must include, for each school in the district and the district as a whole, including, without limitation, each charter school sponsored by the district, information concerning pupils who are eligible for free or reduced-price breakfasts pursuant to 42 U.S.C. §§ 1771 et seq. and pupils who are eligible for free or reduced-price lunches pursuant to 42 U.S.C. §§ 1751 et seq., including, without limitation:

      (a) The number and percentage of pupils who are eligible for free or reduced-price breakfasts;

      (b) The percentage of pupils who receive free and reduced-price breakfasts;

      (c) The number and percentage of pupils who are eligible for free or reduced-price lunches;

      (d) The percentage of pupils who receive free and reduced-price lunches;

      (e) A comparison of the achievement and proficiency of pupils, reported separately by race and ethnicity, who are eligible for free or reduced-price breakfasts, pupils who receive free and reduced-price breakfasts, pupils who are eligible for free or reduced-price lunches, pupils who receive free and reduced-price lunches and pupils who are not eligible for free or reduced-price breakfasts or lunches;

      (f) A comparison of pupils, reported separately by race and ethnicity, who are eligible for free or reduced-price breakfasts, pupils who receive free and reduced-price breakfasts, pupils who are eligible for free or reduced-price lunches and pupils who receive free and reduced-price lunches for which data is required to be collected in the following areas:

             (1) Retention rates;

             (2) Graduation rates;

             (3) Dropout rates;

             (4) Grade point averages; and

             (5) Scores on the examinations administered pursuant to NRS 390.105 and the college and career readiness assessment administered pursuant to NRS 390.610.

      2.  The State Board may adopt any regulations necessary to carry out the provisions of this section.

      (Added to NRS by 2015, 964; A 2017, 3219)

      NRS 385A.280  Pupils who are English learners.  The annual report of accountability prepared pursuant to NRS 385A.070 must include, for each school in the district and the district as a whole, including, without limitation, each charter school sponsored by the district, information regarding the progression of pupils who are English learners in attaining proficiency in the English language, including, without limitation:

      1.  The number and percentage of pupils who were identified as English learners at the beginning of the school year, were continually enrolled throughout the school year and were identified as proficient in English by the completion of the school year;

      2.  The achievement and proficiency of pupils who are English learners in comparison to the pupils who are proficient in English;

      3.  A comparison of pupils who are English learners and pupils who are proficient in the English language in the following areas:

      (a) Retention rates;

      (b) Graduation rates;

      (c) Dropout rates;

      (d) Grade point averages; and

      (e) Scores on the examinations administered pursuant to NRS 390.105 and the college and career readiness assessment administered pursuant to NRS 390.610; and

      4.  Results of the assessments and reassessments of pupils who are English learners, reported separately by the primary language of the pupils, pursuant to the policy developed by the board of trustees of the school district pursuant to NRS 388.407.

      (Added to NRS by 1989, 2117; A 1993, 2745; 1995, 1741, 1744; 1997, 1767, 1841, 2832; 1999, 613, 617, 2650, 3449; 2001, 248, 1470, 3119; 2003, 19th Special Session, 34; 2005, 353, 1164, 2390, 2530; 2007, 366, 1070, 1809, 1936, 2549; 2009, 344; 2011, 552, 640, 1964, 2234, 2269, 2318; 2013, 3400; 2017, 3220) — (Substituted in revision for NRS 385.3487)

      NRS 385A.290  Career and technical education.  The annual report of accountability prepared pursuant to NRS 385A.070 must include, for each school in the district and the district as a whole, including, without limitation, each charter school sponsored by the district, information on pupils enrolled in career and technical education, including, without limitation:

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

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

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

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

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

      6.  The number and percentage of pupils who completed a program of career and technical education and who did not receive a high school diploma because the pupils failed to satisfy the requirements of subsection 3 or 4 of NRS 390.600 or the criteria prescribed by the State Board pursuant to subsection 1 of NRS 390.600.

      (Added to NRS by 1989, 2117; A 1993, 2745; 1995, 1741, 1744; 1997, 1767, 1841, 2832; 1999, 613, 617, 2650, 3449; 2001, 248, 1470, 3119; 2003, 19th Special Session, 34; 2005, 353, 1164, 2390, 2530; 2007, 366, 1070, 1809, 1936, 2549; 2009, 344; 2011, 552, 640, 1964, 2234, 2269, 2318; 2013, 3243; 2017, 233) — (Substituted in revision for NRS 385.3489)

      NRS 385A.300  Curriculum; remedial and special programs.  The annual report of accountability prepared pursuant to NRS 385A.070 must include information on the curriculum and remedial and special programs, including, without limitation:

      1.  The curriculum used by the school district, including:

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

      (b) The curriculum used by each charter school sponsored by the district.

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

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

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

      (Added to NRS by 1989, 2117; A 1993, 2745; 1995, 1741, 1744; 1997, 1767, 1841, 2832; 1999, 613, 617, 2650, 3449; 2001, 248, 1470, 3119; 2003, 19th Special Session, 34; 2005, 353, 1164, 2390, 2530; 2007, 366, 1070, 1809, 1936, 2549; 2009, 344; 2011, 552, 640, 1964, 2234, 2269, 2318) — (Substituted in revision for NRS 385.3491)

      NRS 385A.310  Fiscal information; technological facilities and equipment.  The annual report of accountability prepared pursuant to NRS 385A.070 must include fiscal information and information relating to technological facilities and equipment, including, without limitation:

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

      2.  Each source of funding for the school district.

      3.  An identification of the appropriations made by the Legislature that are available to the school district or the schools within the district and programs approved by the Legislature to improve the academic achievement of pupils.

      4.  The amount and sources of money received for the training and professional development of teachers and other educational personnel for each school in the district and for the district as a whole, including, without limitation, each charter school sponsored by the district.

      5.  The technological facilities and equipment available at each school, including, without limitation, each charter school sponsored by the district, and the district’s plan to incorporate educational technology at each school.

      (Added to NRS by 1989, 2117; A 1993, 2745; 1995, 1741, 1744; 1997, 1767, 1841, 2832; 1999, 613, 617, 2650, 3449; 2001, 248, 1470, 3119; 2003, 19th Special Session, 34; 2005, 353, 1164, 2390, 2530; 2007, 366, 1070, 1809, 1936, 2549; 2009, 344; 2011, 552, 640, 1964, 2234, 2269, 2318) — (Substituted in revision for NRS 385.3493)

      NRS 385A.320  District communication; parental involvement.  The annual report of accountability prepared pursuant to NRS 385A.070 must include information on district communication efforts and parental involvement, including, without limitation, efforts made by the school district and by each school in the district, including, without limitation, each charter school sponsored by the district, to increase:

      1.  Communication with the parents of pupils enrolled in the district;

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

      3.  The involvement of parents and the engagement of families of pupils enrolled in the district in the education of their children.

      (Added to NRS by 1989, 2117; A 1993, 2745; 1995, 1741, 1744; 1997, 1767, 1841, 2832; 1999, 613, 617, 2650, 3449; 2001, 248, 1470, 3119; 2003, 19th Special Session, 34; 2005, 353, 1164, 2390, 2530; 2007, 366, 1070, 1809, 1936, 2549; 2009, 344; 2011, 552, 640, 1964, 2234, 2269, 2318) — (Substituted in revision for NRS 385.3495)

State Accountability Report

      NRS 385A.400  Requirements for report; public dissemination of report.

      1.  The State Board shall, on or before January 15 of each year, prepare for the immediately preceding school year a single annual report of accountability that includes, without limitation the information prescribed by NRS 385A.400 to 385A.520, inclusive.

      2.  A separate reporting for a group of pupils must not be made pursuant to NRS 385A.400 to 385A.520, inclusive, if the number of pupils in that group is insufficient to yield statistically reliable information or the results would reveal personally identifiable information about an individual pupil. The Department shall use the mechanism approved by the United States Department of Education for the statewide system of accountability for public schools for determining the minimum number of pupils that must be in a group for that group to yield statistically reliable information.

      3.  The annual report of accountability must:

      (a) Be prepared in a concise manner; and

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

      4.  On or before January 15 of each year, the State Board shall provide for public dissemination of the annual report of accountability by posting a copy of the report on the Internet website maintained by the Department.

      5.  Upon the request of the Governor, the Attorney General, the Committee, the Bureau, the Board of Regents of the University of Nevada, the board of trustees of a school district, the governing body of a charter school, the Executive Director of the Achievement School District or a member of the general public, the State Board shall provide a portion or portions of the annual report of accountability.

      (Added to NRS by 2003, 19th Special Session, 4; A 2005, 349, 1159; 2007, 361, 1065, 1805, 1928; 2009, 338; 2011, 543, 633, 2227, 2263; 2013, 1894, 2122; 2015, 967, 3781; 2017, 722) — (Substituted in revision for NRS 385.3572)

      NRS 385A.410  Pupil achievement and school performance.  The annual report of accountability prepared by the State Board pursuant to NRS 385A.400 must include information on pupil achievement and school performance, including, without limitation:

      1.  Information on the achievement of all pupils based upon the results of the examinations administered pursuant to NRS 390.105 and the college and career readiness assessment administered pursuant to NRS 390.610, reported for each school district, including, without limitation, each charter school in the district, and for this State as a whole.

      2.  Except as otherwise provided in subsection 2 of NRS 385A.400, pupil achievement, reported separately by gender and reported separately for the groups of pupils identified in the statewide system of accountability for public schools.

      3.  A comparison of the achievement of pupils in each group identified in the statewide system of accountability for public schools with the performance targets established for that group.

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

      5.  Except as otherwise provided in subsection 2 of NRS 385A.400, the percentage of pupils who were not tested, reported separately by gender and reported separately for the groups identified in the statewide system of accountability for public schools.

      6.  The most recent 3-year trend in the achievement of pupils in each subject area tested and each grade level tested pursuant to NRS 390.105 and the college and career readiness assessment administered pursuant to NRS 390.610, reported for each school district, including, without limitation, each charter school in the district, and for this State as a whole, which may include information regarding the trend in the achievement of pupils for more than 3 years, if such information is available.

      7.  The rating of each public school, including, without limitation, each charter school, pursuant to the statewide system of accountability for public schools.

      8.  Information on whether each public school, including, without limitation, each charter school, has made progress based upon the model adopted by the Department pursuant to NRS 390.125, if applicable for the grade level of pupils enrolled at the school.

      9.  Information on the results of pupils who participated in the examinations of the National Assessment of Educational Progress required pursuant to NRS 390.830.

      (Added to NRS by 2003, 19th Special Session, 4; A 2005, 349, 1159; 2007, 361, 1065, 1805, 1928; 2009, 338; 2011, 543, 633, 2227, 2263; 2013, 1894, 3232; 2017, 3220) — (Substituted in revision for NRS 385.3574)

      NRS 385A.420  Class sizes.  The annual report of accountability prepared by the State Board pursuant to NRS 385A.400 must include information on class sizes, including, without limitation:

      1.  The ratio of pupils to teachers in kindergarten and at each grade level for all elementary schools, reported for each school district, including, without limitation, each charter school in the district, and for this State as a whole; and

      2.  The average class size for each core academic subject, as set forth in NRS 389.018, for each secondary school, reported for each school district and for this State as a whole.

      (Added to NRS by 2003, 19th Special Session, 4; A 2005, 349, 1159; 2007, 361, 1065, 1805, 1928; 2009, 338; 2011, 543, 633, 2227, 2263) — (Substituted in revision for NRS 385.3576)

      NRS 385A.430  Personnel employed by each school district; designation of categories of personnel.

      1.  The annual report of accountability prepared by the State Board pursuant to NRS 385A.400 must include information on personnel, including, without limitation:

      (a) The total number of persons employed by each school district in this State, including, without limitation, each charter school in the district. Each such person must be reported as either an administrator, a teacher or other staff and must not be reported in more than one category.

      (b) In addition to the total number of persons employed by each school district in each category, the number of employees in each of the three categories expressed as a percentage of the total number of persons employed by the school district.

      2.  As used in this section:

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

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

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

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

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

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

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

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

      (Added to NRS by 2003, 19th Special Session, 4; A 2005, 349, 1159; 2007, 361, 1065, 1805, 1928; 2009, 338; 2011, 543, 633, 2227, 2263) — (Substituted in revision for NRS 385.3578)

      NRS 385A.440  Information on teachers, other licensed educational personnel and paraprofessionals.

      1.  The annual report of accountability prepared by the State Board pursuant to NRS 385A.400 must include information on teachers, other licensed personnel and paraprofessionals, including, without limitation:

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

             (1) The total number of:

                   (I) Teachers and other licensed educational personnel employed by each school district, including, without limitation, each charter school in the district, and for this State as a whole;

                   (II) Vacancies at each school district, including, without limitation, each charter school in the district, which are not filled by a teacher who has a contract to teach on a full-time basis, as determined by the Commission on Professional Standards in Education and for this State as a whole;

                   (III) Teachers and other licensed educational personnel employed by each school district, including, without limitation, each charter school in the district, who provide instruction in a grade level or subject area for which they do not meet the requirements for licensure or do not hold a required endorsement, and for this State as a whole;

                   (IV) Teachers or other licensed educational personnel who are inexperienced, as defined by the Commission on Professional Standards in Education, employed by each school district, including, without limitation, each charter school in the district, and for this State as a whole; and

                   (V) Employees at each school district, including, without limitation, each charter school in the district, whose overall performance was determined to be highly effective, effective, developing or ineffective under the statewide performance evaluation system, and for this State as a whole.

             (2) The percentage of:

                   (I) Teachers and other licensed educational personnel employed in this State who are employed by each school district, including, without limitation, each charter school in the district, and for this State as a whole;

                   (II) Vacancies at each school district including, without limitation, each charter school in the district, which are not filled by a teacher who has a contract to teach on a full-time basis, as determined by the Commission on Professional Standards in Education, and for this State as a whole;

                   (III) Teachers and other licensed educational personnel employed by each school district, including, without limitation, each charter school in the district, who provide instruction in a grade level or subject area in which they do not meet the requirements for licensure or do not hold a required endorsement, and for this State as a whole;

                   (IV) Teachers and other licensed educational personnel employed by each school district, including, without limitation, each charter school in the district, who are inexperienced, as defined by the Commission on Professional Standards in Education, and for this State as a whole; and

                   (V) Employees at each school district, including, without limitation, each charter school in the district, whose overall performance was determined to be highly effective, effective, developing or ineffective under the statewide performance evaluation system, and for this State as a whole.

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

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

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

             (4) For each elementary school:

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

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

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

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

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

             (2) The number of paraprofessional employed by each school district, including, without limitation, each charter school in the district, who do not satisfy the requirements prescribed by the Department to comply with 20 U.S.C. § 6311(g)(2)(M), and for this State as a whole;

             (3) The percentage of paraprofessionals employed by each school district, including, without limitation, each charter school in the district, who do not satisfy the requirements prescribed by the Department to comply with 20 U.S.C. § 6311(g)(2)(M), and for this State as a whole; and

             (4) Any other information required by regulation of the State Board.

      2.  As used in this section, “paraprofessional” has the meaning ascribed to it in NRS 391.008.

      (Added to NRS by 2003, 19th Special Session, 4; A 2005, 349, 1159; 2007, 361, 1065, 1805, 1928; 2009, 338; 2011, 543, 633, 2227, 2263; 2017, 3221) — (Substituted in revision for NRS 385.3581)

      NRS 385A.450  Attendance, truancy and transiency of pupils.  The annual report of accountability prepared by the State Board pursuant to NRS 385A.400 must include information on the attendance, truancy and transiency of pupils, including, without limitation:

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

      2.  The number of pupils in each grade who are retained in the same grade pursuant to NRS 392.033, 392.125 or 392.760, reported for each school district, including, without limitation, each charter school in the district, and for this State as a whole.

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

      4.  The number of habitual truants reported for each school district, including, without limitation, each charter school in the district, and for this State as a whole, including, without limitation, the number who are:

      (a) Reported to an attendance officer, a school police officer or a local law enforcement agency pursuant to paragraph (a) of subsection 2 of NRS 392.144;

      (b) Referred to an advisory board to review school attendance pursuant to paragraph (b) of subsection 2 of NRS 392.144; and

      (c) Referred for the imposition of administrative sanctions pursuant to paragraph (c) of subsection 2 of NRS 392.144.

      (Added to NRS by 2003, 19th Special Session, 4; A 2005, 349, 1159; 2007, 361, 1065, 1805, 1928; 2009, 338; 2011, 543, 633, 2227, 2263; 2013, 1673, 2443; 2015, 1860) — (Substituted in revision for NRS 385.3583)

      NRS 385A.460  Discipline of pupils.

      1.  The annual report of accountability prepared by the State Board pursuant to NRS 385A.400 must include information on the discipline of pupils, including, without limitation:

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

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

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

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

      (e) For each school district, including, without limitation, each charter school in the district, and for this State as a whole:

             (1) The number of reported violations of NRS 388.135 occurring at a school or otherwise involving a pupil enrolled at a school, regardless of the outcome of the investigation conducted pursuant to NRS 388.1351;

             (2) The number of incidents determined to be bullying or cyber-bullying after an investigation is conducted pursuant to NRS 388.1351; 

             (3) The number of incidents resulting in suspension or expulsion for bullying or cyber-bullying; and

             (4) Any actions taken to reduce the number of incidents of bullying or cyber-bullying, including, without limitation, training that was offered or other policies, practices and programs that were implemented.

      (f) For each high school in each school district, including, without limitation, each charter school that operates as a high school, and for the high schools in this State as a whole:

             (1) The number and percentage of pupils whose violations of the code of honor relating to cheating prescribed pursuant to NRS 392.461 or any other code of honor applicable to pupils enrolled in high school were reported to the principal of the high school, reported by the type of violation;

             (2) The consequences, if any, to the pupil whose violation is reported pursuant to subparagraph (1), reported by the type of consequence;

             (3) The number of any such violations of a code of honor in a previous school year by a pupil whose violation is reported pursuant to subparagraph (1), reported by the type of violation; and

             (4) The process used by the high school to address violations of a code of honor which are reported to the principal.

      2.  As used in this section:

      (a) “Bullying” has the meaning ascribed to it in NRS 388.122.

      (b) “Cyber-bullying” has the meaning ascribed to it in NRS 388.123.

      (Added to NRS by 2003, 19th Special Session, 4; A 2005, 349, 1159; 2007, 361, 1065, 1805, 1928; 2009, 338; 2011, 543, 633, 2227, 2263; 2013, 1638, 1894, 2024, 2122) — (Substituted in revision for NRS 385.3584)

      NRS 385A.470  Graduation and drop-out rates of pupils; enrollment of pupils in remedial college courses.  The annual report of accountability prepared by the State Board pursuant to NRS 385A.400 must include information on the graduation and drop-out rates of pupils and the enrollment of pupils in remedial courses in college, including, without limitation:

      1.  For each school district, including, without limitation, each charter school in the district, and for this State as a whole, the number and percentage of pupils who received:

      (a) A standard high school diploma.

      (b) An adult diploma.

      (c) An adjusted diploma.

      (d) An alternative diploma.

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

      (a) Provide proof to the school district of successful completion of the high school equivalency assessment selected by the State Board pursuant to NRS 390.055.

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

      (c) Withdraw from school to attend another school.

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

      (Added to NRS by 2003, 19th Special Session, 4; A 2005, 349, 1159; 2007, 361, 1065, 1805, 1928; 2009, 338; 2011, 543, 633, 2227, 2263; 2013, 3232; 2017, 233) — (Substituted in revision for NRS 385.3585)

      NRS 385A.480  Pupils who are eligible for or receive free or reduced-price breakfasts or lunches.  The annual report of accountability prepared by the State Board pursuant to NRS 385A.400 must include for each school district, including, without limitation, each charter school in the district, and for this State as a whole, information concerning pupils who are eligible for free or reduced-price breakfasts pursuant to 42 U.S.C. §§ 1771 et seq. and pupils who are eligible for free or reduced-price lunches pursuant to 42 U.S.C. §§ 1751 et seq., including, without limitation:

      1.  The number and percentage of pupils who are eligible for free or reduced-price breakfasts;

      2.  The number and percentage of pupils who receive free and reduced-price breakfasts;

      3.  The number and percentage of pupils who are eligible for free or reduced-price lunches;

      4.  The number and percentage of pupils who receive free and reduced-price lunches;

      5.  A comparison of the achievement and proficiency of pupils, reported separately by race and ethnicity, who are eligible for free or reduced-price breakfasts, pupils who receive free and reduced-price breakfasts, pupils who are eligible for free or reduced-price lunches, pupils who receive free and reduced-price lunches and pupils who are not eligible for free or reduced-price breakfasts or lunches;

      6.  A comparison of pupils, reported separately by race and ethnicity, who are eligible for free or reduced-price breakfasts, pupils who receive free and reduced-price breakfasts, pupils who are eligible for free or reduced-price lunches and pupils who receive free and reduced-price lunches for which data is required to be collected in the following areas:

      (a) Retention rates;

      (b) Graduation rates;

      (c) Dropout rates;

      (d) Grade point averages; and

      (e) Scores on the examinations administered pursuant to NRS 390.105 and the college and career readiness assessment administered pursuant to NRS 390.610.

      (Added to NRS by 2015, 964; A 2017, 3224)

      NRS 385A.490  Pupils who are English learners.  The annual report of accountability prepared by the State Board pursuant to NRS 385A.400 must include for each school district, including, without limitation, each charter school in the district, and for this State as a whole, information regarding the progression of pupils who are English learners in attaining proficiency in the English language, including, without limitation:

      1.  The number and percentage of pupils who were identified as English learners at the beginning of the school year, were continually enrolled throughout the school year and were identified as proficient in English by the completion of the school year;

      2.  The achievement and proficiency of pupils who are English learners in comparison to the pupils who are proficient in English;

      3.  A comparison of pupils who are English learners and pupils who are proficient in the English language in the following areas:

      (a) Retention rates;

      (b) Graduation rates;

      (c) Dropout rates;

      (d) Grade point averages; and

      (e) Scores on the examinations administered pursuant to NRS 390.105 and the college and career readiness assessment administered pursuant to NRS 390.610; and

      4.  Results of the assessments and reassessments of pupils who are English learners, reported separately by the primary language of the pupils, pursuant to the policies developed by the boards of trustees of school districts pursuant to NRS 388.407.

      (Added to NRS by 2003, 19th Special Session, 4; A 2005, 349, 1159; 2007, 361, 1065, 1805, 1928; 2009, 338; 2011, 543, 633, 2227, 2263; 2013, 3394; 2017, 3224) — (Substituted in revision for NRS 385.3587)

      NRS 385A.500  Career and technical education.  The annual report of accountability prepared by the State Board pursuant to NRS 385A.400 must include for each school district, including, without limitation, each charter school in the district and for this State as a whole, information on pupils enrolled in career and technical education, including, without limitation:

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

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

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

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

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

      6.  The number and percentage of pupils who completed a program of career and technical education and who did not receive a high school diploma because the pupils failed to satisfy the requirements of subsection 3 or 4 of NRS 390.600 or the criteria prescribed by the State Board pursuant to subsection 1 of NRS 390.600.

      (Added to NRS by 2003, 19th Special Session, 4; A 2005, 349, 1159; 2007, 361, 1065, 1805, 1928; 2009, 338; 2011, 543, 633, 2227, 2263; 2013, 3232; 2017, 234) — (Substituted in revision for NRS 385.3589)

      NRS 385A.510  Remedial and special programs.  The annual report of accountability prepared by the State Board pursuant to NRS 385A.400 must include information on remedial and special programs, including, without limitation:

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

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

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

      2.  A compilation of the special programs available for pupils at individual schools, listed by school and by school district, including, without limitation, each charter school in the district.

      (Added to NRS by 2003, 19th Special Session, 4; A 2005, 349, 1159; 2007, 361, 1065, 1805, 1928; 2009, 338; 2011, 543, 633, 2227, 2263) — (Substituted in revision for NRS 385.3591)

      NRS 385A.520  Fiscal information; technological facilities and equipment.  The annual report of accountability prepared by the State Board pursuant to NRS 385A.400 must include fiscal information and information relating to technological facilities and equipment, including, without limitation:

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

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

      3.  Each source of funding for this State to be used for the system of public education.

      4.  An identification of appropriations made by the Legislature to improve the academic achievement of pupils and programs approved by the Legislature to improve the academic achievement of pupils.

      5.  The technological facilities and equipment available for educational purposes, reported for each school district, including, without limitation, each charter school in the district, and for this State as a whole.

      (Added to NRS by 2003, 19th Special Session, 4; A 2005, 349, 1159; 2007, 361, 1065, 1805, 1928; 2009, 338; 2011, 543, 633, 2227, 2263) — (Substituted in revision for NRS 385.3592)

STATEWIDE SYSTEM OF ACCOUNTABILITY

General Provisions

      NRS 385A.600  Compliance of statewide system with requirements for receipt of federal education funding; applicability and additional requirements for statewide system; rating of school districts allowed.

      1.  The Department shall make every effort to obtain the approval necessary from the United States Department of Education to ensure that the statewide system of accountability for public schools complies with all requirements for the receipt of federal money under the Elementary and Secondary Education Act of 1965, 20 U.S.C. §§ 6301 et seq., as amended.

      2.  The statewide system of accountability applies to all public schools, regardless of Title I status, and must:

      (a) Include a method to, on an annual basis, rate each public school based upon the performance of the school and based upon whether each public school meets the school achievement targets and performance targets established pursuant to the statewide system of accountability;

      (b) Include a method to implement consequences, rewards and supports for public schools based upon the ratings;

      (c) Include a method to provide grants and other financial support, to the extent that money is available from legislative appropriation, to public schools receiving one of the two lowest ratings of performance pursuant to the statewide system of accountability for public schools; and

      (d) Establish school achievement targets and performance targets for public schools and performance targets for specific groups of pupils, including, without limitation, pupils who are economically disadvantaged, pupils from major racial and ethnic groups, pupils with disabilities and pupils who are English learners. The school achievement targets and performance targets must:

             (1) Be based primarily upon the measurement of the progress and proficiency of pupils on the examinations administered pursuant to NRS 390.105; and

             (2) For high schools, include the rate of graduation and the rate of attendance.

      3.  The statewide system of accountability for public schools may include a method to:

      (a) On an annual basis, rate school districts based upon the performance of the public schools within the school district and whether those public schools meet the school achievement targets and performance targets established pursuant to the statewide system of accountability; and

      (b) Implement consequences, rewards and supports for school districts based upon the ratings.

      (Added to NRS by 2013, 1893; A 2015, 2459; 2017, 3225) — (Substituted in revision for NRS 385.3594)

      NRS 385A.610  Establishment of monitoring system for statewide system; annual summary of findings.

      1.  The Department shall establish a monitoring system for the statewide system of accountability. The monitoring system must identify significant levels of achievement of pupils on the examinations that are administered pursuant to NRS 390.105 and the college and career readiness assessment administered pursuant to NRS 390.610, identified by school and by school district.

      2.  On or before October 1 of each year, the Department shall prepare a written summary of the findings made pursuant to subsection 1. The written summary must be provided to:

      (a) The Committee; and

      (b) If the findings show inconsistencies applicable to a particular school district or school within a school district, the board of trustees of that school district.

      3.  The Committee shall review the report submitted pursuant to subsection 2 and take such action as it deems appropriate.

      (Added to NRS by 2005, 1646; A 2011, 3134; 2013, 3260; 2017, 3226) — (Substituted in revision for NRS 385.3891)

      NRS 385A.620  Regulations governing inclusion of pupils enrolled in certain alternative programs within statewide system.

      1.  The State Board shall adopt regulations that prescribe, consistent with 20 U.S.C. §§ 6301 et seq., and the regulations adopted pursuant thereto, the manner in which pupils enrolled in:

      (a) A program of distance education pursuant to NRS 388.820 to 388.874, inclusive;

      (b) An alternative program for the education of pupils at risk of dropping out of school pursuant to NRS 388.537; or

      (c) A program of education that:

             (1) Primarily serves pupils with disabilities; or

             (2) Is operated within a:

                   (I) Local, regional or state facility for the detention of children;

                   (II) Juvenile forestry camp;

                   (III) Child welfare agency; or

                   (IV) Correctional institution,

Ê will be included within the statewide system of accountability set forth in this chapter.

      2.  The regulations adopted pursuant to subsection 1 must also set forth the manner in which:

      (a) The progress of pupils enrolled in a program of distance education, an alternative program or a program of education described in subsection 1 will be accounted for within the statewide system of accountability; and

      (b) The results of pupils enrolled in a program of distance education, an alternative program or a program of education described in subsection 1 on the examinations administered pursuant to NRS 390.105 and, if applicable for the grade levels of the pupils enrolled, the college and career readiness assessment administered pursuant to NRS 390.610 will be reported.

      (Added to NRS by 2003, 19th Special Session, 3; A 2007, 1988; 2013, 1915, 3255; 2017, 3226) — (Substituted in revision for NRS 385.3612)

Plan to Improve Achievement of Pupils for Individual Schools

      NRS 385A.650  Preparation and requirements for plan; annual review; submission of plan.

      1.  The principal of each school, including, without limitation, each charter school, shall, in consultation with the employees of the school, prepare a plan to improve the achievement of the pupils enrolled in the school.

      2.  The plan developed pursuant to subsection 1 must:

      (a) Include any information prescribed by regulation of the State Board; and

      (b) Comply with the provisions of 20 U.S.C. § 6311(d).

      3.  The principal of each school shall, in consultation with the employees of the school:

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

      (b) Based upon the evaluation of the plan, make revisions, as necessary, to ensure that the plan is designed to improve the academic achievement of pupils enrolled in the school.

      4.  On or before the date prescribed by the Department, the principal of each school shall submit the plan or the revised plan, as applicable, to the:

      (a) Department;

      (b) Committee;

      (c) Bureau; and

      (d) Board of trustees of the school district in which the school is located or, if the school is a charter school, the sponsor of the charter school and the governing body of the charter school.

      (Added to NRS by 2003, 19th Special Session, 11; A 2005, 710, 1651, 1978; 2007, 1946; 2009, 2304; 2011, 562, 1974, 2328; 2013, 1912, 3251; 2015, 215; 2017, 3227) — (Substituted in revision for part of NRS 385.357)

      NRS 385A.660  Process for approval of plan.  Repealed. (See chapter 501, Statutes of Nevada 2017, at page 3292.)

 

      NRS 385A.670  Annual determination of whether public schools are meeting school achievement targets and performance targets; transmission of determinations; effect of irregularity in testing administration or testing security.

      1.  On or before July 31 of each year, the Department shall determine whether each public school is meeting the school achievement targets and performance targets established pursuant to the statewide system of accountability for public schools.

      2.  The determination pursuant to subsection 1 for a public school, including, without limitation, a charter school sponsored by the board of trustees of the school district, must be made in consultation with the board of trustees of the school district in which the public school is located. If a charter school is sponsored by the State Public Charter School Authority, the Achievement School District or a college or university within the Nevada System of Higher Education, the Department shall make a determination for the charter school in consultation with the State Public Charter School Authority, the Achievement School District or the institution within the Nevada System of Higher Education that sponsors the charter school, as applicable. The determination made for each school must be based only upon the information and data for those pupils who are enrolled in the school for a full academic year. On or before July 31 of each year, the Department shall transmit:

      (a) Except as otherwise provided in paragraph (b), (c) or (d), the determination made for each public school to the board of trustees of the school district in which the public school is located.

      (b) To the State Public Charter School Authority the determination made for each charter school that is sponsored by the State Public Charter School Authority.

      (c) The determination made for the charter school to the Achievement School District if the charter school is sponsored by the Achievement School District.

      (d) The determination made for the charter school to the institution that sponsors the charter school if a charter school is sponsored by a college or university within the Nevada System of Higher Education.

      3.  If the number of pupils in a particular group who are enrolled in a public school is insufficient to yield statistically reliable information:

      (a) The Department shall not determine that the school has failed to meet the performance targets established pursuant to the statewide system of accountability for public schools based solely upon that particular group.

      (b) The pupils in such a group must be included in the overall count of pupils enrolled in the school who took the examinations.

Ê The Department shall use the mechanism approved by the United States Department of Education for the statewide system of accountability for public schools for determining the number of pupils that must be in a group for that group to yield statistically reliable information.

      4.  If an irregularity in testing administration or an irregularity in testing security occurs at a school and the irregularity invalidates the test scores of pupils, those test scores must be included in the scores of pupils reported for the school, the attendance of those pupils must be counted towards the total number of pupils who took the examinations and the pupils must be included in the total number of pupils who were required to take the examinations.

      5.  As used in this section:

      (a) “Irregularity in testing administration” has the meaning ascribed to it in NRS 390.255.

      (b) “Irregularity in testing security” has the meaning ascribed to it in NRS 390.260.

      (Added to NRS by 2003, 19th Special Session, 14; A 2005, 1171; 2007, 1949, 2556; 2011, 569, 2336; 2013, 1916, 3257; 2015, 3785; 2017, 3229) — (Substituted in revision for NRS 385.3613)

      NRS 385A.680  Monitoring administration of examinations by Department required under certain circumstances if school fails to meet school achievement targets and performance targets.  If the Department determines that a public school has failed to meet the school achievement targets and performance targets established pursuant to the statewide system of accountability for public schools, the Department or its designee shall, to the extent money is available, monitor at the school the administration of the examinations that are required pursuant to NRS 390.105 and ensure that all eligible pupils who are in attendance on the day of the administration of the examinations are given an opportunity to take the examinations.

      (Added to NRS by 2003, 19th Special Session, 16; A 2005, 1172, 1981; 2013, 1917; 2017, 3230) — (Substituted in revision for NRS 385.3622)

Annual Rating of Schools

      NRS 385A.720  Issuance of preliminary ratings; opportunity for schools to review data; posting of final ratings.

      1.  Based upon the information received from the Department pursuant to NRS 385A.670, the board of trustees of each school district shall, on or before August 15 of each year, issue a preliminary rating for each public school in the school district in accordance with the statewide system of accountability for public schools, excluding charter schools sponsored by the State Public Charter School Authority, the Achievement School District or a college or university within the Nevada System of Higher Education. The board of trustees shall make preliminary ratings for all charter schools that are sponsored by the board of trustees. The Department shall make preliminary ratings for all charter schools sponsored by the State Public Charter School Authority, all charter schools sponsored by the Achievement School District and all charter schools sponsored by a college or university within the Nevada System of Higher Education.

      2.  Before making a final rating for a school, the board of trustees of the school district or the Department, as applicable, shall provide the school an opportunity to review the data upon which the preliminary rating is based and to present evidence. If the school is a public school of the school district or a charter school sponsored by the board of trustees, the board of trustees of the school district shall, in consultation with the Department, make a final determination concerning the rating for the school on September 15. If the school is a charter school sponsored by the State Public Charter School Authority, the Achievement School District or a college or university within the Nevada System of Higher Education, the Department shall make a final determination concerning the rating for the school on September 15.

      3.  On or before September 15 of each year, the Department shall post on the Internet website maintained by the Department the determinations and final ratings made for all schools in this State.

      (Added to NRS by 2003, 19th Special Session, 17; A 2005, 1172; 2007, 2558; 2011, 570, 2338; 2013, 1918; 2015, 3786; 2017, 723) — (Substituted in revision for NRS 385.366)

      NRS 385A.730  Regulations governing alternative performance framework.

      1.  The State Board shall adopt regulations that prescribe an alternative performance framework to evaluate public schools that are approved pursuant to NRS 385A.740. Such regulations must include, without limitation, an alternative manner in which to evaluate such a school and the manner in which the school will be included within the statewide system of accountability set forth in this chapter.

      2.  The regulations adopted pursuant to subsection 1 must also set forth the manner in which:

      (a) The progress of pupils enrolled in a public school for which an alternative performance framework has been approved pursuant to NRS 385A.740 will be accounted for within the statewide system of accountability; and

      (b) To report the results of pupils enrolled in such a public school on the examinations administered pursuant to NRS 390.105 and, if applicable for the grade levels of the pupils enrolled, the college and career readiness assessment administered pursuant to NRS 390.610.

      (Added to NRS by 2015, 2458; A 2017, 3230)

      NRS 385A.740  Application for approval to be rated using alternative performance framework; eligibility. [Effective through December 31, 2019.]

      1.  A public school, including, without limitation, a charter school, that wishes to be rated using the alternative performance framework prescribed by the State Board pursuant to NRS 385A.730 must request the board of trustees of the school district or sponsor of the charter school, as applicable, to apply to the State Board on behalf of the school for approval to be rated using the alternative performance framework.

      2.  The board of trustees of a school district or the sponsor of a charter school, as applicable, may apply to the State Board on behalf of a school for the school to be rated using the alternative performance framework by submitting a form prescribed by the Department.

      3.  A public school is eligible to be rated using the alternative performance framework if:

      (a) The school specifies that the mission of the school is to serve pupils who:

             (1) Have been expelled or suspended from a public school, including, without limitation, a charter school;

             (2) Have been deemed to be a habitual disciplinary problem pursuant to NRS 392.4655;

             (3) Are academically disadvantaged;

             (4) Have been adjudicated delinquent;

             (5) Have been adjudicated to be in need of supervision for a reason set forth in NRS 62B.320; or

             (6) Have an individualized education program; and

      (b) At least 75 percent of the pupils enrolled at the school fall within one or more of the categories listed in paragraph (a).

      4.  In addition to the provisions of subsection 3, a charter school is eligible to be rated using the alternative performance framework if the charter school:

      (a) Specifies in its written charter or charter contract that:

             (1) The mission of the charter school is to serve primarily pupils who are described in subparagraphs (1) to (6), inclusive, of paragraph (a) of subsection 3; and

             (2) The admissions policy of the charter school only allows the pupils identified in its mission statement to newly enroll in the charter school;

      (b) At the time of its application to be rated using the alternative performance framework, has an enrollment of at least 75 percent of pupils who are pupils identified in its mission statement; and

      (c) Completes any requirements to transition to the alternative performance framework required by the proposed sponsor of the charter school pursuant to NRS 388A.274.

      5.  As used in this section, “academically disadvantaged” includes, without limitation, being retained in the same grade level two or more times or having a deficiency in the credits required to graduate on time.

      (Added to NRS by 2015, 2458; A 2017, 3373)

      NRS 385A.740  Application for approval to be rated using alternative performance framework; eligibility. [Effective January 1, 2020.]

      1.  A public school, including, without limitation, a charter school, that wishes to be rated using the alternative performance framework prescribed by the State Board pursuant to NRS 385A.730 must request the board of trustees of the school district or sponsor of the charter school, as applicable, to apply to the State Board on behalf of the school for approval to be rated using the alternative performance framework.

      2.  The board of trustees of a school district or the sponsor of a charter school, as applicable, may apply to the State Board on behalf of a school for the school to be rated using the alternative performance framework by submitting a form prescribed by the Department.

      3.  A public school is eligible to be rated using the alternative performance framework if:

      (a) The school specifies that the mission of the school is to serve pupils who:

             (1) Have been expelled or suspended from a public school, including, without limitation, a charter school;

             (2) Have been deemed to be a habitual disciplinary problem pursuant to NRS 392.4655;

             (3) Are academically disadvantaged;

             (4) Have been adjudicated delinquent;

             (5) Have been adjudicated to be in need of supervision for a reason set forth in NRS 62B.320; or

             (6) Have an individualized education program; and

      (b) At least 75 percent of the pupils enrolled at the school fall within one or more of the categories listed in paragraph (a).

      4.  In addition to the provisions of subsection 3, a charter school is eligible to be rated using the alternative performance framework if the charter school:

      (a) Specifies in its charter contract that:

             (1) The mission of the charter school is to serve primarily pupils who are described in subparagraphs (1) to (6), inclusive, of paragraph (a) of subsection 3; and

             (2) The admissions policy of the charter school only allows the pupils identified in its mission statement to newly enroll in the charter school;

      (b) At the time of its application to be rated using the alternative performance framework, has an enrollment of at least 75 percent of pupils who are pupils identified in its mission statement; and

      (c) Completes any requirements to transition to the alternative performance framework required by the proposed sponsor of the charter school pursuant to NRS 388A.274.

      5.  As used in this section, “academically disadvantaged” includes, without limitation, being retained in the same grade level two or more times or having a deficiency in the credits required to graduate on time.

      (Added to NRS by 2015, 2458; A 2017, 3373, 3374, effective January 1, 2020)

      NRS 385A.750  Form for notice to parents concerning rating of school as underperforming.  The Department shall prescribe a form for notice to parents and guardians concerning the rating of a public school as underperforming.

      (Added to NRS by 2003, 19th Special Session, 33; A 2013, 1922) — (Substituted in revision for NRS 385.382)

Automated System of Accountability Information for Nevada

      NRS 385A.800  Establishment and maintenance of system; access to data within system.

      1.  The Department shall establish and maintain an automated system of accountability information for Nevada. The system must:

      (a) Have the capacity to provide and report information, including, without limitation, the results of the achievement of pupils:

             (1) In the manner required by 20 U.S.C. §§ 6301 et seq., and the regulations adopted pursuant thereto, and NRS 385A.070 and 385A.400; and

             (2) In a separate reporting for each group of pupils identified in the statewide system of accountability for public schools;

      (b) Include a system of unique identification for each pupil:

             (1) To ensure that individual pupils may be tracked over time throughout this State;

             (2) That, to the extent practicable, may be used for purposes of identifying a pupil for both the public schools and the Nevada System of Higher Education, if that pupil enrolls in the System after graduation from high school; and

             (3) Which must, to the extent money is available for this purpose, include, without limitation, a unique identifier for each pupil whose parent or guardian is a member of the Armed Forces of the United States, a reserve component thereof or the National Guard in a manner that will allow for the disaggregation of each category;

      (c) Have the capacity to provide longitudinal comparisons of the academic achievement, rate of attendance and rate of graduation of pupils over time throughout this State;

      (d) Have the capacity to perform a variety of longitudinal analyses of the results of individual pupils on assessments, including, without limitation, the results of pupils by classroom and by school;

      (e) Have the capacity to identify which teachers are assigned to individual pupils;

      (f) Have the capacity to provide other information concerning schools and school districts that is not linked to individual pupils, including, without limitation, the ratings of schools and, if available, school districts pursuant to the statewide system of accountability for public schools and an identification of which schools, if any, are persistently dangerous;

      (g) Have the capacity to access financial accountability information for each public school, including, without limitation, each charter school, for each school district and for this State as a whole; and

      (h) Be designed to improve the ability of the Department, the sponsors of charter schools, the school districts and the public schools in this State, including, without limitation, charter schools, to account for the pupils who are enrolled in the public schools, including, without limitation, charter schools.

Ê The information maintained pursuant to paragraphs (c), (d) and (e) must be used for the purpose of improving the achievement of pupils and improving classroom instruction.

      2.  The Department shall establish, to the extent authorized by the Family Educational Rights and Privacy Act of 1974, 20 U.S.C. § 1232g, and any regulations adopted pursuant thereto, a mechanism by which persons or entities, including, without limitation, state officers who are members of the Executive or Legislative Branch, administrators of public schools and school districts, teachers and other educational personnel, and parents and guardians, will have different types of access to the accountability information contained within the automated system to the extent that such information is necessary for the performance of a duty or to the extent that such information may be made available to the general public without posing a threat to the confidentiality of an individual pupil.

      3.  On or before December 31 of each year, the Department shall share with the Interagency Council on Veterans Affairs aggregate data collected pursuant to subsection 1 concerning each pupil whose parent or guardian is a member of the Armed Forces of the United States, a reserve component thereof or the National Guard.

      4.  The Department may, to the extent authorized by the Family Educational Rights and Privacy Act of 1974, 20 U.S.C. § 1232g, and any regulations adopted pursuant thereto, enter into an agreement with the Nevada System of Higher Education to provide access to data contained within the automated system for research purposes.

      (Added to NRS by 1997, 1227; A 2001, 3141; 2003, 19th Special Session, 47; 2005, 1174, 2410, 2546; 2007, 1197, 1959; 2010, 26th Special Session, 38; 2011, 508, 2371, 3083; 2013, 1923, 2697, 3147; 2015, 51, 2402, 3825) — (Substituted in revision for part of NRS 386.650)

      NRS 385A.810  Adoption of uniform program for school districts to collect, maintain and transfer data to system.  The board of trustees of each school district shall:

      1.  Adopt and maintain the program prescribed by the Superintendent of Public Instruction pursuant to NRS 385A.820 for the collection, maintenance and transfer of data from the records of individual pupils to the automated system of information, including, without limitation, the development of plans for the educational technology which is necessary to adopt and maintain the program;

      2.  Provide to the Department electronic data concerning pupils as required by the Superintendent of Public Instruction pursuant to NRS 385A.820; and

      3.  Ensure that an electronic record is maintained in accordance with subsection 3 of NRS 385A.830.

      (Added to NRS by 1997, 1227; A 2001, 3141; 2003, 19th Special Session, 47; 2005, 1174, 2410, 2546; 2007, 1197, 1959; 2010, 26th Special Session, 38; 2011, 508, 2371, 3083; 2013, 1923, 2697, 3147; 2015, 51, 2402, 3825) — (Substituted in revision for part of NRS 386.650)

      NRS 385A.820  Duties of Superintendent of Public Instruction regarding uniform program for collection, maintenance and transfer of data to system.  The Superintendent of Public Instruction shall:

      1.  Prescribe a uniform program throughout this State for the collection, maintenance and transfer of data that each school district must adopt, which must include standardized software;

      2.  Prescribe the data to be collected and reported to the Department by each school district and each sponsor of a charter school pursuant to NRS 385A.810 and by each university school for profoundly gifted pupils;

      3.  Prescribe the format for the data;

      4.  Prescribe the date by which each school district shall report the data to the Department;

      5.  Prescribe the date by which each charter school shall report the data to the sponsor of the charter school;

      6.  Prescribe the date by which each university school for profoundly gifted pupils shall report the data to the Department;

      7.  Prescribe standardized codes for all data elements used within the automated system and all exchanges of data within the automated system, including, without limitation, data concerning:

      (a) Individual pupils;

      (b) Individual teachers;

      (c) Individual schools and school districts; and

      (d) Programs and financial information;

      8.  Provide technical assistance to each school district to ensure that the data from each public school in the school district, including, without limitation, each charter school and university school for profoundly gifted pupils located within the school district, is compatible with the automated system of information and comparable to the data reported by other school districts; and

      9.  Provide for the analysis and reporting of the data in the automated system of information.

      (Added to NRS by 1997, 1227; A 2001, 3141; 2003, 19th Special Session, 47; 2005, 1174, 2410, 2546; 2007, 1197, 1959; 2010, 26th Special Session, 38; 2011, 508, 2371, 3083; 2013, 1923, 2697, 3147; 2015, 51, 2402, 3825) — (Substituted in revision for part of NRS 386.650)

      NRS 385A.830  Operation of system in compliance with federal laws governing release and confidentiality of records.

      1.  The Department, the school districts and the public schools, including, without limitation, charter schools, shall, in operating the automated system of information established pursuant to NRS 385A.800, comply with the provisions of:

      (a) For all pupils, the Family Educational Rights and Privacy Act, 20 U.S.C. § 1232g, and any regulations adopted pursuant thereto; and

      (b) For pupils with disabilities who are enrolled in programs of special education, the provisions governing access to education records and confidentiality of information prescribed in the Individuals with Disabilities Education Act, 20 U.S.C. § 1417(c), and the regulations adopted pursuant thereto.

      2.  Except as otherwise provided in 20 U.S.C. § 1232g(b) and any other applicable federal law, a public school, including, without limitation, a charter school, shall not release the education records of a pupil to a person or an agency of a federal, state or local government without the written consent of the parent or legal guardian of the pupil.

      3.  In addition to the record required pursuant to 20 U.S.C. § 1232g(b)(4)(A), each school district and each sponsor of a charter school shall maintain within the automated system of information an electronic record of all persons and agencies who have requested the education record of a pupil or obtained access to the education record of a pupil, or both, pursuant to 20 U.S.C. § 1232g. The electronic record must be maintained and may only be disclosed in accordance with the provisions of 20 U.S.C. § 1232g. A charter school shall provide to the sponsor of the charter school such information as is necessary for the sponsor to carry out the provisions of this subsection.

      4.  The right accorded to a parent or legal guardian of a pupil pursuant to subsection 2 devolves upon the pupil on the date on which the pupil attains the age of 18 years.

      5.  As used in this section, unless the context otherwise requires, “education records” has the meaning ascribed to it in 20 U.S.C. § 1232g(a)(4).

      (Added to NRS by 1997, 1228; A 2001, 3142; 2003, 19th Special Session, 49; 2005, 1176, 2412, 2548) — (Substituted in revision for NRS 386.655)