[Rev. 8/22/2025 11:17:03 AM]

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CHAPTER 506, SB 460

Senate Bill No. 460–Senators Cannizzaro, Dondero Loop, Pazina; Cruz-Crawford, Daly, Doρate, Flores, Lange, Neal, Nguyen, Ohrenschall, Scheible and Taylor

 

CHAPTER 506

 

[Approved: June 10, 2025]

 

AN ACT relating to education; revising provisions governing plans to improve academic achievement; providing for the waiver of certain reporting requirements; revising provisions governing the annual report of accountability for a school district; revising the duties of the Commission on Innovation and Excellence in Education; providing for the impaneling of a Public Education Oversight Board; revising provisions governing boards of trustees of certain school districts; establishing certain measures for the designation of focus and priority school districts, sponsors of charter schools and public schools; revising provisions governing the Commission on School Funding; revising provisions governing the Early Childhood Literacy and Readiness Account; revising provisions governing prekindergarten programs; revising provisions governing assessments used to assess the literacy of certain pupils; revising provisions governing membership of the State Public Charter School Authority; revising provisions governing the formation of charter schools, the termination and amendment of charter contracts and the employment of teachers by charter schools; revising provisions governing the Nevada Educational Choice Scholarship Program; revising certain provisions governing instruction in English language arts; creating the Commission on Recruitment and Retention; revising provisions relating to the Commission on Professional Standards in Education; revising provisions governing background investigations of applicants for certain licenses; establishing requirements governing the hiring of a superintendent of schools; revising provisions governing certain evaluations; requiring the creation of a differential pay scale for certain teachers and administrators; creating the Education Service Center; establishing certain requirements for the Board of Regents of the University of Nevada; creating certain accounts and programs concerning teacher apprenticeships; making appropriations; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law establishes the Department of Education, which consists of the State Board of Education and the Superintendent of Public Instruction. (NRS 385.010) Existing law: (1) requires the State Board to prepare a plan to improve the academic achievement of pupils; and (2) sets forth the required contents of the plan. (NRS 385.111, 385.112) Existing law also requires the board of trustees of each school district and the governing bodies of certain charter schools to prepare an annual report of accountability that contains certain information, including, without limitation, information regarding teachers, other licensed educational personnel and paraprofessionals. (NRS 385A.070, 385A.230)

 


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      Section 1.3 of this bill: (1) requires each public elementary school to prepare a plan to improve the academic achievement of pupils enrolled in public elementary schools; (2) sets forth the required contents of the plan, including, without limitation, certain goals for public elementary schools; and (3) establishes requirements governing the consequences for the principal of a public elementary school that does not meet such goals. Sections 4 and 5 of this bill make changes regarding the entity required to prepare such a plan pursuant to existing law. (NRS 385.111)

      Section 1.7 of this bill establishes a procedure by which the superintendent of schools of a school district or the Superintendent of Public Instruction is authorized to modify, suspend or eliminate a requirement for a public school or school district to report information or data that is redundant or duplicative or does not provide information or data that is used by the Department, the State Board or any other person or entity to support educational outcomes.

      Existing law creates the Commission on Innovation and Excellence in Education for the purpose of developing a statewide vision and implementation plan to improve public education in this State. (NRS 385.920) Section 5.5 of this bill revises the duties of the Commission.

      Section 6.1 of this bill requires that the annual report of accountability include information on the plans to improve academic achievement prepared pursuant to existing law and section 1.3. (NRS 385.111) Section 7 of this bill applies certain requirements governing the annual report of accountability to the reporting requirements set forth in section 6.1. Section 8 of this bill revises the manner by which teacher vacancies are measured for inclusion in the annual report of accountability.

      Existing law establishes a statewide system of accountability for public schools that includes, without limitation, a method to annually rate each public school based on the performance of the school and on whether each public school meets the school achievement targets and performance targets established pursuant to the statewide system of accountability. (NRS 385A.600) Sections 6.2-6.4 and 8.5 of this bill establish a similar system of accountability for school districts and charter schools in this State. Section 6.5 of this bill establishes criteria and procedures for the Superintendent to designate a school district or sponsor of a charter school as low-performing or underperforming. Section 9.3 of this bill requires: (1) the Superintendent to place a school district or sponsor of a charter school designated as underperforming on probation if the designation is based on certain findings; and (2) such a school district or sponsor to submit to the Department a school district or sponsor of a charter school performance improvement plan and a school board or sponsor of a charter school improvement plan. Section 9.5 of this bill authorizes the Superintendent to take certain actions if the board of trustees of a school district or sponsor of a charter school does not make adequate progress toward meeting the goals and benchmarks necessary to improve the performance of the school district or charter school. Section 9.7 of this bill requires: (1) the Superintendent to place a school district or sponsor of a charter school designated as underperforming on probation if the designation was based on certain findings relating to the performance of pupils; and (2) such a school district or sponsor to submit certain plans to the Superintendent. Section 9.7 also establishes the actions that the Superintendent is authorized to take if the school district or sponsor of a charter school does not make adequate progress toward improving the performance of pupils.

      Section 6.6 of this bill establishes criteria for designating a public school as low-performing, and sections 14.25-14.4 of this bill prescribe the actions that may be taken with respect to a public school designated as low-performing or persistently underperforming. Section 14.3 requires the Superintendent to initiate a process for state intervention to implement certain corrective measures for a school that is designated as persistently underperforming. Section 14.35 establishes provisions governing the corrective measure of replacing the principal and key members of the staff of a school. Section 14.4 establishes provisions governing the corrective measure of the direct management of a school by the Department. Section 56.5 of this bill: (1) creates the Education Service Center; (2) provides for the appointment of a governing body for the Center; and (3) requires the Center to provide certain assistance and guidance to public schools and school districts that are experiencing low performance.

 


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      Section 9.3 requires the Superintendent to place certain underperforming school districts or sponsors of charter schools on probation.

      Section 84.5 of this bill requires the Legislative Counsel to, in preparing the Nevada Revised Statutes, substitute the term: (1) “focus” for the term “low-performing” as previously used in reference to a low-performing school district, sponsor of a charter school or school; and (2) “priority” for the term “underperforming” as previously used in reference to an underperforming school district or sponsor of a charter school or persistently underperforming school. (NRS 220.120)

      Existing law provides that, on or before December 31 of each year, the board of trustees of each school district and the State Public Charter School Authority is required to prepare for the immediately preceding school year a report of accountability concerning the educational goals and objectives of the school district or charter school. (NRS 385A.070) Sections 7.4 and 7.5 of this bill revise certain provisions governing the report.

      Existing law: (1) creates county school districts; and (2) provides that such school districts are political subdivisions of this State. (NRS 386.010) Section 9.1 of this bill provides for the impaneling of a Public Education Oversight Board under certain circumstances and provides the Board, if impaneled, with the authority granted to the board of trustees of a school district to take actions necessary to remedy the cause of recommendations submitted by the Superintendent of Public Instruction. Section 9.1 additionally sets forth: (1) the membership of the Board; and (2) requirements for meetings of the Board.

      Existing law: (1) sets forth the membership of the board of trustees in each county school district in which more than 75,000 pupils are enrolled (currently only the Clark County School District); (2) provides that four members of such a board of trustees are appointed, nonvoting members; and (3) sets forth requirements for electing officers of any board of trustees of a school district. (NRS 386.120, 386.165, 386.310) Section 10 of this bill: (1) provides that such appointed, nonvoting members are instead voting members; and (2) eliminates the prohibition on the ability of such members to vote for or serve as officers. Section 11 of this bill makes a conforming change to authorize the previously nonvoting members to serve as officers.

      Existing law creates the Commission on School Funding and establishes the duties of the Commission. (NRS 387.1246, 387.12463) Section 12 of this bill requires the Commission to: (1) review and propose any necessary revisions to the method of calculating the percentage of at-risk pupils in this State; and (2) select a third party to verify such methods and to submit a report containing the findings and recommendations for using a different method. Section 62 of this bill authorizes the Commission to request the drafting of not more than 1 legislative measure for a regular session. Section 63 of this bill applies existing provisions governing the drafting of such measures to the drafting of a legislative measure pursuant to section 62. Section 81 of this bill directs the Commission to conduct an interim study concerning certain subjects relating to school funding.

      Existing law creates the Early Childhood Literacy and Readiness Account and authorizes the Department to award grants to school districts, sponsors of charter schools and nonprofit organizations to support early childhood literacy and readiness programs. (NRS 387.1271-387.1277) Existing law additionally requires the Department, to the extent money is available, to award grants to school districts, sponsors of charter schools and nonprofit organizations to support prekindergarten programs. (NRS 387.652) Section 13 of this bill: (1) extends eligibility to receive grants to support early childhood literacy and readiness programs to institutions within the Nevada System of Higher Education; and (2) expands the categories of children served by such a program. Section 13.5 of this bill creates similar provisions for grants to support prekindergarten programs.

 


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      Existing law: (1) requires that the ratio of pupils per licensed teacher in certain classes not exceed certain ratios; and (2) authorizes the State Board to grant a variance to a school district that does not meet such ratios in a quarter of a school year. (NRS 388.700) Section 16 of this bill requires requests for, and reports concerning, variances of requirements for the ratio of pupils per licensed teacher to be submitted annually rather than quarterly. Sections 17 and 18 of this bill make conforming changes to reflect the change to the timelines for such submissions. (NRS 388.723, 388.725)

      Existing law requires an elementary school to provide intervention services and intensive instruction to a pupil during the time the pupil attends the school if the pupil does not obtain a score in the subject area of reading on the criterion-referenced examination in reading that meets the score prescribed by the State Board. (NRS 388A.487, 392.760) Section 8.3 of this bill requires the statewide system of accountability for public schools to include, for elementary schools, targets for the proportion of pupils demonstrating adequate proficiency in the subject area of reading and adequate progress to achieving such proficiency.

      Existing law requires the board of trustees of a school district or the governing body of a charter school to prepare a plan to improve the literacy of pupils enrolled in an elementary school that includes procedures to assess the proficiency of a pupil in reading by using assessments that have been approved by the State Board. (NRS 388.157) Section 15.6 of this bill removes the requirement that such assessments be approved by the State Board thereby allowing the board of trustees of a school district or the governing body of a charter school, as applicable, to include in the plan any valid and reliable standards-based assessment to assess proficiency in reading. This bill also authorizes the Department of Education to: (1) adopt regulations prescribing how the results of any assessment used by a school district or charter school to assess proficiency in reading are collected and reported; and (2) prescribe the assessments which must be used in a school district or charter school if no assessment is included in the plan.

      Existing law makes certain requirements governing the minimum number of days in a school year. (NRS 388.090) Section 15.5 of this bill requires each school year to contain at least 4 days of professional development for elementary school staff and prescribes the focus of such professional development.

      Existing law requires a public school, to the extent that money is available, to employ a school counselor on a full-time basis and provide for a comprehensive program for school counseling. (NRS 388.055) Section 15 of this bill requires each public school located in a county whose population is 100,000 or more (currently Clark and Washoe Counties) to provide for the availability of a school counselor or an equivalent service.

      Existing law creates the State Public Charter School Authority and prescribes the membership of the Authority. (NRS 388A.150, 388A.153) Existing law additionally sets forth the requirements for the process of applying to form a charter school and amending a charter contract. (NRS 388A.243-388A.258, 388A.276, 388A.279) Existing law further requires the sponsor of a charter school to submit a report containing certain information to the Department. (NRS 388A.351) Section 20 of this bill changes the membership of the Authority. Section 19 of this bill authorizes the board of trustees of certain school districts to object to the placement of a proposed charter school. Sections 21 and 23 of this bill revise certain requirements relating to: (1) the contents of an application to form a charter school; (2) the review of such an application; and (3) a public meeting for the consideration of such an application. Section 25 of this bill requires the Authority to take certain actions regarding a proposed amendment to a charter contract for a charter school it sponsors. Section 26 of this bill requires a report prepared by the sponsor of a charter school to include a description of the expenditures and sources of all revenues for the charter school.

 


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      Existing law also requires the sponsor of a charter school to terminate the charter contract or restart the charter school under a new charter contract if the charter school receives certain ratings indicating underperformance of the charter school in 3 years out of any 5 consecutive years. (NRS 388A.300) Section 25.3 of this bill: (1) instead provides that the sponsor of a charter school is required to terminate the charter contract or restart the charter school under a new charter contract if the charter school receives certain ratings indicating underperformance of the charter school in 3 consecutive years; and (2) eliminates the prohibition on using the rating of a charter school issued for any school year before the 2015-2016 school year for making such a determination. Sections 25.3 and 25.5 of this bill also provide that, until October 1, 2027, the sponsor of such a charter school is not required to terminate the charter contract or restart the charter school under a new charter contract if, pursuant to the statewide system of accountability for public schools, the charter school receives certain ratings or increases a rating from the immediately preceding school year by a certain percentage.

      Existing law requires at least 80 percent of the teachers who provide instruction at a charter school to hold a license or endorsement to teach in this State. (NRS 388A.518) Section 28 of this bill instead requires, with certain exceptions, that any teacher who provides instruction at a charter school to hold such a license or endorsement. Section 27 of this bill provides that the governing body of a charter school may adopt rules relating to the truancy of pupils if the rules are not more restrictive than those set forth for pupils enrolled in traditional public schools, thereby removing the authority under existing law for the governing body of a charter school to adopt more restrictive rules relating to the truancy of pupils. (NRS 392.130-392.220)

      Existing law provides that each public school within a school district in this State which has more than 100,000 pupils enrolled in its public schools (currently the Clark County School District) is deemed to be a local school precinct. (NRS 388G.530, 388G.600) Under existing law, a local school precinct is required to operate using site-based decision-making in which certain responsibilities are transferred from the large school district to the local school precinct. (NRS 388G.600) Section 85 of this bill repeals this authority. Sections 33.2-33.54 and 33.9 of this bill make conforming changes to reflect this change. Sections 33.57-33.59 of this bill revise provisions governing certain duties of the superintendent of schools of a large school district.

      Existing law: (1) authorizes a local school precinct to carry forward its year-end balance to the next school year for use by the local school precinct; and (2) requires a local school precinct that carries forward a balance that exceeds 5 percent of its actual expenditures to use the money for certain purposes. (NRS 388G.650) Section 33.56 of this bill authorizes a large school district to intervene to require a local school precinct to spend any money carried forward for certain purposes.

      Existing law sets forth requirements governing the involvement of an organizational team for a local school precinct when a vacancy occurs in the position of principal for a local school precinct (NRS 388G.740) Section 33.8 of this bill revises these provisions.

      Existing law: (1) creates the Nevada Educational Choice Scholarship Program; (2) establishes requirements for a scholarship organization that provides grants on behalf of a pupil to a school in which the pupil is enrolled; and (3) requires such a scholarship organization to submit an annual report to the Department containing certain information. (NRS 388D.250-388D.280) Section 30 of this bill establishes certain reporting requirements for schools that receive such grants. Section 31 of this bill requires such schools to administer certain examinations and assessments to certain pupils. Section 33 of this bill requires each school that receives such a grant to comply with the provisions of sections 30 and 31. Section 32 of this bill applies the definition of “scholarship organization” in existing law to sections 30-31.7 of this bill. (NRS 388D.260)

 


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      Existing regulations include provisions governing the operation of the Nevada Educational Choice Scholarship Program. (NAC 388D.030-388D.130) Sections 31.2-31.7 codify certain provisions of these regulations into the Nevada Revised Statutes. Section 31.2 requires a scholarship organization to register with the Department by submitting certain information. Section 31.3 requires: (1) a registered scholarship organization to provide to the Department certain information concerning each pupil on behalf of whom it awards a grant; and (2) the Department to compile certain information submitted by each scholarship organization and review the information to determine whether to recommend a change to the Legislature in the priority for awarding grants. Section 31.5 requires a registered scholarship organization to notify the Department of Taxation of each donation received and prohibits a scholarship organization from carrying forward a donation for more than 5 years. Section 31.6 requires the Department of Education to: (1) maintain a directory of each scholarship organization registered with the Department; (2) submit a list of scholarship organizations registered with the Department to the Department of Taxation each quarter; and (3) submit a summary of certain reports made to the Department of Education to certain entities annually. Section 31.7 authorizes the parent or guardian of a pupil to apply directly to a scholarship organization for a grant and establishes the order of priority in which a scholarship organization is required to award grants. Section 31.7 also requires a scholarship organization to establish written procedures for determining whether a pupil is qualified to receive a grant and awarding grants on behalf of pupils. Section 31.8 of this bill adds sections 31.2-31.7 to the provisions that may be cited as the Nevada Educational Choice Scholarship Program.

      Existing law requires the Department to adopt regulations prescribing certain limitations on: (1) the time taken from instruction to conduct an examination or assessment; and (2) the number of examinations or assessments administered in a school year. (NRS 390.805) Section 35 of this bill establishes additional requirements for such regulations. Section 34 of this bill sets forth certain reporting requirements concerning the amount of class time used to prepare for and conduct examinations and assessments.

      Sections 37 and 38 of this bill: (1) create the Commission on Recruitment and Retention within the Department; (2) set forth the membership and duties of the Commission; and (3) require the Commission to study issues relating to the recruitment and retention of educators in this State. Section 85 of this bill repeals provisions governing the Nevada State Teacher and Education Support Professional Recruitment and Retention Advisory Task Force, thereby dissolving the Task Force. (NRS 391.486-391.496)

      Existing law creates the Commission on Professional Standards in Education and requires the Commission to prescribe regulations, subject to approval by the State Board, for licensing teachers and other educational personnel. (NRS 391.011, 391.019, 391.027) Section 39 of this bill requires the Commission to establish requirements for a person to obtain a provisional license with an endorsement as a registered apprentice. Section 85 repeals the authorization for the State Board to disapprove any regulation adopted by the Commission. Sections 39-42 of this bill make conforming changes to reflect the repeal of authority granted to the State Board. Section 41 revises provisions governing the timing and content of certain reports submitted by the Commission. (NRS 391.028) Section 44 of this bill requires the Department, rather than the State Board, to annually evaluate each provider approved by the Commission to offer certain courses of study or training. (NRS 391.039) Section 48 of this bill eliminates the requirement that certain reports concerning a shortage of teachers be submitted to the State Board. (NRS 391.125)

      Existing law: (1) authorizes certain entities, including, without limitation, a city or county, to sponsor charter schools; and (2) prohibits a city or county from sponsoring a new charter school or expanding the enrollment or operating an additional campus of an existing charter school sponsored by the city or county if the total number of pupils enrolled in the charter schools sponsored by the city or county exceeds a certain percentage of the pupils enrolled in public schools in the city or county other than in charter schools not sponsored by the city or county.

 


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(NRS 388A.220) Section 20.5 of this bill creates an exception to this prohibition by authorizing a city or county to sponsor a new charter school or expand the enrollment or operate an additional campus of an existing charter school sponsored by the city or county, regardless of the number of pupils that will be enrolled in the charter schools sponsored by the city or county, if certain conditions are met.

      Existing law: (1) designates certain academic subjects, including English language arts, as core academic subjects that must be taught in all public schools; and (2) requires the Council to Establish Academic Standards for Public Schools to adopt standards of content and performance for certain courses of study, including courses in the core academic subjects. (NRS 389.018, 389.520) Section 33.97 of this bill makes certain requirements governing the standards and instruction for English language arts. Section 33.93 of this bill requires the Department, to the extent that money is available for such a purpose, to establish a pilot program under which schools or groups of schools may apply to the Department for grants to integrate science, technology, engineering and mathematics into instruction in literacy. Section 33.95 of this bill requires the State Board to use the results of the pilot program to determine whether model curriculum for English language arts should include phonics-based instruction and the integration of science, technology, engineering and mathematics into English language arts in kindergarten and grades 1, 2 and 3.

      Section 38.2 of this bill provides that a school employee is immune from civil and criminal liability for actions taken in good faith to intervene in physical altercations, fights or other incidents that pose an imminent risk to the safety of pupils or other school employees if: (1) the school employee is acting within the course and scope of his or her employment and within the course and scope of his or her role in maintaining order, discipline or the safety of pupils; (2) the actions of the school employee are consistent with state, federal and local laws and the policies of the school district or school at which the school employee is employed; and (3) any harm caused by the intervention is not the result of intentional, willful, grossly negligent or reckless misconduct or a conscious and flagrant indifference to the rights or safety of the person harmed. Section 58.7 of this bill applies this immunity from civil and criminal liability to employees of private schools.

      Existing law requires the Commission on Professional Standards in Education to adopt regulations prescribing the qualifications for licensing teachers and other educational personnel. (NRS 391.019, 391.021) Under existing regulations, a license to teach elementary education authorizes the holder to teach all subjects in elementary grades. (NAC 391.090) Sections 39, 41.5 and 41.6 of this bill require the Commission to adopt regulations requiring that, to be eligible to teach pupils in kindergarten or grade 1, 2 or 3 on or after July 1, 2028, a teacher is required to obtain an endorsement to teach such pupils by successfully completing a course of instruction in foundational literacy skills that is approved by the Commission and meets certain standards. Section 59.5 of this bill authorizes the Board of Regents of the University of Nevada to require certain institutions within the Nevada System of Higher Education to collaborate with the Department and the Commission to establish such courses.

      Existing law requires a postprobationary employee of a school district whose performance is designated as developing or ineffective for 2 consecutive years to serve an additional probationary period. (NRS 391.730) Under existing law: (1) a period of probation is for three 1-year periods and a probationary employee has no right to employment after any of the three probationary contract years; and (2) during the contract year, the probationary employee may be dismissed after receiving notice and an opportunity for a hearing. (NRS 391.820-391.826) Section 52.5 of this bill provides that if a postprobationary employee is serving an additional probationary period under existing law and the postprobationary employee receives a rating of ineffective for 2 consecutive years during that additional probationary period: (1) the board of trustees of the school district may notify the employee that the employee may not be reemployed for the next contract year; or (2) the superintendent of the school district may initiate the process of dismissing the employee during a contract year. Under section 52.5, if a school district does not reemploy or dismisses such an employee, the Department is required to provide: (1) the school district with certain assistance in recruiting and hiring a highly effective administrator to fill any vacancy created; and (2) school leadership with access to certain coaching to assist the school leadership in managing transitions and improving teaching practices.

 


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employee, the Department is required to provide: (1) the school district with certain assistance in recruiting and hiring a highly effective administrator to fill any vacancy created; and (2) school leadership with access to certain coaching to assist the school leadership in managing transitions and improving teaching practices.

      Section 38.8 of this bill authorizes a postprobationary teacher to be placed on a period of probation of 2 school years if certain conditions are met. If a postprobationary teacher is placed on such a period of probation, a performance improvement plan must be established for the postprobationary teacher pursuant to section 38.7 of this bill. Under section 38.8, at the conclusion of the period of probation pursuant to that section, the postprobationary teacher must be evaluated. If, based on that evaluation, the teacher has not made adequate progress toward meeting improvement goals, section 38.8 authorizes the teacher to not be reemployed or to be dismissed in the same manner as a probationary employee.

      Sections 38.3 and 38.4 of this bill enact provisions for administrators similar to sections 38.7 and 38.8. Section 38.6 of this bill requires the Department to track certain data relating to the effectiveness of programs that provide training for school administrators, assess the effectiveness of such programs and make recommendations for the improvement of such programs.

      Existing law requires the board of trustees of each school district and the governing body of each charter school to ensure that teachers employed by the school district or charter school have access to certain professional development training. (NRS 391A.370) Section 56.2 of this bill requires the board of trustees of each school district and the governing body of each charter school to ensure that teachers who teach pupils in kindergarten and grades 1, 2 and 3, administrators of schools in which such pupils are enrolled, certain other administrators and paraprofessionals who directly serve such pupils complete a course of professional development training in the science of reading that is approved by the Department.

      Existing law requires an applicant for the issuance or renewal of a license as a teacher or other educational personnel position to submit to the Superintendent of Public Instruction a complete set of his or her fingerprints and written permission authorizing the Superintendent to forward the fingerprints to the Central Repository for Nevada Records of Criminal History for its report on the criminal history of the applicant and for submission to the Federal Bureau of Investigation (hereinafter “FBI”) for its report on the criminal history of the applicant. (NRS 179A.075, 391.033) Sections 43 and 61 of this bill remove the requirement for an applicant for the renewal of a license as a teacher or other educational personnel to submit to the Superintendent a complete set of fingerprints for the purpose of obtaining a report on the criminal history of the applicant. Instead, section 60 of this bill authorizes the Central Repository and the Department of Education to participate in the in the Rap Back Program administered by the Federal Bureau of Investigation (FBI) for the purpose of enabling the Department to obtain ongoing status notifications of any criminal history of a person licensed by the Superintendent. Under section 60: (1) any fingerprints submitted by an applicant for the issuance of a license as a teacher or other educational personnel will be retained in certain systems maintained by the Central Repository and the FBI for the purposes of the Rap Back Program; and (2) the Central Repository must establish certain methods of handling such fingerprints. Section 60 further provides for the confidentiality of such criminal history information and the destruction of fingerprints maintained in the system when a person is no longer licensed. Section 60 additionally requires the Department to obtain consent from a person before submitting his or her fingerprints to the Central Repository and the FBI. Under section 83, persons who are licensed by the Superintendent at the time the Rap Back Program becomes effective are required to submit fingerprints for the purposes of the Program at the time of the first renewal of their license after the Program is effective and would not submit fingerprints for subsequent renewals. Section 45 of this bill makes a conforming change related to fees for the renewal of such a license to reflect that fingerprints for a background check would no longer be submitted with a renewal application when the Rap Back Program becomes effective. (NRS 391.040) Section 46 of this bill makes a conforming change to remove a requirement for a person who is licensed by the Superintendent and who is returned to employment after certain leave to submit fingerprints for the purposes of a background check because the Department would be receiving notifications for such purposes through the Rap Back Program.

 


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conforming change to remove a requirement for a person who is licensed by the Superintendent and who is returned to employment after certain leave to submit fingerprints for the purposes of a background check because the Department would be receiving notifications for such purposes through the Rap Back Program. (NRS 391.104)

      The board of trustees of a school district is authorized to employ a superintendent of schools. (NRS 391.110) Section 47 of this bill requires the board of trustees of a school district located in a county whose population is 100,000 or more (currently Clark and Washoe Counties) to comply with certain requirements when hiring a superintendent of schools.

      Existing law: (1) requires the State board to establish a statewide performance evaluation system and; (2) sets forth certain requirements governing the evaluation of probationary teachers. (391.465, 391.685) Section 49 of this bill changes how pupil growth is calculated for the purposes of such an evaluation. Section 52 of this bill revises the observation cycles for probationary teachers.

      Section 50 of this bill requires a teacher to develop goals for educational growth, rather than learning goals, for each of his or her pupils. (NRS 391.480) Section 51 of this bill makes a conforming change to reflect the change made in section 50.

      Existing law requires the board of trustees of each school district to establish a program of performance pay and enhanced compensation for the recruitment and retention of licensed teachers and administrators. (NRS 391A.450) Section 55 of this bill requires each large school district to establish through negotiations with an employee organization a differential pay scale for certain licensed educational personnel assigned to certain Title I schools. Section 56 of this bill requires the board of trustees of each large school district to reserve for each fiscal year an amount of money sufficient to provide such a pay scale. Section 54 of this bill defines “large school district” for the purposes of sections 55 and 56. Section 66 of this bill requires the differential pay scale to be within the scope of mandatory collective bargaining. Section 79 of this bill clarifies the manner in which the provisions of section 55 applies to any existing contracts.

      Existing law requires a regional training program for the professional development of teachers and administrators to provide certain training for educational personnel. (NRS 391A.125) Section 57 of this bill sets forth certain requirements for such training.

      Article 11 of the Nevada Constitution requires the Nevada Legislature to provide for the establishment of a State University that is controlled by a Board of Regents whose duties are prescribed by law. (Nev. Const. Art. 11, § 4) Section 59 of this bill requires the Board of Regents, in consultation with the Department, to develop a method for sharing with the Department certain numbers used for the identification of students.

      Section 81.5 of this bill: (1) authorizes institutions within the Nevada System of Higher Education to establish a pilot program to offer an alternative pathway for assessing the competency of prospective teachers through the use of alternative assessment methods; and (2) sets forth the requirements for the program.

      Existing law requires the governing board of a local government to publish a summary of a fiscal report of the local government in a certain newspaper. (NRS 354.6015) Section 67 of this bill eliminates such a requirement for the boards of trustees of school districts.

      Under existing law, the apprenticeship program in Nevada is administered by the Labor Commissioner as the ex officio State Apprenticeship Director with the advice and guidance of the State Apprenticeship Council. (NRS 610.110, 610.120) Sections 69 and 70 of this bill create the Nevada Registered Teacher Apprenticeship Support Account and the Nevada Registered Teacher Apprenticeship Support Program, respectively. Section 69 requires the State Apprenticeship Director to administer the Account.

      Sections 71-78.8 of this bill make certain appropriations for various purposes related to education.

 


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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1. Chapter 385 of NRS is hereby amended by adding thereto the provisions set forth as sections 1.3 and 1.7 of this act.

      Sec. 1.3. 1.  Each public elementary school shall prepare a plan to improve the academic achievement of pupils enrolled in the public elementary school and submit the plan to the Department and the board of trustees of the school district in which the public elementary school is located or, if the public elementary school is a charter school, the sponsor of the charter school. The plan must comply with the requirements of the Every Student Succeeds Act of 2015, 20 U.S.C. §§ 6301 et seq., and include:

      (a) A 3-year strategic plan to advance the academic achievement of pupils;

      (b) Intermediary goals to be met after each school year for the period set forth in paragraph (a);

      (c) A plan that can be implemented by the public elementary school to hire teachers who provide direct instructional services; and

      (d) A plan to provide programs of remedial study in the subject areas of English language arts, mathematics and science to pupils in grades 1 to 5, inclusive, based upon the results of the examinations administered pursuant to NRS 390.105 and any examinations or assessments offered for the purpose of measuring the academic progress of pupils.

      2.  Any goals developed pursuant to subsection 1 must include:

      (a) Goals for pupil growth and improvement in pupil achievement and proficiency in the academic subjects of English language arts, mathematics and science; and

      (b) A measurement of the number of pupils who have, for the subject areas described in paragraph (a):

             (1) Demonstrated progress towards proficiency; and

             (2) Achieved proficiency.

      3.  The superintendent of schools of a school district and the sponsor of a charter school shall, for each public elementary school within the school district or sponsored by the sponsor, as applicable, that does not meet the goals set forth pursuant to paragraph (b) of subsection 1 in 3 consecutive school years:

      (a) Provide additional support for the administration of the school, including, without limitation:

             (1) Increased assistance and monitoring of school progress;

             (2) Instructional or academic support; and

             (3) Requesting guidance from the Education Service Center created by section 56.5 of this act, which shall provide recommendations on strategies and interventions for school improvement.

      (b) Assess the performance of the principal of the public school and his or her responsibility for the failure of the school to meet the goals set forth pursuant to paragraph (b) of subsection 1. The superintendent of schools of the school district or the executive director of the charter school may, to assess the performance of the principal pursuant to this paragraph, consider the rate of chronic absenteeism, as defined by the Department pursuant to subsection 3 of NRS 392.150, at the public school.

 


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pursuant to subsection 3 of NRS 392.150, at the public school. If the superintendent or executive director of the charter school determines that the principal is ineffective and responsible for the failure, the board of trustees must, except as otherwise provided in paragraph (c), remove the principal from his or her position. A principal who is removed from his or her position pursuant to this paragraph may apply for another position within the school district or charter school, as applicable.

      (c) If the principal of the school is not removed from his or her position pursuant to paragraph (b), the principal must reapply to the board of trustees of the school district for his or her current position.

      4.  A principal who is the subject of a performance assessment conducted pursuant to paragraph (b) of subsection 3 and is not removed from his or her position must:

      (a) Every 2 years after receiving the performance assessment, reapply for his or her current position. The principal must reapply for his or her current position pursuant to this paragraph for the duration of his or her employment as principal of the school that did not meet the goals set forth pursuant to paragraph (b) of subsection 1.

      (b) Prepare and submit a report to the Department containing a plan for annual growth that describes any additional supports provided by the school district. The report must be submitted each school year in which the principal remains in his or her current position, unless the school to which the principal is assigned meets the goals in the plan prepared pursuant to subsection 1. The Department shall examine the plan submitted pursuant to this paragraph and determine any adjustments necessary for the school to meet the goals in the plan prepared pursuant to subsection 1.

      5.  If the performance of the principal is assessed pursuant to paragraph (b) of subsection 3 as minimally effective or ineffective, the superintendent of schools of the school district or the executive director of the sponsor of the charter school, as applicable, shall prepare and submit a report to the Department containing a plan for annual growth that describes any additional supports provided by the school district or sponsor of the charter school and any recommendations from the Education Service Center created by section 56.5 of this act. The report must be submitted each school year in which the principal remains in his or her position unless the school to which the principal is assigned meets the goals in the plan prepared pursuant to subsection 1. The Department shall examine the plan submitted pursuant to this subparagraph and determine whether any adjustments are necessary for the school to meet the goals set forth in the plan prepared pursuant to subsection 1.

      Sec. 1.7. 1.  It is the intent of the Legislature to:

      (a) Enhance the efficiency of education reporting requirements by eliminating the reporting of redundant information and data, reducing administrative burdens and ensuring that all reports serve a meaningful purpose in supporting educational outcomes.

      (b) Ensure that teachers and school administrators, who are directly impacted by reporting requirements, have agency in recommending modifications to reporting requirements.

      (c) Preserve transparency, the accountability of public schools and school districts for the quality of schools and the educational achievement of pupils, and the accessibility of information and data concerning the educational achievement of pupils.

 


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      2.  A teacher or school administrator employed at a public school, a charter management organization that operates a charter school or an educational management organization that provides support or operations to a charter school may submit a petition to modify, suspend or eliminate a requirement for a public school or school district to report information or data to another person or entity. Such a petition must be submitted to the superintendent of schools of the school district in which the public school is located or, if the public school is a charter school, the governing body of the charter school. The petition must:

      (a) Clearly identify the requirement to report information or data that the petitioner is seeking to modify, suspend or eliminate;

      (b) Contain a detailed explanation of the reason that the requirement to report information or data is duplicative or redundant or does not provide information or data that is used by the Department, the State Board or any other person or entity to support educational outcomes; and

      (c) Propose an alternative report of information or data, if any, that would ensure that information and data to support educational outcomes remains accessible.

      3.  Upon receipt of a petition submitted pursuant to subsection 2, the superintendent of schools of the school district or governing body of the charter school, as applicable, shall:

      (a) Review the petition to determine whether the requirement to report data or information that is proposed for modification, suspension or elimination is duplicative or redundant or does not provide data or information that is used by the Department, the State Board or any other person or entity to support educational outcomes.

      (b) If the petition requests to modify, suspend or eliminate a requirement for a public school to report data or information to the school district and the superintendent of schools of the school district finds that the requirement to report data or information proposed for modification, suspension or elimination is duplicative or redundant or does not provide data that is used by the school district to support educational outcomes, approve the petition and issue a decision modifying, eliminating or suspending the requirement. If the superintendent of schools of the school district issues such a decision, the superintendent shall provide notice of the approval of the petition to the petitioner, each public school within the school district and any other person or entity affected by the modification, suspension or elimination of the reporting requirement. If the superintendent of public schools of the school district denies a petition to modify, suspend or eliminate a requirement for a public school to report data or information to the school district, the superintendent shall provide a written explanation of the reasons for the denial to the petitioner. A petitioner whose petition is denied pursuant to this paragraph may submit a request for reconsideration of the denial to the superintendent of schools of the school district or resubmit the petition with additional information.

      (c) If the petition requests to modify, suspend or eliminate a requirement for a public school or the school district to report data or information to any person or entity other than the school district and the superintendent of schools of the school district finds that the requirement to report data or information proposed for modification, suspension or elimination is duplicative or redundant or does not provide data that is used by the school district to support educational outcomes, approve the petition and forward the petition to the Department for consideration pursuant to subsection 4 or deny the petition and provide a written explanation to the petitioner of the reasons for the denial of the petition.

 


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petition and forward the petition to the Department for consideration pursuant to subsection 4 or deny the petition and provide a written explanation to the petitioner of the reasons for the denial of the petition. A petitioner whose petition is denied pursuant to this paragraph may submit a request for reconsideration of the denial to the superintendent of schools or governing body of the charter school, as applicable, or resubmit the petition with additional information.

      4.  The Superintendent of Public Instruction shall evaluate each petition forwarded to the Department pursuant to subsection 3 and, as part of such an evaluation, consider:

      (a) Any information provided by the petitioner, including, without limitation, any statements of support from school leadership, governing bodies, teachers or other educational personnel;

      (b) The necessity of the reporting requirement for compliance with federal or state law;

      (c) Whether the information or data that is reported is available through other means or reporting mechanisms;

      (d) The administrative burden imposed by the reporting requirement, with a focus on enabling teachers and administrators to allocate their time efficiently to activities that support pupil learning; and

      (e) The potential impact of the modification, suspension or elimination of the reporting requirement on transparency, the accountability of public schools and school districts for the quality of schools and the educational achievement of pupils, and the accessibility of information and data concerning the educational achievement of pupils.

      5.  Not later than 180 days after receiving a petition for evaluation pursuant to subsection 4, the Superintendent of Public Instruction shall approve the petition, deny the petition or request additional information or revisions to the petition. If the Superintendent requests additional information or revisions to the petition, the Superintendent shall, not later than 90 days after receiving such additional information or revisions, approve or deny the petition.

      6.  If, after conducting an evaluation of a petition pursuant to subsection 4, the Superintendent of Public Instruction finds that the requirement to report data or information proposed for modification, suspension or elimination is duplicative or redundant or does not provide data or information that is used by the Department, the State Board or any other person or entity to support educational outcomes, the Superintendent may issue an order modifying, suspending or eliminating the requirement. If the Superintendent of Public Instruction denies the petition, the Superintendent shall provide notice of the denial and a written explanation of the reasons for the denial to the petitioner and the superintendent of schools of the school district or governing body of the charter school, as applicable, that forwarded the petition to the Department pursuant to subsection 3. If the Superintendent of Public Instruction issues an order modifying, suspending or eliminating a reporting requirement pursuant to this subsection, the Superintendent shall:

      (a) Provide notice of the order to the petitioner, the superintendent of schools of the school district or the governing body of the charter school that forwarded the petition to the Department pursuant to subsection 3 and any other person or entity affected by the modification, suspension or elimination of the reporting requirement.

 


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      (b) Submit a report to the Director of the Legislative Counsel Bureau for transmittal to the Joint Interim Standing Committee on Education or, if the Legislature is in session at the time notice is provided pursuant to paragraph (a), to the Senate and Assembly Standing Committees on Education, which describes the reporting requirement modified, suspended or eliminated and any recommendations for legislation to continue the modification, suspension or elimination of the reporting requirement after the expiration of the order.

      7.  Notwithstanding any other provision of law, if, pursuant to this section, the superintendent of schools of a school district or the Superintendent of Public Instruction issues a decision or order modifying, suspending or eliminating a requirement to report data or information, each person or entity to whom the requirement applies shall comply with the decision of the superintendent of schools of the school district or the order of the Superintendent of Public Instruction, as applicable, until the expiration of the decision or order. Any decision or order issued pursuant to this section expires on July 1 of the next odd-numbered year following its issuance.

      8.  The superintendent of schools of each school district and the governing body of each charter school shall report to the Department in a standardized format prescribed by the Department any information required by the Department to complete the reporting of information required by subsection 9 concerning petitions submitted by teachers and school administrators pursuant to subsection 2.

      9.  The Department shall include in a report submitted on or before February 1 of each odd-numbered year to the Director of the Legislative Counsel Bureau for transmittal to the Legislature:

      (a) Information concerning the participation of teachers and school administrators in the process to request the modification, suspension or elimination of requirements for the reporting of information or data, including, without limitation, data relating to petitions submitted by teachers and administrators pursuant to subsection 2;

      (b) A summary of each petition received by the Department pursuant to this section and the decision of the Superintendent of Public Instruction on each such petition;

      (c) The rationale of the Superintendent for the approval of each petition that was approved by the Superintendent; and

      (d) Any trends or systemic issues identified by the Superintendent which are related to requirements for a public school or school district to report information or data to another person or entity.

      10.  The Department may adopt regulations to carry out the provisions of this section. The State Board may adopt regulations to establish:

      (a) A format for a petition submitted pursuant to this section and procedures for the submission of such a petition;

      (b) Criteria for evaluating such a petition;

      (c) Procedures to ensure that teachers and school administrators have input on decisions regarding requirements for a public school or school district to report information or data to another person or entity; and

      (d) Any other requirements necessary to implement the provisions of this section.

 


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      Sec. 2. NRS 385.111 is hereby amended to read as follows:

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

      (a) Must be prepared in consultation with:

             (1) Employees of the Department [;] and members of the State Board;

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

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

             (4) At least one representative of the Statewide Council for the Coordination of the Regional Training Programs created by NRS 391A.130, appointed by the Council; and

      (b) May be prepared in consultation with:

             (1) Representatives of institutions of higher education;

            (2) Representatives of regional educational laboratories;

             (3) Representatives of outside consultant groups;

             (4) Representatives of the regional training programs for the professional development of teachers and administrators created by NRS 391A.120; and

             (5) The Legislative Bureau of Educational Accountability and Program Evaluation . [; and

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

      2.  On or before March 31 of each year, the [State Board] Department shall submit the plan or the revised plan, as applicable, to the:

      (a) Governor;

      (b) Joint Interim Standing Committee on Education;

      (c) [Legislative Bureau of Educational Accountability and Program Evaluation;] State Board;

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

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

      (f) Governing body of each charter school.

      Sec. 3. NRS 385.112 is hereby amended to read as follows:

      385.112  A plan to improve the achievement of pupils enrolled in public schools in this State prepared pursuant to NRS 385.111 must include:

      1.  A review and analysis of the data upon which the report required pursuant to NRS 385A.400 is based and a review and analysis of any data that is more recent than the data upon which the report is based.

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

      3.  Strategies based upon evidence-based research, as defined in 20 U.S.C. § 7801(21), that will strengthen the core academic subjects, as set forth in NRS 389.018.

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

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

 


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             (1) The curriculum appropriate to improve achievement;

             (2) The manner by which the instruction will improve the achievement and proficiency of pupils on the examinations administered pursuant to NRS 390.105 and the college and career readiness assessment administered pursuant to NRS 390.610, including, without limitation, the manner in which remediation will be provided to pupils who require remediation based on the results of an examination administered pursuant to NRS 390.610; and

             (3) An identification of the instruction and curriculum that is specifically designed to improve the achievement and proficiency of pupils in each group identified in the statewide system of accountability for public schools;

      (b) Improve the literacy skills of pupils;

      (c) Improve the development of English language skills and academic achievement of pupils who are English learners;

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

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

      (f) Manage effectively the discipline of pupils; and

      (g) Enhance the professional development offered for the teachers and administrators employed at public schools in this State to include the activities set forth in 20 U.S.C. § 7801(42) and to address the specific needs of the pupils enrolled in public schools in this State, as deemed appropriate by the State Board.

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

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

      (b) The availability of Governor Guinn Millennium Scholarships pursuant to NRS 396.911 to 396.945, inclusive, and Nevada Promise Scholarships pursuant to NRS 396.961 to 396.9685, inclusive; and

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

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

      7.  A timeline for carrying out the plan, including, without limitation:

      (a) The rate of improvement and progress which must be attained annually in meeting the goals and benchmarks established by the [State Board] Department pursuant to NRS 385.113; and

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

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

 


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      9.  Strategies to improve the allocation of resources from this State, by program and by school district, in a manner that will improve the academic achievement of pupils. If this State has a financial analysis program that is designed to track educational expenditures and revenues to individual schools, the State Board shall use that statewide program in complying with this 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.

      10.  Based upon the reallocation of resources set forth in subsection 9, the resources available to the State Board and the Department to carry out the plan, including, without limitation, a budget for the overall cost of carrying out the plan.

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

      12.  A 5-year strategic plan which identifies the recurring issues in improving the achievement and proficiency of pupils in this State and which establishes strategic goals to address those issues. The 5-year strategic plan must be:

      (a) Based upon the data from previous years which is collected by the Department for the plan developed pursuant to NRS 385.111; and

      (b) Designed to track the progress made in achieving the strategic goals established by the Department.

      13.  Any additional plans addressing the achievement and proficiency of pupils adopted by the Department.

      Sec. 4. NRS 385.113 is hereby amended to read as follows:

      385.113  The [State Board] Department shall:

      1.  In developing the plan to improve the achievement of pupils enrolled in public schools pursuant to NRS 385.111, establish clearly defined goals and benchmarks for improving the achievement of pupils, including, without limitation, goals for:

      (a) Improving proficiency results in core academic subjects;

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

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

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

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

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

      2.  Review the plan annually to evaluate the effectiveness of the plan;

      3.  Examine the timeline for implementing the plan and each provision of the plan to determine whether the annual goals and benchmarks have been attained;

 


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      4.  Based upon the evaluation of the plan, make revisions, as necessary, to ensure that:

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

      (b) The plan is designed to improve the academic achievement of pupils enrolled in public schools in this State; and

      5.  Review the plans submitted pursuant to subsection 4 of NRS 385A.650 to:

      (a) Determine common problems identified by the principal of each school; and

      (b) Make recommendations to the Department concerning how the Department can best support the needs of schools.

      Sec. 5. NRS 385.230 is hereby amended to read as follows:

      385.230  1.  The Department shall, in [conjunction] collaboration with the State Board, prepare an annual report of the state of public education in this State. The report must include, without limitation:

      (a) An analysis of each annual report of accountability prepared by the State Board pursuant to NRS 385A.400;

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

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

      (d) A description of the goals and benchmarks for improving the academic achievement of pupils which are included in the plan to improve the achievement of pupils required by NRS 385.111;

      (e) A description of any policies, plans and programs for promoting, extending and improving career and technical education for pupils;

      (f) A description of any significant changes made to the collection, maintenance or transfer of data concerning pupils by the Department, a school district, a sponsor of a charter school or a university school for profoundly gifted pupils;

      (g) Any new data elements, including, without limitation, data about individual pupils and aggregated data about pupils within a defined group, proposed for inclusion in the automated system of accountability information for Nevada established pursuant to NRS 385A.800;

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

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

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

      (k) An analysis of the ability of the automated system of accountability information for Nevada established pursuant to NRS 385A.800 to link the achievement of pupils to the performance of the individual teachers assigned to those pupils and to the principals of the schools in which the pupils are enrolled;

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

 


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

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

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

             (3) Pupils with disabilities;

             (4) Pupils who are English learners; and

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

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

      (o) A summary of any measures taken by the Superintendent of Public Instruction pursuant to NRS 388.4354 to ensure compliance with a plan of corrective action or the order of a hearing officer; and

      (p) An analysis of data on the discipline of pupils collected pursuant to NRS 385A.840, including, without limitation:

             (1) Trends in the data measuring changes in the discipline of pupils; and

             (2) Areas identified by the Department where the Department will provide support to a public school to address trends in the data on the discipline of pupils.

      2.  In odd-numbered years, the Superintendent of Public Instruction shall present the report prepared pursuant to subsection 1 in person to the Governor and each standing committee of the Legislature with primary jurisdiction over matters relating to K-12 public education at the beginning of each regular session of the Legislature.

      3.  In even-numbered years, the Superintendent of Public Instruction shall, on or before January 31, submit a written copy of the report prepared pursuant to subsection 1 to the Governor and to the Joint Interim Standing Committee on Education.

      Sec. 5.5. NRS 385.920 is hereby amended to read as follows:

      385.920  1.  The Commission shall develop a statewide vision and implementation plan to improve the public education system in this State. The Commission shall:

      (a) Conduct a benchmarking or gap analysis study comparing the education policies of this State to the education policies of high-performing international and domestic education systems.

      (b) Make recommendations on how to adapt the appropriate education policies of high-performing international and domestic education systems into the public education system in this State.

      (c) Identify objectives to put the education performance of pupils in this State in parity with that of pupils in high-performing international and domestic education systems and make recommendations on how to meet the identified objectives.

      (d) [Review the findings of any previous or ongoing studies related to the funding of education and incorporate any relevant findings.

      (e) Develop an implementation plan for the recommendations made pursuant to this section which includes an analysis of the costs of the plan.] Review the academic progress made by pupils in each public school. In performing such a review, the Commission shall:

 


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             (1) Use metrics to measure the academic achievement of pupils which include, without limitation:

                   (I) The rate of graduation of pupils from high school by type of diploma;

                   (II) The performance of pupils on standardized examinations in math, reading and science;

                   (III) The number of credentials or other certifications in fields of career and technical education earned by pupils;

                   (IV) The number of pupils who earn a passing score on an advanced placement examination;

                   (V) The number of pupils who earn a passing score on an international baccalaureate examination;

                   (VI) The percentage of pupils in each school who lack a sufficient number of credits to graduate by the end of their 12th grade year;

                   (VII) The percentage of pupils in each school who drop out;

                   (VIII) The number of pupils who enroll in higher education upon graduation;

                   (IX) The number of pupils who enroll in a vocational or technical school or apprenticeship training program;

                   (X) The attendance rate for pupils;

                   (XI) The number of violent acts by pupils and disciplinary actions against pupils; and

                   (XII) Any other metric prescribed by the Commission;

             (2) Use metrics to measure the improvement of pupils enrolled in elementary school in literacy which include, without limitation:

                   (I) The literacy rate for pupils in the first, third and fifth grades;

                   (II) The number of pupils in elementary school who were promoted to the next grade after testing below proficient in reading in the immediately preceding school year, separated by grade level and by level of performance on the relevant test;

                   (III) The number of schools that employ a licensed teacher designated to serve as a literacy specialist pursuant to NRS 388.159 and the number of schools that fail to employ and designate such a licensed teacher; and

                   (IV) Any other metric prescribed by the Commission;

             (3) Use metrics to measure the ability of public schools to hire and retain sufficient staff to meet the needs of the public schools which include, without limitation:

                   (I) The rate of vacancies in positions for teachers, support staff and administrators;

                   (II) The attendance rate for teachers;

                   (III) The retention rate for teachers;

                   (IV) The number of schools and classrooms within each school in which the number of pupils in attendance exceeds the designed capacity for the school or classroom;

                   (V) The number of classes taught by a substitute teacher for more than 25 percent of the school year; and

                   (VI) Any other metric prescribed by the Commission;

 


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             (4) Use metrics to measure the extent to which schools meet the needs and expectations of pupils, parents or legal guardians of pupils, teachers, administrators and other school employees which include, without limitation:

                   (I) The results of an annual survey of satisfaction of school employees;

                   (II) The results of an annual survey of satisfaction of pupils, parents or legal guardians of pupils and graduates; and

                   (III) Any other metric prescribed by the Commission;

             (5) Identify the progress made by each school, school district and charter school on improving the literacy of pupils enrolled in elementary school;

             (6) Make recommendations for strategies to increase the efficacy, efficiency, transparency and accountability of public schools; and

             (7) Make recommendations to the Department, school districts and charter schools to improve the reporting, tracking, monitoring, analyzing and dissemination of data relating to pupil achievement and financial accountability, including, without limitation, revisions to the metrics identified in subparagraphs (1) to (4), inclusive.

      (e) Review the reporting, tracking, monitoring, analyzing and dissemination of data relating to pupil achievement and financial accountability for the purpose of identifying and recommending the elimination of any reporting that is redundant or does not effectively provide measurable and informative data with which to assess and improve the educational programs and priorities of this State.

      (f) Collaborate with the Department and the Commission on School Funding to:

             (1) Gather input relating to paragraph (g) from all interested persons and entities;

             (2) Establish a centralized repository of all reports of data relating to pupil achievement and financial accountability and make the centralized repository easily accessible on the Internet website of the Department; and

             (3) Develop a framework for the reporting of data relating to pupil achievement and financial accountability that ensures that data reported to the Department:

                   (I) Identifies areas of proficiency and growth of pupils in this State;

                   (II) Identifies gaps in achievement among groups of pupils;

                   (III) Identifies resource and funding allocations at the school, program and pupil level;

                   (IV) Provides clear, actionable data to enable the development of policies and practices to improve educational outcomes in this State; and

                   (V) Is incorporated into the centralized repository established pursuant to subparagraph (2) and is organized into portals or tabs that feature information of interest and value to interested parties, including, without limitation, the Department, school districts, schools, administrators, teachers and support staff, elected officials and parents.

      2.  The Commission may employ and contract with the National Center on Education and the Economy or an organization with similar expertise and qualifications to carry out any of its functions pursuant to this section.

 


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      3.  The Commission may coordinate with educational entities and business entities for information and expertise as necessary to carry out any of its functions pursuant to this section.

      4.  On or before June 30 of each year, the Commission shall submit a written report of its findings and any recommendations for eliminating or amending reporting requirements for public schools to the Governor, the Superintendent of Public Instruction, the Legislative Commission and the Joint Interim Standing Committee on Education. The Commission shall:

      (a) Present any recommendations developed pursuant to this subsection at a meeting of the Joint Interim Standing Committee on Education; and

      (b) After consideration of the recommendations of the Joint Interim Standing Committee on Education, transmit the recommendations or a revised version of the recommendations to the Governor and the Director of the Legislative Counsel Bureau for distribution to the Legislature.

      Sec. 6. Chapter 385A of NRS is hereby amended by adding thereto the provisions set forth as sections 6.1 to 6.6, inclusive, of this act.

      Sec. 6.1. The annual report of accountability prepared pursuant to NRS 385A.070 must include information on progress made toward meeting the goals set forth in the plans prepared pursuant to NRS 385.111 and section 1.3 of this act.

      Sec. 6.2.  1.  The Department shall make every effort to ensure that the statewide system of accountability for public schools applies uniformly to all school districts and charter schools in this State and complies with all requirements for the accountability of public schools, including, without limitation, 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 for public schools applies to all school districts and charter schools in this State, regardless of size or demographics, and must, except as otherwise provided in subsection 3 of section 6.4 of this act:

      (a) Include a method to, on an annual basis, rate each school district and sponsor of a charter school based upon the collective performance of the public schools within the school district or the charter schools sponsored by the sponsor, as applicable, and the achievement of district-wide or sponsor-wide performance targets, as applicable, established pursuant to the statewide system of accountability for public schools;

      (b) Include a method to implement consequences, rewards, supports and interventions for school districts and sponsors of charter schools based upon such ratings, with a focus on addressing disparities and improving outcomes for historically underserved populations;

      (c) Include a method to provide grants, financial support or other resources, to the extent that money is available for that purpose, to school districts or sponsors of charter schools receiving one of the two lowest ratings of performance pursuant to the statewide system of accountability for public schools; and

      (d) Establish district-wide and sponsor-wide achievement targets 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 district-wide and sponsor-wide achievement targets and performance targets must be based on aggregated metrics from the public schools within the school district or the charter schools sponsored by the sponsor, including, without limitation, measurements of the progress and proficiency of pupils on the examinations administered pursuant to NRS 390.105.

 


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and performance targets must be based on aggregated metrics from the public schools within the school district or the charter schools sponsored by the sponsor, including, without limitation, measurements of the progress and proficiency of pupils on the examinations administered pursuant to NRS 390.105.

      3.  The statewide system of accountability for public schools must:

      (a) Ensure that data collected under the system is used to promote transparency, equity and measurable progress in pupil achievement in school districts throughout this State;

      (b) Provide for the monitoring and oversight of the operations of, and allocation of resources by, school districts and sponsors of charter schools for the purpose of improving pupil outcomes; and

      (c) Establish mechanisms for public reporting on the performance of each school district and sponsor of a charter school, including, without limitation, accountability metrics and a detailed analysis of the progress of each school district and sponsor of a charter school toward its district-wide or sponsor-wide achievement targets, as applicable.

      4.  In administering the statewide system of accountability for public schools as required by this section, including, without limitation, the achievement and performance targets for school districts and sponsors of charter schools and the criteria used to rate each school district and sponsor of a charter school, the Department shall meaningfully consult with the parents and guardians of pupils enrolled in public schools in this State.

      5.  The Department shall provide technical assistance and guidance to school districts and sponsors of charter schools to support compliance with the statewide system of accountability for public schools and to address deficiencies identified through the rating process.

      6.  Any consequences, rewards, supports or interventions implemented pursuant to paragraph (b) of subsection 2 that involve significant changes for the school district, sponsor of the charter school or public school must, before implementation, be proposed by the Superintendent of Public Instruction and approved by the Public Education Oversight Board impaneled pursuant to section 9.1 of this act.

      Sec. 6.3.  1.  On or before a date determined by the Superintendent of Public Instruction, but not later than the third Friday in August of each year, the Department shall determine whether each school district and each sponsor of a charter school is meeting the district-wide or sponsor-wide achievement targets and performance targets, as applicable, established pursuant to the statewide system of accountability for public schools.

      2.  The determination for a school district and a sponsor of a charter school must be made pursuant to subsection 1 in consultation with the board of trustees of the school district or the sponsor of the charter school, as applicable, and must be based only upon the information and data for those pupils who are enrolled in the public schools within the school district or sponsored by the sponsor of a charter school for a full academic year. On or before a date determined by the Superintendent of Public Instruction, but not later than the third Friday in August of each year, the Department shall:

 


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      (a) Transmit the determination made for each school district and each sponsor of a charter school to the board of trustees of that school district or sponsor of that charter school, as applicable;

      (b) Transmit the determination made for each school district and sponsor of a charter school to the State Board and the Governor; and

      (c) Post on the Internet website maintained by the Department a report summarizing the determination made for each school district and each sponsor of a charter school, including, without limitation, the metrics for measuring the achievement and performance for each school district and each sponsor of a charter school.

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

      (a) The Department shall not determine that the school district or sponsor of the charter 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 public schools in the school district or charter schools sponsored by the sponsor of charter schools and who took the examinations administered pursuant to NRS 390.105.

Κ 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 one or more public schools in a school district or charter schools sponsored by a sponsor of charter schools and the irregularity invalidates the test scores of pupils, such test scores must be included in the aggregate of scores reported for the school district or sponsor of charter schools, the attendance of those pupils must be counted toward the total number of pupils who took the examinations administered pursuant to NRS 390.105 and the pupils must be included in the total number of pupils who were required to take the examinations. The determination made pursuant to subsection 1 for a school district or sponsor of charter schools must reflect any such irregularity and describe the impact of any such irregularity on the determination.

      5.  If the determination made pursuant to subsection 1 indicates that a school district or sponsor of a charter school is not meeting district-wide or sponsor-wide achievement targets or performance targets, the Superintendent of Public Instruction must prepare recommendations for tiered interventions consistent with the statewide system of accountability for public schools. Such recommendations must be submitted to the Public Education Oversight Board impaneled pursuant to section 9.1 of this act for approval before implementation.

      6.  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.

 


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      Sec. 6.4. 1.  Except as otherwise provided in subsection 3, based upon the determinations made by the Department pursuant to section 6.3 of this act, the Department shall, on or before a date determined by the Superintendent of Public Instruction but not later than the third Friday in August of each year, issue a preliminary rating for each school district or sponsor of a charter school in accordance with the statewide system of accountability for public schools.

      2.  Except as otherwise provided in subsection 3:

      (a) Before making a final rating for a school district or sponsor of a charter school, the Department shall provide the school district or sponsor of a charter school an opportunity to review the data upon which the preliminary rating is based and to present evidence or corrections. The Department shall notify the board of trustees of the school district or the sponsor of the charter school of the opportunities provided pursuant to this paragraph and provide a reasonable period within which to present evidence or corrections pursuant to this paragraph.

      (b) After considering any evidence or corrections submitted by a school district or sponsor of a charter school within the reasonable period prescribed by the Department pursuant to paragraph (a), the Department shall, on or before a date determined by the Superintendent of Public Instruction but not later than the third Friday in September of each year, make a final determination concerning the rating for the school district.

      3.  The Department may temporarily waive or otherwise pause the requirement to make ratings for school districts or sponsors of charter schools that comply with 20 U.S.C. § 6311(c) pursuant to this section if the United States Department of Education grants a waiver from or otherwise pauses the requirements of 20 U.S.C. § 6311(c).

      4.  On or before a date determined by the Superintendent of Public Instruction but not later than the third Friday in September of each year, the Department shall:

      (a) Post on the Internet website maintained by the Department the determinations and final ratings made for all school districts and sponsors of charter schools in this State, which must be presented in a clear and understandable format; and

      (b) Submit a report summarizing the determinations and final ratings made for all school districts and sponsors of charter schools in this State, including, without limitation, detailed data and information on the district-wide performance of each school district and sponsor-wide performance of each sponsor of a charter school and compliance with state accountability standards, to:

             (1) The Governor;

             (2) The State Board; and

             (3) The Director of the Legislative Counsel Bureau for transmittal to the Joint Interim Standing Committee on Education and the next regular session of the Legislature.

      5.  If the final determination made pursuant to subsection 2 indicates that a school district or sponsor of a charter school has received one of the two lowest performance ratings, the Superintendent of Public Instruction shall propose specified tiered interventions consistent with the statewide system of accountability for public schools. Such proposed interventions must be approved by the Public Education Oversight Board impaneled pursuant to section 9.1 of this act before implementation.

 


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      Sec. 6.5. 1.  The Superintendent of Public Instruction:

      (a) Shall designate a school district or sponsor of a charter school as a low-performing school district or sponsor of a charter school if:

             (1) The Department has determined that the school district or sponsor of the charter school has failed to meet the district-wide or sponsor-wide achievement targets and performance targets, as applicable, established pursuant to the statewide system of accountability for public schools; or

             (2) The school district or sponsor of the charter school receives one of the two lowest ratings of performance pursuant to the statewide system of accountability for public schools.

      (b) May designate a school district or sponsor of a charter school as a low-performing school district or sponsor of a charter school if:

             (1) The administration of the school district or the sponsor of the charter school is characterized by instability or unsatisfactory performance in leadership, including, without limitation, a dismissal, resignation or removal of the superintendent of schools of the school district, that has a significant impact on the operations of the school district or the sponsor of the charter school and the educational outcomes for pupils;

             (2) The resignation or removal of members of the board of trustees of the school district or the sponsor of the charter school results in multiple vacancies that disrupt the continuity of leadership of the school district or the sponsor of the charter school and impacts the ability of the board of trustees to effectively govern the school district or charter school;

             (3) The school district or sponsor of the charter school experiences an unexpected and severe financial hardship, including, without limitation, a financial hardship resulting from financial malfeasance, financial mismanagement or any other condition, that threatens the fiscal stability and operational capacity of the school district or sponsor of the charter school; or

             (4) Based on data and information concerning the achievement and performance of pupils enrolled in public schools in the school district or sponsored by the sponsor of charter schools, the allocation of resources by the school district or the sponsor of the charter school or the availability of educational programs among public schools in the school district or sponsored by the sponsor of charter schools and specific groups of pupils enrolled in those schools, the school district or sponsor of the charter school is characterized by systemic inequity in educational access, resources or outcomes among specific groups of pupils, including, without limitation, among pupils who are economically disadvantaged, pupils from major racial and ethnic groups, pupils with disabilities and pupils who are English learners.

      (c) May designate a school district or sponsor of a charter school as a low-performing school district or sponsor of a charter school if a state of emergency for the school district or sponsor of the charter school is declared. Such a state of emergency may be declared if:

             (1) The Governor, the State Board or the Chair of the Legislative Commission issues a written complaint to the board of trustees of a school district or the sponsor of a charter school that identifies a material noncompliance with any state law by the board of trustees of the school district or the sponsor of the charter school;

 


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             (2) The board of trustees of the school district or the sponsor of the charter school does not provide a satisfactory plan of correction within 60 days after receiving the written complaint;

             (3) After the time to provide a plan of correction has elapsed, the State Board finds the school district or sponsor of the charter school has engaged in a material noncompliance with state law and votes to recommend impaneling the Public Education Oversight Board pursuant to section 9.1 of this act; and

             (4) The Superintendent of Public Instruction formally declares a state of emergency, specifying:

                   (I) The actions that failed to comply with state law;

                   (II) The date of the first meeting of the Public Education Oversight Board, which must occur not later than 30 days after the declaration of a state of emergency;

                   (III) The date on which the state of emergency terminates, which must occur not later than 90 days after the state of emergency is declared; and

                   (IV) That the state of emergency may be extended for an additional 90 days if a majority of members of the Public Education Oversight Board vote to do so.

      2.  The Superintendent of Public Instruction shall designate a school district or sponsor of a charter school as an underperforming school district or sponsor of a charter school if:

      (a) For at least 2 consecutive school years, the Superintendent has designated the school district or sponsor of the charter school as a low-performing school district of sponsor of a charter school pursuant to subsection 1; or

      (b) The Superintendent:

             (1) Designated the school district or sponsor of the charter school as a low-performing school district or sponsor of a charter school pursuant to subsection 1 in the current or the immediately preceding school year; and

             (2) Determines that one or more of the conditions set forth in paragraph (b) of subsection 1 exist for the school district or sponsor of the charter school.

      3.  Upon designating a school district or sponsor of a charter school as low-performing or underperforming pursuant to this section, the Superintendent of Public Instruction shall propose specific tiered interventions consistent with the statewide system of accountability for public schools. Such interventions must be approved by the Public Education Oversight Board impaneled pursuant to section 9.1 of this act before implementation.

      Sec. 6.6. 1.  The Superintendent of Public Instruction shall designate a public school, other than a public school approved by the State Board to be rated using the alternative performance framework prescribed by the State Board pursuant to NRS 385A.730, as a low-performing school if, in at least 2 of the immediately preceding 3 school years, at least one of the following criteria apply to the public school:

      (a) The public school receives one of the two lowest ratings of performance pursuant to the statewide system of accountability for public schools.

 


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      (b) The pupils enrolled in the public school demonstrate proficiency in English language arts and mathematics in the bottom 20th percentile of statewide performance metrics, as determined by the Department.

      (c) For high schools, the average graduation rate is less than 60 percent for the immediately preceding 3 school years or less than 70 percent for the immediately preceding 5 school years.

      (d) For elementary schools, more than 50 percent of the pupils enrolled in the elementary school do not achieve adequate proficiency in the subject area of reading before the completion of grade 3.

      2.  On the day that the Department posts on the Internet website maintained by the Department the determinations and final ratings made for all public schools in this State pursuant to NRS 385A.720:

      (a) The Department shall post on the Internet website maintained by the Department a list of public schools that are designated as low-performing schools pursuant to subsection 1;

      (b) Each school district or sponsor of a charter school with at least one public school in the school district or charter school on the list of public schools that are designated as low-performing schools pursuant to subsection 1 shall post the list on the Internet website maintained by the school district or sponsor of the charter school, as applicable; and

      (c) The Department shall provide the list of public schools that are designated as low-performing schools pursuant to subsection 1 to the State Board as part of the report of data provided to the State Board pursuant to subsection 3 of NRS 385A.080.

      3.  The principal of each public school designated as a low-performing school shall notify the parents and legal guardians of pupils enrolled in the public school of the designation of the public school as a low-performing school and the actions that will be taken to address the areas of deficiency that caused the designation. The notice must:

      (a) Contain a summary of the data and information concerning the performance of pupils enrolled in the public school and the specific areas identified for improvement;

      (b) Provide information on any available support or resources for pupils and their families, including, without limitation, academic and social-emotional resources;

      (c) Contain a detailed improvement plan outlining the measures the public school intends to implement, with clearly defined goals and timelines for achieving those goals; and

      (d) Provide information on alternative educational options available to pupils residing in the zone of attendance of the public school, including, without limitation, policies regarding a transfer to another public school, if applicable.

      4.  Upon designating a public school as a low-performing school pursuant to subsection 1, the Superintendent of Public Instruction shall propose specific school-level tiered interventions consistent with the statewide system of accountability for public schools. Such proposed interventions must be submitted to the Public Education Oversight Board impaneled pursuant to section 9.1 of this act for approval before implementation.

      Sec. 7. NRS 385A.070 is hereby amended to read as follows:

      385A.070  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.

 


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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, and section 6.1 of this act 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 section 6.1 of this act 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, and section 6.1 of this act 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, each college or university within the Nevada System of Higher Education and each city or county 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 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, each college or university within the Nevada System of Higher Education and each city or county that sponsors a charter school, shall prescribe by regulation the information that must be prepared by the State Public Charter School Authority and institution, as applicable, which must include, without limitation, the information contained in subsection 2 and NRS 385A.070 to 385A.320, inclusive, and section 6.1 of this act, 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.

      Sec. 7.3. NRS 385A.080 is hereby amended to read as follows:

      385A.080  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, each college or university within the Nevada System of Higher Education and each city or county that sponsors a charter school.

 


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      (b) Provide statistical information and technical assistance to the school districts, the State Public Charter School Authority, each college or university within the Nevada System of Higher Education and each city or county 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,

Κ 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.

      (d) Establish metrics of performance for public schools for each grade which include, without limitation, metrics for:

             (1) The growth and proficiency of pupils in literacy, mathematics and science;

             (2) The engagement and proficiency of pupils in courses for college and career readiness; and

             (3) The retention and recruitment of teachers and education support professionals.

      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.

      3.  The Superintendent of Public Instruction and each school district and charter school shall:

      (a) Publish the metrics established pursuant to paragraph (d) of subsection 1 on their respective Internet websites; and

      (b) On or before October 1 of each year, report data relating to each metric established pursuant to paragraph (d) of subsection 1 to the Governor, the State Board and the Director of the Legislative Counsel Bureau for transmission to the Joint Interim Standing Committee on Education.

      4.  To the greatest extent possible, the Superintendent of Public Instruction shall, when obtaining data relating to each metric established pursuant to paragraph (d) of subsection 1:

      (a) Use information that has previously been submitted to the Superintendent of Public Instruction and the Department; and

      (b) Avoid duplicative requests for information.

      Sec. 7.4. NRS 385A.090 is hereby amended to read as follows:

      385A.090  1.  [On or before September 30] Not later than 10 days after the date determined by the Superintendent of Public Instruction, but not later than the third Friday in August of each year:

      (a) The board of trustees of each school district, the State Public Charter School Authority, each college or university within the Nevada System of Higher Education and each city or county 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, institution or city or county, if any, or otherwise provide written notice of the availability of the report.

 


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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, institution or city or county, 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) 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, each college or university within the Nevada System of Higher Education and each city or county 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 institution or the city or county, 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 institution, the city or the county does not maintain a website, the State Public Charter School Authority, the institution, the city or the county, 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, a college or university within the Nevada System of Higher Education or a city or county that sponsors a charter school, as applicable, shall provide a portion or portions of the report required pursuant to NRS 385A.070.

      Sec. 7.5. NRS 385A.200 is hereby amended to read as follows:

      385A.200  1.  Except as otherwise provided in subsection 2, 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:

 


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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:

      (a) 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.

      (b) 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.

      (c) 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.

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

      (e) 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.

      (f) 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.

      (g) Except as otherwise provided in subsection 3 of NRS 385A.720, 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.

      (h) 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.

      (i) 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 [.] and, where applicable, with the results of pupils in comparable school districts in other states. The information required by this paragraph must be provided in consultation with the Department to ensure the accuracy of the comparison.

      (j) 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 [.] and, where applicable, with the results of pupils in schools in comparable school districts in other states. The information required by this paragraph must be provided in consultation with the Department to ensure the accuracy of the comparison.

      2.  If the Department temporarily waives or otherwise pauses the requirement to administer examinations that comply with 20 U.S.C. § 6311(b)(2) pursuant to subsection 6 of NRS 390.105, the requirement of subsection 1 to include certain information in the annual report of accountability prepared pursuant to NRS 385A.070 does not apply for the period of time that such a waiver or pause is effective.

 


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      Sec. 8. NRS 385A.230 is hereby amended to read as follows:

      385A.230  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.

 


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             (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”] :

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

      (b) “Vacancy” means an unfilled position, including, without limitation, any positions that are filled by a substitute teacher or external contractor.

      Sec. 8.3. NRS 385A.600 is hereby amended to read as follows:

      385A.600  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, except as otherwise provided in subsection 3 of NRS 385A.720:

      (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;

 


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      (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 elementary schools, include the proportion of pupils demonstrating adequate proficiency in the subject area of reading in accordance with NRS 392.748 to 392.785, inclusive, and adequate progress toward achieving such proficiency; and

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

      3.  Except as otherwise provided in subsection 3 of NRS 385A.720, 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.

      Sec. 8.5. NRS 385A.750 is hereby amended to read as follows:

      385A.750  The Department shall prescribe a form for notice to parents and guardians concerning the rating of a public school designated by the Superintendent of Public Instruction as a low-performing school pursuant to section 6.6 of this act or the designation of a school district as a low-performing or underperforming [.] school district pursuant to section 6.5 of this act. Such notice must include information regarding any tiered interventions approved by the Public Education Oversight Board pursuant to section 6.5 or 6.6 of this act.

      Sec. 8.7. NRS 385A.810 is hereby amended to read as follows:

      385A.810  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, validation and maintenance of electronic records of individual pupils and the transfer of data from [the] such electronic records [of individual pupils] by the school district, the sponsor of each charter school and each university school for profoundly gifted 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;] established by the Department pursuant to NRS 385A.800;

      2.  Provide to the Department electronic data concerning pupils [as required] in accordance with the program prescribed by the Superintendent of Public Instruction pursuant to NRS 385A.820 [;] , including, without limitation, the data required to be reported pursuant to NRS 385A.840 and any other data requested by the Department to carry out its functions or required to be reported to the Department by state or federal law or regulations; and

 


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of Public Instruction pursuant to NRS 385A.820 [;] , including, without limitation, the data required to be reported pursuant to NRS 385A.840 and any other data requested by the Department to carry out its functions or required to be reported to the Department by state or federal law or regulations; and

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

      Sec. 8.8. NRS 385A.820 is hereby amended to read as follows:

      385A.820  1.  The Superintendent of Public Instruction shall:

      [1.](a) Prescribe a uniform program throughout this State for the collection, validation and maintenance of electronic records of individual pupils and the transfer of data [that] from such records, which each school district must adopt [,] and which must include standardized software;

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

      [3.](c) Prescribe the format for the data;

      [4.](d) Prescribe the date by which each school district shall report the data to the Department;

      [5.](e) Prescribe the date by which each charter school shall report the data to the sponsor of the charter school;

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

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

      [(a)] (1) Individual pupils;

      [(b)] (2) Individual teachers;

      [(c)] (3) Individual schools and school districts; and

      [(d)] (4) Programs and financial information;

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

      [9.](i) Provide for the analysis and reporting of the data in the automated system of information.

      2.  The Superintendent of Public Instruction may deduct money from the apportionment otherwise due to a school district, charter school or university school for profoundly gifted pupils pursuant to NRS 387.124 to compensate the Department for costs to collect, validate and maintain electronic records of individual pupils and financial accountability information as necessary to report on pupil achievement and financial accountability on behalf of the school district, charter school or university school for profoundly gifted pupils, including, without limitation, costs to purchase licenses for software to collect, validate and maintain such electronic records and financial accountability information.

      Sec. 9. Chapter 386 of NRS is hereby amended by adding thereto the provisions set forth as sections 9.1 to 9.7, inclusive, of this act.

      Sec. 9.1. 1.  A Public Education Oversight Board, consisting of five members, may be impaneled pursuant to this section.

 


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      2.  A Public Education Oversight Board impaneled pursuant to this section must consist of the following members:

      (a) The Governor, who serves as Chair;

      (b) A member appointed by the Speaker of the Assembly, who must not be a legislator and must have experience as an educator or administrator;

      (c) A member appointed by the Majority Leader of the Senate, who must not be a legislator and must have experience as an educator or administrator;

      (d) The Superintendent of Public Instruction; and

      (e) One member who holds a license to teach issued pursuant to chapter 391 of NRS, is employed at a public school in the school district for which the Board is impaneled and is not a legislator, appointed by the Legislative Commission.

      3.  The Board may meet or exercise authority granted pursuant to this section to review and act upon recommendations for tiered interventions at a school district, charter school or public school, as applicable, that are proposed by the Superintendent of Public Instruction pursuant to sections 6.2, 6.3, 6.4, 6.5 and 6.6 of this act.

      4.  The Public Education Oversight Board possesses any authority granted to the board of trustees of the school district or the governing body of the charter school pursuant to this title, including, without limitation, access to all school property, buildings and facilities within the school district that is necessary to exercise the authority granted pursuant to subsection 3.

      5.  The board of trustees of the school district or the governing body of the charter school must not conduct any meetings or take any actions that interfere with the scope of the authority granted to the Public Education Oversight Board pursuant to subsection 4.

      6.  A meeting held by the Public Education Oversight Board must be located in the county in which the school district or charter school for which the Board has been impaneled is located. A member of the Board may attend such a meeting by audiovisual means or other electronic means. Such a meeting must provide for participation by audiovisual means or other electronic means.

      7.  As used in this section, “Board” means a Public Education Oversight Board impaneled pursuant to this section.

      Sec. 9.3. 1.  The Superintendent of Public Instruction shall place on probation a school district or sponsor of a charter school that the Superintendent has designated as an underperforming school district or sponsor of a charter school if the designation is made pursuant to paragraph (b) of subsection 2 of section 6.5 of this act. A period of probation imposed pursuant to this section must not exceed 2 school years.

      2.  The Superintendent of Public Instruction shall notify the board of trustees of a school district or sponsor of a charter school that has been designated as an underperforming school district or sponsor of a charter school and that the Superintendent is placing the school district or sponsor of the charter school on probation pursuant to this section. Upon receipt of such a notice, the board of trustees of the school district or sponsor of the charter school shall:

      (a) Direct the superintendent of schools of the school district or the executive director of the sponsor of the charter school to prepare and submit to the Department a school district or sponsor of a charter school performance improvement plan, as applicable, that satisfies the requirements of subsection 2 of section 9.7 of this act; and

 


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performance improvement plan, as applicable, that satisfies the requirements of subsection 2 of section 9.7 of this act; and

      (b) Prepare and, not later than 90 days after the date of the notice received pursuant to this subsection, submit to the Department a school board or sponsor of a charter school improvement plan to address deficiencies in the governance of the school district or sponsor of the charter school, as applicable, and support the implementation of the school district or sponsor of the charter school performance improvement plan, as applicable, prepared pursuant to paragraph (a).

      3.  The Superintendent of Public Instruction shall:

      (a) Review and approve or deny approval of the school board or sponsor of a charter school improvement plan. If the Superintendent denies approval of the school board or sponsor of a charter school improvement plan, the Superintendent shall notify the board of trustees of the school district or the sponsor of the charter school of the reasons for denying approval of the plan. Not later than 30 days after receiving such notice, the board of trustees or sponsor of the charter school shall prepare and submit to the Superintendent revisions to the school board or sponsor of a charter school improvement plan, as applicable. The board of trustees of the school district or the sponsor of the charter school shall implement a school board or sponsor of a charter school improvement plan approved by the Superintendent.

      (b) Monitor the implementation of the school board or sponsor of a charter school improvement plan and the school district or sponsor of a charter school performance improvement plan during the period of probation imposed pursuant to this section.

      (c) Provide technical guidance and support to the board of trustees or sponsor of the charter school to support the implementation of the school board or sponsor of a charter school improvement plan and the school district or sponsor of a charter school performance improvement plan.

      (d) Notify the Public Education Oversight Board impaneled pursuant to section 9.1 of this act of the designation of the school district or sponsor of the charter school as underperforming and the probationary status of the school district or sponsor of the charter school and provide updates in regular intervals to the Public Education Oversight Board concerning the progress made in implementing plans as monitored pursuant to paragraph (b).

      (e) Post on the Internet website maintained by the Department, in the five most common languages other than English primarily spoken in the households within the school district or charter schools operating under the school board or sponsor of a charter school improvement plan:

             (1) The school board or sponsor of a charter school improvement plan approved by the Superintendent pursuant to this subsection;

             (2) Quarterly reports summarizing the progress of the board of trustees or sponsor of the charter school in implementing the school board or sponsor of a charter school improvement plan, as applicable, including, without limitation, milestones that have been achieved and areas requiring improvement; and

             (3) An annual performance review of the board of trustees or sponsor of the charter school that identifies improvements in the governance of the school district by the board of trustees or of the sponsor of the charter school, deficiencies in such governance and any recommendations for additional action by the board of trustees or sponsor of the charter school to improve governance of the school district or the sponsor of the charter school.

 


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recommendations for additional action by the board of trustees or sponsor of the charter school to improve governance of the school district or the sponsor of the charter school.

      4.  The board of trustees of a school district or sponsor of a charter school operating under a school board or sponsor of a charter school improvement plan shall:

      (a) Post on the Internet website of the school district or sponsor of the charter school, in the five most common languages other than English primarily spoken in the households within the school district or charter schools sponsored by the sponsor of charter schools:

             (1) The approved school board or sponsor of a charter school improvement plan, not later than 10 business days after the board of trustees or sponsor of the charter school has received notice from the Superintendent of Public Instruction of the approval of the plan; and

             (2) Quarterly reports summarizing the progress of the board of trustees or sponsor of the charter school in implementing the school board or sponsor of a charter school improvement plan, including, without limitation, actions taken to improve governance of the school district or sponsor of the charter school, milestones that have been achieved and actions remaining to be taken under the school board or sponsor of a charter school improvement plan; and

      (b) Conduct regular public meetings during the period of probation imposed pursuant to this section at which the board of trustees or sponsor of the charter school:

             (1) Provides updates on the implementation of the school board or sponsor of a charter school improvement plan;

             (2) Solicits input from parents and legal guardians of pupils, teachers, school employees and community stakeholders concerning efforts to improve the governance of the school district or sponsor of the charter school; and

             (3) Presents a summary of challenges experienced in addressing deficiencies in the governance of the school district or sponsor of the charter school and actions planned to address those deficiencies.

      Sec. 9.5. 1.  The Superintendent of Public Instruction may terminate a period of probation imposed on a school district or sponsor of a charter school pursuant to section 9.3 of this act if, not later than 2 school years after the commencement of the period of probation, the Superintendent finds that:

      (a) The school district or sponsor of the charter school has made adequate progress, as defined in the regulations adopted by the Superintendent pursuant to subsection 13, toward meeting the goals and benchmarks necessary for the school district or sponsor of the charter school to no longer be designated as an underperforming school district or sponsor of a charter school pursuant to section 6.5 of this act; and

      (b) The board of trustees of the school district or the sponsor of the charter school has made adequate progress, as defined in the regulations adopted by the Superintendent pursuant to subsection 13, in implementing the school board or sponsor of a charter school improvement plan such that the school district or sponsor of the charter school is not likely to experience a condition described in paragraph (b) of subsection 1 of section 6.5 of this act.

 


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      2.  If, after implementing a school board or sponsor of a charter school improvement plan for 2 school years, the Superintendent of Public Instruction finds that:

      (a) The school district or sponsor of the charter school has failed to make adequate progress, as defined in the regulations adopted by the Superintendent pursuant to subsection 13, toward meeting the goals and benchmarks necessary for the school district or sponsor of the charter school to no longer be designated as an underperforming school district or sponsor of a charter school pursuant to subsection 2 of section 6.5 of this act; or

      (b) The board of trustees of the school district or the sponsor of the charter school has failed to make adequate progress, as defined in the regulations adopted by the Superintendent pursuant to subsection 13, in implementing the school board or sponsor of a charter school improvement plan such that the school district or sponsor of the charter school is not likely to experience a condition described in paragraph (b) of subsection 1 of section 6.5 of this act,

Κ the Superintendent of Public Instruction shall notify the Public Education Oversight Board impaneled pursuant to section 9.1 of this act and propose specific targeted oversight measures pursuant to subsection 3 or state oversight of the governance and operations of the board of trustees of the school district or the charter school sponsored by the sponsor of the charter school pursuant to subsection 4. The Public Education Oversight Board must approve any oversight measures proposed pursuant to this subsection before implementation of such measures.

      3.  If, pursuant to subsection 2, the Public Education Oversight Board approves the implementation of targeted oversight measures, the Superintendent of Public Instruction may:

      (a) Have direct involvement in the processes of decision making by the board of trustees or sponsor of the charter school on matters of governance;

      (b) Establish specific governance and operational mandates for the board of trustees or sponsor of the charter school that are designed to improve school district or sponsor performance and accountability;

      (c) Evaluate and monitor, on an ongoing basis, the performance of the school district and sponsor of the charter school and its adherence to improvement requirements;

      (d) Appoint a state monitor to oversee the activities of the board of trustees or sponsor of the charter school to ensure compliance with state education laws and regulations; or

      (e) Engage in any combination of the actions described in paragraphs (a) to (d), inclusive.

      4.  If, pursuant to subsection 2, the Public Education Oversight Board approves the initiation of state oversight proposed by the Superintendent of Public Instruction pursuant to this section, the Governor, not later than 30 days after receiving notification that the Public Education Oversight Board has approved the initiation of state oversight, may appoint a state monitor. The state monitor must:

      (a) Be a person with expertise in governance, leadership and management, with a record of improving the outcomes of an underperforming organization;

 


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      (b) Undergo a review by the Department to ensure there are no conflicts of interest with the school district or board of trustees of the school district or the sponsor of the charter school; and

      (c) Be compensated by the board of trustees of the school district or sponsor of the charter school at a rate determined by the Superintendent of Public Instruction. Such compensation must be paid from the budget of the school district or sponsor of the charter school, with any necessary budget adjustments or augmentations made to accommodate the expenditure in the current fiscal year or any future fiscal year.

      5.  If a school district or sponsor of a charter school is designated as an underperforming school district or sponsor of a charter school for 5 consecutive school years and the board of trustees of the school district or sponsor of the charter school has failed to make adequate progress, as defined in the regulations adopted by the Superintendent of Public Instruction pursuant to subsection 13, in executing the school board or sponsor of a charter school improvement plan, the Superintendent may propose additional measures to the Public Education Oversight Board to ensure that the educational needs of pupils are met. Such additional measures must be approved by the Oversight Board before implementation and may include, without limitation:

      (a) The reassignment of some or all of the powers, roles and responsibilities of the board of trustees of a school district or the sponsor of a charter school pursuant to this chapter or chapter 388A, as applicable, to the Superintendent, or his or her designee, to address chronic underperformance. The specific powers, roles and responsibilities reassigned must be specified by the Governor in the executive order, upon consultation with the Superintendent to ensure the reassignment is in alignment with the school board or sponsor of a charter school improvement plan, and may include, without limitation:

             (1) Oversight of financial management and resource allocation;

             (2) Governance and any operational decision-making authority defined within current policies; and

             (3) Implementation of policies and programs to address identified deficiencies.

      (b) The appointment of additional members to the board of trustees of the school district, as needed, to stabilize the governance structure and ensure proper expertise is available to address chronic underperformance. Members appointed pursuant to this paragraph must:

             (1) Possess expertise in governance, education, financial management or organizational leadership;

             (2) Serve for a term specified by the Superintendent, not exceeding 3 years, with an option for reappointment based on demonstrated progress; and

             (3) Be voting members of the board of trustees.

      (c) The establishment of a state management team to assume governance authority over the operations of the board of trustees of the school district or the sponsor of the charter school.

      6.  Any action taken pursuant to subsection 5 remains in effect until the Department determines that the board of trustees or the sponsor of the charter school has made adequate progress, as defined in the regulations adopted by the Superintendent of Public Instruction pursuant to subsection 13, that is sufficient to warrant the termination of state oversight as specified in subsection 10.

 


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specified in subsection 10. Upon the expiration of any action taken pursuant to subsection 5, any reassigned powers, roles or responsibilities revert to the elected board of trustees or the sponsor of the charter school, any additional members of the board of trustees appointed pursuant to subsection 5 no longer serve as members of the board of trustees and the state management team is dissolved.

      7.  During the period additional measures initiated pursuant to paragraph (c) of subsection 5 are in effect, the state management team, under the direction of the Superintendent of Public Instruction, shall assume the governance responsibilities of the board of trustees of the school district or sponsor of the charter school, including oversight of:

      (a) Financial management and resource allocation;

      (b) Governance and any operational decision-making;

      (c) Implementation of policies and programs; and

      (d) Community engagement.

      8.  The Department shall conduct annual evaluations of the progress of a school district or sponsor of a charter school placed under a state management team pursuant to subsection 5. If the school district or sponsor of the charter school demonstrates substantial improvement, the Superintendent of Public Instruction may initiate a phased return to local governance.

      9.  If the school district or sponsor of the charter school fails to make adequate progress, as defined in the regulations adopted by the Superintendent of Public Instruction pursuant to subsection 13, the Superintendent may propose an extension of state intervention for up to 3 additional years. This extension must be approved by the Public Education Oversight Board.

      10.  State oversight initiated pursuant to this section must be terminated when the Superintendent of Public Instruction determines that the board of trustees of the school district or sponsor of the charter school have achieved measurable and sustained progress.

      11.  For a period of 3 years following the return to local governance, the Department shall monitor the board of trustees of the school district or the sponsor of the charter school concerning compliance with its school board or sponsor of a charter school improvement plan.

      12.  The Department shall post on the Internet website maintained by the Department all reports and evaluations related to oversight measures implemented pursuant to this section in a manner that ensures transparency and accountability.

      13.  The Superintendent of Public Instruction shall adopt regulations for determining adequate progress based on criteria which may include, without limitation:

      (a) Implementation of governance strategies and actions outlined in the approved school board or sponsor of a charter school improvement plan;

      (b) Measurable progress toward benchmarks established in the school district or sponsor of a charter school performance improvement plan submitted pursuant to section 9.3 of this act;

      (c) Sustained improvements verified by the Department; and

      (d) Compliance with state laws and regulations relating to education.

      Sec. 9.7. 1.  The Superintendent of Public Instruction shall place on probation a school district or sponsor of a charter school that the Superintendent has designated as an underperforming school district or sponsor of a charter school pursuant to paragraph (a) of subsection 2 of section 6.5 of this act and notify the board of trustees of the school district or sponsor of the charter school of such placement.

 


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Superintendent has designated as an underperforming school district or sponsor of a charter school pursuant to paragraph (a) of subsection 2 of section 6.5 of this act and notify the board of trustees of the school district or sponsor of the charter school of such placement. A period of probation imposed pursuant to this section must not exceed 2 school years.

      2.  Not later than 90 days after being designated as an underperforming school district or sponsor of a charter school, the school district or sponsor shall prepare and submit a school district or sponsor of a charter school performance improvement plan. The plan must:

      (a) Identify specific areas of academic, operational and systemic deficiency that contributed to the designation of underperformance, including, without limitation:

             (1) Pupil achievement outcomes in core academic subjects, including, without limitation, reading, mathematics and science;

             (2) Disparities in access to educational resources, programs and opportunities; and

             (3) Inefficiencies in school district or sponsor of a charter school operations, leadership and financial management;

      (b) Establish measurable benchmarks for improvement that are applicable to all grade levels, including, without limitation:

             (1) Increased pupil proficiency rates in core academic subjects, with defined goals for each grade level;

             (2) Enhanced attendance and pupil promotion rates at elementary, middle and high school levels;

             (3) Improved high school graduation rates and college and career readiness indicators, where applicable; and

             (4) Strengthened operational efficiency and equitable resource allocation across all schools within the school district or charter schools sponsored by the sponsor of charter schools;

      (c) Outline targeted strategies to achieve the benchmarks established pursuant to paragraph (b), addressing both academic and operational challenges, including, without limitation:

             (1) Strategies to narrow achievement gaps for identified underserved groups, including, without limitation, pupils with special needs, low-income pupils, English language learners and pupils from diverse racial or ethnic backgrounds;

             (2) Comprehensive plans to improve curriculum delivery, including, without limitation, review and selection of new curricula, teacher effectiveness, instructional quality and professional development for teachers;

             (3) Initiatives to enhance the leadership, governance practices, financial oversight and resource allocation of the school district or sponsor of the charter school to ensure alignment with the performance goals of the school district or sponsor of the charter school;

             (4) Implementation of evidence-based interventions tailored to the specific needs of underperforming schools and pupil populations; and

             (5) Programs to increase family and community engagement in support of pupil learning and school district or sponsor of charter school improvement efforts;

      (d) Include clear timelines, resource requirements and interim milestones to monitor progress throughout the probationary period, with regular benchmarks to measure improvement; and

 


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      (e) Establish a system for ongoing evaluation and adjustments to ensure continuous progress, with mechanisms for reporting progress to the Department and communicating updates to stakeholders, including, without limitation, families and teachers.

      3.  The Superintendent of Public Instruction shall review and approve or deny approval of a school district or sponsor of a charter school performance improvement plan submitted pursuant to subsection 2 within 30 days after receipt. If revisions are required, the school district or sponsor shall have 30 days to submit a revised plan for approval. Once approved, the school district or sponsor shall immediately commence implementation of the plan.

      4.  Each school district or sponsor of the charter school shall publish its approved school district or sponsor of a charter school performance improvement plan on its official Internet website within 10 business days after receiving approval from the Superintendent of Public Instruction. The school district or sponsor of the charter school shall publish quarterly progress updates on its implementation of the plan, including, without limitation, milestones achieved and areas requiring additional focus. All published materials must be posted on the Internet website maintained by the school district or sponsor and translated into the five most common languages spoken by families within the school district or charter schools sponsored by the sponsor.

      5.  The board of trustees of the school district or sponsor of the charter school shall hold regular public meetings during the probationary period to:

      (a) Provide updates on the progress of the school district or sponsor under the school district or sponsor of a charter school performance improvement plan;

      (b) Solicit input from parents, teachers and community stakeholders; and

      (c) Present a summary of challenges faced and actions planned to address deficiencies.

      6.  During the probationary period, the Department shall monitor the progress of the school district or sponsor of the charter school through:

      (a) Quarterly progress reports submitted by the school district or sponsor;

      (b) On-site assessments of the operations, instructional quality and financial management of the school district or sponsor; and

      (c) Providing technical assistance to address challenges and support implementation.

      7.  The Superintendent of Public Instruction may appoint a state monitor to oversee the adherence of the school district or sponsor of the charter school to the school district or sponsor of a charter school performance improvement plan.

      8.  A state monitor appointed pursuant to subsection 7 shall:

      (a) Review quarterly progress reports;

      (b) Conduct audits and site visits to evaluate progress in the implementation of the school district or sponsor of a charter school performance improvement plan;

      (c) Provide feedback and recommendations for adjustments to the school district or sponsor of a charter school performance improvement plan; and

 


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      (d) Ensure alignment with state educational goals and expectations.

      9.  At the conclusion of each school year during the probationary period, the Department shall evaluate the progress of the school district or the sponsor of the charter school based on the benchmarks established in the approved school district or sponsor of a charter school performance improvement plan.

      10.  If, after 2 school years, the school district or sponsor of the charter school fails to demonstrate adequate progress, as defined in the regulations adopted pursuant to subsection 15, the Superintendent of Public Instruction may:

      (a) Replace school district or charter school leadership, including, without limitation, the superintendent of schools of the school district;

      (b) Reallocate resources to prioritize support for schools designated as low-performing schools pursuant to section 6.6 of this act; and

      (c) Assume state control over specific school district or sponsor of a charter school functions until the school district or sponsor demonstrates adequate progress, as defined in the regulations adopted pursuant to subsection 15.

      11.  If state control is assumed pursuant to subsection 10, the Department shall develop, in collaboration with the school district or sponsor of the charter school, a school district or sponsor of a charter school recovery plan. The school district or sponsor of a charter school recovery plan must contain:

      (a) Strategies to address deficiencies and improve academic outcomes, financial management and operational efficiency;

      (b) Measurable benchmarks and timelines for recovery; and

      (c) Clear accountability measures for monitoring progress.

      12.  If the school district or sponsor of the charter school:

      (a) Demonstrates sustained progress and meets the benchmarks established in the school district or sponsor of a charter school recovery plan developed pursuant to subsection 11:

             (1) The school district or sponsor must be removed from probationary status;

             (2) Full governance responsibilities must be restored to the leadership of the school district or sponsor; and

             (3) The school district or sponsor shall submit annual progress reports to the Department.

      (b) Fails to demonstrate sustained progress or meet the benchmarks established in the school district or sponsor of a charter school recovery plan within the specified timeframe, the Department shall conduct a comprehensive review and report any findings to the Public Education Oversight Board. Based on the findings of the review, the Superintendent of Public Instruction may, subject to the approval of the Oversight Board, take additional actions, including, without limitation:

             (1) Extending state oversight for up to 3 additional years;

             (2) Replacing key administrative personnel responsible for the areas of persistent deficiency;

             (3) Implementing targeted operational interventions;

             (4) Appointing additional state personnel or external consultants; and

             (5) Evaluating the feasibility of school district or sponsor restructuring.

 


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      13.  If the Superintendent of Public Instruction takes any action pursuant to paragraph (b) of subsection 12, the Department shall regularly engage with community stakeholders and prepare and submit a report of intervention efforts to the:

      (a) Governor;

      (b) Public Education Oversight Board; and

      (c) Director of the Legislative Counsel Bureau for transmittal to:

             (1) The Joint Interim Standing Committee on Education, if the report is received during the interim period between legislative sessions.

             (2) The Senate and Assembly Standing Committees on Education, if the report is received during a legislative session.

      14.  The Department shall post on the Internet website maintained by the Department all reports and evaluations related to the intervention measures taken pursuant to this section and include such measures in an annual report to the:

      (a) Governor;

      (b) Public Education Oversight Board; and

      (c) Director of the Legislative Counsel Bureau for transmittal to:

             (1) The Joint Interim Standing Committee on Education, if the report is received during the interim period between legislative sessions.

             (2) The Senate and Assembly Standing Committees on Education, if the report is received during a legislative session.

      15.  The Superintendent of Public Instruction shall adopt regulations for determining adequate progress based on criteria which may include, without limitation:

      (a) Measurable improvements in academic achievement metrics, including, without limitation:

             (1) Increased proficiency rates in core academic subjects;

             (2) Improved high school graduation rates, where applicable;

             (3) College and career readiness indicators, where applicable; and

             (4) Enhanced attendance, promotion and retention rates across all grade levels; and

      (b) Enhanced operational efficiency and equitable resource allocation, demonstrated by:

             (1) The effective and efficient allocation of resources;

             (2) Strengthened financial management practices; and

             (3) Evidence of improved instructional quality and program delivery throughout the school district.

      Sec. 10. NRS 386.165 is hereby amended to read as follows:

      386.165  1.  In each county school district in which more than 75,000 pupils are enrolled, the board of trustees shall establish seven election districts for school trustees. The districts must be:

      (a) As nearly equal in population as practicable; and

      (b) Composed of contiguous territory.

      2.  The board of trustees in each county school district in which more than 75,000 pupils are enrolled is composed of 11 members, of whom:

      (a) Seven voting members must be elected in election districts established pursuant to subsection 1 by the board of trustees.

      (b) One [nonvoting] voting member must be appointed by the board of county commissioners of the county in which the school district is located. The member appointed pursuant to this paragraph must reside in the county in which the school district is located.

 


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      (c) Three [nonvoting] voting members must be appointed by the governing bodies of the three most populous incorporated cities in the county in which the school district is located, with each governing body appointing one member. Each member appointed pursuant to this paragraph must reside in the city in which the governing body is required to make the appointment.

      3.  In each county school district in which more than 25,000 pupils but not more than 75,000 pupils are enrolled, the board of trustees shall establish seven election districts for school trustees, as follows:

      (a) Five districts which are as nearly equal in population as practicable, each of which includes approximately one-fifth of the population of the county; and

      (b) Two districts which are as nearly equal in population as practicable, each of which includes approximately one-half of the population of the county.

Κ The districts must be composed of contiguous territory.

      4.  Each elected trustee of a school district to which this section applies must reside in the election district which the trustee represents and be elected by the voters of that election district.

      5.  In each school district in which more than 25,000 pupils but not more than 75,000 pupils are enrolled, the board of trustees is composed of seven members who must be elected in an election district established pursuant to subsection 3 by the board of trustees.

      6.  The appointing authority shall make an appointment pursuant to subsection 2 at least 30 days but not more than 90 days before the expiration of the term of office of the incumbent member.

      7.  The term of office of a school trustee is 4 years, commencing on the first Monday of January thereafter next following the election of the trustee.

      8.  Each trustee shall hold office until his or her successor is appointed or elected and qualified.

      9.  The [nonvoting] voting members of the board of trustees appointed pursuant to paragraphs (b) and (c) of subsection 2 [:

      (a) Except as otherwise provided in paragraph (b), shall] have the same rights and responsibilities as voting members of the board of trustees [,] elected pursuant to paragraph (a) of subsection 2, including, without limitation, being involved in any briefings, interviews, evaluations, closed-door sessions and policy and operational discussions [;] and

      [(b) Do not have voting rights for the election of officers or the authority to serve] serving as an officer of the board of trustees.

      10.  The board of trustees of a school district may not adopt any requirements, statutes, regulations, rules, policies or bylaws or take any other action to restrict or curtail the duties, rights or responsibilities of a member of the board of trustees of the school district based on whether the member was elected or appointed to his or her position.

      Sec. 11. NRS 386.310 is hereby amended to read as follows:

      386.310  1.  The board of trustees shall meet and organize by:

      (a) Electing one of its [elected] members as president.

      (b) Electing one of its [elected] members as clerk, or by selecting some other qualified person as clerk.

      (c) Electing additional officers from its [elected] members as may be deemed necessary.

      (d) Fixing the term of office for each of its officers.

 


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      2.  A record of the organization of the board of trustees must be entered in the minutes, together with the amount of salary to be paid to the clerk.

      3.  Immediately after the organization of the board of trustees, the clerk shall file the names of the president, the clerk and the members of the board of trustees with the Department and the county auditor of the county whose boundaries are conterminous with the boundaries of the county school district.

      Sec. 11.5. (Deleted by amendment.)

      Sec. 11.7. NRS 387.1213 is hereby amended to read as follows:

      387.1213  1.  The Education Stabilization Account is hereby created in the State Education Fund. Except as otherwise provided in this section, each year after the close of the previous fiscal year and before the issuance of the State Controller’s annual report, each county school district shall transfer from the county school district fund to the Education Stabilization Account any amount by which the actual ending fund balance of the county school district fund exceeds 16.6 percent of the total actual expenditures for the fund. The interest and income earned on the money in the Account, after deducting any applicable charges, must be credited to the Account.

      2.  Money transferred pursuant to subsection 1 to the Education Stabilization Account is a continuing appropriation solely for the purpose of authorizing the expenditure of the transferred money for the purposes set forth in this section.

      3.  The balance in the Education Stabilization Account must not exceed 20 percent of the total of all appropriations and authorizations from the State Education Fund, excluding the Education Stabilization Account, for the immediately preceding fiscal year. Any money transferred to the Education Stabilization Account which exceeds this amount must instead be transferred to the State Education Fund.

      4.  If the Interim Finance Committee finds that:

      (a) Upon submission of a request from the Department, the actual enrollment growth for a fiscal year exceeds the projected enrollment growth by an amount that the Interim Finance Committee determines would make a transfer of money to the State Education Fund necessary to fund the excess enrollment;

      (b) The collection of revenue in any fiscal year will result in the State Education Fund receiving less money than authorized for expenditure from the State Education Fund;

      (c) Upon submission of a request from the Department, any amount of money which was deposited in the State Education Fund is found by an audit to have been deposited in error; [or]

      (d) Upon submission of a request from the Department, any error in the application of the Pupil-Centered Funding Plan by the Department has created a shortfall in the State Education Fund [,] ; or

      (e) Upon submission of a request from the Department, the Department is required to undertake extraordinary measures to oversee or allocate resources to a school district or sponsor of a charter school that is designated as a low-performing school district or sponsor of a charter school or underperforming school district or sponsor of a charter school pursuant to section 6.5 of this act or a public school that is designated as a low-performing school pursuant to section 6.6 of this act or as persistently underperforming pursuant to subsection 6 of section 14.25 of this act,

 


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Κ the Committee shall by resolution establish an amount of money to transfer from the Education Stabilization Account to the State Education Fund and direct the State Controller to transfer that amount to the State Education Fund. The State Controller shall thereupon make the transfer.

      5.  When determining the actual ending fund balance for the purposes of subsection 1, each county school district shall exclude:

      (a) Any money deposited in the county school district fund on or before June 30, 2020;

      (b) Any money apportioned to the county school district for capital projects or debt service pursuant to subsection 2 of NRS 362.170 and deposited in the county school district fund when authorized by law; and

      (c) Any money transferred to the county school district and authorized for expenditure as a continuing appropriation pursuant to paragraph (b) of subsection 6 of NRS 387.1214.

      6.  If the Superintendent of Public Instruction determines that the money due from the State Education Fund to a county school district, charter school or university school for profoundly gifted pupils pursuant to NRS 387.185 exceeds the amount of money available in the State Education Fund because of a delay in expected receipts, he or she may request from the Director of the Office of Finance a temporary advance from the Education Stabilization Account for the payment of such money due. Upon receipt of such a request, the Director of the Office of Finance shall make a recommendation to the Interim Finance Committee to approve the temporary advance in whole or in part or to deny the request. If the Interim Finance Committee approves the request in whole or in part, the Director of the Office of Finance shall notify the State Controller and the Fiscal Analysis Division of the Legislative Counsel Bureau of the amount approved by the Interim Finance Committee, and the State Controller shall draw his or her warrant upon receipt of such a notice of approval. Any money which is temporarily advanced from the Education Stabilization Account pursuant to this subsection must be repaid by August 31 following the end of the fiscal year in which the temporary advance is made.

      7.  The balance remaining in the State Education Fund, excluding the balance remaining in the Education Stabilization Account, that has not been committed for expenditure on or before June 30 of an odd-numbered fiscal year must be transferred to the Education Stabilization Account to the extent that such a transfer would not cause the balance in the Education Stabilization Account to exceed the limit established in subsection 3.

      Sec. 12. NRS 387.12463 is hereby amended to read as follows:

      387.12463  1.  The Commission shall:

      (a) Provide guidance to school districts and the Department on the implementation of the Pupil-Centered Funding Plan.

      (b) Monitor the implementation of the Pupil-Centered Funding Plan and make any recommendations to the Joint Interim Standing Committee on Education that the Commission determines would, within the limits of appropriated funding, improve the implementation of the Pupil-Centered Funding Plan or correct any deficiencies of the Department or any school district or public school in carrying out the Pupil-Centered Funding Plan.

      (c) Review the statewide base per pupil funding amount, the adjusted base per pupil funding for each school district and the multiplier for weighted funding for each category of pupils appropriated by law pursuant to NRS 387.1214 for each biennium and recommend any revisions the Commission determines to be appropriate to create an optimal level of funding for the public schools in this State, including, without limitation, by recommending the creation or elimination of one or more categories of pupils to receive additional weighted funding.

 


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NRS 387.1214 for each biennium and recommend any revisions the Commission determines to be appropriate to create an optimal level of funding for the public schools in this State, including, without limitation, by recommending the creation or elimination of one or more categories of pupils to receive additional weighted funding. If the Commission makes a recommendation pursuant to this paragraph which would require more money to implement than was appropriated from the State Education Fund in the immediately preceding biennium, the Commission shall also identify a method to fully fund the recommendation within 10 years after the date of the recommendation.

      (d) Review the laws and regulations of this State relating to education, make recommendations to the Joint Interim Standing Committee on Education for any revision of such laws and regulations that the Commission determines would improve the efficiency or effectiveness of public education in this State and notify each school district of each such recommendation.

      (e) Review and recommend to the Department revisions of the cost adjustment factors for each county established pursuant to NRS 387.1215 and the method for calculating the attendance area adjustment established pursuant to NRS 387.1218.

      (f) [Review the academic progress made by pupils in each public school since the implementation of the Pupil-Centered Funding Plan, including, without limitation, any changes to the academic progress of such pupils as the result of any additional money provided to each such school by the Pupil-Centered Funding Plan. In performing such a review, the Commission shall:

             (1) Use metrics to measure the academic achievement of pupils which include, without limitation:

                   (I) The rate of graduation of pupils from high school by type of diploma;

                   (II) The performance of pupils on standardized examinations in math, reading and science;

                   (III) The number of credentials or other certifications in fields of career and technical education earned by pupils;

                   (IV) The number of pupils who earn a passing score on an advanced placement examination;

                   (V) The number of pupils who earn a passing score on an international baccalaureate examination;

                   (VI) The percentage of pupils in each school who lack a sufficient number of credits to graduate by the end of their 12th grade year;

                   (VII) The percentage of pupils in each school who drop out;

                   (VIII) The number of pupils who enroll in higher education upon graduation;

                   (IX) The number of pupils who enroll in a vocational or technical school or apprenticeship training program;

                   (X) The attendance rate for pupils;

                   (XI) The number of violent acts by pupils and disciplinary actions against pupils; and

                   (XII) Any other metric prescribed by the Commission;

             (2) Use metrics to measure the improvement of pupils enrolled in elementary school in literacy which include, without limitation:

                   (I) The literacy rate for pupils in the first, third and fifth grades;

 


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                   (II) The number of pupils in elementary school who were promoted to the next grade after testing below proficient in reading in the immediately preceding school year, separated by grade level and by level of performance on the relevant test;

                   (III) The number of schools that employ a licensed teacher designated to serve as a literacy specialist pursuant to NRS 388.159 and the number of schools that fail to employ and designate such a licensed teacher; and

                   (IV) Any other metric prescribed by the Commission;

             (3) Use metrics to measure the ability of public schools to hire and retain sufficient staff to meet the needs of the public schools which include, without limitation:

                   (I) The rate of vacancies in positions for teachers, support staff and administrators;

                   (II) The attendance rate for teachers;

                   (III) The retention rate for teachers;

                   (IV) The number of schools and classrooms within each school in which the number of pupils in attendance exceeds the designed capacity for the school or classroom;

                   (V) The number of classes taught by a substitute teacher for more than 25 percent of the school year; and

                   (VI) Any other metric prescribed by the Commission;

             (4) Use metrics to measure the extent to which schools meet the needs and expectations of pupils, parents or legal guardians of pupils, teachers and administrators which include, without limitation:

                   (I) The results of an annual survey of satisfaction of school employees;

                   (II) The results of an annual survey of satisfaction of pupils, parents or legal guardians of pupils and graduates; and

                   (III) Any other metric prescribed by the Commission;

             (5) Identify the progress made by each school, school district and charter school on improving the literacy of pupils enrolled in elementary school;

             (6) Make recommendations for strategies to increase the efficacy, efficiency, transparency and accountability of public schools; and

             (7) Make recommendations to the Department, school districts and charter schools to improve the reporting, tracking, monitoring, analyzing and dissemination of data relating to pupil achievement and financial accountability, including, without limitation, revisions to the metrics identified in subparagraphs (1) to (4), inclusive.] Work with the Department, any relevant boards and committees, school districts and charter schools to develop and recommend an analysis of the return on investment of using the funding provided by the Pupil-Centered Funding Plan and allocated by local educational agencies to obtain certain pupil outcomes.

      (g) Review and consider the implications on funding of strategies to improve the accessibility and ensure the equitability of existing and new programs for pupils within and between public schools, including, without limitation, open zoning.

      (h) In each even-numbered year, review and propose any recommended revisions to the method of calculating the percentage of pupils determined to be most in need of additional services and assistance to graduate pursuant to subsection 1 of NRS 387.1211. In conducting such a review, the Commission shall select a third party to verify that any calculation or algorithm used to make such determination accurately identifies the percentage of at-risk pupils enrolled in public schools in this State and determine whether any more accurate or effective method of calculating the percentage of such pupils exists.

 


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a review, the Commission shall select a third party to verify that any calculation or algorithm used to make such determination accurately identifies the percentage of at-risk pupils enrolled in public schools in this State and determine whether any more accurate or effective method of calculating the percentage of such pupils exists. A third party selected by the Commission pursuant to this paragraph shall, on or before September 1 of each even-numbered year, submit a report of its findings concerning methods of calculating the percentage of at-risk pupils enrolled in public schools in this State, and any recommendations for alternative methods, to the Department, the State Board and the Commission.

      (i) Review the process and evaluate alternatives for adjusting funding allocations on weighted counts of categories of pupils identified in paragraph (e) of subsection 2 of NRS 387.1214 to determine the most effective method for ensuring funding that is stable and equitable. The review must include, without limitation:

             (1) An evaluation of quarterly, annual and multi-year methods for averaging counts of pupil enrollment;

             (2) An analysis of the impact of such averaging methods on funding stability, program implementation and equity across school districts, charter schools and university schools for profoundly gifted pupils;

             (3) Consolidation of stakeholder feedback regarding funding predictability and administrative efficiency; and

             (4) Exploration of alternative approaches, including, without limitation, the use of a 3-year average or high count for 3 years, to balance accuracy and stability in funding streams.

      (j) Review and recommend whether other pupils, in addition to those identified in the percentage of at-risk pupils determined to be the most in need of additional services and assistance to graduate pursuant to subsection 1 of NRS 387.1211, should also be identified as at-risk pupils for such purposes.

      (k) At least once each year, meet with the Commission on Innovation and Excellence in Education created by NRS 385.910 to discuss and review progress on any studies, research and recommendations developed by each group that concern shared domains of focus.

      2.  Each school district and each charter school shall submit [a quarterly] an annual report to the Commission that identifies how funding from the Pupil-Centered Funding Plan is being [used] allocated to improve the academic performance and progress of pupils . [and includes, without limitation, all data or metrics collected by the school district or charter school to demonstrate such improvement.] The Commission shall review the reports submitted pursuant to this subsection and transmit the reports, along with any commentary or recommendations relating to the reports, to the Governor, the Director of the Legislative Counsel Bureau, the Joint Interim Standing Committee on Education and the Interim Finance Committee.

      3.  After receiving the reports submitted to the Commission pursuant to subsection 2, the Governor may, with the approval of the Legislature or Interim Finance Committee if the Legislature is not in session, direct a school district or charter school to take such remedial actions as the Governor determines to be necessary and appropriate to address any deficiency identified in the reports submitted pursuant to subsection 2.

 


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      4.  The Commission shall:

      (a) Present any recommendations pursuant to paragraphs (a) to [(g),] (j), inclusive, of subsection 1 at a meeting of the Joint Interim Standing Committee on Education for consideration and recommendations by the Committee; and

      (b) After consideration of the recommendations of the Joint Interim Standing Committee on Education, transmit the recommendations or a revised version of the recommendations to the Governor and the Director of the Legislative Counsel Bureau for distribution to the Legislature.

      Sec. 13. NRS 387.1275 is hereby amended to read as follows:

      387.1275  1.  The Department shall, to the extent money is available, award grants of money to school districts, sponsors of charter schools [and] , institutions within the Nevada System of Higher Education and nonprofit organizations to support early childhood literacy and readiness programs. Each program supported by a grant awarded pursuant to this section must:

      (a) Serve children who are less than 6 years of age;

      (b) Be evidence-based;

      (c) Provide for appropriate individualized accommodations and supports for children with disabilities; and

      (d) Include a plan of reporting and accountability for the performance of the program.

      2.  A school district, sponsor of a charter school [or] , institution within the Nevada System of Higher Education or nonprofit organization that wishes to receive a grant pursuant to this section must submit an application to the Department. The Department may approve such an application if the Department determines that the application:

      (a) Includes an implementation plan which is financially sound; and

      (b) Proposes to use all money available from the grant within 2 years or such shorter period of time as the Department determines appropriate.

      3.  The Department shall prioritize the award of grants pursuant to this section to a school district, sponsor of a charter school [or] , institution within the Nevada System of Higher Education or nonprofit organization to support an early childhood literacy and readiness program that:

      (a) Receives money from a private source;

      (b) Receives money from a federal grant;

      (c) Has demonstrated sustained success in improving the literacy and readiness for elementary school of children less than 6 years of age; [or]

      (d) Provides services to geographical areas with a higher proportion of children entering kindergarten who have demonstrated a deficit across early learning domains during the immediately preceding 2 years [.] ; or

      (e) Serves children who are the most in need of services, including, without limitation, children:

             (1) From families whose household income is not more than 250 percent of the federally designated level signifying poverty;

             (2) With an individualized educational plan;

             (3) With a documented need for behavioral, social or emotional supports;

             (4) Who are members of vulnerable and historically underserved populations; or

             (5) Who are members of a household in which a language other than English is primarily spoken.

 


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      4.  The Department may set aside a portion of funding received to support the purposes of this section for the purpose of administering systems, assessments, projects and programs to serve children pursuant to this section. Such a portion of funding must be not more than 5 percent of the total amount of funding received.

      Sec. 13.5. NRS 387.652 is hereby amended to read as follows:

      387.652  1.  The Department shall, to the extent money is available, award grants of money to school districts, sponsors of charter schools [and] , institutions within the Nevada System of Higher Education and nonprofit organizations to support prekindergarten programs. Each prekindergarten program supported by a grant awarded pursuant to this section must:

      (a) Employ at least one teacher per classroom who has a bachelor’s degree or higher in early childhood education and compensate those teachers with pay and benefits similar to those provided to licensed teachers by the school district in which the prekindergarten program is located;

      (b) [Serve] To the extent practicable to ensure that the prekindergarten program serves as many children as possible, serve children who are 4 years of age [at the beginning] on or before August 1 of the school year and [whose] :

             (1) Whose household has a household income which is not more than [200] 250 percent of the federally designated level signifying poverty;

             (2) Who have an individualized educational program;

             (3) Whose primary language is not English; or

             (4) Who are members of vulnerable and historically underserved populations;

      (c) Provide instruction in prekindergarten for at least 25 hours each week for the entire school year;

      (d) Utilize a comprehensive curriculum for prekindergarten that is aligned to any standards of content and performance established for prekindergarten pursuant to NRS 389.520;

      (e) Maintain the size of each class at not more than 20 pupils and a ratio of not more than 10 pupils for each adult with supervision in the classroom;

      (f) Participate in any evaluation of the program or the pupils who participate in the program that is prescribed by the regulations adopted pursuant to NRS 387.656;

      (g) Effectively engage the parents or guardians of pupils and participate in any evaluation of such engagement that is required by the regulations adopted pursuant to NRS 387.656;

      (h) Serve pupils with disabilities at a rate that is not less than the percentage of pupils in this State or in the United States, whichever is greater, who are 4 years of age at the beginning of the school year who receive services funded pursuant to 20 U.S.C. § 1419;

      (i) Ensure that the percentage of pupils with disabilities in each class is less than 49 percent of the total number of pupils;

      (j) Provide appropriate individualized accommodations and supports for pupils with disabilities;

      (k) Provide the comprehensive services prescribed pursuant to NRS 387.656; and

      (l) Meet the minimum standards of performance prescribed pursuant to NRS 387.656.

      2.  The board of trustees of a school district, the sponsor of a charter school [or] , an institution within the Nevada System of Higher Education or a nonprofit organization that wishes to receive a grant of money pursuant to this section must submit an application to the Department.

 


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or a nonprofit organization that wishes to receive a grant of money pursuant to this section must submit an application to the Department. The application must include, without limitation:

      (a) A detailed description of the manner in which the board of trustees, sponsor of a charter school [or] , institution or nonprofit organization proposes to:

             (1) Ensure that the prekindergarten program supported by the grant meets the requirements of subsection 1; and

             (2) Use the grant of money; and

      (b) Any other information required by the Department.

      Sec. 14. Chapter 388 of NRS is hereby amended by adding thereto the provisions set forth as sections 14.1 to 14.65, inclusive, of this act.

      Secs. 14.1 and 14.2.  (Deleted by amendment.)

      Sec. 14.25. 1.  The Superintendent of Public Instruction shall place on probation each public school that has been designated as a low-performing school pursuant to subsection 1 of section 6.6 of this act. A period of probation imposed pursuant to this section:

      (a) Begins on the first day of the first school year following the date of the designation of the public school as a low-performing school; and

      (b) Must end on the date on which the Department posts a final rating of the public school made pursuant to NRS 385A.720 that the Superintendent of Public Instruction determines to indicate that the public school no longer qualifies for designation as a low-performing school pursuant to subsection 1 of section 6.6 of this act.

      2.  Not later than 60 days after the beginning of a period of probation imposed pursuant to subsection 1, the principal of the public school shall prepare and submit to the Department a school improvement plan that is based on the plan to improve the academic achievement of pupils prepared pursuant to section 1.3 of this act. The school improvement plan must include, without limitation:

      (a) Specific achievement targets and performance targets to address the reason that the public school was designated as a low-performing school;

      (b) A clear timeline for implementing any changes to address the reason that the public school was designated as a low-performing school; and

      (c) A strategic plan for improving pupil outcomes.

      3.  The Superintendent of Public Instruction shall, not later than 30 days after receiving a school improvement plan submitted to the Department pursuant to subsection 2, review and approve or deny approval of the school improvement plan. If the Superintendent of Public Instruction denies approval of the school improvement plan, the Superintendent shall notify the principal of the public school of the reasons for denying approval of the plan. Not later than 30 days after receiving such notice, the principal shall prepare and submit to the Department revisions to the school improvement plan. The public school shall implement a school improvement plan approved by the Superintendent of Public Instruction and post the approved school improvement plan on the Internet website maintained by the public school.

      4.  The Superintendent of Public Instruction may appoint an independent school improvement official to oversee the progress of a public school during a period of probation imposed pursuant to this section.

 


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public school during a period of probation imposed pursuant to this section. An independent school improvement official:

      (a) Must not have any conflict of interest that may affect his or her ability to monitor objectively the school improvement plan of the public school;

      (b) Must possess a background in evaluating school improvement practices, assessing effective school strategies and supporting the development of school improvement plans; and

      (c) Must be compensated by the public school that was placed in a period of probation or the school district or sponsor of the charter school in which that public school is located or by which that public school is sponsored, as applicable, at a rate established by the Superintendent before the appointment of the independent school improvement official.

      5.  An independent school improvement official appointed for a public school pursuant to subsection 4 shall:

      (a) Monitor the implementation by the public school of the school improvement plan and the adherence of the public school to the plan;

      (b) Conduct quarterly assessments to evaluate the performance of pupils and the progress of the public school in achieving the performance targets established for the public school;

      (c) Provide guidance and resources, including, without limitation, professional development and support for teachers and leadership training; and

      (d) Submit annual progress reports to the Superintendent of Public Instruction that provide detailed information on the improvements in the public school and any challenges encountered.

      6.  Upon the conclusion of a period of probation for a public school imposed pursuant to this section or 2 years after a public school is placed on probation pursuant to this section, whichever is earlier, the Department shall evaluate the progress of the public school in meeting the achievement targets and performance targets that address the reason that the public school was designated as a low-performing school, as specified in the school improvement plan for the public school. If the Department determines that the public school has not met such achievement targets and performance targets, the Superintendent of Public Instruction shall:

      (a) Designate the public school as persistently underperforming; and

      (b) Notify the principal of the public school and the school district or sponsor of the charter school of the designation of the public school as persistently underperforming and include in such notice a summary of the deficiencies causing the designation and any required actions.

      7.  If, pursuant to subsection 6, the Superintendent of Public Instruction designates a school as persistently underperforming, the Superintendent shall recommend intervention measures to the Public Education Oversight Board impaneled pursuant to section 9.1 of this act. Subject to the approval of the Oversight Board, the Superintendent of Public Instruction may:

      (a) Extend the period of probation of the public school for 1 additional school year, including, without limitation, extending all requirements and oversight imposed during a period of probation imposed pursuant to this section;

      (b) Implement any or all of the corrective measures described in sections 14.3 to 14.6, inclusive, of this act; or

 


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      (c) Require additional state-directed interventions tailored to address the specific deficiencies preventing the public school from meeting its achievement targets and performance targets.

      8.  The Department shall regularly prepare and submit a report of intervention efforts and progress of a public school in meeting achievement targets and performance targets to the:

      (a) Governor;

      (b) Public Education Oversight Board; and

      (c) Director of the Legislative Counsel Bureau for transmittal to:

             (1) The Joint Interim Standing Committee on Education, if the report is received during the interim period between legislative sessions.

             (2) The Senate and Assembly Standing Committees on Education, if the report is received during a legislative session.

      9.  Any report or evaluation related to intervention measures for a public school approved by the Public Education Oversight Board must be posted on the Internet website of the Department and submitted to the entities described in paragraphs (a), (b) and (c) of subsection 8.

      Sec. 14.3. 1.  If, pursuant to subsection 6 of section 14.25 of this act, the Superintendent of Public Instruction designates a public school as a persistently underperforming school, the Superintendent shall, not later than 60 days after the designation is made, submit to the Public Education Oversight Board impaneled pursuant to section 9.1 of this act a proposal to implement one of the following corrective measures:

      (a) Replacement of the principal of the public school and other key personnel of the public school as necessary to support substantial improvements in leadership and instructional quality; or

      (b) Direct management of the public school by the Department to ensure accountability and the implementation of effective school practices.

      2.  Not later than 45 days after receiving a proposal for a corrective measure submitted pursuant to subsection 1, the Public Education Oversight Board shall review the proposal and take one of the following actions:

      (a) Approve the proposal, in which case the Superintendent of Public Instruction shall proceed to implement the approved corrective measure as provided in sections 14.3 to 14.6, inclusive, of this act; or

      (b) Deny the proposal, in which case the Superintendent shall:

             (1) Address the reasons for the denial of the proposal; and

             (2) Not later than 30 days after the denial of the proposal, submit to the Oversight Board a revised proposal for the corrective measure or a proposal for a different corrective measure.

      3.  A corrective measure must be selected, approved and implemented not later than December 31 of the year in which the public school is designated as a persistently underperforming school.

      4.  Each corrective measure must be established with an initial term of 6 years. During the initial term of the corrective measure, the Department shall:

      (a) Monitor the progress of the school through the program of accountability and statewide system of accountability for public schools as set forth in chapter 385A of NRS; and

      (b) Provide technical assistance, professional development and resources as necessary to support the successful implementation of the corrective measure.

 


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      5.  At least 1 year before the end of the initial 6-year term of a corrective measure, the Superintendent of Public Instruction shall conduct a comprehensive review of the performance of the public school for which the corrective measure was implemented to determine the appropriate next steps. Based on this review, the Superintendent shall recommend to the Public Education Oversight Board one of the following actions:

      (a) Renew the corrective measure for an additional term of not more than 10 years, if the public school has demonstrated sustained progress but has not met or exceeded its achievement targets and performance targets;

      (b) Extend the corrective measure indefinitely, if the public school has met or exceeded its achievement targets and performance targets or the Superintendent determines that such action is in the best interest of the pupils and community served by the public school;

      (c) Initiate an alternative or modified corrective measure set forth in subsection 1; or

      (d) Transition the public school back to its original governance structure if the school has achieved sustained improvement and demonstrates capacity to maintain progress.

      6.  In cases where a corrective measure is extended indefinitely pursuant to paragraph (b) of subsection 5:

      (a) The Department shall conduct periodic evaluations, not less often than every 5 years, to assess the performance and operational effectiveness of the public school and the alignment of the public school with state educational goals; and

      (b) The Superintendent of Public Instruction retains the authority to modify or terminate the corrective measure if subsequent evaluations reveal significant deficiencies or if the Superintendent determines that an alternative governance structure would better serve the pupils enrolled in the public school.

      7.  The Department shall prepare a report of the findings and determinations resulting from the comprehensive review conducted by the Superintendent of Public Instruction pursuant to subsection 5. The report must be posted on the Internet website maintained by the Department and must include, without limitation:

      (a) A summary of the progress of the public school during the initial term of the corrective measure;

      (b) An evaluation of the effectiveness of the corrective measure in addressing the deficiencies in the performance of the public school; and

      (c) A detailed rationale for the recommended next steps, including, without limitation, any proposed changes to the governance, operations or accountability structure of the public school.

      8.  The provisions of this section must not be construed to prohibit or supersede a sponsor of a charter school from taking any action to enforce a charter contract or any provision of chapter 388A of NRS.

      Sec. 14.35. 1.  If, pursuant to section 14.3 of this act, the corrective measure of replacing the principal of a public school and other key personnel of the public school is approved by the Public Education Oversight Board impaneled pursuant to section 9.1 of this act, the Superintendent of Public Instruction shall direct the superintendent of schools of the school district in which the school is located or, if the public school is a charter school, the governing body of the charter school, to initiate the process to replace the principal and other key personnel.

 


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      2.  Upon receipt of such direction from the Superintendent of Public Instruction pursuant to subsection 1, the superintendent of schools of the school district or governing body of the charter school, as applicable, shall immediately begin a process to select a new principal for the public school. The superintendent of schools of the school district or governing body of the charter school, as applicable, shall:

      (a) If the public school is a local school precinct, as defined in NRS 388G.535:

             (1) Ensure that the selection process complies with the applicable provisions of chapter 388G of NRS, including, without limitation, meaningful participation by the organizational team, as defined in NRS 388G.540; and

             (2) Have the organizational team, as defined in NRS 388G.540, participate in the selection process for the new principal by:

                   (I) Defining the desired qualifications and characteristics of the new principal;

                   (II) Participating in interviews, evaluations and deliberations for all candidates to be hired as the new principal; and

                   (III) Providing formal recommendations for a candidate to be hired as the new principal;

      (b) Submit the name and qualifications of the final candidate selected by the superintendent of schools of the school district or governing body of the charter school, as applicable, for review and approval by the Superintendent of Public Instruction to ensure alignment with the improvement goals for the public school; and

      (c) Appoint the new principal to assume full administrative responsibilities by the start of the next school year.

      3.  Upon appointment, the new principal, in collaboration with the administration of the school district or, if the new principal is the principal of a charter school, the governing body of the charter school shall review and, if necessary, replace or reassign any teacher or other staff member assigned to the school, subject to the following conditions:

      (a) The replacement or reassignment process must comply with all applicable state and federal laws, including, without limitation, those related to:

             (1) Collective bargaining agreements; and

             (2) Employment protections under state and federal law, including, without limitation, the Americans with Disabilities Act of 1990, 42 U.S.C. §§ 12101 et seq., and Title VII of the Civil Rights Act of 1964, 42 U.S.C. §§ 2000e et seq.;

      (b) Teachers identified for replacement or reassignment must receive:

             (1) Written notification specifying the reasons for the decision, consistent with performance or other relevant criteria; and

             (2) Support for reassignment to another public school within the school district or another charter school, as provided in subsection 7;

      (c) All decisions to replace or reassign a teacher must be documented and reviewed by the administration of the school district or the governing body of the charter school, as applicable, and the Department to ensure compliance with legal and policy standards; and

      (d) Any principal, administrator, teacher or other staff of the public school who is replaced must:

 


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             (1) Be reassigned within the school district or to another charter school to a suitable role in accordance with chapter 391 of NRS and the policies of the school district or charter school;

             (2) Follow the procedures of the school district or charter school, as applicable, for reassignment or other duties as appropriate; and

             (3) Abide by any other requirements imposed by law or policy relating to reassignment.

      4.  If an administrator or teacher is removed from his or her position pursuant to this section and holds an “effective” or “highly effective” rating pursuant to paragraph (a) of subsection 2 of NRS 391.465, the administrator or teacher must be reassigned to another open position of equal responsibility and compensation within the school district or charter school. If no such position is available, the administrator or teacher must be assigned to his or her previous role.

      5.  If administrators, teachers or other staff of a public school are replaced or reassigned pursuant to a corrective measure implemented pursuant to this section, the superintendent of schools of the school district or the governing body of the charter school, as applicable, in coordination with the Department, may establish financial and other incentives, which are subject to any collective bargaining agreement, to attract and retain high-quality teachers, administrators and other staff for the public school. Such incentives may include, without limitation:

      (a) Salary increases, performance-based bonuses and retention stipends;

      (b) Flexible scheduling options to support continuing education and other professional assignments;

      (c) Specialized training programs and career advancement opportunities; and

      (d) Additional supports tailored to address the specific challenges of the public school.

      6.  Each allocation of money for an incentive described in subsection 5 must be:

      (a) Approved by the Department;

      (b) Limited to the duration of the period for which the corrective measure is effective pursuant to this section; and

      (c) Documented to ensure alignment with the performance and improvement goals of the public school.

      7.  A teacher reassigned to another public school within the school district or to another charter school pursuant to this section must receive support to meet performance standards, including, without limitation:

      (a) Peer mentoring and coaching;

      (b) Enrollment in professional development programs; and

      (c) Additional resources or training as necessary.

      8.  If a new principal appointed pursuant to this section determines that additional operational costs are required to support the improvement goals of the public school, the superintendent of schools of the school district in which the public school is located or the governing body of the charter school shall:

      (a) Evaluate and approve the request if resources are available or can be made available through reasonable budget augmentation;

      (b) Identify and allocate appropriate sources of funding for the request; and

 


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      (c) Prioritize expenditures to address the most critical needs of the public school in alignment with its school improvement plan.

      9.  The Department may provide additional support and resources to persistently underperforming schools that are implementing a corrective measure pursuant to this section. Such support may include, without limitation:

      (a) Leadership coaching for new principals and other key personnel appointed pursuant to this section to ensure effective school management;

      (b) Ongoing professional development opportunities for teachers to support best practices in instruction and curriculum delivery; and

      (c) Funding to enter into contracts with consultants or educational specialists to assist in the implementation of effective school turnaround strategies, ensuring alignment with the performance improvement goals of the public school.

      Sec. 14.4. 1.  If, pursuant to section 14.3 of this act, the corrective measure of direct management of the public school by the Department is approved by the Public Education Oversight Board impaneled pursuant to section 9.1 of this act and implemented for a public school designated as persistently underperforming, the Superintendent of Public Instruction shall assume responsibility for overseeing the operations of the public school.

      2.  If the Superintendent of Public Instruction assumes responsibility for overseeing the operations of a public school pursuant to subsection 1, the Superintendent shall appoint a school turnaround director to manage the public school. The school turnaround director shall:

      (a) Exercise full operational control of the public school, including, without limitation:

             (1) Overseeing all instructional, operational and financial decisions;

             (2) Implementing personnel decisions, including, without limitation, the hiring, reassignment or replacement of administrators, teachers and other staff employed at the public school in compliance with state and federal law; and

             (3) Revising curriculum and instructional strategies to align with best practices for improving pupil outcomes.

      (b) Develop and implement a comprehensive school turnaround plan. The school turnaround plan must include, without limitation:

             (1) Specific academic and operational benchmarks the public school must meet during the period of the corrective measure imposed pursuant to this section;

             (2) Evidence-based interventions to address areas of underperformance;

             (3) Strategies to close achievement gaps for underserved populations of pupils, including, without limitation, pupils with special needs, low-income pupils, pupils who are English learners and pupils from diverse racial or ethnic backgrounds;

             (4) A detailed timeline for achieving measurable progress in performance; and

             (5) An evaluation of policies prescribed by the school district to identify any waivers necessary for the effective execution of the school turnaround plan.

 


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      (c) Document all proposed waivers of any policy of the school district or sponsor of the charter school and submit the proposed waivers to the superintendent of schools of the school district or the sponsor of the charter school, as applicable, for review and to the Superintendent of Public Instruction for review and approval.

      (d) Provide regular updates to the Superintendent of Public Instruction, the Public Education Oversight Board and the board of trustees of the school district or the sponsor of the charter school on the implementation of the school turnaround plan to ensure transparency and accountability.

      3.  The Department shall provide ongoing support to a public school operating under the corrective measure of direct management imposed pursuant to this section, including, without limitation:

      (a) Leadership coaching and development programs for the appointed school turnaround director and school administrators to ensure effective management and instructional leadership.

      (b) Targeted professional development for teachers, including, without limitation:

             (1) Training on evidence-based instructional practices and strategies for differentiated instruction;

             (2) Support for integrating technology into the classroom to enhance learning outcomes; and

             (3) Coaching to improve classroom management and pupil engagement.

      (c) Access to external consultants and educational specialists with expertise in school turnaround strategies. Any such consultant or educational specialist shall:

             (1) Provide guidance on curriculum development and instructional planning;

             (2) Assist with the implementation of performance monitoring systems; and

             (3) Support the alignment of school operations with the goals of the school turnaround plan.

      (d) Additional funding support, as necessary, to ensure the successful execution of the school turnaround plan, including, without limitation, grants for instructional resources, teacher incentives and other identified needs.

      Secs. 14.65 and 14.7.  (Deleted by amendment.)

      Sec. 15. NRS 388.055 is hereby amended to read as follows:

      388.055  1.  Each public school, including, without limitation, each charter school, in which at least 500 pupils are enrolled that is located in a county whose population is less than 100,000 shall, to the extent that money is available for that purpose:

      [1.](a) Employ a school counselor at the school on a full-time basis.

      [2.](b) Provide for a comprehensive program for school counseling developed by a school counselor pursuant to NRS 391.293.

      2.  Each public school, including, without limitation, each charter school, located in a county whose population is 100,000 or more shall:

      (a) Provide for the availability of a school counselor or equivalent service at the school on a full-time basis.

      (b) Provide for a comprehensive program for school counseling developed by a school counselor pursuant to NRS 391.293.

 


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      Sec. 15.5. NRS 388.090 is hereby amended to read as follows:

      388.090  1.  Except as otherwise provided in this section and NRS 388D.330, boards of trustees of school districts shall schedule and provide a minimum of 180 days of free school in the districts under their charge.

      2.  Except for an alternative schedule described in subsection 3, the Superintendent of Public Instruction may, upon application by the board of trustees of a school district, authorize the school district to provide a program of instruction based on an alternative schedule if the number of minutes of instruction to be provided is equal to or greater than the number of minutes of instruction that would be provided in a program of instruction consisting of 180 school days. The Superintendent of Public Instruction shall notify the board of trustees of the school district of the approval or denial of the application not later than 30 days after the Superintendent of Public Instruction receives the application. An alternative schedule proposed pursuant to this subsection must be developed in accordance with chapter 288 of NRS.

      3.  The Superintendent of Public Instruction may, upon application by the board of trustees of a school district, authorize a reduction of not more than 15 school days in that particular district to establish or maintain an alternative schedule consisting of a 12-month school program if the board of trustees demonstrates that the proposed alternative schedule for the program provides for a number of minutes of instruction that is equal to or greater than that which would be provided under a program consisting of 180 school days.

      4.  The Superintendent of Public Instruction may, upon application by a board of trustees, authorize the addition of minutes of instruction to any scheduled day of free school if days of free school are lost because of any interscholastic activity. Not more than 5 days of free school so lost may be rescheduled in this manner. The provisions of this subsection do not apply to an alternative schedule approved pursuant to subsection 2.

      5.  The number of minutes of instruction required for a particular group of pupils in a program of instruction based on an alternative schedule approved pursuant to this section and NRS 388.095 and 388.097 must be determined by multiplying the appropriate minimum daily period of instruction established by the State Board by regulation for that particular group of pupils by 180.

      6.  Each school year must contain at least 4 days of professional development for education personnel assigned to each elementary school. At least 3 days of such professional development must be devoted to training on methods and skills necessary to achieve the goals of the plan for the school prepared pursuant to section 1.3 of this act.

      Sec. 15.6. NRS 388.157 is hereby amended to read as follows:

      388.157  1.  The board of trustees of each school district and the governing body of each charter school shall prepare a plan to improve the literacy of pupils enrolled in an elementary school. Such a plan must include, without limitation:

      (a) A program to provide intervention services and intensive instruction to pupils who have been identified as deficient in the subject area of reading to ensure that those pupils achieve adequate proficiency in the requisite reading skills and reading comprehension skills necessary to perform at a level determined by a statewide assessment to be within a level determined by the State Board , or an equivalent level determined by an assessment administered by the board of trustees of a school district or governing body of a charter school, for a pupil enrolled in the same grade in which the pupil is enrolled.

 


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administered by the board of trustees of a school district or governing body of a charter school, for a pupil enrolled in the same grade in which the pupil is enrolled. Such a program must include, without limitation, regularly scheduled reading sessions in small groups and specific instruction designed to target any area of reading in which the pupil demonstrates a deficiency, including, without limitation, phonological and phonemic awareness, decoding skills, reading fluency and vocabulary and reading comprehension strategies;

      (b) Procedures for assessing a pupil’s proficiency in the subject area of reading using valid and reliable standards-based assessments [that have been approved by the State Board by regulation] during each grade level of the elementary school at which the pupil is enrolled as determined necessary;

      (c) A program to improve the proficiency in reading of pupils who are English learners; and

      (d) Procedures for facilitating collaboration between licensed teachers designated as literacy specialists and classroom teachers.

      2.  The board of trustees of each school district or the governing body of a charter school, as applicable, shall:

      (a) Submit its plan to the Department for approval on or before the date prescribed by the Department on a form prescribed by the Department; and

      (b) Make such revisions to the plan as the Department determines are necessary.

      3.  The Department [shall] :

      (a) Shall adopt regulations that prescribe procedures for assessing the development across early learning domains of a pupil enrolled in kindergarten within the first 45 days of school in a school year.

      (b) May adopt regulations prescribing the manner by which the board of trustees of each school district and the governing body of a charter school are required to collect and report the results of any assessment used by the school district or charter school, as applicable, to assess a pupil’s proficiency in the subject area of reading.

      (c) May prescribe one or more valid and reliable standards-based statewide assessments that must be used in a school district or charter school to assess a pupil’s proficiency in the subject area of reading if the board of trustees of the school district or the governing body of the charter school, as applicable, fails to include such an assessment in the plan submitted pursuant to subsection 1.

      4.  If the board of trustees of a school district or the governing body of a charter school administers an assessment to assess the proficiency of a pupil in the subject of reading other than a statewide assessment prescribed pursuant to paragraph (c) of subsection 3 and the Department has established a method to determine an equivalent score to a score on a statewide assessment for such an assessment, the Department shall award a grant to the school district or local educational agency for the charter school in an amount equal to the savings to the Department, on a proportional basis, for not administering the statewide assessment to pupils in the school district or charter school, as applicable. A grant to a school district or local educational agency awarded pursuant to this subsection must not exceed, on a per pupil basis, the cost of a statewide assessment prescribed pursuant to paragraph (c) of subsection 3.

 


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      Sec. 16. NRS 388.700 is hereby amended to read as follows:

      388.700  1.  Except as otherwise provided in this section, for each [school quarter of a] school year, the ratio in each school district of pupils per licensed teacher designated to teach, on a full-time basis, in classes where core curriculum is taught:

      (a) In kindergarten and grades 1 and 2, must not exceed 16 to 1, and in grade 3, must not exceed 18 to 1; or

      (b) If a plan is approved pursuant to subsection 3 of NRS 388.720, must not exceed the ratio set forth in that plan for the grade levels specified in the plan.

Κ In determining this ratio, all licensed educational personnel who teach a grade level specified in paragraph (a) or a grade level specified in a plan that is approved pursuant to subsection 3 of NRS 388.720, as applicable for the school district, must be counted except teachers of art, music, physical education or special education, teachers who teach one or two specific subject areas to more than one classroom of pupils, counselors, librarians, administrators, deans, specialists, any administrators or other licensed educational personnel, including, without limitation, counselors, coaches and special education teachers, who may be present in a classroom but do not teach every pupil in the classroom and teachers who are not actively teaching pupils during a class period or who do not teach a subject area for which the ratio of pupils per licensed teacher is being determined.

      2.  A school district may, within the limits of any plan adopted pursuant to NRS 388.720, assign a pupil whose enrollment in a grade occurs after the end of a quarter during the school year to any existing class regardless of the number of pupils in the class if the school district requests and is approved for a variance from the State Board pursuant to subsection 4.

      3.  Each school district that includes one or more elementary schools which exceed the ratio of pupils per class during any [quarter of a] school year, as reported to the Department pursuant to NRS 388.725:

      (a) Set forth in subsection 1;

      (b) Prescribed in conjunction with a legislative appropriation for the support of the class-size reduction program; or

      (c) Defined by a legislatively approved alternative class-size reduction plan, if applicable to that school district,

Κ must request a variance for each such school for the next [quarter of the current] school year [if a quarter remains in that school year or for the next quarter of the succeeding school year, as applicable,] from the State Board by providing a written statement that includes the reasons for the request, the justification for exceeding the applicable prescribed ratio of pupils per class and a plan of actions that the school district will take to reduce the ratio of pupils per class.

      4.  The State Board may grant to a school district a variance from the limitation on the number of pupils per class set forth in paragraph (a), (b) or (c) of subsection 3 for good cause, including the lack of available financial support specifically set aside for the reduction of pupil-teacher ratios.

      5.  The State Board shall, on [a quarterly] an annual basis, submit a report to the Interim Finance Committee on each variance requested by a school district pursuant to subsection 4 during the [preceding quarter] school year and, if a variance was granted, an identification of each elementary school for which a variance was granted and the specific justification for the variance.

 


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      6.  The State Board shall, on or before February 1 of each odd-numbered year, submit a report to the Legislature on:

      (a) Each variance requested by a school district pursuant to subsection 4 during the preceding biennium and, if a variance was granted, an identification of each elementary school for which variance was granted and the specific justification for the variance.

      (b) The data reported to it by the various school districts pursuant to subsection 2 of NRS 388.710, including an explanation of that data, and the current pupil-teacher ratios per class in the grade levels specified in paragraph (a) of subsection 1 or the grade levels specified in a plan that is approved pursuant to subsection 3 of NRS 388.720, as applicable for the school district.

      7.  The Department shall, on or before November 15 of each year, report to the Chief of the Budget Division of the Office of Finance and the Fiscal Analysis Division of the Legislative Counsel Bureau:

      (a) The number of teachers employed full-time;

      (b) The number of teachers employed in order to attain the ratio required by subsection 1;

      (c) The number of substitute teachers filling vacancies or long-term positions;

      (d) The number of pupils enrolled; and

      (e) The number of teachers assigned to teach in the same classroom with another teacher or in any other arrangement other than one teacher assigned to one classroom of pupils,

Κ during the current school year in the grade levels specified in paragraph (a) of subsection 1 or the grade levels specified in a plan that is approved pursuant to subsection 3 of NRS 388.720, as applicable, for each school district.

      8.  The provisions of this section do not apply to a charter school or to a program of distance education provided pursuant to NRS 388.820 to 388.874, inclusive.

      Sec. 17. NRS 388.723 is hereby amended to read as follows:

      388.723  The Department shall:

      1.  Develop policies and procedures for:

      (a) Monitoring the plan of each school district to reduce the pupil-teacher ratio per class developed pursuant to NRS 388.720, which must include, without limitation, provisions for:

             (1) The review of each plan submitted to the State Board to ensure the adequacy of such plans; and

             (2) The review of any data submitted to the State Board pursuant to NRS 388.710.

      (b) Monitoring the [quarterly] reports concerning the average daily enrollment of pupils and the pupil-teacher ratios in each school district submitted by the board of trustees of the school district pursuant to NRS 388.725 to ensure the completeness and accuracy of such reports.

      (c) The review of any requests for a variance submitted to the State Board pursuant to NRS 388.700, which must include, without limitation, provisions to verify the information in such requests to ensure the accuracy of the reports on variances submitted by the State Board to the Legislature pursuant to that section.

      (d) The distribution of money to each school district for the reduction of pupil-teacher ratios, which must include, without limitation, provisions for:

 


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             (1) The retention of all documents and records related to the distribution; and

             (2) The review of the work performed to determine the distribution of such money to ensure the accuracy of supporting information and the calculations used in making such determinations.

      2.  Provide guidance to the school districts on:

      (a) The development of a plan to reduce the pupil-teacher ratio per class pursuant to NRS 388.720. In developing such guidance, the Department shall:

             (1) Outline the criteria that each plan must include to meet the requirements of NRS 388.720.

             (2) Provide examples of policies, plans or strategies adopted by other states to reduce class sizes.

      (b) The requirements for reporting information related to the reduction of pupil-teacher ratios.

      (c) The data that must be monitored pursuant to NRS 388.710 by each school district and used to measure the effectiveness of the implementation of any plan to reduce pupil-teacher ratios.

      3.  Communicate with the board of trustees of each school district regarding the expectations of the Department for the use of any money distributed to reduce pupil-teacher ratios in the school district, including, without limitation, the minimum number of teachers the school district is expected to employ.

      Sec. 18. NRS 388.725 is hereby amended to read as follows:

      388.725  1.  On or before [August] October 1 [, November 1, February 1 and May 1] of each year, the board of trustees of each school district shall report to the Department for the [preceding quarter:] current school year:

      (a) Except as otherwise provided in paragraph (b), the average daily enrollment of pupils and the ratio of pupils per licensed teacher for grades 1, 2 and 3 for each elementary school in the school district.

      (b) If the State Board has approved an alternative class-size reduction plan for the school district pursuant to NRS 388.720, the average daily enrollment of pupils and the ratio of pupils per licensed teacher for those grades which are required to comply with the alternative class-size reduction plan for each elementary school in the school district.

      2.  The board of trustees of each school district shall post on the Internet website maintained by the school district:

      (a) The information concerning average daily enrollment and class size for each elementary school in the school district, as reported to the Department pursuant to subsection 1; and

      (b) An identification of each elementary school in the school district, if any, for which a variance from the prescribed pupil-teacher ratios was granted by the State Board pursuant to subsection 4 of NRS 388.700.

      Sec. 19. Chapter 388A of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  The board of trustees of a school district in which a proposed charter school will be located may, not later than 10 business days after a public meeting is held pursuant to subsection 1 of NRS 388A.255, object to the formation of the proposed charter school if:

      (a) A majority of members of the board of trustees vote to approve the objection; and

 


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      (b) The board of trustees determines that the academic, financial or organizational plans included in the application pursuant to paragraph (a) of subsection 1 of NRS 388A.243 for the charter school do not meet the needs of the community.

      2.  If the board of trustees of a school district objects to the formation of a charter school pursuant to subsection 1, the board of trustees must submit notice of the objection to the State Board and the State Public Charter School Authority.

      3.  After receiving notice of an objection pursuant to subsection 2, the State Public Charter School Authority may make affirmative findings that the assessment of the academic, financial or organizational plans included in the application pursuant to paragraph (a) of subsection 1 of NRS 388A.243 made by the board of trustees of a school district is incorrect. After making such findings, the State Public Charter School Authority may approve the application to form a charter school.

      Sec. 20. NRS 388A.153 is hereby amended to read as follows:

      388A.153  1.  The State Public Charter School Authority consists of nine members. The membership of the State Public Charter School Authority consists of:

      (a) [Two members appointed by the Governor in accordance with subsection 2;

      (b)] Two members [,] who must not be Legislators, one of whom holds a license to teach issued pursuant to chapter 391 of NRS and one of whom has a demonstrated understanding of charter school operations, appointed by the Majority Leader of the Senate in accordance with subsection 2;

      [(c)] (b) Two members [,] who must not be Legislators, one of whom holds a license to teach issued pursuant to chapter 391 of NRS and one of whom has a demonstrated understanding of charter school operations, appointed by the Speaker of the Assembly in accordance with subsection 2;

      [(d) Two members]

      (c) One member who has specific knowledge of the assessments required in elementary and secondary education, appointed by the State Board of Education [; and] in accordance with subsection 2;

      [(e)] (d) One member appointed by the Charter School Association of Nevada or its successor organization [.] ;

      (e) One member who is a person who has experience and expertise in managing finances for facilities in the public sector; and

      (f) Two members who are the parent or legal guardian of a pupil enrolled in a charter school in this State, appointed by the Governor.

      2.  The Governor, the Majority Leader of the Senate, the Speaker of the Assembly and the State Board of Education shall , in appointing members pursuant to paragraphs (a), (b) and (e) of subsection 1, attempt to ensure that the membership of the State Public Charter School Authority:

      (a) Includes persons with a demonstrated understanding of charter schools and a commitment to using charter schools as a way to strengthen public education in this State;

      (b) [Includes a parent or legal guardian of a pupil enrolled in a charter school in this State;

      (c)] Includes persons with specific knowledge of:

             (1) Issues relating to elementary and secondary education;

             (2) School finance or accounting, or both;

             (3) Management practices;

 


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             (4) Assessments required in elementary and secondary education;

             (5) Educational technology; and

             (6) The laws and regulations applicable to charter schools;

      [(d)](c) Insofar as practicable, reflects the ethnic and geographical diversity of this State; and

      [(e)](d) Insofar as practicable, consists of persons who are experts on best practices for authorizing charter schools and developing and operating high-quality charter schools and charter management organizations.

      3.  Each member of the State Public Charter School Authority must be a resident of this State.

      4.  Except as otherwise provided in subsection 5, a member of the State Public Charter School Authority must not be actively engaged in business with or hold a direct pecuniary interest relating to charter schools, including, without limitation, serving as a vendor, contractor, employee, officer, director or member of the governing body of a charter school, educational management organization or charter management organization.

      5.  Not more than two members of the State Public Charter School Authority may be teachers or administrators who are employed by a charter school or charter management organization in this State. For a teacher or administrator employed by a charter school or charter management organization to be eligible to serve as a member of the State Public Charter School Authority, the charter school or charter management organization which employs the teacher or administrator must not have ever received an annual rating established as one of the three lowest ratings of performance pursuant to the statewide system of accountability for public schools.

      6.  After the initial terms, the term of each member of the State Public Charter School Authority , other than any ex officio member, is 3 years, commencing on July 1 of the year in which he or she is appointed. A vacancy in the membership of the State Public Charter School Authority must be filled for the remainder of the unexpired term in the same manner as the original appointment. A member shall continue to serve on the State Public Charter School Authority until his or her successor is appointed.

      7.  The members of the State Public Charter School Authority shall select a Chair and Vice Chair from among its members. After the initial selection of those officers, each of those officers holds the position for a term of 2 years commencing on July 1 of each odd-numbered year. If a vacancy occurs in the Chair or Vice Chair, the vacancy must be filled in the same manner as the original selection for the remainder of the unexpired term.

      8.  Each member of the State Public Charter School Authority is entitled to receive:

      (a) For each day or portion of a day during which he or she attends a meeting of the State Public Charter School Authority a salary of not more than $80, as fixed by the State Public Charter School Authority; and

      (b) For each day or portion of a day during which he or she attends a meeting of the State Public Charter School Authority or is otherwise engaged in the business of the State Public Charter School Authority the per diem allowance and travel expenses provided for state officers and employees generally.

      Sec. 20.5. NRS 388A.220 is hereby amended to read as follows:

      388A.220  1.  The board of trustees of a school district may apply to the Department for authorization to sponsor charter schools within the school district in accordance with the regulations adopted by the Department pursuant to NRS 388A.105 or 388A.110.

 


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pursuant to NRS 388A.105 or 388A.110. An application must be approved by the Department before the board of trustees may sponsor a charter school. Not more than 180 days after receiving approval to sponsor charter schools, the board of trustees shall provide public notice of its ability to sponsor charter schools and solicit applications for charter schools.

      2.  The State Public Charter School Authority shall sponsor charter schools whose applications have been approved by the State Public Charter School Authority pursuant to NRS 388A.255. Except as otherwise provided by specific statute, if the State Public Charter School Authority sponsors a charter school, the State Public Charter School Authority is responsible for the evaluation, monitoring and oversight of the charter school.

      3.  A college or university within the Nevada System of Higher Education may submit an application to the Department to sponsor charter schools in accordance with the regulations adopted by the Department pursuant to NRS 388A.105 or 388A.110. An application must be approved by the Department before a college or university within the Nevada System of Higher Education may sponsor charter schools.

      4.  A city or county may submit an application to the Department to sponsor charter schools in accordance with the regulations adopted by the Department pursuant to NRS 388A.105 or 388A.110. An application must be approved by the Department before a city or county may sponsor charter schools. A city or county:

      (a) [May] Except as otherwise provided in this paragraph, may not sponsor a new charter school or allow an existing charter school sponsored by the city or county to increase enrollment or operate an additional campus of an existing charter school sponsored by the city or county if the total number of pupils enrolled in charter schools sponsored by the city or county is 7 percent or more of the number of pupils enrolled in public schools in the city or county other than charter schools that are not sponsored by the city or county. A city or county may sponsor a new charter school or allow an existing charter school sponsored by the city or county to increase enrollment or operate an additional campus of an existing charter school sponsored by the city or county if:

             (1) The city or county is located in a school district that has been designated as a low-performing school district pursuant to subsection 1 of section 6.5 of this act; and

             (2) The new charter school, increase in enrollment of an existing charter school or operation of an additional campus of an existing charter school will serve pupils residing in the zone of attendance of a public school that is designated as a low-performing school or persistently underperforming pursuant to section 6.6 or 14.25 of this act, respectively, or that is identified as overcrowded.

      (b) May only sponsor a charter school which is located entirely within the incorporated area of the city or the unincorporated area of the county, as applicable.

      5.  The total enrollment growth of a charter school that is new or expanding pursuant to subsection 4 may account for an increase in enrollment at the charter school of not more than 15 percent.

      6.  The board of trustees of a school district, a college or university within the Nevada System of Higher Education or a city or county may enter into an agreement with the State Public Charter School Authority to provide technical assistance and support in preparing an application to sponsor a charter school and planning and executing the duties of a sponsor of a charter school as prescribed in this section.

 


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technical assistance and support in preparing an application to sponsor a charter school and planning and executing the duties of a sponsor of a charter school as prescribed in this section.

      [6.]7.  Before a board of trustees of a school district, a college or university within the Nevada System of Higher Education or a city or county that is approved to sponsor charter schools approves an application to form a charter school, the board of trustees, college or university or city or county, as applicable, shall prepare, in collaboration with the Department and, to the extent practicable, the school district in which the proposed charter school will be located and any other sponsor of a charter school located in that school district, an evaluation of the demographic information of pupils, the academic needs of pupils and the needs of any pupils who are at risk of dropping out of school in the geographic areas served by the sponsor.

      [7.]8.  On or before January 31 of each year, the State Public Charter School Authority shall prepare, in collaboration with the Department and, to the extent practicable, the board of trustees of each school district in this State and any other sponsor of a charter school in this State, an evaluation of the demographic information of pupils, the academic needs of pupils and the needs of any pupils who are at risk of dropping out of school in this State.

      Sec. 21. NRS 388A.246 is hereby amended to read as follows:

      388A.246  An application to form a charter school must include all information prescribed by the Department by regulation and:

      1.  A summary of the plan for the proposed charter school.

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

      (a) Improving the academic achievement of pupils;

      (b) Encouraging the use of effective and innovative methods of teaching;

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

      (d) Establishing accountability and transparency of public schools;

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

      (f) Creating new professional opportunities for teachers.

      3.  A clear description of the indicators, measures and metrics for the categories of academics, finances and organization that the charter school proposes to use, the external assessments that will be used to assess performance in those categories and the objectives that the committee to form a charter school plans to achieve in those categories, which must be expressed in terms of the objectives, measures and metrics. The objectives and the indicators, measures and metrics used by the charter school must be consistent with the performance framework adopted by the sponsor pursuant to NRS 388A.270.

      4.  A resume and background information for each person who serves on the board of the charter management organization or the committee to form a charter school, as applicable, which must include the name, telephone number, electronic mail address, background, qualifications, any past or current affiliation with any charter school in this State or any other state, any potential conflicts of interest and any other information required by the sponsor.

 


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      5.  The proposed location of, or the geographic area to be served by, the charter school and evidence of a need and community support for the charter school in that area.

      6.  The minimum, planned and maximum projected enrollment of pupils in each grade in the charter school for each year that the charter school would operate under the proposed charter contract.

      7.  The procedure for applying for enrollment in the proposed charter school, which must include, without limitation, the proposed dates for accepting applications for enrollment in each year of operation under the proposed charter contract and a statement of whether the charter school will enroll pupils who are in a particular category of at-risk pupils before enrolling other children who are eligible to attend the charter school pursuant to NRS 388A.456 and the method for determining eligibility for enrollment in each such category of at-risk pupils served by the charter school.

      8.  The academic program that the charter school proposes to use, a description of how the academic program complies with the requirements of NRS 388A.366, the proposed academic calendar for the first year of operation and a sample daily schedule for a pupil in each grade served by the charter school.

      9.  A description of the proposed instructional design of the charter school and the type of learning environment the charter school will provide, including, without limitation, whether the charter school will provide a program of distance education, the planned class size and structure, the proposed curriculum for the charter school and the teaching methods that will be used at the charter school.

      10.  The manner in which the charter school plans to identify and serve the needs of pupils with disabilities, pupils who are English learners, pupils who are academically behind their peers and gifted pupils.

      11.  A description of any co-curricular or extracurricular activities that the charter school plans to offer and the manner in which these programs will be funded.

      12.  Any uniform or dress code policy that the charter school plans to use.

      13.  Plans and timelines for recruiting and enrolling students, including procedures for any lottery for admission that the charter school plans to conduct.

      14.  The rules of behavior and punishments that the charter school plans to adopt pursuant to NRS 388A.495, including, without limitation, any unique discipline policies for pupils with disabilities.

      15.  A chart that clearly presents the proposed organizational structure of the charter school and a clear description of the roles and responsibilities of the governing body, administrators and any other persons included on the chart and a table summarizing the decision-making responsibilities of the staff and governing body of the charter school and, if applicable, the charter management organization that operates the charter school. The table must also identify the person responsible for each activity conducted by the charter school, including, without limitation, the person responsible for establishing curriculum and culture, providing professional development to employees of the charter school and making determinations concerning the staff of the charter school.

      16.  The names of any external organizations that will play a role in operating the charter school and the role each such organization will play.

 


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      17.  The manner in which the governing body of the charter school will be chosen.

      18.  A staffing chart for the first year in which the charter school plans to operate and a projected staffing plan for the term of the charter contract.

      19.  Plans for recruiting administrators, teachers and other staff, providing professional development to such staff.

      20.  Proposed bylaws for the governing body, a description of the manner in which the charter school will be governed, including, without limitation, any governance training that will be provided to the governing body, and a code of ethics for members and employees of the governing body. The code of ethics must be prepared with guidance from the Nevada Commission on Ethics and must not conflict with any policy adopted by the sponsor.

      21.  Explanations of any partnerships or contracts central to the operations or mission of the charter school.

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

      23.  The procedure for the evaluation of teachers of the charter school, if different from the procedure prescribed in NRS 391.680 and 391.725. If the procedure is different from the procedure prescribed in NRS 391.680 and 391.725, the procedure for the evaluation of teachers of the charter school must provide the same level of protection and otherwise comply with the standards for evaluation set forth in NRS 391.680 and 391.725.

      24.  A statement of the charter school’s plans for food service and other significant operational services, including a statement of whether the charter school will provide food service or participate in the National School Lunch Program, 42 U.S.C. §§ 1751 et seq. If the charter school will not provide food service or participate in the National School Lunch Program, the application must include an explanation of the manner in which the charter school will ensure that the lack of such food service or participation does not prevent pupils from attending the charter school.

      25.  Opportunities and expectations for involving the parents of pupils enrolled in the charter school in instruction at the charter school and the operation of the charter school, including, without limitation, the manner in which the charter school will solicit input concerning the governance of the charter school from such parents.

      26.  A detailed plan for starting operation of the charter school that identifies necessary tasks, the persons responsible for performing them and the dates by which such tasks will be accomplished.

      27.  A description of the financial plan and policies to be used by the charter school [.] , including, without limitation, a consideration and description of the efficient use of any public money received by the charter school in carrying out the financial plan and policies, including, without limitation, for construction purposes.

      28.  A description of the insurance coverage the charter school will obtain.

 


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      29.  Budgets for starting operation at the charter school, the first year of operation of the charter school and the first 5 years of operation of the charter school, with any assumptions inherent in the budgets clearly stated.

      30.  Evidence of any money pledged or contributed to the budget of the charter school.

      31.  A statement of the facilities that will be used to operate the charter school and a plan for operating such facilities, including, without limitation, any backup plan to be used if the charter school cannot be operated out of the planned facilities.

      32.  If the charter school operates a vocational school, a description of the career and technical education program that will be used by the charter school.

      33.  If the charter school will provide a program of distance education, a description of the system of course credits that the charter school will use and the manner in which the charter school will:

      (a) Monitor and verify the participation in and completion of courses by pupils;

      (b) Require pupils to participate in assessments and submit course work;

      (c) Conduct parent-teacher conferences; and

      (d) Administer any test, examination or assessment required by state or federal law in a proctored setting.

      34.  If the charter school will provide a program where a student may earn college credit for courses taken in high school, a draft memorandum of understanding between the charter school and the college or university through which the credits will be earned and a term sheet, which must set forth:

      (a) The proposed duration of the relationship between the charter school and the college or university and the conditions for renewal and termination of the relationship;

      (b) The roles and responsibilities of the governing body of the charter school, the employees of the charter school and the college or university;

      (c) The scope of the services and resources that will be provided by the college or university;

      (d) The manner and amount that the college or university will be compensated for providing such services and resources, including, without limitation, any tuition and fees that pupils at the charter school will pay to the college or university;

      (e) The manner in which the college or university will ensure that the charter school effectively monitors pupil enrollment and attendance and the acquisition of college credits; and

      (f) Any employees of the college or university who will serve on the governing body of the charter school.

      35.  If the applicant currently operates a charter school in another state, evidence of the performance of such charter schools and the capacity of the applicant to operate the proposed charter school.

      36.  If the applicant proposes to contract with an educational management organization or any other person to provide educational or management services:

      (a) Evidence of the performance of the educational management organization or other person when providing such services to a population of pupils similar to the population that will be served by the proposed charter school;

 


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      (b) A term sheet that sets forth:

             (1) The proposed duration of the proposed contract between the governing body of the charter school and the educational management organization;

             (2) A description of the responsibilities of the governing body of the charter school, employees of the charter school and the educational management organization or other person;

             (3) All fees that will be paid to the educational management organization or other person;

             (4) The manner in which the governing body of the charter school will oversee the services provided by the educational management organization or other person and enforce the terms of the contract;

             (5) A disclosure of the investments made by the educational management organization or other person in the proposed charter school; and

             (6) The conditions for renewal and termination of the contract; and

      (c) A disclosure of any conflicts of interest concerning the applicant and the educational management organization or other person, including, without limitation, any past or current employment, business or familial relationship between any prospective employee of the charter school and a member of the committee to form a charter school or the board of directors of the charter management organization, as applicable.

      37.  Any additional information that the sponsor determines is necessary to evaluate the ability of the proposed charter school to serve pupils in the school district in which the proposed charter school will be located.

Κ As used in this section, “pupil with a disability” has the meaning ascribed to it in NRS 388.417.

      Sec. 22. (Deleted by amendment.)

      Sec. 23. NRS 388A.255 is hereby amended to read as follows:

      388A.255  1.  If the State Public Charter School Authority receives an application pursuant to subsection 1 of NRS 388A.249 or subsection 4 of NRS 388A.252, it shall consider the application at a public meeting which must be held not later than 120 days after receipt of the application or a later period mutually agreed upon by the committee to form the charter school and the State Public Charter School Authority. If the application states that the charter school will be located in a county whose population is 100,000 or more, the meeting must be held in that county. Notice of the meeting must be posted in accordance with chapter 241 of NRS. The State Public Charter School Authority shall review the application in accordance with the requirements for review set forth in subsections 2 and 3 of NRS 388A.249. The State Public Charter School Authority may approve an application only if the requirements of subsection 3 of NRS 388A.249 are satisfied. [Not] Except as otherwise provided in section 19 of this act, not more than 30 days after the meeting, the State Public Charter School Authority shall provide written notice of its determination to the applicant.

      2.  If the State Public Charter School Authority denies or fails to act upon an application, the denial or failure to act must be based upon a finding that the requirements of subsection 3 of NRS 388A.249 have not been satisfied. The State Public Charter School Authority shall include in the written notice the reasons for the denial or the failure to act and the deficiencies. The staff designated by the State Public Charter School Authority shall meet with the applicant to confer on the method to correct the identified deficiencies.

 


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identified deficiencies. The applicant must be granted 30 days after receipt of the written notice to correct any deficiencies identified in the written notice and resubmit the application.

      3.  If the State Public Charter School Authority denies an application after it has been resubmitted pursuant to subsection 2, the applicant may, not more than 30 days after the receipt of the written notice from the State Public Charter School Authority, appeal the final determination to the district court of the county in which the proposed charter school will be located.

      Sec. 24. (Deleted by amendment.)

      Sec. 25. NRS 388A.279 is hereby amended to read as follows:

      388A.279  1.  The State Public Charter School Authority [,] shall, and the board of trustees of the school district, a college or university within the Nevada System of Higher Education or a city or county, as applicable, which sponsors a charter school may , hold a public hearing concerning any request to amend a charter contract of the charter school it sponsors, including, without limitation, a request to amend a charter contract for the purpose of:

      (a) Expanding the charter school to offer instruction in grade levels for which the charter school does not already offer instruction.

      (b) Increasing the total enrollment of a charter school or the enrollment of pupils in a particular grade level in the charter school for a school year to more than 120 percent of the enrollment prescribed in the charter contract for that school year.

      (c) Reducing the total enrollment of a charter school or the enrollment of pupils in a particular grade level in the charter school for a school year to less than 80 percent of the enrollment prescribed in the charter contract for that school year.

      (d) Seeking to acquire an additional facility in any county of this State to expand the enrollment of the charter school.

      (e) Consolidating the operations of multiple charter schools pursuant to NRS 388A.282.

      2.  A charter contract may not be amended in any manner described in subsection 1 unless the amendment is approved by the State Public Charter School Authority, the board of trustees of the school district, a college or university within the Nevada System of Higher Education or a city or county, as applicable.

      3.  The State Public Charter School Authority, the board of trustees of the school district, a college or university within the Nevada System of Higher Education or a city or county, as applicable, must deny a request to amend a charter contract in the manner described in paragraph (d) or (e) of subsection 1 if the State Public Charter School Authority, the board of trustees, a college or university within the Nevada System of Higher Education or a city or county, as applicable, determines that:

      (a) Except as otherwise provided in subsection 6 of NRS 388A.274, the charter school is not meeting the requirements of the performance framework concerning academics, finances or organization established pursuant to NRS 388A.273; or

      (b) The governing body does not have a comprehensive and feasible plan to operate additional facilities.

      Sec. 25.3. NRS 388A.300 is hereby amended to read as follows:

      388A.300  1.  Except as otherwise provided in [subsection] subsections 5 and 6, subsection 3 of NRS 385A.720 and subsection 6 of NRS 388A.274, the sponsor of a charter school shall terminate the charter contract of the charter school or restart the charter school under a new charter contract if the charter school receives, in any period of [5] 3 consecutive school years, three annual ratings established as the lowest rating possible indicating underperformance of a public school, as determined by the Department pursuant to the statewide system of accountability for public schools.

 


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contract of the charter school or restart the charter school under a new charter contract if the charter school receives, in any period of [5] 3 consecutive school years, three annual ratings established as the lowest rating possible indicating underperformance of a public school, as determined by the Department pursuant to the statewide system of accountability for public schools.

      2.  [A charter school’s annual rating pursuant to the statewide system of accountability based upon the performance of the charter school must not be included in the count of annual ratings for the purposes of subsection 1 for any school year before the 2015-2016 school year.

      3.]  If a charter contract is terminated or a charter school is restarted pursuant to subsection 1, the sponsor of the charter school shall submit a written report to the Department and the governing body of the charter school setting forth the reasons for the termination or restart of the charter school not later than 10 days after terminating the charter contract or restarting the charter school.

      [4.]3.  The provisions of NRS 388A.330 do not apply to the termination of a charter contract or restart of the charter school pursuant to this section.

      [5.]4.  The Department shall adopt regulations governing procedures to restart a charter school under a new charter contract pursuant to subsection 1. Such regulations must include, without limitation, requiring a charter school that is restarted to enroll a pupil who was enrolled in the charter school before the school was restarted before any other eligible pupil is enrolled.

      [6.]5.  If the sponsor of a charter school determines that not all of the elementary, middle or high schools in or campuses of the charter school meet the criteria described in subsection 1 and that the charter school can remain financially viable if the charter school continues to operate and serve only the elementary, middle or high schools or campuses which do not meet the criteria described in subsection 1, the sponsor may amend the charter contract to eliminate the elementary, middle or high schools or campuses that meet the criteria described in subsection 1 and limit the enrollment in all other elementary, middle or high schools in or campuses of the charter school.

      6.  The sponsor of a charter school described in subsection 1 is not required to terminate the charter contract of the charter school or restart the charter school under a new charter contract if the charter school received a rating that is:

      (a) Within 5 points of the number of points required for the second lowest rating of performance pursuant to the statewide system of accountability for public schools or higher; or

      (b) Within 10 points of the number of points required for the second lowest rating of performance pursuant to the statewide system of accountability for public schools or higher and the charter school increased its rating from the immediately preceding school year by at least 50 percent.

      Sec. 25.5. NRS 388A.300 is hereby amended to read as follows:

      388A.300  1.  Except as otherwise provided in [subsections] subsection 5 , [and 6,] subsection 3 of NRS 385A.720 and subsection 6 of NRS 388A.274, the sponsor of a charter school shall terminate the charter contract of the charter school or restart the charter school under a new charter contract if the charter school receives, in any period of 3 consecutive school years, three annual ratings established as the lowest rating possible indicating underperformance of a public school, as determined by the Department pursuant to the statewide system of accountability for public schools.

      2.  If a charter contract is terminated or a charter school is restarted pursuant to subsection 1, the sponsor of the charter school shall submit a written report to the Department and the governing body of the charter school setting forth the reasons for the termination or restart of the charter school not later than 10 days after terminating the charter contract or restarting the charter school.

 


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written report to the Department and the governing body of the charter school setting forth the reasons for the termination or restart of the charter school not later than 10 days after terminating the charter contract or restarting the charter school.

      3.  The provisions of NRS 388A.330 do not apply to the termination of a charter contract or restart of the charter school pursuant to this section.

      4.  The Department shall adopt regulations governing procedures to restart a charter school under a new charter contract pursuant to subsection 1. Such regulations must include, without limitation, requiring a charter school that is restarted to enroll a pupil who was enrolled in the charter school before the school was restarted before any other eligible pupil is enrolled.

      5.  If the sponsor of a charter school determines that not all of the elementary, middle or high schools in or campuses of the charter school meet the criteria described in subsection 1 and that the charter school can remain financially viable if the charter school continues to operate and serve only the elementary, middle or high schools or campuses which do not meet the criteria described in subsection 1, the sponsor may amend the charter contract to eliminate the elementary, middle or high schools or campuses that meet the criteria described in subsection 1 and limit the enrollment in all other elementary, middle or high schools in or campuses of the charter school.

      [6.  The sponsor of a charter school described in subsection 1 is not required to terminate the charter contract of the charter school or restart the charter school under a new charter contract if the charter school received a rating that is:

      (a) Within 5 points of the number of points required for the second lowest rating of performance pursuant to the statewide system of accountability for public schools or higher; or

      (b) Within 10 points of the number of points required for the second lowest rating of performance pursuant to the statewide system of accountability for public schools or higher and the charter school increased its rating from the immediately preceding school year by at least 50 percent.]

      Sec. 26. NRS 388A.351 is hereby amended to read as follows:

      388A.351  1.  On or before February 15 of each year, the sponsor of a charter school shall submit a written report to the Department on a form prescribed by the Department. The written report must include:

      (a) A summary evaluating the academic, financial and organizational performance of the charter school, as measured by the performance indicators, measures and metrics set forth in the performance framework for the charter school.

      (b) An identification of each charter school approved by the sponsor:

             (1) Which has not opened and the scheduled time for opening, if any;

             (2) Which is open and in operation;

             (3) Which has transferred sponsorship;

             (4) Whose charter contract has been terminated by the sponsor;

             (5) Whose charter contract has not been renewed by the sponsor; and

             (6) Which has voluntarily ceased operation.

      (c) A description of the strategic vision of the sponsor for the charter schools that it sponsors and the progress of the sponsor in achieving that vision.

      (d) A description of the services provided by the sponsor pursuant to a service agreement entered into with the governing body of the charter school pursuant to NRS 388A.381, including an itemized accounting of the actual costs of those services.

 


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      (e) The amount of any money from the Federal Government that was distributed to the charter school, any concerns regarding the equity of such distributions and any recommendations on how to improve access to and distribution of money from the Federal Government.

      (f) A description of the expenditures and sources of all revenues for the charter school.

      2.  On or before April 1 of each year, the Department shall submit to the State Board the report required pursuant to this section, to be reviewed by the State Board.

      3.  As used in this section, “revenues” has the meaning ascribed to it in NRS 388A.605.

      Sec. 27. NRS 388A.495 is hereby amended to read as follows:

      388A.495  1.  A governing body of a charter school shall adopt:

      (a) Written rules of behavior required of and prohibited for pupils attending the charter school; and

      (b) Appropriate punishments for violations of the rules.

      2.  A pupil enrolled in a charter school shall only be suspended or expelled in a manner consistent with the requirements for the suspension or expulsion of a pupil enrolled in a public school within a school district as set forth in NRS 392.4601 to 392.472, inclusive.

      3.  Except as otherwise provided in NRS 392.467, if suspension or expulsion of a pupil is used as a punishment for a violation of the rules, the charter school shall ensure that, at the time of the suspension or expulsion, the pupil and, if the pupil is under 18 years of age, the parent or guardian of the pupil, are given notice of the charges against him or her, an explanation of the evidence and an opportunity for a hearing. If a pupil is significantly suspended, expelled or permanently expelled, the pupil or, if the pupil is under 18 years of age, the parent or guardian of the pupil may appeal the significant suspension, expulsion or permanent expulsion in accordance with the provisions of NRS 392.4671. The charter school shall ensure that a pupil who is significantly suspended, expelled or permanently expelled and is appealing the significant suspension, expulsion or permanent expulsion or a pupil who is being considered for significant suspension, expulsion or permanent expulsion continues to attend school and receives an appropriate education in the least restrictive environment possible as required by NRS 392.4676. The provisions of chapter 241 of NRS do not apply to any hearing or proceeding conducted pursuant to this section. Such a hearing or proceeding must be closed to the public.

      4.  A copy of the rules of behavior, prescribed punishments and procedures to be followed in imposing punishments must be:

      (a) Distributed to each pupil at the beginning of the school year and to each new pupil who enters school during the year.

      (b) Available for public inspection at the charter school.

      5.  The governing body of a charter school may adopt rules relating to the truancy of pupils who are enrolled in the charter school if the rules are [at least as] not more restrictive [as] than the provisions governing truancy set forth in NRS 392.130 to 392.220, inclusive. If a governing body adopts rules governing truancy, it shall include the rules in the written rules adopted by the governing body pursuant to subsection 1.

      6.  As used in this section:

      (a) “Expel” or “expulsion” has the meaning ascribed to it in NRS 392.4603.

      (b) “Permanently expelled” means the disciplinary removal of a pupil from the school in which the pupil is currently enrolled:

 


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             (1) Except as otherwise provided in subparagraph (2), without the possibility of returning to the school in which the pupil is currently enrolled or another public school within the school district; and

             (2) With the possibility of enrolling in a program or public school for alternative education for pupils who are expelled or permanently expelled after being permanently expelled.

      (c) “Significantly suspended” has the meaning ascribed to “significant suspension” in NRS 392.4655.

      (d) “Suspend” or “suspension” has the meaning ascribed to it in NRS 392.4607.

      Sec. 28. NRS 388A.518 is hereby amended to read as follows:

      388A.518  1.  Except as otherwise provided in this section, [at least 80 percent of the teachers] any teacher who [provide] provides instruction at a charter school in a core academic subject, as set forth in NRS 389.018, must hold a license or endorsement to teach issued by the Superintendent of Public Instruction pursuant to chapter 391 of NRS.

      2.  If a charter school specializes in the construction industry or other building industry, teachers who are employed full-time to teach courses of study relating to business and industry must hold a license or endorsement issued by the Superintendent of Public Instruction pursuant to chapter 391 of NRS to teach such courses.

      3.  [A teacher who is employed by a charter school, regardless of the date of hire, must be licensed to teach pursuant to chapter 391 of NRS if the teacher teaches one or more of the core academic subjects designated pursuant to NRS 389.018.

      4.]  Except as otherwise provided in NRS 388A.515, a charter school may employ a person who does not hold a license or endorsement to teach issued by the Superintendent of Public Instruction pursuant to chapter 391 of NRS to teach a course of study for which a teacher is not required to hold a license or endorsement if the person has:

      (a) A degree, a license or a certificate in the field for which the person is employed to teach at the charter school; and

      (b) At least 2 years of experience in that field.

      [5.]4.  A teacher who is employed by a charter school to teach special education or English as a second language must be licensed to teach special education or English as a second language, as applicable.

      Sec. 29. Chapter 388D of NRS is hereby amended by adding thereto the provisions set forth as sections 30 to 31.7, inclusive, of this act.

      Sec. 30. 1.  Each school, including, without limitation, a private school, that receives a grant of money on behalf of a pupil pursuant to subsection 1 of NRS 388D.270 shall report to the Department, on or before July 1 of each year, on a form prescribed by the Department:

      (a) The total number of pupils enrolled in the school for whom a grant was made during the immediately preceding school year; and

      (b) The total number of pupils for whom a grant was made during the immediately preceding school year who were no longer enrolled in the school at the end of the school year, including the number of pupils who:

             (1) Were expelled from the school and the reason for the expulsion;

             (2) Withdrew from enrollment in the school due to a voluntary decision by the pupil or the parent or guardian of the pupil and the stated reason for the decision;

 


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             (3) After withdrawing from enrollment, as described in subparagraph (2):

                   (I) Enrolled in a public school in this State;

                   (II) Enrolled in a private school in this State;

                   (III) Began homeschooling pursuant to NRS 388D.020; or

                   (IV) Were deemed a truant or declared a habitual truant pursuant to NRS 392.130 or 392.140, respectively; and

             (4) Withdrew from enrollment in the school and were credit deficient in, or failed or were failing courses in at least one of the core academic subjects set forth in NRS 389.018.

      2.  The information reported pursuant to subsection 1 must be disaggregated by:

      (a) Grade level;

      (b) Gender;

      (c) Pupils from major racial and ethnic groups;

      (d) Pupils with disabilities; and

      (e) Pupils who are economically disadvantaged.

      3.  The Department shall adopt regulations establishing a method for schools to track the information that is required to be reported pursuant to subsection 1.

      4.  Each school, including, without limitation, each private school, that receives a grant of money on behalf of a pupil pursuant to subsection 1 of NRS 388D.270 and does not comply with the requirements set forth in subsections 1 and 2 is ineligible to receive such grants of money during the subsequent school year.

      5.  The Department shall, on or before January 1 of each even-numbered year, prepare a report containing information on pupils who withdraw from enrollment as described in paragraph (b) of subsection 1. The Department shall:

      (a) Prepare the report by aggregating the data received pursuant to paragraph (b) of subsection 1;

      (b) Submit the report to the State Board and the Director of the Legislative Counsel Bureau for transmittal to the Joint Interim Standing Committee on Education; and

      (c) Publish the report on the Internet website maintained by the Department.

      6.  As used in this section, “private school” has the meaning ascribed to it in NRS 394.103.

      Sec. 31. 1.  Each school, including, without limitation, a private school, that receives a grant of money on behalf of a pupil pursuant to subsection 1 of NRS 388D.270 shall ensure that each pupil for whom such a grant is made:

      (a) Is administered each of the examinations required by this State pursuant to NRS 390.105 or equivalent national examinations that are norm-referenced; and

      (b) If the pupil is an English learner, is administered the assessment required pursuant to NRS 390.810.

      2.  Each school that administers any examinations or assessments pursuant to subsection 1 shall, 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, provide the results of the examinations and assessments to the Department.

 


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regulations adopted pursuant thereto, provide the results of the examinations and assessments to the Department. The results must be disaggregated by:

      (a) The grade in which the pupil is enrolled;

      (b) The gender of the pupil;

      (c) The race and ethnicity of the pupil;

      (d) Whether the pupil has a disability; and

      (e) Whether the pupil is economically disadvantaged.

      3.  The Department shall adopt regulations:

      (a) Establishing a method for schools to track the information that is required to be provided pursuant to subsection 2; and

      (b) Prescribing requirements for the administration of an examination or assessment pursuant to subsection 1 by a private school.

      4.  Each school, including, without limitation, each private school, that receives a grant of money on behalf of a pupil pursuant to subsection 1 of NRS 388D.270 that does not comply with the requirements set forth in subsections 1 and 2 in a school year is ineligible to receive such grants of money during the subsequent school year.

      5.  The Department shall, on or before January 1 of each even-numbered year, prepare a report containing information on the results of examinations and assessments provided to the Department pursuant to subsection 2. The Department shall:

      (a) Prepare the report by aggregating the information received pursuant to subsection 2;

      (b) Submit the report to the State Board and the Director of the Legislative Counsel Bureau for transmittal to the Joint Interim Standing Committee on Education; and

      (c) Publish the report on the Internet website maintained by the Department.

      6.  As used in this section, “private school” has the meaning ascribed to it in NRS 394.103.

      Sec. 31.2. To participate in the Nevada Educational Choice Scholarship Program, a scholarship organization must register with the Department of Education by providing:

      1.  On a form provided by the Superintendent of Public Instruction:

      (a) The name, address and contact information of the scholarship organization; and

      (b) If the scholarship organization uses a fiscal year other than July 1 to June 30, the period of the fiscal year used by the scholarship organization;

      2.  Evidence of an official declaration by the Internal Revenue Service that the scholarship organization qualifies as a tax-exempt organization pursuant to 26 U.S.C. § 501(c);

      3.  Confirmation that the scholarship organization is incorporated pursuant to chapter 82 of NRS;

      4.  A copy of the written procedures established pursuant to subsection 2 of section 31.7 of this act; and

      5.  An affidavit signed by the chief executive officer or president or chair of the board of directors of the scholarship organization under penalty of perjury stating that:

      (a) No member of the board of directors or employee of the scholarship organization:

 


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             (1) Has declared bankruptcy within the 7 years immediately preceding the date on which the affidavit is submitted; or

             (2) Has ever been convicted of a felony; and

      (b) Neither the scholarship organization nor any member of the board of directors or employee thereof owns or operates a school in this State that receives grant money from the Nevada Educational Choice Scholarship Program.

      Sec. 31.3. 1.  Each scholarship organization that is registered with the Department of Education pursuant to section 31.2 of this act shall:

      (a) Not later than October 15, January 15, March 15 and June 15 of each year, provide to the Department in a format prescribed by the Department an electronic list of each pupil on behalf of whom the scholarship organization awarded a grant pursuant to NRS 388D.270 for the previous quarter. The electronic list must include:

             (1) Demographic information for each pupil, including, without limitation, the name, date of birth, grade level, gender and race or ethnicity of the pupil, whether the pupil has a disability, the household income of the pupil calculated pursuant to section 31.7 of this act and the name and address of the parent or guardian of the pupil;

             (2) The amount of each grant provided on behalf of a pupil;

             (3) Whether the pupil received any other scholarships in addition to the grant;

             (4) The manner in which money from each grant has been used, including, without limitation:

                   (I) The name of each school that has received money from a grant;

                   (II) The tuition and fees charged by each school; and

                   (III) Any portion of such money that has been used to pay for transportation to and from the school; and

             (5) The number of applications for a grant received by the scholarship organization for which a grant was not awarded and the reason that a grant was not awarded in each case.

      (b) Annually submit to the Department the name of:

             (1) The school attended by each pupil on whose behalf a grant is provided during the school year immediately preceding the school year for which the grant is awarded or, if such a pupil was not enrolled in a school, whether the pupil was a homeschooled child, an opt-in child or was not required to attend school pursuant to NRS 392.040 for that school year; and

             (2) The last public school, if any, attended by each pupil on whose behalf a grant is provided.

      2.  The Department of Education shall annually:

      (a) Compile the information submitted by each scholarship organization pursuant to subsection 1; and

      (b) Review the information to determine whether to recommend legislation to revise the priority for awarding grants to the Legislature.

      Sec. 31.4. Each scholarship organization that is registered with the Department of Education pursuant to section 31.2 of this act shall:

      1.  Not more than 180 days after the conclusion of the fiscal year of the scholarship organization, submit to the Department of Education a copy of an audited or compiled financial statement of the scholarship organization prepared by an independent certified public accountant.

 


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      2.  If the scholarship organization no longer meets the qualifications prescribed by law to participate in the Nevada Educational Choice Scholarship Program as a scholarship organization or ceases to exist, notify the Department within 30 days. Upon receiving such notification, the Department of Education shall update the directory maintained pursuant to section 31.6 of this act and notify the Department of Taxation.

      3.  Within 72 hours after receiving notice from the Superintendent of Public Instruction or his or her designee, make any financial records of the scholarship organization or records concerning a pupil maintained by the scholarship organization available to the Superintendent or his or her designee for inspection during regular business hours.

      Sec. 31.5. 1.  A scholarship organization that is registered with the Department of Education pursuant to section 31.2 of this act shall notify the Department of Taxation in writing not more than 10 days after receiving a donation from a taxpayer pursuant to NRS 363A.139 or 363B.119, as applicable, of the amount of the donation.

      2.  Any donation received by a scholarship organization must not be carried forward for more than 5 years after the last day on the calendar year in which the donation is made.

      Sec. 31.6. The Department of Education shall:

      1.  Maintain on its Internet website a directory of each scholarship organization that is registered with the Department pursuant to section 31.2 of this act and, not later than September 30, December 30, March 30 and June 30 of each year, submit to the Department of Taxation a list of each such scholarship organization.

      2.  Not later than March 30 of each year, submit to the Governor, the State Board of Education and the Director of the Legislative Counsel Bureau a summary of the information reported to the Department by each scholarship organization pursuant to NRS 388D.280.

      Sec. 31.7. 1.  The parent or guardian of a pupil who meets the requirements to receive a grant pursuant to NRS 388D.270 may apply to a scholarship organization registered with the Department of Education pursuant to section 31.2 of this act for such a grant. A scholarship organization may charge each family that applies for a grant on behalf of one or more children of the family an administrative fee of not more than $25.

      2.  A scholarship organization shall:

      (a) Establish written procedures that the scholarship organization will use to determine whether a pupil meets the requirements to receive a grant pursuant to NRS 388D.270 and to award grants on behalf of pupils.

      (b) Post the procedures established pursuant to paragraph (a) on an Internet website maintained by the scholarship organization and provide a written copy of the procedures with each application form.

      (c) Provide an application form to be completed by an applicant for a grant. A scholarship organization may only award a grant on behalf of a pupil for whom a complete application is submitted but is not required to award a grant to a pupil solely because his or her application is complete.

      (d) Verify annually that each pupil on behalf of whom the scholarship organization awards a grant is a member of a household that has a household income which is not more than 300 percent of the federally designated level signifying poverty. Such verification must:

 


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             (1) Use the most recent federal poverty guidelines published in the Federal Register by the United States Department of Health and Human Services; and

             (2) Calculate household income based on the information reported in the application submitted on behalf of the pupil and in accordance with the most recent guidance established by the Food and Nutrition Service of the United States Department of Agriculture for determining eligibility of pupils for free and reduced-price meals.

      3.  A scholarship organization shall award grants on behalf of pupils in the following order of priority:

      (a) A grant must be awarded for the current school year on behalf of a pupil for whom a completed application was received on or before the deadline for the submission of such applications by the scholarship organization and on whose behalf a grant was awarded for the immediately preceding school year before a grant is awarded on behalf of any other pupil.

      (b) A grant must be awarded on behalf of a pupil for whom a completed application was received on or before the deadline for the submission of such applications by the scholarship organization and who is the sibling of a pupil on whose behalf a grant has been awarded for the current school year before a grant is awarded on behalf of other pupils.

      (c) A grant must be awarded on behalf of a pupil who is not described in paragraph (a) or (b) in the order in which the completed application is received. If there are an insufficient number of grants available to award a grant on behalf of each pupil for whom a complete application was received on the same day:

             (1) A grant must be awarded on behalf of a pupil who is a member of a household that has a lower household income before a grant is awarded on behalf of a pupil who is a member of a household that has a higher household income;

             (2) If two or more applicants are members of households that have the same household income, a grant must be awarded on behalf of the pupil who is enrolled in a public school that has received a lower rating based on the most recent annual report of the statewide system of accountability for public schools before a grant is awarded on behalf of a pupil who is enrolled in a public school that has received higher ratings; and

             (3) If two or more applicants are members of households that have the same household income and attend public schools that received the same rating based on the most recent annual report of the statewide system of accountability for public schools, grants must be awarded on behalf of pupils in this category on a random basis.

      Sec. 31.8. NRS 388D.250 is hereby amended to read as follows:

      388D.250  NRS 363A.139, 363B.119 and 388D.250 to 388D.280, inclusive, and sections 31.2 to 31.7, inclusive, of this act may be cited as the Nevada Educational Choice Scholarship Program.

      Sec. 32. NRS 388D.260 is hereby amended to read as follows:

      388D.260  As used in NRS 388D.250 to 388D.280, inclusive, and sections 30 to 31.7, inclusive, of this act, unless the context otherwise requires, “scholarship organization” means an organization in this State that meets the requirements set forth in NRS 388D.270.

 


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      Sec. 33. NRS 388D.270 is hereby amended to read as follows:

      388D.270  1.  A scholarship organization must:

      (a) Be exempt from taxation pursuant to section 501(c)(3) of the Internal Revenue Code, 26 U.S.C. § 501(c)(3).

      (b) Not own or operate any school in this State, including, without limitation, a private school, which receives any grant money pursuant to the Nevada Educational Choice Scholarship Program.

      (c) Accept donations from taxpayers and other persons and may also solicit and accept gifts and grants.

      (d) Not expend more than 5 percent of the total amount of money accepted pursuant to paragraph (c) to pay its administrative expenses.

      (e) Provide grants on behalf of pupils who are members of a household that has a household income which is not more than 300 percent of the federally designated level signifying poverty to allow those pupils to attend schools in this State chosen by the parents or legal guardians of those pupils, including, without limitation, private schools. The total amount of a grant provided by the scholarship organization on behalf of a pupil pursuant to this paragraph must not exceed $7,755 for Fiscal Year 2015-2016.

      (f) Not limit to a single school the schools for which it provides grants.

      (g) Except as otherwise provided in paragraph (e), not limit to specific pupils the grants provided pursuant to that paragraph.

      2.  The maximum amount of a grant provided by the scholarship organization pursuant to paragraph (e) of subsection 1 must be adjusted on July 1 of each year for the fiscal year beginning that day and ending June 30 in a rounded dollar amount corresponding to the percentage of increase in the Consumer Price Index (All Items) published by the United States Department of Labor for the preceding calendar year. On May 1 of each year, the Department of Education shall determine the amount of increase required by this subsection, establish the adjusted amounts to take effect on July 1 of that year and notify each scholarship organization of the adjusted amounts. The Department of Education shall also post the adjusted amounts on its Internet website.

      3.  A grant provided on behalf of a pupil pursuant to subsection 1 must be paid directly to the school chosen by the parent or legal guardian of the pupil. Each school that receives such a grant, including, without limitation, a private school, must comply with the requirements set forth in sections 30 and 31 of this act.

      4.  A scholarship organization shall provide each taxpayer and other person who makes a donation, gift or grant of money to the scholarship organization pursuant to paragraph (c) of subsection 1 with an affidavit, signed under penalty of perjury, which includes, without limitation:

      (a) A statement that the scholarship organization satisfies the requirements set forth in subsection 1; and

      (b) The total amount of the donation, gift or grant made to the scholarship organization.

      5.  Each school in which a pupil is enrolled for whom a grant is provided by a scholarship organization shall maintain a record of the academic progress of the pupil. The record must be maintained in such a manner that the information may be aggregated and reported for all such pupils . [if reporting is required by the regulations of the Department of Education.] On or before August 1 of each year, each school in which a pupil is enrolled for whom a grant is provided by a scholarship organization shall submit to the Department of Education a report on the academic progress of all such pupils enrolled in the school during the immediately preceding school year.

 


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organization shall submit to the Department of Education a report on the academic progress of all such pupils enrolled in the school during the immediately preceding school year. The report must be in such form as the Department may prescribe by regulation and:

      (a) Include, without limitation:

             (1) The name and grade level of each such pupil;

             (2) Information concerning the academic performance of each such pupil, including, without limitation, grades and progress assessments;

             (3) Information concerning any disciplinary action taken against each such pupil, including, without limitation, if the pupil was suspended or expelled; and

             (4) A comparison of the academic performance of each such pupil during the immediately preceding school year and the school year before that, if the pupil attended the school both years or information is otherwise available for both years.

      (b) Be accompanied by a statement signed by the owner, executive head or chair of the governing body of the school certifying under penalty of perjury that, to the best of his or her knowledge or belief, the information included in the report is complete and accurate.

      6.  The Department of Education:

      (a) Shall adopt regulations prescribing the contents of and procedures for applications for grants provided pursuant to subsection 1.

      (b) May adopt such other regulations as the Department determines necessary to carry out the provisions of this section.

      (c) Shall compile and analyze the data submitted by schools pursuant to subsection 5 to evaluate the impact of the Nevada Educational Choice Scholarship Program and submit, on or before February 1 of each year, an anonymized summary of the data and any recommendations for legislation to:

             (1) The Governor;

             (2) The State Board; and

             (3) The Director of the Legislative Counsel Bureau for transmittal to:

                   (I) In odd-numbered years, the next regular session of the Legislature; and

                   (II) In even-numbered years, the Joint Interim Standing Committee on Education.

      7.  The reporting required pursuant to subsections 5 and 6 must be performed in a manner that complies with the Family Educational Rights and Privacy Act of 1974, 20 U.S.C. §§ 1232g, and any other applicable state and federal privacy laws.

      8.  If a school fails to comply with the provisions of subsection 5, the Department of Education may suspend or disqualify the school from receiving grants on behalf of pupils under the Nevada Educational Choice Scholarship Program. A scholarship organization shall not make a grant on behalf of a pupil to a school that has been suspended or disqualified from receiving grants pursuant to this subsection.

      9.  As used in this section, “private school” has the meaning ascribed to it in NRS 394.103.

 


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      Sec. 33.1. Chapter 388G of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  Beginning July 1, 2026, the board of trustees of a school district may establish a pilot program to designate a public school within the school district as an innovation school. The State Public Charter School Authority may designate a charter school sponsored by the Authority as an innovation school. The purpose of an innovation school is to implement innovative educational practices designed to improve pupil achievement, increase educational equity and address specific challenges within the public school or community it serves.

      2.  A public school may be designated as an innovation school only if:

      (a) At least 25 percent of the staff assigned to the public school express interest in the designation;

      (b) More than 50 percent of the staff assigned to the public school vote in favor of the designation; and

      (c) Any collective bargaining rights and agreements remain in effect after the designation.

      3.  To be designated as an innovation school, a public school must develop an innovation plan that:

      (a) Identifies specific challenges or barriers to pupil achievement and proposes evidence-based strategies to address those challenges or barriers;

      (b) Outlines measurable goals and performance benchmarks;

      (c) Details the autonomies requested, including, without limitation, autonomy in any or all of the following:

             (1) Curriculum;

             (2) Budgeting;

             (3) Staffing;

             (4) Scheduling; or

             (5) Professional development; and

      (d) Describes methods for engaging stakeholders, including, without limitation, teachers, parents and community members in the development and implementation of the innovation plan.

      4.  A public school that has developed an innovation plan pursuant to subsection 3 shall submit the innovation plan to the board of trustees of the school district or the State Public Charter School Authority, as applicable. The board of trustees or State Public Charter School Authority shall review the plan and, if the plan is satisfactory, designate the public school as an innovation school.

      5.  The board of trustees or State Public Charter School Authority, as applicable, shall subject an innovation school to heightened measures of accountability to ensure that the proposed innovations lead to measurable improvements in pupil outcomes. An innovation school shall provide to the entity that designated the innovation school an annual progress report that includes, without limitation:

      (a) Performance of pupils on standardized assessments and other academic benchmarks;

      (b) Progress toward goals specified in the innovation plan; and

      (c) Stakeholder engagement and satisfaction metrics.

      6.  The Department may revoke the designation of an innovation school if the innovation school fails to meet the performance benchmarks outlined in its innovation plan or does not comply with applicable laws and regulations.

 


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      7.  A group of innovation schools serving geographically proximate or thematically aligned populations of pupils may be designated as an innovation zone by the board of trustees of a school district or the State Public Charter School Authority, as applicable. The innovation schools within an innovation zone may collaborate on shared goals, resources and strategies while maintaining school-level autonomy as outlined in their respective innovation plans.

      8.  The board of trustees of a school district or the sponsor of a charter school, as applicable, shall ensure that an innovation school has access to adequate resources to implement effectively its innovation plan. A pilot innovation school may apply for grants or other funding opportunities provided by the State or the Federal Government to support innovative educational practices.

      9.  The pilot innovation school program established pursuant to this section may include:

      (a) Not more than three pilot innovation schools in each county whose population is 100,000 or more.

      (b) Not more than one pilot innovation school in each county whose population is less than 100,000.

      10.  The Department shall adopt regulations prescribing the method for reviewing and approving a pilot innovation school pursuant to subsection 3.

      Sec. 33.2. NRS 388G.510 is hereby amended to read as follows:

      388G.510  As used in NRS [388G.500] 388G.510 to 388G.810, inclusive, unless the context otherwise requires, the words and terms defined in NRS 388G.515 to 388G.560, inclusive, have the meanings ascribed to them in those sections.

      Sec. 33.3. NRS 388G.535 is hereby amended to read as follows:

      388G.535  “Local school precinct” means a public school [which is deemed to be a local school precinct pursuant to NRS 388G.600.] within a large school district, including, without limitation, any school operating as a specialty school.

      Sec. 33.4. (Deleted by amendment.)

      Sec. 33.5. NRS 388G.570 is hereby amended to read as follows:

      388G.570  1.  Except as otherwise provided in this section, the provisions of NRS [388G.500] 388G.510 to 388G.810, inclusive, apply to each large school district.

      2.  If any school district that is not a large school district at the beginning of a school year becomes a large school district during the school year, the provisions of NRS [388G.500] 388G.510 to 388G.810, inclusive, apply to that school district at the beginning of the immediately succeeding school year.

      Sec. 33.52. NRS 388G.580 is hereby amended to read as follows:

      388G.580  1.  The Superintendent of Public Instruction shall take such actions as deemed necessary and appropriate to ensure that each large school district carries out the reorganization of the school district in accordance with NRS [388G.500] 388G.510 to 388G.810, inclusive, and any regulations adopted pursuant thereto.

      2.  Each large school district shall cooperate with the Superintendent of Public Instruction in carrying out the provisions of NRS [388G.500] 388G.510 to 388G.810, inclusive, including, without limitation, by providing any financial or other information requested, including any information requested to ensure that the intent of the provisions of NRS [388G.500] 388G.510 to 388G.810, inclusive, is carried out.

 


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any financial or other information requested, including any information requested to ensure that the intent of the provisions of NRS [388G.500] 388G.510 to 388G.810, inclusive, is carried out.

      3.  Information that may be requested pursuant to subsection 2 and which each large school district must provide upon request to the Superintendent of Public Instruction includes, without limitation:

      (a) Budgets for personnel, excluding any personally identifiable information and names, made available by local school precinct and job function;

      (b) Expenditures made by the large school district, including, without limitation, expenditures for programs, support, transportation, police, legal services, food services, internal services, settlements and risk management payments;

      (c) The amount paid for general administrative services, including, without limitation, the salaries of administrators, staff of central services and school administrators, the salaries of the members of the board of trustees of the large school district and support services for the board of trustees, and other amounts paid for central services and school administration; and

      (d) Detailed information regarding other budgetary items of the large school district, including, without limitation, identification of all sources of money available to the large school district, expenditures of money for buildings, capital projects, federally funded projects and state funded projects and any other expenditures of money.

      4.  Each large school district shall provide any information requested pursuant to subsection 2 as soon as possible and in the format requested by the Superintendent of Public Instruction. If the large school district is unable to provide the information in the format requested, the information must be provided in another easily interpreted format that is approved by the Superintendent of Public Instruction.

      Sec. 33.53. NRS 388G.590 is hereby amended to read as follows:

      388G.590  The State Board shall adopt such regulations as it deems necessary and appropriate to carry out the provisions of NRS [388G.500] 388G.510 to 388G.810, inclusive.

      Sec. 33.54. NRS 388G.600 is hereby amended to read as follows:

      388G.600  1.  Except as otherwise provided in this subsection, each public school within a large school district shall be deemed a local school precinct, including, without limitation, any school operating as a specialty school. A charter school or university school for profoundly gifted pupils shall not be deemed a local school precinct.

      2.  [Each local school precinct must operate using site-based decision-making in which certain authority to carry out responsibilities is transferred from the large school district to the local school precinct as set forth in NRS 388G.610.

      3.]  On and after May 8, 2017, a specialty school must not be reduced in size or converted into any other type of school unless otherwise specifically provided by law or:

      (a) The reduction or conversion is recommended by the local school precinct and approved by the superintendent and the board of trustees of the large school district; or

 


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      (b) The superintendent with the approval of the board of trustees of the large school district, determines that there is good cause to reduce the size of the specialty school or convert the specialty school into another type of school.

      [4.] 3.  This section does not authorize a local school precinct:

      (a) To change, grant a waiver regarding or in any way affect any zone of attendance which has been established pursuant to NRS 388.040.

      (b) To change the policy of the large school district concerning the eligibility and selection of a pupil to attend a specialty school.

      Sec. 33.56. NRS 388G.650 is hereby amended to read as follows:

      388G.650  1.  On or before January 15 of each year, to assist the local school precincts in preparing their budgets for the next school year, the superintendent shall establish and make public:

      (a) The average unit cost for each type of employee employed to work at a local school precinct which is determined based upon the average unit cost across the large school district. A separate average unit cost must be established for teachers and substitute teachers, respectively.

      (b) A list of equipment, services and supplies that a local school precinct may obtain from the large school district using the money allocated to the local school precinct and the cost for such equipment, services and supplies. The cost of such equipment, services and supplies must not exceed the actual cost to the large school district to provide the equipment, services and supplies to the local school precinct.

      2.  Except as otherwise provided in subsections 3 and 4, each local school precinct must carry forward its year-end balance to the next school year for use by the local school precinct. The large school district must account for any such amount that is carried forward as a restricted fund balance.

      3.  If the year-end balance carried forward pursuant to subsection 2 in any school year exceeds 5 percent of the actual expenditures of the local school precinct during the immediately preceding school year, the local school precinct shall spend the entire amount of money by which the year-end balance carried forward pursuant to subsection 2 exceeds 5 percent of the actual expenditures of the local school precinct during the immediately preceding school year for one or more of the following purposes, in order of priority:

      (a) Tutoring or other supplemental academic achievement programs within the local school precinct;

      (b) Programs to support social and emotional learning within the local school precinct;

      (c) Extracurricular programming for pupils within the local school precinct;

      (d) Tutoring or other supplemental academic achievement programs within the large school district;

      (e) Extracurricular programming for pupils within the large school district; and

      (f) Any other instructional training, program or activity designed and intended to improve the achievement of pupils enrolled in the local school precinct.

      4.  If a local school precinct fails to spend the entire amount of money by which the year-end balance carried forward pursuant to subsection 2 exceeds 5 percent of the actual expenditures of the local school precinct during the immediately preceding school year within 24 months after the end of the school year from which the year-end balance is carried forward, the large school district shall transfer the amount of money by which the balance carried forward exceeded 5 percent of the actual expenditures of the local school precinct during the immediately preceding school year, less any amount spent by the local school precinct pursuant to subsection 3, to the Education Stabilization Account created by NRS 387.1213.

 


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during the immediately preceding school year within 24 months after the end of the school year from which the year-end balance is carried forward, the large school district shall transfer the amount of money by which the balance carried forward exceeded 5 percent of the actual expenditures of the local school precinct during the immediately preceding school year, less any amount spent by the local school precinct pursuant to subsection 3, to the Education Stabilization Account created by NRS 387.1213. The local school precinct shall reduce any balance carried forward by any amount transferred to the Education Stabilization Account pursuant to this subsection.

      5.  A large school district [shall not] may intervene to require a local school precinct to [use either] spend the money [expended] carried forward pursuant to subsection [3 or 4, or] 2 on the programs and activities [supported by such money, to supplant any duty, responsibility or funding owed by the large school district to any local school precinct.] described in paragraphs (a) to (f), inclusive, of subsection 3.

      Sec. 33.57. NRS 388G.660 is hereby amended to read as follows:

      388G.660  1.  On or before January 15 of each year, the superintendent shall establish for the next school year [:

      (a) The] the estimated total amount of money to be received by the large school district from all sources, including any year-end balance that is carried forward, and shall identify the sources of such a year-end balance and whether the year-end balance is restricted. If the year-end balance is restricted, the superintendent shall identify the source of the restriction and the total of amount of money to be received by the large school district that is unrestricted. Money may only be identified as restricted if it is required by state or federal law, if it is proscribed by the Department or if it has been otherwise encumbered.

      [(b) The estimated percentage of the amount of money determined pursuant to paragraph (a) to be unrestricted that will be allocated to the local school precincts. The percentage must equal:

             (1) For the first school year in which the large school district operates pursuant to the provisions of NRS 388G.500 to 388G.810, inclusive, not less than 80 percent of the total amount of money from all sources received by the large school district that is unrestricted for the school year; and

             (2) For each subsequent school year, 85 percent of the total amount of money from all sources received by the large school district that is unrestricted for the school year.

      (c) The estimated amount of categorical funding to be received by the large school district and whether such funding is restricted in a manner that prohibits the large school district from including that categorical funding in the amount of funding per pupil that is allocated to the local school precincts.

      (d) The total estimated amount of money that will be allocated to each local school precinct as determined pursuant to NRS 388G.680.]

      2.  The superintendent shall post the information established pursuant to subsection 1 on the Internet website of the large school district and make the information available to any person upon request.

      Sec. 33.58. NRS 388G.680 is hereby amended to read as follows:

      388G.680  1.  [On] Each year, on or before [January 15 of each year,] a date determined by the superintendent, the superintendent shall inform each local school precinct of the estimated amount of money that will be allocated to the local school precinct for the next school year. The allocation must be based upon estimates by the large school district of the number of pupils in each category who will attend the local school precinct after applying the appropriate weight to each category of pupil .

 


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pupils in each category who will attend the local school precinct after applying the appropriate weight to each category of pupil . [as determined pursuant to NRS 388G.670.]

      2.  If an additional local school precinct is added in the large school district, for the purpose of determining the first allocation for the new local school precinct, the large school district must estimate the number of pupils in each category who will attend the new local school precinct and the effect on any existing local school precinct. If the opening of a new local school precinct is anticipated to reduce the number of pupils who will attend another local school precinct, for purposes of determining the allocation, the number of pupils must be adjusted accordingly.

      3.  The estimated amount of money allocated to each local school precinct for the next school year must be adjusted on or before November 1 of each year to reflect the actual number of pupils in each category who attend the local school precinct.

      Sec. 33.59. NRS 388G.690 is hereby amended to read as follows:

      388G.690  1.  On or before November 1 of the year after the first year that a large school district operates pursuant to the provisions of NRS [388G.500] 388G.510 to 388G.810, inclusive, and on or before [November 1] a date determined by the superintendent of each year thereafter, the superintendent shall determine for the immediately preceding school year:

      (a) The total per pupil allocation made to each local school precinct in the large school district and the actual amount expended by the large school district for the local school precinct;

      (b) The amount budgeted by each local school precinct for teacher salaries and benefits and the actual amount expended by the large school district for teacher salaries and benefits for teachers employed at each local school precinct;

      (c) The number of teacher vacancies at each local school precinct and the amount of money included in the allocation to that local school precinct which the local school precinct used for other purposes as a result of those vacancies; and

      (d) The amount budgeted by each local school precinct for each type of employee other than teachers and the actual amount expended by the large school district for salaries and benefits of such employees at each local school precinct.

      2.  The superintendent shall post the information determined pursuant to subsection 1 on the Internet website of the large school district and make the information available to any person upon request.

      Secs. 33.6 and 33.7. (Deleted by amendment.)

      Sec. 33.8. NRS 388G.740 is hereby amended to read as follows:

      388G.740  1.  An organizational team shall:

      (a) Provide assistance and advice to the principal of the local school precinct regarding the development of the plan of operation for the local school precinct and vote on whether to approve that plan of operation;

      (b) Provide continued assistance and advice to the principal of the local school precinct in carrying out the plan of operation for the local school precinct; and

      (c) Whenever a vacancy occurs in the position of principal for the local school precinct, assist with the selection of the next principal in accordance with the provisions of this section.

 


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      2.  The organizational team may provide input regarding the principal of the local school precinct to the school associate superintendent not more than two times each school year.

      3.  Whenever a vacancy occurs in the position of principal for the local school precinct, the organizational team shall establish a list of qualifications that the organizational team determines are desirable for the next principal of the local school precinct and provide the list to the superintendent. The list of qualifications must include, without limitation, qualifications relating to the:

      (a) Employment history of the candidate;

      (b) Ability of the candidate to connect and communicate with pupils;

      (c) Ability of the candidate to provide a safe and respectful learning environment pursuant to NRS 388.1321; and

      (d) Strategies the candidate would implement to improve the achievement of pupils.

      4.  The superintendent shall post notice of the vacancy pursuant to subsection 3. The superintendent shall interview qualified candidates and establish a list of at least three but not more than five candidates to submit to the organizational team. One member of the organizational team must be allowed to participate in interviewing candidates with the superintendent.

      5.  From the list of candidates submitted by the superintendent pursuant to subsection 4, the organizational team shall [rank the] indicate a preference of candidates for the position of principal [by preference] and submit a [list with that ranking] written indication of the preference within 15 school days after receipt of the recommendation. The superintendent, [in consultation] after consulting with the school associate superintendent [,] and the written indication of preference submitted by the organizational team, must select a candidate to hire for the position of principal. Before any vote on the selected candidate, the school associate superintendent responsible for the local school precinct must make every effort to notify the members of the organizational team for the local school precinct of the date, time and location of the scheduled vote. [The organizational team may reject the selection of the candidate if at least 75 percent of the members of the organizational team who are present at the time of the vote elect to do so. The superintendent must then select a candidate from the remaining members of the list submitted pursuant to subsection 4.]

      6.  Each person who participates in interviewing candidates pursuant to this section shall comply with all laws that apply to an employer when making a decision about employment.

      7.  After the principal of the local school precinct is hired, the superintendent may, in his or her sole discretion, reassign and make other employment decisions concerning the principal.

      Sec. 33.9. NRS 388G.810 is hereby amended to read as follows:

      388G.810  1.  On or before October 1 of each year, the superintendent shall prepare a report with information from the school year before the immediately preceding school year which includes, without limitation:

      (a) [A summary of the responsibilities for which authority to carry out was transferred to the local school precincts pursuant to NRS 388G.610;

      (b)] A summary of the results of the surveys administered pursuant to NRS 388G.800;

 


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      [(c)] (b) An assessment of the performance of the local school precincts based upon specific measures of achievement which are established by the superintendent on or before January 1 of the immediately preceding school year;

      [(d)] (c) An assessment of the effectiveness of operating local school precincts and the large school district in the manner set forth in NRS [388G.500] 388G.510 to 388G.810, inclusive; and

      [(e)] (d) Any recommendations for regulations or legislation to improve the operation of the local school precincts and the large school district in the manner set forth in NRS [388G.500] 388G.510 to 388G.810, inclusive.

      2.  The superintendent shall forward the report prepared pursuant to subsection 1 to the:

      (a) Governor;

      (b) Superintendent of Public Instruction; and

      (c) Director of the Legislative Counsel Bureau for transmittal to the members of the Legislature.

      Sec. 33.93. Chapter 389 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  To the extent that money is available, the Department shall establish a pilot program pursuant to which schools selected to participate in the pilot program integrate science, technology, engineering and mathematics into instruction in literacy in kindergarten and grades 1, 2 and 3.

      2.  To carry out the pilot program, the Department shall issue a request for proposals from schools or groups of schools to apply for a grant of money to integrate science, technology, engineering and mathematics into instruction in literacy in kindergarten and grades 1, 2 and 3. In response to such a request for proposals, a school or group of schools may apply to the Department for such a grant.

      3.  In determining whether to approve an application for a grant submitted pursuant to subsection 2, the Department shall consider:

      (a) The quality of the proposed curricula for a program that integrates texts related to science, technology, engineering and mathematics into instruction in literacy in kindergarten and grades 1, 2 and 3 that uses scientifically based reading research;

      (b) The proposed instructional strategies; and

      (c) The extent to which the approach to instruction is innovative.

      4.  Not later than June 1 of the year following the implementation of the pilot program, a school or group of schools receiving a grant of money under the pilot program shall submit to the Department a report that summarizes:

      (a) The initial outcomes of the use of the grant received from the pilot program, including, without limitation, measurable progress of the foundational literacy skills of pupils;

      (b) Feedback from teachers and administrators at the school or group of schools who participated in the pilot program; and

      (c) Recommendations for the integration of science, technology, engineering and mathematics into instruction in literacy in kindergarten and grades 1, 2 and 3 throughout this State.

      5.  The Department shall present the findings of the pilot program to the State Board, and the Department shall determine whether to:

 


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      (a) Extend the pilot program for an additional year;

      (b) Expand the pilot program to additional schools; or

      (c) Discontinue the pilot program.

      6.  As used in this section, “scientifically based reading research” means research that employs rigorous, systematic and objective:

      (a) Methods to gain knowledge from multiple disciplines to understand how children learn to read;

      (b) Strategies or methods to teach children to read; and

      (c) Approaches to overcome reading difficulties.

      Sec. 33.95. NRS 389.026 is hereby amended to read as follows:

      389.026  1.  The State Board shall develop a model curriculum for the subject areas of English language arts and mathematics for each grade level in kindergarten and grades 1 to 12, inclusive. The State Board shall use the results of the pilot program established pursuant to section 33.93 of this act to determine whether the model curriculum for the subject area of English language arts for each grade level in kindergarten and grades 1, 2 and 3 should include, without limitation, phonics-based instruction and the integration of science, technology, engineering and mathematics into instruction in English language arts.

      2.  The Department shall provide each model curriculum developed pursuant to subsection 1 to:

      (a) The board of trustees of each school district; and

      (b) The governing body of each regional training program for the professional development of teachers and administrators.

      3.  The Department shall provide to the governing body of each charter school the model curriculum developed pursuant to subsection 1 for the grade levels taught at the charter school.

      4.  The board of trustees of each school district shall make available to each public school within the school district the model curriculum for the grade levels taught at the public school.

      5.  The model curriculum may be used as a guide by teachers and administrators in developing class lesson plans to ensure compliance with the academic standards adopted for English language arts and mathematics.

      6.  The governing body of each regional training program for the professional development of teachers and administrators may use the model curriculum in the provision of training to teachers and administrators to ensure compliance with the academic standards adopted for English language arts and mathematics.

      Sec. 33.97. NRS 389.520 is hereby amended to read as follows:

      389.520  1.  The Council shall:

      (a) Establish standards of content and performance, including, without limitation, a prescription of the resulting level of achievement, for the grade levels set forth in subsection 5, based upon the content of each course, that is expected of pupils for the following courses of study:

             (1) English language arts;

             (2) Mathematics;

             (3) Science;

             (4) Social studies, which includes only the subjects of history, geography, economics, civics, financial literacy and multicultural education;

             (5) The arts;

             (6) Computer education and technology, which includes computer science and computational thinking;

 


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             (7) Health;

             (8) Physical education; and

             (9) A foreign or world language.

      (b) Establish a schedule for the periodic review and, if necessary, revision of the standards of content and performance. The review must include, without limitation, the review required pursuant to NRS 390.115 of the results of pupils on the examinations administered pursuant to NRS 390.105.

      (c) Assign priorities to the standards of content and performance relative to importance and degree of emphasis and revise the standards, if necessary, based upon the priorities.

      2.  The standards for computer education and technology must include a policy for the ethical, safe and secure use of computers and other electronic devices. The policy must include, without limitation:

      (a) The ethical use of computers and other electronic devices, including, without limitation:

             (1) Rules of conduct for the acceptable use of the Internet and other electronic devices; and

             (2) Methods to ensure the prevention of:

                   (I) Cyber-bullying;

                   (II) Plagiarism; and

                   (III) The theft of information or data in an electronic form;

      (b) The safe use of computers and other electronic devices, including, without limitation, methods to:

             (1) Avoid cyber-bullying and other unwanted electronic communication, including, without limitation, communication with on-line predators;

             (2) Recognize when an on-line electronic communication is dangerous or potentially dangerous; and

             (3) Report a dangerous or potentially dangerous on-line electronic communication to the appropriate school personnel;

      (c) The secure use of computers and other electronic devices, including, without limitation:

             (1) Methods to maintain the security of personal identifying information and financial information, including, without limitation, identifying unsolicited electronic communication which is sent for the purpose of obtaining such personal and financial information for an unlawful purpose;

             (2) The necessity for secure passwords or other unique identifiers;

             (3) The effects of a computer contaminant;

             (4) Methods to identify unsolicited commercial material; and

             (5) The dangers associated with social networking Internet sites; and

      (d) A designation of the level of detail of instruction as appropriate for the grade level of pupils who receive the instruction.

      3.  The standards for social studies must include multicultural education, including, without limitation, information relating to contributions made by men and women from various racial and ethnic backgrounds. The Council shall consult with members of the community who represent the racial and ethnic diversity of this State in developing such standards.

      4.  The standards for health must include mental health and the relationship between mental health and physical health.

 


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      5.  The Council shall establish standards of content and performance for each grade level in kindergarten and grades 1 to 8, inclusive, for English language arts and mathematics. The Council shall establish standards of content and performance for the grade levels selected by the Council for the other courses of study prescribed in subsection 1. The standards for kindergarten and grades 1, 2 and 3 for English language arts must:

      (a) Incorporate phonics-based instruction, including, without limitation, phonics-based foundational literacy skills that focus on explicit, systematic, sequential and cumulative instruction in:

             (1) Phonological and phonemic awareness;

             (2) Phonics, including, without limitation, decoding and encoding;

             (3) Fluency;

             (4) Vocabulary; and

             (5) Comprehension; and

      (b) Integrate science, technology, engineering and mathematics texts into instruction in English language arts to expose pupils to foundational concepts in science, technology, engineering and mathematics through engaging and age-appropriate reading materials.

      6.  The Council shall forward to the State Board the standards of content and performance established by the Council for each course of study. The State Board shall:

      (a) Adopt the standards for each course of study, as submitted by the Council; or

      (b) If the State Board objects to the standards for a course of study or a particular grade level for a course of study, return those standards to the Council with a written explanation setting forth the reason for the objection.

      7.  If the State Board returns to the Council the standards of content and performance for a course of study or a grade level, the Council shall:

      (a) Consider the objection provided by the State Board and determine whether to revise the standards based upon the objection; and

      (b) Return the standards or the revised standards, as applicable, to the State Board.

Κ The State Board shall adopt the standards of content and performance or the revised standards, as applicable.

      8.  The Council shall work in cooperation with the State Board to prescribe the examinations required by NRS 390.105.

      9.  As used in this section:

      (a) “Computer contaminant” has the meaning ascribed to it in NRS 205.4737.

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

      (c) “Electronic communication” has the meaning ascribed to it in NRS 388.124.

      Sec. 34. Chapter 390 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  Each school within a school district shall, on or before July 1 of each year, prepare and submit to the board of trustees of the school district a report detailing the aggregate amount of class time used for preparing for and conducting examinations and assessments during the immediately preceding school year.

      2.  The board of trustees of each school district shall, on or before July 31 of each year, submit to the Department each report received pursuant to subsection 1.

 


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      3.  The Department shall, on or before January 1 of each year, submit each report received pursuant to subsection 2 to the Director of the Legislative Counsel Bureau for transmittal to:

      (a) In odd-numbered years, the Senate and Assembly Standing Committees on Education; and

      (b) In even-numbered years, the Joint Interim Standing Committee on Education.

      4.  The Department shall:

      (a) On or before January 1, 2027, develop a plan to provide assistance to schools that exceed the limitation described in paragraph (a) of subsection 2 of NRS 390.805; and

      (b) Create a corrective action plan for each such school to limit the time to prepare for or conduct an examination or assessment to not more than 2 percent of the total number of annual minutes of attendance required for a pupil.

      5.  As used in this section, unless the context otherwise requires, “examination or assessment” has the meaning ascribed to it in NRS 390.805.

      Sec. 35. NRS 390.805 is hereby amended to read as follows:

      390.805  1.  The Department shall adopt regulations that, for an examination or assessment administered pursuant to this chapter or required to be administered by the board of trustees of a school district, the governing body of a charter school or a public school on a district-wide or school-wide basis, as applicable, prescribe limits on the:

      (a) Actual time taken from [instruction] a school day to prepare for or conduct an examination or assessment; and

      (b) Number of examinations or assessments administered to pupils in a school year.

      2.  The regulations adopted by the Department pursuant to subsection 1 must:

      (a) Except as otherwise provided in paragraph (b), prohibit using more than 2 percent of the total number of annual minutes of attendance required for a pupil, excluding time prescribed for recess, for preparing for or conducting an examination or assessment; and

      (b) Provide exceptions from the limitation described in paragraph (a):

             (1) That are necessary to comply with the requirements of federal law, including, without limitation, the Individuals with Disabilities Education Act, 20 U.S.C. §§ 1400 et seq., and section 204 of the Equal Educational Opportunities Act of 1974, 20 U.S.C. § 1703(f);

             (2) For a pupil who is being administered an examination or assessment as a result of the pupil participating in:

                   (I) An advanced placement course;

                   (II) An international baccalaureate course;

                   (III) A program of career and technical education; or

                   (IV) Any plan, procedure, program or service for the purpose of improving the literacy of pupils enrolled in an elementary school pursuant to NRS 388.157; and

             (3) For a pupil who is administered an examination or assessment to screen for any special needs of the pupil, including, without limitation, any difficulty in English language acquisition or any disability.

      3.  If the board of trustees of a school district or the governing body of a charter school intends to administer an examination or assessment that would exceed a limitation in a regulation adopted by the Department pursuant to subsection 1, the board of trustees of the school district or the governing body of the charter school must request a waiver from the State Board to exceed the limitation.

 


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exceed a limitation in a regulation adopted by the Department pursuant to subsection 1, the board of trustees of the school district or the governing body of the charter school must request a waiver from the State Board to exceed the limitation. The State Board may grant a waiver requested pursuant to this subsection if the State Board deems it appropriate.

      4.  As used in this section, “examination or assessment” means a federal, state or locally mandated test that is intended to measure the academic readiness, learning progress and skill acquisition of a pupil. The term does not include:

      (a) A quiz or test developed by a teacher or time devoted to quizzes, examinations, reviews of portfolios or evaluations of performance that are initiated by a teacher; or

      (b) A test that is not administered to all pupils but is administered to a subset of pupils to obtain data based on statistical sampling.

      Sec. 36. Chapter 391 of NRS is hereby amended by adding thereto the provisions set forth as sections 37 to 38.8, inclusive, of this act.

      Sec. 37. 1.  There is hereby created the Commission on Recruitment and Retention within the Department, consisting of:

      (a) The following five nonvoting, ex officio members:

             (1) The Superintendent of Public Instruction, or his or her designee;

             (2) The Chancellor of the Nevada System of Higher Education, or his or her designee; and

             (3) The Dean of the College of Education at:

                   (I) The University of Nevada, Reno;

                   (II) The University of Nevada, Las Vegas; and

                   (III) Nevada State University; and

      (b) The following 17 voting members:

             (1) One member who works in the field of human resources, appointed by the Governor;

             (2) One member who is a representative of a private business or industry of this State, appointed by the Governor;

             (3) Two members appointed by the Majority Leader of the Senate;

             (4) Two members appointed by the Speaker of the Assembly;

             (5) One member appointed by the Minority Leader of the Senate;

             (6) One member appointed by the Minority Leader of the Assembly;

             (7) One member who is a teacher and is a member of the Nevada State Education Association, appointed by the President of that Association;

             (8) One member who is a teacher and is a member of the Clark County Education Association, appointed by the President of that Association;

             (9) One member who is an education support professional at a school in this State, appointed by the Education Support Employees Association;

             (10) One member who is another licensed educational professional at a school in this State, appointed by the Clark County Education Association;

             (11) One member who is the superintendent of schools of a school district in this State, appointed by the Nevada Association of School Superintendents;

 


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             (12) One member who is an administrator at a school, appointed by the Nevada Association of School Administrators;

             (13) One member who is an elected member of the board of trustees of a school district in this State, appointed by the Nevada Association of School Boards or its successor organization;

             (14) One member appointed by the State Public Charter School Authority; and

             (15) One member who is a parent or legal guardian of a pupil enrolled in a public school in this State, appointed by the Nevada Parent Teacher Association.

      2.  The Majority Leader and Minority Leader of the Senate and the Speaker and Minority Leader of the Assembly shall coordinate their respective appointments of members pursuant to subsection 1 to ensure that:

      (a) Two members are representatives of a private business or industry of this State; and

      (b) Two members work in the field of human resources.

      3.  The Superintendent of Public Instruction shall call the first meeting of the Commission. At its first meeting and annually thereafter, the members of the Commission shall elect a Chair and Vice Chair from among the members of the Commission.

      4.  Members of the Commission serve without compensation, except that for each day or portion of a day during which a member of the Commission attends a meeting of the Commission or is otherwise engaged in the business of the Commission, the member is entitled to receive the per diem allowance and travel expenses provided for state officers and employees generally.

      5.  As used in this section, “education support professional” means a person, other than a teacher or administrator, who is employed to work at a public school. The term includes, without limitation:

      (a) Paraprofessionals;

      (b) School police officers, school resource officers and other providers of security services at a school;

      (c) School nurses;

      (d) School counselors;

      (e) School psychologists;

      (f) School social workers;

      (g) Drivers of school buses;

      (h) Secretaries;

      (i) Members of the custodial or maintenance staff; and

      (j) Workers in food services.

      Sec. 38. The Commission on Recruitment and Retention created by section 37 of this act shall:

      1.  Conduct a study of issues concerning the recruitment and retention of educators in this State, including, without limitation:

      (a) The use by school districts of a minimum salary scale for the compensation of teachers that would reflect the cost of living and include an annual cost of living increase;

      (b) Providing health insurance to educators through the Public Employees’ Benefits Program;

      (c) The allocation of funding for mentorship programs for educators;

 


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      (d) The allocation of funding for scholarships for students seeking to become a school counselor, school social worker or school psychologist;

      (e) The provision of Nevada Teacher Advancement Scholarships pursuant to NRS 391A.650 to 391A.695, inclusive;

      (f) The allocation of funding to school districts to assist a licensed teacher with obtaining an endorsement in a subject area in which a shortage of teachers has been identified by the Department or the school district; and

      (g) The establishment and funding of a program to provide forgiveness of student education loans to licensed teachers who have taught in this State for at least 5 consecutive years and are ineligible for other forms of loan forgiveness.

      2.  On or before November 15 of each odd-numbered year:

      (a) Prepare an interim report describing the activities taken by the Commission during the immediately preceding fiscal year; and

      (b) Submit the report to the Director of the Legislative Counsel Bureau for transmittal to the Joint Interim Standing Committee on Education.

      3.  On or before November 15 of each even-numbered year:

      (a) Prepare a report describing the findings of the study conducted pursuant to subsection 1 and any recommendations for legislation; and

      (b) Submit the report to the Director of the Legislative Counsel Bureau for transmittal to the Senate and Assembly Standing Committees on Education.

      Sec. 38.2. 1.  A school employee is immune from both criminal and civil liability for actions taken in good faith to intervene in physical altercations, fights or other incidents that pose an imminent risk to the safety of pupils, other school employees and persons in proximity to the altercation, fight or incident, provided that:

      (a) The school employee is acting within the course and scope of his or her employment and within the course and scope of his or her role in maintaining order, discipline or the safety of pupils;

      (b) The actions of the school employee are consistent with federal, state and local laws and the policies of the school district employing the school employee or the school at which the school employee is employed relating to the maintenance of safety and discipline; and

      (c) Any harm caused by the intervention was not the result of:

             (1) Willful or intentional misconduct;

             (2) Gross negligence;

             (3) Reckless misconduct; or

             (4) A conscious, flagrant indifference to the rights or safety of the person harmed.

      2.  If any school employee intervenes in a fight or altercation involving a pupil, the school employee shall report the incident to school administration as soon as practicable and in accordance with the policies and protocols established by the school district employing the school employee or the school at which the school employee is employed.

      3.  Each school or school district shall maintain a record of reports received pursuant to subsection 2 and use the records only to assess the need for additional training, support or policy adjustments to improve school safety practices.

 


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      4.  As used in this section:

      (a) “Intervene” or “intervention” means taking any physical or verbal action to prevent, separate or otherwise manage pupils in a manner designed to avoid imminent harm to pupils, school employees or others in proximity to the area in which such actions are taken.

      (b) “School employee” means a licensed or unlicensed person who is employed by:

             (1) A board of trustees of a school district pursuant to NRS 391.100 or 391.281; or

             (2) The governing body of a charter school.

      Sec. 38.3. 1.  In consultation with the Teacher and Leaders Council of Nevada created by NRS 391.455, the Department shall adopt regulations establishing a framework for the establishment of a performance improvement plan for a postprobationary administrator who receives an evaluation designating his or her overall performance as ineffective or minimally effective for 2 consecutive school years.

      2.  A performance improvement plan must be established for any postprobationary administrator who receives an evaluation designating his or her overall performance as ineffective or minimally effective for 2 consecutive school years.

      3.  A performance improvement plan established pursuant to subsection 2 must contain clear and measurable goals for the improvement of instructional practices, pupil engagement and academic outcomes that are aligned with educational standards in this State and that directly address areas of underperformance identified in the evaluations of the postprobationary administrator.

      4.  A postprobationary administrator for whom a performance improvement plan is established shall participate in programs of professional development training to address the areas of underperformance identified in the evaluations of the postprobationary administrator, including, without limitation, professional development training in:

      (a) Instructional strategies for improving pupil engagement and classroom differentiation;

      (b) Data-driven instruction and the use of formative assessments to track pupil progress; or

      (c) Classroom management techniques and behavioral interventions to promote a positive learning environment.

      5.  Each school district and governing body of a charter school shall ensure that an experienced mentor or leadership coach is assigned to each postprobationary administrator for whom a performance improvement plan is established. The mentor or leadership coach shall:

      (a) Provide regular feedback;

      (b) Conduct classroom observations; and

      (c) Assist the administrator in developing and implementing new instructional strategies.

      6.  At least once each school quarter, the principal of the school of a postprobationary administrator for whom a performance improvement plan is established, or the superintendent of schools of a school district or his or her designee if the postprobationary administrator is a principal, shall review and assess the progress of the postprobationary administrator toward achieving the goals of the performance improvement plan.

 


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      Sec. 38.4. 1.  The superintendent of schools of a school district or the governing body of a charter school may place a postprobationary administrator on probation for a period of 2 school years if, based on the evaluation of the postprobationary administrator pursuant to NRS 391.710, the superintendent or governing body determines that the postprobationary administrator:

      (a) Is consistently ineffective in meeting instructional practice standards, pupil performance standards and classroom management standards; or

      (b) Fails to demonstrate adequate progress under a performance improvement plan established pursuant to section 38.3 of this act.

      2.  Upon placing a postprobationary administrator on probation pursuant to subsection 1, the superintendent or governing body shall give written notice to the postprobationary administrator that the postprobationary administrator has been placed on probation pursuant to this section. The written notice must contain an explanation of areas of underperformance for which the postprobationary administrator has been placed on probation pursuant to this section and a performance improvement plan established pursuant to section 38.3 of this act that details the support and interventions that will be provided to the postprobationary administrator.

      3.  Except as otherwise provided in this subsection, during a period of probation imposed pursuant to this section, the postprobationary administrator must not be reassigned or transferred to another school in the school district or otherwise employed at another school or charter school in the school district. The postprobationary administrator may be reassigned or transferred during a period of probation imposed pursuant to this section if the reassignment or transfer is required because of low enrollment, program elimination or other district-wide or school-wide operational needs. Any such transfer or reassignment must be made in accordance with the policies and procedures of the school district or charter school, and such reassignment or transfer must not conflict with the terms of the period of probation imposed pursuant to this section.

      4.  Upon the conclusion of a period of probation imposed pursuant to this section, the postprobationary administrator must be evaluated to determine whether the postprobationary administrator has met improvement goals. If, based on the evaluation, the postprobationary administrator:

      (a) Has met the improvement goals, the postprobationary administrator must be removed from probation.

      (b) Has shown improvement and progress toward meeting the improvement goals, the period of probation imposed pursuant to this section may be extended for 1 additional school year and the postprobationary administrator must continue to receive support and monitoring under a performance improvement plan established pursuant to section 38.3 of this act.

      (c) Has failed to make adequate progress toward achieving the improvement goals, the postprobationary administrator may be given notice pursuant to NRS 391.820 that the postprobationary administrator will not be reemployed or the superintendent may initiate the process for dismissing the postprobationary administrator pursuant to NRS 391.822, 391.824 and 391.826. A postprobationary administrator who is not reemployed or for whom a process for dismissal is initiated pursuant to NRS 391.822, 391.824 and 391.826 may apply for another position within the school district or charter school, as applicable.

 


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reemployed or for whom a process for dismissal is initiated pursuant to NRS 391.822, 391.824 and 391.826 may apply for another position within the school district or charter school, as applicable.

      5.  A postprobationary administrator who is placed on probation pursuant to this section shall be deemed a probationary employee for the purposes of NRS 391.650 to 391.826, inclusive, and must serve an additional probationary period in accordance with the provisions of NRS 391.820, except that the duration of that period of probation must be determined in accordance with the provisions of this section.

      6.  The postprobationary administrator placed on probation pursuant to this section:

      (a) Shall not be reemployed pursuant to NRS 391.820 or shall be dismissed pursuant to NRS 391.822, 391.824 and 391.826 if the postprobationary administrator is determined to have failed to meet the objectives in the performance improvement plan established for the postprobationary administrator and the dismissal is in the best interest of the pupils and the school.

      (b) May be reassigned or have any other consequences imposed only if compelling evidence demonstrates extenuating circumstances contributing to the underperformance and it is in the best interest of the pupils in the school for the administrator to be reassigned or have other consequences imposed.

      7.  The Department shall provide support to a school district or charter school that does not reemploy or dismisses a postprobationary administrator pursuant to subsection 6. Such support may include, without limitation:

      (a) Assistance in recruiting and hiring highly effective administrators to fill any resulting vacancies; and

      (b) Access to leadership and instructional coaching resources to support school leadership in managing transitions and improving instructional leadership practices.

      Sec. 38.6. 1.  The Department shall establish a data-tracking system to monitor programs in this State, or that receive funding from this State, to provide training for school administrators.

      2.  The data-tracking system established pursuant to subsection 1 must record program participation, licensure completion rates and relevant data to assess the effectiveness of each program.

      3.  The Department shall produce an annual report evaluating the impact on school achievement and pupil achievement of school administrators who completed training through each program in this State, or that receives funding from this State, to provide training for school administrators. The report must:

      (a) Analyze the relative performance of school administrators;

      (b) Be presented at a meeting of the State Board; and

      (c) Include, without limitation:

             (1) An evaluation of the direct impact on the academic performance of pupils of school administrators who received training from each program. This evaluation must utilize growth measures as calculated through the statewide system of accountability for public schools, providing insights into the effectiveness of each program in preparing school administrators to positively influence the achievement of pupils.

 


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             (2) Comparative data on the performance of school administrators from different licensure preparation programs, including traditional institutions of higher education and alternative routes to licensure. This analysis must examine the ability of school administrators from each program to drive pupil growth and improve academic success within their respective schools.

      4.  Based on findings from the annual report produced pursuant to subsection 3, the Department shall make recommendations to the State Board and the Nevada System of Higher Education for continuous improvement in administrator licensure programs, emphasizing evidence-based practices that demonstrate a positive impact on pupil achievement. The Department shall work collaboratively with the Nevada System of Higher Education to establish a data-sharing agreement that facilitates the evaluation of licensure programs and their effectiveness, which must ensure the secure and accurate sharing of data necessary to monitor program outcomes and support evidence-based recommendations.

      Sec. 38.7. 1.  In consultation with the Teachers and Leaders Council of Nevada created by NRS 391.455, the Department shall adopt regulations establishing a framework for the establishment of a performance improvement plan for a postprobationary teacher who receives an evaluation designating his or her overall performance as ineffective or minimally effective for 2 consecutive school years.

      2.  A performance improvement plan must be established for any postprobationary teacher who receives an evaluation designating his or her overall performance as ineffective or minimally effective for 2 consecutive school years.

      3.  A performance improvement plan established pursuant to subsection 2 must contain clear and measurable goals for the improvement of instructional practices, pupil engagement and academic outcomes that are aligned with educational standards in this State and that directly address areas of underperformance identified in the evaluations of the postprobationary teacher.

      4.  A postprobationary teacher for whom a performance improvement plan is established shall participate in programs of professional development training to address the areas of underperformance identified in the evaluations of the postprobationary teacher, including, without limitation, professional development training in:

      (a) Instructional strategies for improving pupil engagement and classroom differentiation;

      (b) Data-driven instruction and the use of formative assessments to track pupil progress; and

      (c) Classroom management techniques and behavioral interventions to promote a positive learning environment.

      5.  Each school district and governing body of a charter school shall ensure that an experienced mentor or instructional coach is assigned to each postprobationary teacher for whom a performance improvement plan is established. The mentor or instructional coach shall:

      (a) Provide regular feedback;

      (b) Conduct classroom observations; and

      (c) Assist the postprobationary teacher in developing and implementing new instructional strategies.

 


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      6.  At least once each school quarter, the leadership team of the school of a postprobationary teacher for whom a performance improvement plan is established shall review and assess the progress of the postprobationary teacher toward achieving the goals of the performance improvement plan.

      7.  As used in this section, “leadership team” means the principal and any assistant principals assigned to a school.

      Sec. 38.8. 1.  The superintendent of schools of a school district or executive director of a charter school may place a postprobationary teacher on probation for a period of 2 school years if, based on the evaluation of the postprobationary teacher pursuant to NRS 391.690, the superintendent or executive director determines that the postprobationary teacher:

      (a) Is consistently ineffective in meeting instructional practice standards, pupil performance standards and classroom management standards; or

      (b) Fails to demonstrate adequate progress under a performance improvement plan established pursuant to section 38.7 of this act.

      2.  Upon placing a postprobationary teacher on probation pursuant to subsection 1, the superintendent shall give written notice to the postprobationary teacher that the postprobationary teacher has been placed on probation pursuant to this section. The written notice must contain an explanation of areas of underperformance for which the postprobationary teacher has been placed on probation pursuant to this section and a performance improvement plan established pursuant to section 38.7 of this act that details the support and interventions that will be provided to the postprobationary teacher.

      3.  Except as otherwise provided in this subsection, during a period of probation imposed pursuant to this section, the postprobationary teacher must not be reassigned or transferred to another school in the school district or charter school or otherwise employed at another school in the school district or charter school. The postprobationary teacher may be reassigned or transferred during a period of probation imposed pursuant to this section if the reassignment or transfer is required because of low enrollment, program elimination or other district-wide or school-wide operational needs. Any such transfer or reassignment must be made in accordance with the policies and procedures of the school district or charter school, and such reassignment or transfer must not conflict with the terms of the period of probation imposed pursuant to this section.

      4.  Upon the conclusion of a period of probation imposed pursuant to this section, the postprobationary teacher must be evaluated to determine whether the postprobationary teacher has met improvement goals. If, based on the evaluation, the postprobationary teacher:

      (a) Has met the improvement goals, the postprobationary teacher must be removed from probation.

      (b) Has shown improvement and progress toward meeting the improvement goals, the period of probation imposed pursuant to this section may be extended for 1 additional school year and the postprobationary teacher must continue to receive support and monitoring under a performance improvement plan established pursuant to section 38.7 of this act.

      (c) Has failed to make adequate progress toward achieving the improvement goals, the postprobationary teacher may be given notice pursuant to NRS 391.820 that the postprobationary teacher will not be reemployed or the superintendent or executive director may initiate the process for dismissing the postprobationary teacher pursuant to NRS 391.822, 391.824 and 391.826.

 


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reemployed or the superintendent or executive director may initiate the process for dismissing the postprobationary teacher pursuant to NRS 391.822, 391.824 and 391.826.

      5.  A postprobationary teacher who is placed on probation pursuant to this section shall be deemed a probationary employee for the purposes of NRS 391.650 to 391.826, inclusive, and must serve an additional probationary period in accordance with NRS 391.820, except that the duration of that probationary period must be determined in accordance with the provisions of this section.

      6.  The postprobationary teacher placed on probation pursuant to this section:

      (a) Shall not be reemployed pursuant to NRS 391.820 or shall be dismissed pursuant to NRS 391.822, 391.824 and 391.826 if the postprobationary teacher is determined to have failed to meet the objectives in the performance improvement plan established for the postprobationary teacher and the dismissal is in the best interest of the pupils and the school.

      (b) May be reassigned or have any other consequences imposed only if compelling evidence demonstrates extenuating circumstances contributing to the underperformance and it is in the best interest of the pupils in the school for the teacher to be reassigned or have other consequences imposed.

      7.  The Department shall provide support to a school district or charter school that does not reemploy or dismisses a postprobationary teacher pursuant to subsection 6. Such support may include, without limitation:

      (a) Assistance in recruiting and hiring highly effective teachers to fill any resulting vacancies; and

      (b) Access to leadership and instructional coaches to support school leadership in managing transitions and improving teaching practices.

      Sec. 39. NRS 391.019 is hereby amended to read as follows:

      391.019  1.  [Except as otherwise provided in NRS 391.027, the] The Commission shall adopt regulations:

      (a) Prescribing the qualifications for licensing teachers and other educational personnel and the procedures for the issuance and renewal of those licenses. The regulations:

             (1) Must include, without limitation, the qualifications for licensing teachers and administrators pursuant to an alternative route to licensure which provides that the required education and training may be provided by any qualified provider which has been approved by the Commission, including, without limitation, institutions of higher education and other providers that operate independently of an institution of higher education. The regulations adopted pursuant to this subparagraph must:

                   (I) Establish the requirements for approval as a qualified provider;

                   (II) Require a qualified provider to be selective in its acceptance of students;

                   (III) Require a qualified provider to provide in-person or virtual supervised, school-based experiences and ongoing support for its students, such as mentoring and coaching;

                   (IV) Significantly limit the amount of course work required or provide for the waiver of required course work for students who achieve certain scores on tests;

 


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                   (V) Allow for the completion in 2 years or less of the education and training required under the alternative route to licensure;

                   (VI) Provide that a person who has completed the education and training required under the alternative route to licensure and who has satisfied all other requirements for licensure may apply for a regular license pursuant to sub-subparagraph (VII) regardless of whether the person has received an offer of employment from a school district, charter school or private school; and

                   (VII) Upon the completion by a person of the education and training required under the alternative route to licensure and the satisfaction of all other requirements for licensure, provide for the issuance of a regular license to the person pursuant to the provisions of this chapter and the regulations adopted pursuant to this chapter.

             (2) Must require an applicant for a license to teach middle school or junior high school education or secondary education to demonstrate proficiency in a field of specialization or area of concentration by successfully completing course work prescribed by the Department or completing a subject matter competency examination prescribed by the Department with a score deemed satisfactory.

             (3) Must not prescribe qualifications which are more stringent than the qualifications set forth in NRS 391.0315 for a licensed teacher who applies for an additional license in accordance with that section.

      (b) Identifying fields of specialization in teaching which require the specialized training of teachers.

      (c) Except as otherwise provided in NRS 391.125, requiring teachers to obtain from the Department an endorsement in a field of specialization to be eligible to teach in that field of specialization.

      (d) Setting forth the educational requirements a teacher must satisfy to qualify for an endorsement in each field of specialization. The regulations must require that, to teach pupils enrolled in kindergarten or grade 1, 2 or 3, a teacher must complete a course of instruction in foundational literacy skills that satisfies the requirements set forth in regulations adopted by the Commission. Such regulations must require that, on or after July 1, 2028, a person who applies for an initial license to teach or for the renewal of such a license who will teach pupils enrolled in kindergarten or grade 1, 2 or 3 must have completed a course required pursuant to this paragraph or professional development that is provided at no cost to the teacher or his or her employer by a regional training program, as defined in NRS 391A.105. The Commission shall develop regulations to ensure that approved teacher preparation programs include in any program of preparation for teaching pupils enrolled in kindergarten or grade 1, 2 or 3 a course of instruction in foundational literacy skills that satisfies the requirements set forth in regulations adopted by the Commission. The requirements for a course of instruction in foundational literacy must include, without limitation:

             (1) Training and instruction in effective methods for teaching foundational literacy skills aligned with the science of reading, including, without limitation:

                   (I) Phonological and phonemic awareness;

                   (II) Phonics, including, without limitation, decoding and encoding;

 


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                   (III) Fluency;

                   (IV) Vocabulary; and

                   (V) Comprehension;

             (2) Techniques for differentiating literacy instruction, to meet the needs of pupils with advanced literacy skills, as well as pupils with reading deficiencies, including, without limitation, pupils with indicators of dyslexia and pupils with disabilities;

             (3) Implementation of effective literacy instruction using high-quality instructional materials in alignment with current research on the science of reading;

             (4) Classroom behavior management, trauma-informed practices and other developmentally appropriate supports to ensure a conducive learning environment for literacy instruction; and

             (5) The use of data concerning pupils, including, without limitation, literacy assessments, to make instructional decisions, including, without limitation, decisions about improving the effectiveness of classroom reading instruction and the design of reading interventions.

      (e) Setting forth the qualifications and requirements for obtaining a license or endorsement to teach American Sign Language, including, without limitation, being registered with the Aging and Disability Services Division of the Department of Health and Human Services pursuant to NRS 656A.100 to engage in the practice of sign language interpreting in a primary or secondary educational setting.

      (f) Requiring teachers and other educational personnel to be registered with the Aging and Disability Services Division pursuant to NRS 656A.100 to engage in the practice of sign language interpreting in a primary or secondary educational setting if they:

             (1) Provide instruction or other educational services; and

             (2) Concurrently engage in the practice of sign language interpreting, as defined in NRS 656A.060.

      (g) Prescribing course work on parental involvement and family engagement. The Commission shall:

             (1) Work in cooperation with the Office of Parental Involvement and Family Engagement created by NRS 385.630 in developing the regulations required by this paragraph.

             (2) Establish standards for professional development training which may be used to satisfy any course work requirement prescribed pursuant to this paragraph.

      (h) Establishing the requirements for obtaining an endorsement on the license of a teacher, administrator or other educational personnel in cultural competency.

      (i) Authorizing the Superintendent of Public Instruction to issue a license by endorsement to an applicant who holds an equivalent license or authorization issued by a governmental entity in another country if the Superintendent determines that the qualifications for the equivalent license or authorization are substantially similar to those prescribed pursuant to paragraph (a).

      (j) Establishing the requirements for obtaining an endorsement on the license of a teacher, administrator or other educational personnel in teaching courses relating to financial literacy.

 


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      (k) Authorizing a person who is employed as a paraprofessional and enrolled in a program to become a teacher to complete an accelerated program of student teaching in the same or a substantially similar area in which the person is employed as a paraprofessional while remaining employed as a paraprofessional.

      (l) Requiring the Department to accept a program of student teaching or other teaching experience completed in another state or foreign country by an applicant for a license if the Department determines that the program or experience substantially fulfills the standards of a program of student teaching in this State.

      (m) Authorizing a person who is employed by a public school to provide support or other services relating to school psychology, if the person does not hold a license or endorsement as a school psychologist but is enrolled in a program that would allow the person to obtain such a license or endorsement, to complete a program of internship in school psychology while remaining employed in such a position.

      (n) To carry out the provisions of NRS 391B.010.

      (o) Establishing the requirements for a person to obtain a provisional license with an endorsement as a registered apprentice, including, without limitation, requiring a person to complete a teacher preparation program for registered apprentices that is approved by the State Apprenticeship Council.

      2.  [Except as otherwise provided in NRS 391.027, the] The Commission may adopt such other regulations as it deems necessary for its own government or to carry out its duties.

      3.  Any regulation which increases the amount of education, training or experience required for licensing:

      (a) Must, in addition to the requirements for publication in chapter 233B of NRS, be publicized before its adoption in a manner reasonably calculated to inform those persons affected by the change.

      (b) Must not become effective until at least 1 year after the date it is adopted by the Commission.

      (c) Is not applicable to a license in effect on the date the regulation becomes effective.

      Sec. 40. NRS 391.021 is hereby amended to read as follows:

      391.021  1.  [Except as otherwise provided in NRS 391.027, the] The Commission shall adopt regulations governing examinations for the initial licensing of teachers and other educational personnel. The regulations adopted by the Commission must ensure that the examinations test the ability of the applicant to teach and the applicant’s knowledge of each specific subject he or she proposes to teach.

      2.  When adopting regulations pursuant to subsection 1, the Commission shall consider including any alternative means of demonstrating competency for persons with a disability or health-related need that the Commission determines are necessary and appropriate.

      3.  The regulations adopted by the Commission pursuant to subsection 1 must authorize an applicant to be exempt from any requirement to pass a competency test in basic reading, writing and mathematics if the applicant submits to the Department evidence that, after not passing a competency test in basic reading, writing and mathematics at the level of competence specified by the Commission, the applicant began and completed, with a grade of B or better, a course of study approved by the Department in each subject area of the competency test that the applicant did not pass at the level of competence specified by the Commission.

 


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grade of B or better, a course of study approved by the Department in each subject area of the competency test that the applicant did not pass at the level of competence specified by the Commission.

      4.  Teachers and educational personnel from another state who obtain a reciprocal license pursuant to NRS 391.032 or 391B.010 are not required to take the examinations for the initial licensing of teachers and other educational personnel described in this section or any other examination for initial licensing required by the regulations adopted by the Commission.

      Sec. 41. NRS 391.028 is hereby amended to read as follows:

      391.028  On or before [December] January 31 of each year, the Commission shall submit a written report to [the State Board and] the Joint Interim Standing Committee on Education. The report must include, without limitation:

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

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

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

      Sec. 41.5. NRS 391.031 is hereby amended to read as follows:

      391.031  There are the following kinds of licenses for teachers and other educational personnel in this State:

      1.  A license to teach pupils in a program of early childhood education, which authorizes the holder to teach in any program of early childhood education in the State.

      2.  [A] Except as otherwise provided in this subsection, a license to teach elementary education, which authorizes the holder to teach in any elementary school in the State. The holder of a license to teach elementary education must have completed a course in foundational literacy approved by the Commission pursuant to paragraph (d) of subsection 1 of NRS 391.019 to be eligible to teach pupils in kindergarten or grade 1, 2 or 3 on or after July 1, 2028.

      3.  A license to teach middle school or junior high school education, which authorizes the holder to teach in his or her major or minor field of preparation or in both fields in any middle school or junior high school. He or she may teach only in these fields unless an exception is approved pursuant to regulations adopted by the Commission.

      4.  A license to teach secondary education, which authorizes the holder to teach in his or her major or minor field of preparation or in both fields in any secondary school. He or she may teach only in these fields unless an exception is approved pursuant to regulations adopted by the Commission.

      5.  A license to teach special education, which authorizes the holder to teach pupils with disabilities or gifted and talented pupils, or both.

      6.  A special license, which authorizes the holder to teach or perform other educational functions in a school or program as designated in the license.

 


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      Sec. 41.6. NRS 391.0315 is hereby amended to read as follows:

      391.0315  1.  A person licensed to teach early childhood education, elementary education, middle school or junior high school education or secondary education in this State may apply for and the Superintendent of Public Instruction may issue to that person an additional license or endorsement to teach early childhood education, elementary education, middle school or junior high school education or secondary education, other than for teaching pupils with disabilities, which is outside the person’s grade level of experience if the applicant meets the course work requirements, competency testing requirements and qualifications for the license [.] or endorsement.

      2.  A licensed teacher who applies for an additional license or endorsement pursuant to this section must not be required to participate in a program of student teaching as a condition for the issuance of the additional license or endorsement if the applicant has 3 years of verified teaching experience.

      Sec. 42. NRS 391.032 is hereby amended to read as follows:

      391.032  1.  [Except as otherwise provided in NRS 391.027, the] The Commission shall:

      (a) Adopt regulations which provide for the issuance of provisional licenses to teachers and other educational personnel before completion of all courses of study or other requirements for a license in this State.

      (b) Adopt regulations which provide for the reciprocal licensure of educational personnel from other states including, without limitation, for the reciprocal licensure of persons who hold a license to teach special education. Such regulations must include, without limitation, provisions:

             (1) For the reciprocal licensure of persons who obtained a license pursuant to an alternative route to licensure which the Department determines is as rigorous or more rigorous than the alternative route to licensure prescribed pursuant to subparagraph (1) of paragraph (a) of subsection 1 of NRS 391.019.

             (2) Which provide for the licensure of persons pursuant to the Interstate Teacher Mobility Compact enacted in NRS 391B.010.

      (c) Adopt regulations which provide that, for teachers employed by a charter school, requirements to teach in a subject that is not a core subject, as set forth in NRS 389.018, are satisfied if the teacher holds:

             (1) The appropriate endorsement issued by the Superintendent of Public Instruction; or

             (2) An industry-recognized credential or certificate relevant to the subject that is not a core subject in which he or she provides instruction.

      2.  A person who is a member of the Armed Forces of the United States, a veteran of the Armed Forces of the United States or the spouse of such a member or veteran of the Armed Forces of the United States and who has completed the equivalent of an alternative route to licensure program in another state may obtain a license as if such person has completed the alternative route to licensure program of this State.

      3.  The Commission shall adopt regulations requiring the Superintendent of Public Instruction to issue a provisional license to teach if:

      (a) The Superintendent determines that the applicant is otherwise qualified for the license; and

 


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      (b) The applicant:

             (1) Graduated with a bachelor’s degree or higher but is awaiting conferment of the degree; or

             (2) Satisfies the requirements for conditional licensure through an alternative route to licensure.

      4.  A person who is issued a provisional license must complete all courses of study and other requirements for a license in this State which is not provisional within 3 years after the date on which a provisional license is issued.

      Sec. 43. NRS 391.033 is hereby amended to read as follows:

      391.033  1.  All licenses for teachers and other educational personnel are granted by the Superintendent of Public Instruction pursuant to regulations adopted by the Commission and as otherwise provided by law.

      2.  An application for the issuance of a license must include the social security number of the applicant.

      3.  Every applicant for [a license must submit with his or her application:]

      (a) [A] The initial issuance of a license must submit with his or her application a complete set of his or her fingerprints and written permission authorizing the Superintendent to forward the fingerprints to the Central Repository for Nevada Records of Criminal History for its initial report on the criminal history of the applicant [and for reports thereafter upon renewal of the license pursuant to subsection 8 of NRS 179A.075,] and for submission to the Federal Bureau of Investigation for its report on the criminal history of the applicant . [; and] Each application for an initial license must contain a disclosure that the applicant is subject to the provisions of section 60 of this act, which must be in the form and manner prescribed by the Central Repository for Nevada Records of Criminal History and include, without limitation, a statement that the applicant is consenting to be enrolled in the program established by section 60 of this act.

      (b) [Written] The initial issuance or renewal of a license must submit with his or her application written authorization for the Superintendent to obtain any information concerning the applicant that may be available from the Statewide Central Registry and any equivalent registry maintained by a governmental entity in a jurisdiction in which the applicant has resided within the immediately preceding 5 years.

      4.  In conducting an investigation into the background of an applicant for the issuance or renewal of a license, the Superintendent may cooperate with any appropriate law enforcement agency to obtain information relating to the criminal history of the applicant, including, without limitation, any record of warrants for the arrest of or applications for protective orders against the applicant.

      5.  The Superintendent may issue a provisional license pending receipt of the reports of the Federal Bureau of Investigation and the Central Repository for Nevada Records of Criminal History if the Superintendent determines that the applicant is otherwise qualified.

      6.  Except as otherwise provided in subsection 8, a license must be issued to, or renewed for, as applicable, an applicant if:

      (a) The Superintendent determines that the applicant is qualified;

      (b) The information obtained by the Superintendent pursuant to subsections 3 and 4 [:] or pursuant to section 60 of this act:

 


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             (1) Does not indicate that the applicant has been convicted of a felony or any offense involving moral turpitude or indicates that the applicant has been convicted of a felony or an offense involving moral turpitude but the Superintendent determines that the conviction is unrelated to the position within the county school district or charter school for which the applicant applied or for which he or she is currently employed, as applicable;

             (2) Does not indicate that there has been a substantiated report of abuse or neglect of a child, as defined in NRS 432B.020, or a violation of NRS 201.540, 201.553, 201.560, 392.4633 or 394.366 made against the applicant in any state; and

             (3) Does not indicate that the applicant has a warrant for his or her arrest; and

      (c) For initial licensure, the applicant submits the statement required pursuant to NRS 391.034.

      7.  If, pursuant to subparagraph (2) of paragraph (b) of subsection 6, the information indicates that a substantiated report has been made against the applicant in any state, the Superintendent shall:

      (a) Suspend the application process;

      (b) Notify the applicant of the substantiated report; and

      (c) Provide the applicant an opportunity to rebut the substantiated report.

      8.  The Superintendent may deny an application for the issuance or renewal of a license pursuant to this section if:

      (a) A report on the criminal history of the applicant from the Federal Bureau of Investigation or the Central Repository for Nevada Records of Criminal History , or any notification received pursuant to section 60 of this act, indicates that the applicant has been arrested for or charged with a sexual offense involving a minor or pupil, including, without limitation, any attempt, solicitation or conspiracy to commit such an offense; and

      (b) The Superintendent provides to the applicant:

             (1) Written notice of his or her intent to deny the application; and

             (2) An opportunity for the applicant to have a hearing.

      9.  To request a hearing pursuant to subsection 8, an applicant must submit a written request to the Superintendent within 15 days after receipt of the notice by the applicant. Such a hearing must be conducted in accordance with regulations adopted by the State Board. If no request for a hearing is filed within that time, the Superintendent may deny issuance or renewal of the license.

      10.  If the Superintendent denies an application for the issuance or renewal of a license pursuant to this section, the Superintendent must, within 15 days after the date on which the application is denied, provide notice of the denial to the school district or charter school that employs the applicant if the applicant is employed by a school district or charter school. Such a notice must not state the reasons for denial.

      11.  The Superintendent may not be held liable for damages resulting from any action of the Superintendent authorized by subsection 4.

      12.  The Superintendent may enter into reciprocal agreements with appropriate officials of other countries concerning the licensing of teachers.

      13.  As used in this section, “sexual offense” has the meaning ascribed to it in NRS 179D.097.

 


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      Sec. 44. NRS 391.039 is hereby amended to read as follows:

      391.039  1.  The [State Board] Department shall, on an annual basis, evaluate each provider approved by the Commission to offer a course of study or training designed to qualify a person to be a teacher or administrator or to perform other educational functions, including, without limitation, a qualified provider approved by the Commission pursuant to subparagraph (1) of paragraph (a) of subsection 1 of NRS 391.019 to offer an alternative route to licensure. The evaluation must include, without limitation, for each provider, the number of persons:

      (a) Who received a license pursuant to this chapter after completing the education, course of study or training offered by the provider; and

      (b) Identified in paragraph (a) who are employed by a school district or a charter school in this State after receiving a license and information relating to the performance evaluations of those persons conducted by the school district or charter school. The information relating to the performance evaluations must be reported in an aggregated format and not reveal the identity of a person.

      2.  The Department shall post on its Internet website the evaluation conducted pursuant to subsection 1.

      Sec. 45. NRS 391.040 is hereby amended to read as follows:

      391.040  1.  The Commission shall fix fees of not less than $100 for the:

      (a) Initial issuance of a license, which must include the fees for processing the fingerprints of the applicant by the Central Repository for Nevada Records of Criminal History and the Federal Bureau of Investigation; and

      (b) Renewal of a license . [, which must include the fees for processing the fingerprints of the applicant for renewal by the Central Repository for Nevada Records of Criminal History and the Federal Bureau of Investigation.]

      2.  The fee for issuing a duplicate license is the same as for issuing the original.

      3.  The portion of each fee which represents the amount charged by the Federal Bureau of Investigation for processing the fingerprints of the applicant must be deposited with the State Treasurer for credit to the appropriate account of the Department of Public Safety. The remaining portion of the money received from the fees must be deposited with the State Treasurer for credit to the appropriate account of the Department of Education.

      4.  The Department of Education may waive any fee for the initial issuance of a license, the renewal of a license or the issuance of a duplicate license for an applicant or licensee who is a veteran of the Armed Forces of the United States, an applicant or licensee who is a member of the Armed Forces of the United States who is on active duty or an applicant or licensee who is the spouse of such a veteran or member of the Armed Forces of the United States.

      Sec. 46. NRS 391.104 is hereby amended to read as follows:

      391.104  1.  Except as otherwise provided in NRS 391.105 and 391.1055, each applicant for employment pursuant to NRS 391.100 or employee, except a teacher or other person licensed by the Superintendent of Public Instruction, or volunteer who is likely to have unsupervised contact with pupils, must, before beginning his or her employment or service as a volunteer and at least once every 5 years thereafter, submit to the school district:

 


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with pupils, must, before beginning his or her employment or service as a volunteer and at least once every 5 years thereafter, submit to the school district:

      (a) A full set of the applicant’s, employee’s or volunteer’s fingerprints and written permission authorizing the school district to forward the fingerprints to the Central Repository for Nevada Records of Criminal History for its report on the criminal history of the applicant, employee or volunteer and for submission to the Federal Bureau of Investigation for its report on the criminal history of the applicant, employee or volunteer; and

      (b) Written authorization for the board of trustees of the school district to obtain any information concerning the applicant, employee or volunteer that may be available from the Statewide Central Registry and any equivalent registry maintained by a governmental entity in a jurisdiction in which the applicant, employee or volunteer has resided within the immediately preceding 5 years.

      2.  In conducting an investigation into the background of an applicant, employee or volunteer, a school district may cooperate with any appropriate law enforcement agency to obtain information relating to the criminal history of the applicant, employee or volunteer, including, without limitation, any record of warrants for the arrest of or applications for protective orders against the applicant, employee or volunteer.

      3.  The board of trustees of a school district may use a substantiated report of the abuse or neglect of a child, as defined in NRS 392.281, or a violation of NRS 201.540, 201.553, 201.560, 392.4633 or 394.366 obtained from the Statewide Central Registry or an equivalent registry maintained by a governmental agency in another jurisdiction:

      (a) When making determinations concerning assignments, requiring retraining, imposing discipline, hiring, accepting a volunteer or termination; and

      (b) In any proceedings to which the report is relevant, including, without limitation, an action for trespass or a restraining order.

      4.  [Except as otherwise provided in subsection 5, the] The board of trustees of a school district shall not require a licensed teacher or other person licensed by the Superintendent of Public Instruction pursuant to NRS 391.033 who has taken a leave of absence from employment authorized by the school district, including, without limitation:

      (a) Sick leave;

      (b) Sabbatical leave;

      (c) Personal leave;

      (d) Leave for attendance at a regular or special session of the Legislature of this State if the employee is a member thereof;

      (e) Maternity leave; and

      (f) Leave permitted by the Family and Medical Leave Act of 1993, 29 U.S.C. §§ 2601 et seq.,

Κ to submit a set of his or her fingerprints as a condition of return to or continued employment with the school district if the employee is in good standing when the employee began the leave.

      5.  [A board of trustees of a school district may ask the Superintendent of Public Instruction to require a person licensed by the Superintendent of Public Instruction pursuant to NRS 391.033 who has taken a leave of absence from employment authorized by the school district to submit a set of his or her fingerprints as a condition of return to or continued employment with the school district if the board of trustees has probable cause to believe that the person has committed a felony or an offense involving moral turpitude during the period of his or her leave of absence.

 


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with the school district if the board of trustees has probable cause to believe that the person has committed a felony or an offense involving moral turpitude during the period of his or her leave of absence.

      6.]  The board of trustees of a school district:

      (a) May accept any gifts, grants and donations to carry out the provisions of subsections 1 and 2 and NRS 391.105.

      (b) May not be held liable for damages resulting from any action of the board of trustees authorized by subsection 2 or 3 or NRS 391.105.

      Sec. 47. NRS 391.110 is hereby amended to read as follows:

      391.110  1.  The board of trustees of a school district [may:] located in a county whose population is 100,000 or more shall:

      (a) Employ any person [the board of trustees determines is qualified] who meets the requirements of this paragraph to serve as the superintendent of schools of the school district. [The Commission may require the superintendent of any school district to hold a master’s degree.] A person is eligible to serve as the superintendent of schools of a school district if:

             (1) The person:

                   (I) Holds a graduate degree from a postsecondary educational institution that is accredited by a regional accrediting agency recognized by the United States Department of Education or approved by the Department for the purposes of this paragraph; and

                    (II) Has at least 6 years of experience teaching, of which at least 3 years must have been spent in a supervisory or administrative capacity; or

             (2) The person served as the financial administrator or chief executive officer of a private or public entity with a budget of at least $275,000,000; or

             (3) The person holds a graduate degree from a postsecondary educational institution that is accredited by a regional accrediting agency recognized by the United States Department of Education in business, finance or management and has at least 4 years of relevant experience in any of those fields.

      (b) Employ a person who meets the qualifications of this paragraph to serve as chief financial officer of schools of the school district. A person is eligible to serve as chief financial officer of schools of a school district if the person:

             (1) Holds:

                   (I) A graduate degree from a postsecondary educational institution that is accredited by a regional accrediting agency recognized by the United States Department of Education or approved by the Department for the purposes of this paragraph; and

                   (II) A professional license as a certified public accountant, certified management accountant or certified financial analyst and has experience with fiscal analysis, processes, problems and opportunities and developing fiscal policies, audit procedures and systems of public and fund accounting; or

             (2) Served as the financial administrator of a private or public entity with a budget similar in size to the budget of the school district in which he or she seeks employment; or

             (3) Has received status as a credentialed manager from the International City/County Management Association, or its successor organization.

 


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      (c) Define the powers and fix the duties of the superintendent of schools [.

      (c)] and the chief financial officer of schools, if applicable.

      (d) Fix the salary of the superintendent of schools [.] and the chief financial officer of schools, if applicable.

      2.  The board of trustees of a school district located in a county whose population is 100,000 or more that selects a candidate to serve as superintendent of schools of the school district or chief financial officer of schools of the school district shall, before hiring the candidate, submit the name and application of the candidate to the Department for review. The Department shall review the qualifications of the candidate selected by the board of trustees to ensure that the candidate meets the requirements set forth in subsection 1. Not more than 10 days after completing the review, the Department shall:

      (a) If the Department determines that the candidate meets the requirements set forth in subsection 1, issue a letter to the board of trustees of the school district affirming that the candidate is eligible to serve as superintendent of schools of the school district or chief financial officer of schools of the school district, as applicable; or

      (b) If the Department determines that the candidate does not meet the requirements set forth in subsection 1, issue a letter to the board of trustees of the school district affirming that the candidate is ineligible to serve as superintendent of schools of the school district or chief financial officer of schools of the school district, as applicable.

      3.  The board of trustees of a school district that receives a letter affirming that a candidate is ineligible to be hired pursuant to paragraph (b) of subsection 2 shall not hire the candidate for the position for which he or she applied.

      4.  The Department may revoke a letter issued pursuant to paragraph (a) of subsection 2 if the Department determines that a candidate for superintendent of schools or chief financial officer of schools no longer meets the requirements for eligibility set forth in subsection 1.

      5.  The board of trustees of a school district that is located in a county whose population is less than 100,000 may:

      (a) Employ any person the board of trustees of the school district determines is qualified to serve as superintendent of schools of the school district. The Commission may require the superintendent of any such school district to hold a master’s degree.

      (b) Define the powers and fix the duties of the superintendent of schools.

      (c) Fix the salary of the superintendent of schools.

      6.  If the board of trustees of a school district employs a person who is not licensed as an administrator to serve as the superintendent of schools, the board of trustees shall employ a person who is licensed as an administrator to oversee the academic programs of the public schools within the school district.

      [3.]7.  A superintendent of schools may be employed for an initial term not to exceed 4 years. The term of any subsequent employment may be of any duration.

 


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      [4.]8.  A superintendent of schools [may] shall be dismissed at any time for cause [.

      5.], including, without limitation, if:

      (a) The superintendent of schools does not meet any of the professional or other standards identified in an annual evaluation conducted by the board of trustees of the school district.

      (b) The superintendent of schools refuses or fails to comply with and carry out the requirements of this title. The board of trustees of a school district may, at any time, request a determination from the Department that the superintendent of schools of the school district has refused or failed to comply with and carry out the requirements of this title. If the board of trustees of a school district requests such a determination, the Department must promptly conduct an investigation and determine whether the superintendent of schools has refused or failed to observe and carry out the requirements of this title.

      (c) The Department revokes a letter pursuant to subsection 4.

      9. Each employment contract entered into between the board of trustees of a school district and the superintendent of schools of the school district must include, without limitation:

      (a) The provisions set forth in subsection 8 and any additional reasons why the superintendent of schools would be required to be dismissed for cause by the board of trustees of the school district that the board of trustees deems appropriate.

      (b) A description of the process for annually evaluating the superintendent of schools that includes, without limitation:

             (1) Measures of learning and behavior outcomes of pupils; and

             (2) Professional standards that are nationally recognized.

      10.  A superintendent of schools may administer oaths or affirmations relating to public schools.

      Sec. 48. NRS 391.125 is hereby amended to read as follows:

      391.125  1.  If the board of trustees of a school district determines that a shortage of teachers exists within the school district in a particular subject area, the board of trustees may, on or before September 1 of the school year in which such a determination is made, submit a written request to the Superintendent of Public Instruction to employ persons who are licensed teachers but who do not hold an endorsement to teach in the subject area for which there is a shortage of teachers at a public school within the school district. The Superintendent of Public Instruction may grant such a request if the Superintendent determines that a shortage of teachers exists in the subject area. If the Superintendent of Public Instruction grants a request pursuant to this subsection, a person who holds a license to teach but not an endorsement in the subject area for which the request was granted may be employed by the school district for not more than 3 school years to teach in that subject area at a public school within the school district.

      2.  If the Superintendent of Public Instruction grants a request pursuant to subsection 1, the Superintendent shall submit a written report to the Commission [and the State Board] that includes the name of the school district for which the request was granted and the subject area for which the request was granted. Upon receipt of such a report, the Commission [and the State Board] shall consider whether to adopt revisions to the requirements for an endorsement in that subject area to address the shortage of teachers.

 


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      Sec. 49. NRS 391.465 is hereby amended to read as follows:

      391.465  1.  The State Board shall, based upon the recommendations of the Teachers and Leaders Council of Nevada submitted pursuant to NRS 391.460, adopt regulations establishing a statewide performance evaluation system which incorporates multiple measures of an employee’s performance. Except as otherwise provided in subsection 3, the State Board shall prescribe the tools to be used by a school district for obtaining such measures.

      2.  The statewide performance evaluation system must:

      (a) Require that an employee’s overall performance is determined to be:

             (1) Highly effective;

             (2) Effective;

             (3) Developing; or

             (4) Ineffective.

      (b) Include the criteria for making each designation identified in paragraph (a), which must include, without limitation, consideration of whether the classes for which the employee is responsible exceed the applicable recommended ratios of pupils per licensed teacher prescribed by the State Board pursuant to NRS 388.890 and, if so, the degree to which the ratios affect:

             (1) The ability of the employee to carry out his or her professional responsibilities; and

             (2) The instructional practices of the employee.

      (c) Except as otherwise provided in subsections 2 and 3 of NRS 391.695 and subsections 2 and 3 of NRS 391.715, require that pupil growth, as determined pursuant to NRS 391.480 [, account] :

             (1) Account for 15 percent of the evaluation of a teacher or administrator who provides direct instructional services to pupils at a school in a school district [.] ; and

             (2) For the purposes of calculating the rating used to evaluate a teacher or administrator pursuant to subparagraph (1), be used to evaluate a teacher or administrator using a points system in which the teacher or administrator who provides direct instructional services to pupils at a school in a school district:

                   (I) Receives one point if not more than 20 percent of pupils to which he or she provides direct instructional services achieve satisfactory goals for educational growth established pursuant to NRS 391.480.

                   (II) Receives two points if more than 20 percent but not more than 40 percent of pupils to which he or she provides direct instructional services achieve satisfactory goals for educational growth pursuant to NRS 391.480.

                   (III) Receives three points if more than 40 percent but not more than 60 percent of pupils to which he or she provides direct instructional services achieve satisfactory goals for educational growth pursuant to NRS 391.480.

                   (IV) Receives four points if more than 60 percent but not more than 80 percent of pupils to which he or she provides direct instructional services achieve satisfactory goals for educational growth pursuant to NRS 391.480.

                   (V) Receives five points if more than 80 percent of pupils to which he or she provides direct instructional services achieve satisfactory goals for educational growth pursuant to NRS 391.480.

 


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      (d) Include an evaluation of whether the teacher, or administrator who provides primarily administrative services at the school level or administrator at the district level who provides direct supervision of the principal of a school, and who does not provide primarily direct instructional services to pupils, regardless of whether the probationary administrator is licensed as a teacher or administrator, including, without limitation, a principal and vice principal or licensed educational employee, other than a teacher or administrator, employs practices and strategies to involve and engage the parents and families of pupils.

      (e) Include a process for peer observations of teachers by qualified educational personnel which is designed to provide assistance to teachers in meeting the standards of effective teaching, and includes, without limitation, conducting observations, participating in conferences before and after observations of the teacher and providing information and resources to the teacher about strategies for effective teaching. The regulations must include the criteria for school districts to determine which educational personnel are qualified to conduct peer observations pursuant to the process.

      (f) Require a person who evaluates a teacher who is responsible for a number of pupils that exceeds the applicable recommended ratio of pupils per licensed teacher prescribed by the State Board pursuant to NRS 388.890, who is a postprobationary employee as defined in NRS 391.650 and whose performance on that evaluation is designated as effective or highly effective to, under the statewide performance evaluation system, award the teacher an additional weight for criteria relating to:

             (1) The manner in which the teacher structures a classroom environment;

             (2) The manner in which the teacher provides an opportunity for extended discourse;

             (3) The manner in which the teacher employs the cognitive abilities and skills of all pupils;

             (4) The manner in which the teacher engages with the families of pupils; and

             (5) The perception of pupils of the performance of the teacher,

Κ that is equivalent to the percentage by which the ratio of pupils for which the teacher is responsible exceeds the recommended ratio of pupils per licensed teacher. Any additional weight awarded to a teacher pursuant to this paragraph must not cause the score on a criterion to exceed the maximum score that would otherwise be possible on the criterion for a teacher rated as highly effective.

      (g) If an employee knowingly and willfully failed to comply with the provisions of NRS 388.1351, indicate any disciplinary actions taken against the employee pursuant to NRS 388.1354.

      3.  A school district may apply to the State Board to use a performance evaluation system and tools that are different than the evaluation system and tools prescribed pursuant to subsection 1. The application must be in the form prescribed by the State Board and must include, without limitation, a description of the evaluation system and tools proposed to be used by the school district. The State Board may approve the use of the proposed evaluation system and tools if it determines that the proposed evaluation system and tools apply standards and indicators that are equivalent to those prescribed by the State Board.

 


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      4.  An administrator at the district level who provides direct supervision of the principal of a school and who also serves as the superintendent of schools of a school district must not be evaluated using the statewide performance evaluation system.

      5.  A school associate superintendent or administrator who supervises schools within a school district shall, not later than the last day of each school year, conduct a review of at least 3 percent of all evaluations of licensed educational personnel conducted pursuant to this chapter for the local school precincts overseen by the school associate superintendent or the schools within a school district overseen by the administrator who supervises such schools. The review must be conducted using procedures and guidance developed by the Department, in consultation the Teachers and Leaders Council of Nevada created by NRS 391.455 and include, without limitation, for each evaluation selected:

      (a) A review of documents for the development of plans, observations, conferences, evidence and a summary of the evaluation; and

      (b) An interview with the administrator and person who was evaluated;

      6.  If the school associate superintendent or administrator who supervises schools determines that an evaluation that was reviewed pursuant to subsection 5 was not conducted properly, the administrator who conducted the evaluation must conduct a review of all evaluations conducted for licensed educational personnel assigned to the relevant local school precinct or school during the previous school year.

      7.  A school associate superintendent or administrator who supervises schools who conducts a review pursuant to subsection 5 shall, on or before May 15 of each year, submit to the Superintendent of Public Instruction a report that:

      (a) Verifies that a review was conducted pursuant to subsection 5;

      (b) Describes the local school precincts or schools in which:

             (1) Evaluations were properly conducted; and

             (2) Evaluations were not properly conducted; and

      (c) A plan of action for each administrator who did not properly conduct an evaluation.

      8.  As used in this section, “school associate superintendent” has the meaning ascribed to it in NRS 388G.550.

      Sec. 50. NRS 391.480 is hereby amended to read as follows:

      391.480  1.  Each teacher at a school in a school district shall, in consultation with the principal of the school at which the teacher is employed or other administrator who is assigned by the principal, develop [learning] goals for educational growth for the pupils of the teacher for a specified period.

      2.  Each principal, vice principal and other administrator who provides direct instructional services to pupils at a school in a school district shall, in consultation with his or her direct supervisor, develop [learning] goals for educational growth for the pupils at the school where the principal, vice principal or other administrator, as applicable, is employed for a specified period.

      3.  The [Department shall establish a list of assessments that may] examinations administered pursuant to NRS 390.105 must be used by a school or school district to measure the achievement of [learning] goals for educational growth established pursuant to this section [.] for each teacher who provides instruction in English language arts, science or mathematics.

 


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If a teacher does not provide instruction in such subjects, a school or school district may use, without limitation, assessments that:

      (a) Are course-embedded;

      (b) Are teacher-developed; or

      (c) Align with the standards identified as the area of highest pupil need within an individual classroom.

      4.  The board of trustees of each school district shall ensure that the [learning] goals for educational growth for pupils established pursuant to this section measure pupil growth in accordance with the criteria established by regulation of the State Board.

      5.  Each teacher and administrator who establishes [learning] goals for educational growth for pupils pursuant to this section must be evaluated at the end of the specified period to determine the extent to which the [learning] goals for educational growth of the pupils were achieved. Such an evaluation must be conducted in accordance with the criteria established by regulation of the State Board for determining the level of pupil growth for the purposes of the statewide performance evaluation system. The State Board may establish by regulation the manner in which to include certain categories of pupils in the evaluation conducted pursuant to this subsection.

      Sec. 51. NRS 391.485 is hereby amended to read as follows:

      391.485  1.  The State Board shall annually review the statewide performance evaluation system to ensure accuracy and reliability. Such a review must include, without limitation, an analysis of the:

      (a) Number and percentage of teachers, administrators and other licensed educational personnel who receive each designation identified in paragraph (a) of subsection 2 of NRS 391.465 in each school, school district, and the State as a whole;

      (b) Data used to evaluate pupil growth in each school, school district and the State as a whole, including, without limitation, any observations; and

      (c) Effect of the evaluations conducted pursuant to the statewide system of accountability for public schools on the academic performance of pupils enrolled in the school district in each school and school district, and the State as a whole.

      2.  The board of trustees of each school district shall annually review the manner in which schools in the school district carry out the evaluation of teachers, administrators and other licensed educational personnel pursuant to the statewide performance evaluation system.

      3.  The Department may review the manner in which the statewide performance evaluation system is carried out by each school district, including, without limitation, the manner in which the [learning] goals for educational growth for pupils are established and evaluated pursuant to NRS 391.480.

      4.  The Department shall:

      (a) Ensure that the manner in which the statewide performance evaluation system is carried out by each school district:

             (1) Ensures distinct skills associated with high-quality teaching are evaluated; and

             (2) Requires data for each teacher to be reported to the Department each year;

      (b) In consultation with the Teachers and Leaders Council of Nevada created by NRS 391.455, adopt regulations establishing a framework for a certification program to rate administrators based on the ability of an administrator to properly conduct an evaluation; and

 


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certification program to rate administrators based on the ability of an administrator to properly conduct an evaluation; and

      (c) Ensure that only certified administrators conduct evaluations pursuant to this chapter.

      Sec. 52. NRS 391.685 is hereby amended to read as follows:

      391.685  1.  A probationary teacher must receive one evaluation during each school year of his or her probationary employment. The evaluation must be based in part upon at least three scheduled observation cycles of the teacher during the first school year of his or her probationary period as follows:

      (a) The first scheduled observation cycle must occur within [40] 30 days after the first day of instruction of the school year;

      (b) The second scheduled observation cycle must occur after [40] 75 days but within [80] 105 days after the first day of instruction of the school year; and

      (c) The third scheduled observation cycle must occur [after 80 days but within 120] during the final 40 days [after the first day] of instruction [of] in the school year.

      2.  If a probationary teacher receives an evaluation designating his or her overall performance as effective or highly effective:

      (a) During the first school year of his or her probationary period, the evaluation during the second school year of the probationary period must be based in part upon at least two scheduled observation cycles of the teacher which must occur within the times specified in paragraphs (b) and (c) of subsection 1.

      (b) During the first and second school years of his or her probationary period, the evaluation during the third school year of the probationary period must be based in part upon at least one scheduled observation cycle of the teacher which must occur within 120 days after the first day of instruction of the school year.

      3.  If a probationary teacher receives an evaluation designating his or her overall performance as developing or ineffective during the first or second school year of the probationary period, the probationary teacher must receive one evaluation during the immediately succeeding school year which is based in part upon three observation cycles which must occur in accordance with the observation schedule set forth in subsection 1.

      Sec. 52.5. NRS 391.730 is hereby amended to read as follows:

      391.730  1.  Except as otherwise provided in NRS 391.717, a postprobationary employee who receives an evaluation designating his or her overall performance as:

      [1.](a) Ineffective; or

      [2.](b) Developing during 1 year of the 2-year consecutive period and ineffective during the other year of the period,

Κ for 2 consecutive school years shall be deemed to be a probationary employee for the purposes of NRS 391.650 to 391.826, inclusive, and must serve an additional probationary period in accordance with the provisions of NRS 391.820.

      2.  If a postprobationary employee who is deemed to be a probationary employee pursuant to this section receives an evaluation designating his or her overall performance as ineffective for 2 consecutive school years during the additional probationary period required by this section:

 


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      (a) The board of trustees of the school district or the governing body of the charter school may notify the employee in writing during the second or third school year of the employee’s probationary period, in accordance with NRS 391.820, that the employee may not be reemployed for the third year of the probationary period or for the fourth school year as a postprobationary employee; or

      (b) The superintendent of the school district or executive director of the charter school may recommend the dismissal of the probationary employee to the board of trustees of the school district or the governing body of the charter school before the end of a contract year pursuant to NRS 391.822. If the superintendent or executive director makes such a recommendation, the postprobationary employee who is deemed to be a probationary employee pursuant to this section is entitled to notice and a hearing pursuant to NRS 391.824 and 391.826.

      3.  The Department shall provide support to a school district or charter school that, pursuant to subsection 2, does not reemploy or dismisses a postprobationary employee who is deemed to be a probationary employee pursuant to subsection 1. Such support may include, without limitation:

      (a) Assistance in recruiting and hiring highly-qualified administrators to fill any resulting vacancies; and

      (b) Access to leadership and instructional coaches to support school leadership in managing transitions and improving teaching practices.

      Sec. 53. Chapter 391A of NRS is hereby amended by adding thereto the provisions set forth as sections 54 to 56.5, inclusive, of this act.

      Sec. 54. As used in this section and sections 55 and 56 of this act, “large school district” has the meaning ascribed to it in NRS 388G.530.

      Sec. 55. 1.  A large school district shall, through negotiations with an employee organization conducted pursuant to NRS 288.150, establish a differential pay scale for all licensed educational personnel employed at a Title I school which has had a vacancy rate of at least 7 percent for at least 2 consecutive school years.

      2.  As used in this section, “Title I school” has the meaning ascribed to it in NRS 385A.040.

      Sec. 56. To the extent that money is available, the board of trustees of each large school district shall reserve for each fiscal year an amount of money sufficient to carry out any increase in the salary of a licensed teacher, administrator, as defined in NRS 388.1215, or principal set forth by a differential pay scale established pursuant to section 55 of this act.

      Sec. 56.2. 1.  A school district and the governing body of a charter school shall ensure that a course of professional development training in the science of reading that is approved by the Department is successfully completed by:

      (a) Teachers who teach pupils in kindergarten or grade 1, 2 or 3;

      (b) Administrators of schools in which pupils in kindergarten or grade 1, 2 or 3 are enrolled and other administrators who supervise such administrators or are responsible for shaping educational systems that impact pupil achievement in reading; and

      (c) Paraprofessionals who directly serve pupils in kindergarten or grade 1, 2 or 3.

      2.  Any course of professional development training required to be completed by an employee pursuant to subsection 1:

 


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      (a) May be provided by the school district or governing body or through an agreement with an institution of higher education or a regional training program for the professional development of teachers and administrators.

      (b) Must be provided at no cost to the employee.

      3.  Each teacher who teaches pupils in kindergarten or grade 1, 2 or 3, and each paraprofessional who directly serves pupils in kindergarten or grade 1, 2 or 3, and who was employed to teach or serve such pupils before August 1, 2025, must successfully complete the course of professional development training required by this section not later than the end of the 2027-2028 school year. Each teacher who teaches pupils in kindergarten or grade 1, 2 or 3, and each paraprofessional who directly serves pupils in kindergarten or grade 1, 2 or 3, and who is employed to teach or serve such pupils on or after August 1, 2025, must successfully complete the course of professional development training required by this section not later than 3 years after the employment start date for the teacher or paraprofessional.

      4.  Each administrator of a school in which pupils in kindergarten or grade 1, 2 or 3 are enrolled, and any other administrator who supervises such administrators or is responsible for shaping educational systems that impact pupil achievement in reading, and who is employed in such a position before August 1, 2025, must complete the course of professional development training required by this section not later than the end of the 2027-2028 school year. Each administrator of a school in which pupils in kindergarten or grade 1, 2 or 3 are enrolled, and any other administrator who supervises such administrators or is responsible for shaping educational systems that impact pupil achievement in reading, and who is employed in such a position on or after August 1, 2025, must complete the course of professional development training required by this section not later than 3 years after the employment start date of the administrator for that position.

      5.  The Department shall develop and post on the Internet website maintained by the Department a list of courses of professional development training in the science of reading that have been approved by the Department.

      6.  The board of trustees of each school district and the governing body of each charter school shall:

      (a) Maintain such records of the successful completion of courses of professional development training required by subsection 1 as necessary to ensure compliance with the requirements of this section; and

      (b) Provide such records to the Department upon request.

      7.  On or before November 1 of each year, the Department shall prepare, and post on the Internet website maintained by the Department, a report on the compliance of each board of trustees of a school district and governing body of a charter school with the requirements of this section. The report must contain:

      (a) The number of persons who are required to complete the course of professional development training and the percentage of such persons who have completed the course of professional development training, disaggregated by district;

      (b) A list of the approved providers of courses of professional development training and the standards applied by the Department to approve such a course; and

 


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      (c) An analysis of trends, challenges and recommendations for improving compliance and training outcomes.

      8.  On or before November 1 of each year, the Department shall submit the report prepared pursuant to subsection 7 to:

      (a) The Governor;

      (b) The State Board;

      (c) The Director of the Legislative Counsel Bureau for transmittal to:

             (1) The Joint Interim Standing Committee on Education, if the report is submitted in an odd-numbered year; or

             (2) The Senate and Assembly Standing Committees on Education, if the report is submitted in an even-numbered year; and

      (d) The board of trustees of each school district and the governing body of each charter school.

      9.  The Department may adopt regulations to carry out the provisions of this section, including, without limitation, regulations to establish standards for the approval of courses of professional development in the science of reading and the approval of providers of such courses.

      Sec. 56.5. 1.  The Education Service Center is hereby created as an educational service agency for the purpose of acting as an educational service agency under 34 C.F.R. § 300.12 to develop, manage and provide services and programs to local educational agencies and, as necessary, to other local governments.

      2.  The governing body of the Education Service Center is the Board of the Education Service Center, which must consist of the following members:

      (a) Two members appointed by the Governor;

      (b) One member, who must not be a Legislator, appointed by the Majority Leader of the Senate;

      (c) One member, who must not be a Legislator, appointed by the Minority Leader of the Senate;

      (d) One member, who must not be a Legislator, appointed by the Speaker of the Assembly;

      (e) One member, who must not be a Legislator, appointed by the Minority Leader of the Assembly; and

      (f) One member appointed by the State Board.

      3.  The Superintendent of Public Instruction shall call the first meeting of the Board of the Education Service Center. At its first meeting and annually thereafter, the members of the Board shall elect a Chair and Vice Chair from among the members of the Board. After its first meeting, the Board shall meet as needed at the call of the Chair.

      4.  Each member of the Board of the Education Service Center:

      (a) Serves without compensation; and

      (b) While engaged in the business of the Education Service Center, is entitled to receive the travel expenses provided for state officers and employees generally.

      5.  Each member of the Board of the Education Service Center serves a term of 2 years and may be reappointed for additional terms of 2 years in the same manner as the original appointment. Any vacancy occurring in the membership of the Board must be filled in the same manner as the original appointment not later than 30 days after the vacancy occurs.

 


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      6.  Within the limits of available money:

      (a) The Board of the Education Service Center may appoint an Executive Director. The Executive Director shall not pursue any other business or occupation or hold any other office of profit without the approval of the Board.

      (b) The Executive Director may employ such staff as is necessary to the performance of the functions of the Education Service Center.

Κ The Executive Director and any staff of the Education Service Center are eligible to participate in the Public Employees’ Benefits Program and the Public Employees’ Retirement System.

      7.  The Education Service Center:

      (a) May not impose or levy any tax or borrow money or incur indebtedness.

      (b) May apply for any available grants and accept any available gifts, grants, appropriations or donations, and use any such gifts, grants, appropriations or donations to carry out its purposes.

      (c) May enter into agreements with any agency or political subdivision of this State, including, without limitation, counties, cities and school districts, for the purpose of carrying out the purposes set forth in this section.

      8.  The Education Service Center:

      (a) May carry out activities set forth in this title, on behalf of the Department, and provide services to local educational agencies throughout this State, including, without limitation, services that require specialized personnel.

      (b) Shall provide support for the initiatives and efforts of this State to improve the performance of schools and school districts in this State, including, without limitation, evidence-based and research-based support for the improvement of schools and school districts identified for rigorous interventions pursuant to the provisions of sections 14.25 to 14.6, inclusive, of this act.

      (c) Shall implement or support the implementation of state or federally funded initiatives assigned to the Education Service Center by the Superintendent of Public Instruction.

      (d) Shall avoid duplication of programs and services to ensure a streamlined and efficient delivery of educational services.

      9.  The Superintendent of Public Instruction may adopt regulations to prescribe operational aspects of the Education Service Center, including, without limitation, accountability, finance and budgeting, qualifications for the Board and employees of the Education Service Center and procedures for contracting.

      10.  The Education Service Center is hereby deemed a local educational agency, as defined in 20 U.S.C. § 7801(30)(A), for all purposes.

      Sec. 57. NRS 391A.125 is hereby amended to read as follows:

      391A.125  1.  Based upon the assessment of needs for training within the region and priorities of training adopted by the governing body pursuant to NRS 391A.175, each regional training program shall provide:

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

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

 


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             (2) Curriculum and instruction required for the standards adopted by the State Board;

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

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

             (5) Whole school improvement and turnaround options described in sections 14.25 to 14.6, inclusive, of this act.

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

             (1) [Phonemic] Phonological and phonemic awareness;

             (2) Phonics [;] , including, without limitation, decoding and encoding;

             (3) Vocabulary;

             (4) Fluency; and

             (5) Comprehension . [; and

             (6) Motivation.]

      (c) Training for administrators who conduct the evaluations required pursuant to NRS 391.685, 391.690, 391.705 and 391.710 relating to the manner in which such evaluations are conducted. Such training must be developed in consultation with the Teachers and Leaders Council of Nevada created by NRS 391.455.

      (d) Training for teachers, administrators and other licensed educational personnel relating to correcting deficiencies and addressing recommendations for improvement in performance that are identified in the evaluations conducted pursuant to NRS 391.685, 391.690, 391.705 or 391.710.

      (e) Training for teachers on methods to teach computer literacy or computer science to pupils.

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

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

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

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

      (g) In accordance with the program established by the Statewide Council pursuant to paragraph (b) of subsection 2 of NRS 391A.135 training for:

 


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             (1) Teachers on how to engage parents and families, including, without limitation, disengaged families, in the education of their children and to build the capacity of parents and families to support the learning and academic achievement of their children.

             (2) Training for teachers and paraprofessionals on working with parent liaisons in public schools to carry out strategies and practices for effective parental involvement and family engagement.

      (h) Training and continuing professional development for teachers who receive an endorsement to teach courses relating to financial literacy pursuant to NRS 391.019 and 396.5198.

      2.  The training required pursuant to subsection 1 must:

      (a) Include the activities set forth in 20 U.S.C. § 7801(42), as deemed appropriate by the governing body for the type of training offered.

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

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

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

             (2) Pupils who are English learners.

      (d) Include instructional practices and strategies that are evidence-based and tailored to improve the achievement and proficiency of pupils in the core academic subjects, as set forth in NRS 389.018.

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

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

      (b) Fundamental reading skills; and

      (c) Other training listed in subsection 1.

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

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

      5.  A regional training program may contract with the board of trustees of a school district that is served by the regional training program as set forth in NRS 391A.120 to provide professional development to the teachers and administrators employed by the school district that is in addition to the training required by this section. Any training provided pursuant to this subsection must include the activities set forth in 20 U.S.C. § 7801(42), as deemed appropriate by the governing body for the type of training offered.

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

      7.  To the extent that money is available, the Department shall administer the training required pursuant to paragraph (h) of subsection 1.

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

      Sec. 58. (Deleted by amendment.)

      Sec. 58.5. NRS 391A.175 is hereby amended to read as follows:

      391A.175  1.  The governing body of each regional training program shall:

 


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      (a) [Adopt] In collaboration with the Department, adopt a training model, taking into consideration other model programs, including, without limitation, the program used by the Geographic Alliance in Nevada.

      (b) Assess the training needs of teachers and administrators who are employed by the school districts within the primary jurisdiction of the regional training program and adopt priorities of training for the program based upon the assessment of needs. The board of trustees of each such school district may submit recommendations to the appropriate governing body for the types of training that should be offered by the regional training program.

      (c) In making the assessment required by paragraph (b) and as deemed necessary by the governing body, review the plans to improve the achievement of pupils prepared pursuant to NRS 385A.650 for individual schools within the primary jurisdiction of the regional training program.

      (d) Prepare a 5-year plan for the regional training program for review by the Statewide Council, which includes, without limitation:

             (1) An assessment of the training needs of teachers and administrators who are employed by the school districts within the primary jurisdiction of the regional training program; and

             (2) Specific details of the training that will be offered by the regional training program for the first 2 years covered by the plan including, without limitation, the biennial budget of the regional training program for those 2 years.

Κ The governing body shall incorporate into the 5-year plan any revisions recommended by the Statewide Council.

      (e) Review the 5-year plan on an annual basis and make revisions to the plan as are necessary to serve the training needs of teachers and administrators employed by the school districts within the primary jurisdiction of the regional training program.

      (f) Ensure that the staff of the regional training program assists in developing and providing training in whole school improvement efforts throughout this State.

      2.  The Department, the Nevada System of Higher Education and the board of trustees of a school district may request the governing body of the regional training program that serves the school district to provide training, participate in a program or otherwise perform a service that is in addition to the duties of the regional training program that are set forth in the plan adopted pursuant to this section or otherwise required by statute. An entity may not represent that a regional training program will perform certain duties or otherwise obligate the regional training program as part of an application by that entity for a grant unless the entity has first obtained the written confirmation of the governing body of the regional training program to perform those duties or obligations. The governing body of a regional training program may, but is not required to, grant a request pursuant to this subsection.

      Sec. 58.7. Chapter 394 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  A school employee is immune from both criminal and civil liability for actions taken in good faith to intervene in physical altercations, fights or other incidents that pose an imminent risk to the safety of pupils, other school employees and persons in proximity to the altercation, fight or incident, provided that:

 


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      (a) The school employee is acting within the course and scope of his or her employment and within the course and scope of his or her role in maintaining order, discipline or the safety of pupils;

      (b) The actions of the school employee are consistent with federal, state and local laws and the policies of the school district employing the school employee or the school at which the school employee is employed relating to the maintenance of safety and discipline; and

      (c) Any harm caused by the intervention was not the result of:

             (1) Willful or intentional misconduct;

             (2) Gross negligence;

             (3) Reckless misconduct; or

             (4) A conscious, flagrant indifference to the rights or safety of the person harmed.

      2.  If any school employee intervenes in a fight or altercation involving a pupil, the school employee shall report the incident to school administration as soon as practicable and in accordance with the policies and protocols established by the school employing the school employee.

      3.  Each school shall maintain a record of reports received pursuant to subsection 2 and use these records only to assess the need for additional training, support or policy adjustments to improve school safety practices.

      4.  As used in this section:

      (a) “Intervene” or “intervention” means taking any physical or verbal action to prevent, separate or otherwise manage pupils in a manner designed to avoid imminent harm to pupils, school employees or others in proximity to the area where such actions are taken.

      (b) “School employee” means a licensed or unlicensed person who is employed by a private school.

      Sec. 59. Chapter 396 of NRS is hereby amended by adding thereto the provisions set forth as sections 59.3 and 59.5 of this act.

      Sec. 59.3. The Board of Regents shall, in consultation with the Department, develop a method for sharing with the Department the unique number for student identification issued by the System to an applicant for a license to teach issued pursuant to chapter 391 of NRS who received a baccalaureate degree or master’s degree from an institution within the System. The method must be developed using the best practices for identifying the number of graduates of institutions within the System who become licensed teachers in this State.

      Sec. 59.5. The Board of Regents may require each institution within the System that offers a program of study to satisfy the educational requirements for a license to teach elementary school to collaborate with the Department and the Commission on Professional Standards in Education to develop within the program of study a course of instruction in foundational literacy skills that satisfies the requirements adopted pursuant to paragraph (d) of subsection 1 of NRS 391.019 to qualify to teach kindergarten and grades 1, 2 and 3.

      Sec. 60. Chapter 179A of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  The Department of Education, may, at no cost to the Department of Education, participate in the Rap Back Program administered in this State by the Central Repository. The Central Repository may retain fingerprints and submit fingerprints to the Federal Bureau of Investigation for the purpose of enabling the Department of Education to receive ongoing status notifications of any criminal history of a person who is licensed by the Superintendent of Public Instruction pursuant to NRS 391.033 if the subscription to the service is active.

 


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notifications of any criminal history of a person who is licensed by the Superintendent of Public Instruction pursuant to NRS 391.033 if the subscription to the service is active. For the purposes of the Rap Back Program, the Department of Education is hereby deemed to be an authorized entity that engages in the licensing of educational personnel pursuant to NRS 391.033.

      2.  Any fingerprints forwarded to the Central Repository for the purpose of licensure pursuant to NRS 391.033 must be retained in the state and federal Next Generation Identification Systems for the purpose of participating in the Rap Back Program and being searched by future submissions to the state and federal Next Generation Identification Systems, including, without limitation, latent fingerprint searches.

      3.  The Central Repository shall establish a means of collecting, using, safeguarding, handling, retaining, storing, disseminating and destroying any records of criminal history in accordance with the provisions of this chapter and chapter 179A of NRS and the Security Policy and the Administrative Policies of the Nevada Criminal Justice Information System adopted as regulations by the Central Repository.

      4.  The Department of Education shall:

      (a) Before retaining the fingerprints of a person in the state and federal Next Generation Identification Systems for the purpose of participating in the Rap Back Program, obtain the consent of the person to retain the fingerprints and release information concerning his or her criminal history to the Department of Education.

      (b) Notify the Central Repository, in a form and manner prescribed by the Central Repository, when a person licensed pursuant to NRS 391.033 is no longer licensed pursuant to that section. Upon receiving such notice, the Central Repository shall:

             (1) Destroy any printed and electronic fingerprint cards and facsimiles of fingerprints that the Central Repository has retained for the person as part of the Rap Back Program; and

             (2) Notify the Federal Bureau of Investigation that the person is no longer licensed by an authorized entity and request that the Federal Bureau of Investigation destroy any printed and electronic fingerprint cards or facsimiles of fingerprints that the Federal Bureau of Investigation has retained for the person in the Rap Back Program.

      5.  As used in this section, “Rap Back Program” means a system maintained by the Central Repository and the Federal Bureau of Investigation that enables authorized entities to receive ongoing status notifications of any criminal history reported for persons whose fingerprints are retained in the Next Generation Identification System maintained by Central Repository and the Federal Bureau of Investigation.

      Sec. 61. NRS 179A.075 is hereby amended to read as follows:

      179A.075  1.  The Central Repository for Nevada Records of Criminal History is hereby created within the Records, Communications and Compliance Division of the Department.

      2.  Each agency of criminal justice and any other agency dealing with crime shall:

      (a) Collect and maintain records, reports and compilations of statistical data required by the Department; and

      (b) Submit the information collected to the Central Repository:

 


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             (1) In the manner approved by the Director of the Department; and

             (2) In accordance with the policies, procedures and definitions of the Uniform Crime Reporting Program of the Federal Bureau of Investigation.

      3.  Each agency of criminal justice shall submit the information relating to records of criminal history that it creates, issues or collects, and any information in its possession relating to the DNA profile of a person from whom a biological specimen is obtained pursuant to NRS 176.09123 or 176.0913, to the Division. The information must be submitted to the Division:

      (a) Through an electronic network;

      (b) On a medium of magnetic storage; or

      (c) In the manner prescribed by the Director of the Department,

Κ within 60 days after the date of the disposition of the case. If an agency has submitted a record regarding the arrest of a person who is later determined by the agency not to be the person who committed the particular crime, the agency shall, immediately upon making that determination, so notify the Division. The Division shall delete all references in the Central Repository relating to that particular arrest.

      4.  Each state and local law enforcement agency shall submit Uniform Crime Reports to the Central Repository:

      (a) In the manner prescribed by the Director of the Department;

      (b) In accordance with the policies, procedures and definitions of the Uniform Crime Reporting Program of the Federal Bureau of Investigation; and

      (c) Within the time prescribed by the Director of the Department.

      5.  The Division shall, in the manner prescribed by the Director of the Department:

      (a) Collect, maintain and arrange all information submitted to it relating to:

             (1) Records of criminal history; and

             (2) The DNA profile of a person from whom a biological specimen is obtained pursuant to NRS 176.09123 or 176.0913.

      (b) When practicable, use a record of the personal identifying information of a subject as the basis for any records maintained regarding him or her.

      (c) Upon request, provide, in paper or electronic form, the information that is contained in the Central Repository to the Committee on Domestic Violence appointed pursuant to NRS 228.470 when, pursuant to NRS 228.495, the Committee is reviewing the death of the victim of a crime that constitutes domestic violence pursuant to NRS 33.018.

      6.  The Division may:

      (a) Disseminate any information which is contained in the Central Repository to any other agency of criminal justice;

      (b) Enter into cooperative agreements with repositories of the United States and other states to facilitate exchanges of information that may be disseminated pursuant to paragraph (a); and

      (c) Request of and receive from the Federal Bureau of Investigation information on the background and personal history of any person whose record of fingerprints or other biometric identifier the Central Repository submits to the Federal Bureau of Investigation and:

 


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             (1) Who has applied to any agency of the State of Nevada or any political subdivision thereof for a license which it has the power to grant or deny;

             (2) With whom any agency of the State of Nevada or any political subdivision thereof intends to enter into a relationship of employment or a contract for personal services;

             (3) Who has applied to any agency of the State of Nevada or any political subdivision thereof to attend an academy for training peace officers approved by the Peace Officers’ Standards and Training Commission;

             (4) For whom such information is required or authorized to be obtained pursuant to NRS 62B.270, 62G.223, 62G.353, 424.031, 432A.170, 432B.198, 433B.183, 449.123 and 449.4329; or

             (5) About whom any agency of the State of Nevada or any political subdivision thereof is authorized by law to have accurate personal information for the protection of the agency or the persons within its jurisdiction.

      7.  To request and receive information from the Federal Bureau of Investigation concerning a person pursuant to subsection 6, the Central Repository must receive:

      (a) The person’s complete set of fingerprints for the purposes of:

             (1) Booking the person into a city or county jail or detention facility;

             (2) Employment;

             (3) Contractual services; or

             (4) Services related to occupational licensing;

      (b) One or more of the person’s fingerprints for the purposes of mobile identification by an agency of criminal justice; or

      (c) Any other biometric identifier of the person as it may require for the purposes of:

             (1) Arrest; or

             (2) Criminal investigation,

Κ from the agency of criminal justice or agency of the State of Nevada or any political subdivision thereof and submit the received data to the Federal Bureau of Investigation for its report.

      8.  The Central Repository shall:

      (a) Collect and maintain records, reports and compilations of statistical data submitted by any agency pursuant to subsection 2.

      (b) Tabulate and analyze all records, reports and compilations of statistical data received pursuant to this section.

      (c) Disseminate to federal agencies engaged in the collection of statistical data relating to crime information which is contained in the Central Repository.

      (d) Investigate the criminal history of any person who:

             (1) Has applied to the Superintendent of Public Instruction for the issuance [or renewal] of a license;

             (2) Has applied to a county school district, charter school or private school for employment or to serve as a volunteer; or

             (3) Is employed by or volunteers for a county school district, charter school or private school,

Κ and immediately notify the superintendent of each county school district, the governing body of each charter school and the Superintendent of Public Instruction, or the administrator of each private school, as appropriate, if the investigation of the Central Repository indicates that the person has been convicted of a violation of NRS 200.508, 201.230, 453.3385, 453.3387 or 453.339, or convicted of a felony or any offense involving moral turpitude.

 


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investigation of the Central Repository indicates that the person has been convicted of a violation of NRS 200.508, 201.230, 453.3385, 453.3387 or 453.339, or convicted of a felony or any offense involving moral turpitude.

      (e) Upon discovery, immediately notify the superintendent of each county school district, the governing body of each charter school or the administrator of each private school, as appropriate, by providing the superintendent, governing body or administrator with a list of all persons:

             (1) Investigated pursuant to paragraph (d); or

             (2) Employed by or volunteering for a county school district, charter school or private school whose fingerprints were sent previously to the Central Repository for investigation,

Κ who the Central Repository’s records indicate have been convicted of a violation of NRS 200.508, 201.230, 453.3385, 453.3387 or 453.339, or convicted of a felony or any offense involving moral turpitude since the Central Repository’s initial investigation. The superintendent of each county school district, the governing body of a charter school or the administrator of each private school, as applicable, shall determine whether further investigation or action by the district, charter school or private school, as applicable, is appropriate.

      (f) Investigate the criminal history of each person who submits one or more fingerprints or other biometric identifier or has such data submitted pursuant to NRS 62B.270, 62G.223, 62G.353, 424.031, 432A.170, 432B.198, 433B.183, 449.122, 449.123 or 449.4329.

      (g) Provide an electronic means to access on the Central Repository’s Internet website statistical data relating to crime.

      (h) Provide an electronic means to access on the Central Repository’s Internet website statistical data about domestic violence in this State.

      (i) Identify and review the collection and processing of statistical data relating to criminal justice by any agency identified in subsection 2 and make recommendations for any necessary changes in the manner of collecting and processing statistical data by any such agency.

      (j) Adopt regulations governing biometric identifiers and the information and data derived from biometric identifiers, including, without limitation:

             (1) Their collection, use, safeguarding, handling, retention, storage, dissemination and destruction; and

             (2) The methods by which a person may request the removal of his or her biometric identifiers from the Central Repository and any other agency where his or her biometric identifiers have been stored.

      9.  The Central Repository may:

      (a) In the manner prescribed by the Director of the Department, disseminate compilations of statistical data and publish statistical reports relating to crime.

      (b) Charge a reasonable fee for any publication or special report it distributes relating to data collected pursuant to this section. The Central Repository may not collect such a fee from an agency of criminal justice or any other agency dealing with crime which is required to submit information pursuant to subsection 2. All money collected pursuant to this paragraph must be used to pay for the cost of operating the Central Repository or for any other purpose authorized by the Legislature, and any balance of the money remaining at the end of a fiscal year reverts to the State General Fund.

 


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      (c) In the manner prescribed by the Director of the Department, use electronic means to receive and disseminate information contained in the Central Repository that it is authorized to disseminate pursuant to the provisions of this chapter.

      10.  As used in this section:

      (a) “Mobile identification” means the collection, storage, transmission, reception, search, access or processing of a biometric identifier using a handheld device.

      (b) “Personal identifying information” means any information designed, commonly used or capable of being used, alone or in conjunction with any other information, to identify a person, including, without limitation:

             (1) The name, driver’s license number, social security number, date of birth and photograph or computer-generated image of a person; and

             (2) A biometric identifier of a person.

      (c) “Private school” has the meaning ascribed to it in NRS 394.103.

      Sec. 62. Chapter 218D of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  For a regular session, the Commission on School Funding created by NRS 387.1246 may request the drafting of not more than 1 legislative measure which relates to matters within the scope of the Commission. The requests must be submitted to the Legislative Counsel on or before September 1 preceding a regular session.

      2.  A request made pursuant to this section must be on a form prescribed by the Legislative Counsel. A legislative measure requested pursuant to this section must be prefiled on or before the third Wednesday in November preceding a regular session. A legislative measure that is not prefiled on or before that day shall be deemed withdrawn.

      Sec. 63. NRS 218D.100 is hereby amended to read as follows:

      218D.100  1.  The provisions of NRS 218D.100 to 218D.220, inclusive, and section 62 of this act apply to requests for the drafting of legislative measures for a regular session.

      2.  Except as otherwise provided by a specific statute, joint rule or concurrent resolution, the Legislative Counsel shall not honor a request for the drafting of a legislative measure if the request:

      (a) Exceeds the number of requests authorized by NRS 218D.100 to 218D.220, inclusive, and section 62 of this act for the requester; or

      (b) Is submitted by an authorized nonlegislative requester pursuant to NRS 218D.175 to 218D.220, inclusive, and section 62 of this act, but is not in a subject related to the function of the requester.

      3.  The Legislative Counsel shall not:

      (a) Honor a request to change the subject matter of a request for the drafting of a legislative measure after it has been submitted for drafting.

      (b) Honor a request for the drafting of a legislative measure which has been combined in violation of Section 17 of Article 4 of the Nevada Constitution.

      Secs. 64 and 65. (Deleted by amendment.)

      Sec. 66. NRS 288.150 is hereby amended to read as follows:

      288.150  1.  Except as otherwise provided in subsection 6 and NRS 354.6241, every local government employer shall negotiate in good faith through one or more representatives of its own choosing concerning the mandatory subjects of bargaining set forth in subsection 2 with the designated representatives of the recognized employee organization, if any, for each appropriate bargaining unit among its employees.

 


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for each appropriate bargaining unit among its employees. If either party so requests, agreements reached must be reduced to writing.

      2.  The scope of mandatory bargaining is limited to:

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

      (b) Sick leave.

      (c) Vacation leave.

      (d) Holidays.

      (e) Other paid or nonpaid leaves of absence.

      (f) Insurance benefits.

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

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

      (i) Except as otherwise provided in subsections 8 and 11, discharge and disciplinary procedures.

      (j) Recognition clause.

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

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

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

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

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

      (p) General savings clauses.

      (q) Duration of collective bargaining agreements.

      (r) Safety of the employee.

      (s) Teacher preparation time.

      (t) Materials and supplies for classrooms.

      (u) Except as otherwise provided in subsections 9 and 11, the policies for the transfer and reassignment of teachers.

      (v) The salary incentive program for differential pay for professional growth that must be made available to licensed educational personnel pursuant to section 55 of this act.

      (w) Procedures for reduction in workforce consistent with the provisions of this chapter.

      [(w)] (x) Procedures consistent with the provisions of subsection 6 for the reopening of collective bargaining agreements for additional, further, new or supplementary negotiations during periods of fiscal emergency.

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

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

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

      (c) The right to determine:

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

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

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

 


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

      (d) Safety of the public.

      4.  The provisions of NRS 245.063, 268.4069 and 391.1605 are not subject to negotiations with an employee organization. Any provision of a collective bargaining agreement negotiated pursuant to this chapter which differs from or conflicts in any way with the provisions of NRS 245.063, 268.4069 or 391.1605 is unenforceable and void.

      5.  If the local government employer is a school district, any money appropriated by the State to carry out increases in salaries or benefits for the employees of the school district is subject to negotiations with an employee organization.

      6.  Notwithstanding the provisions of any collective bargaining agreement negotiated pursuant to this chapter, a local government employer is entitled to:

      (a) Reopen a collective bargaining agreement for additional, further, new or supplementary negotiations relating to compensation or monetary benefits during a period of fiscal emergency. Negotiations must begin not later than 21 days after the local government employer notifies the employee organization that a fiscal emergency exists. For the purposes of this section, a fiscal emergency shall be deemed to exist:

             (1) If the amount of revenue received by the general fund of the local government employer during the last preceding fiscal year from all sources, except any nonrecurring source, declined by 5 percent or more from the amount of revenue received by the general fund from all sources, except any nonrecurring source, during the next preceding fiscal year, as reflected in the reports of the annual audits conducted for those fiscal years for the local government employer pursuant to NRS 354.624; or

             (2) If the local government employer has budgeted an unreserved ending fund balance in its general fund for the current fiscal year in an amount equal to 4 percent or less of the actual expenditures from the general fund for the last preceding fiscal year, and the local government employer has provided a written explanation of the budgeted ending fund balance to the Department of Taxation that includes the reason for the ending fund balance and the manner in which the local government employer plans to increase the ending fund balance.

      (b) Take whatever actions may be necessary to carry out its responsibilities in situations of emergency such as a riot, military action, natural disaster or civil disorder. Those actions may include the suspension of any collective bargaining agreement for the duration of the emergency.

Κ Any action taken under the provisions of this subsection must not be construed as a failure to negotiate in good faith.

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

      8.  If the sponsor of a charter school reconstitutes the governing body of a charter school pursuant to NRS 388A.330, the new governing body may terminate the employment of any teachers or other employees of the charter school, and any provision of any agreement negotiated pursuant to this chapter that provides otherwise is unenforceable and void.

      9.  The board of trustees of a school district in which a school is designated as a turnaround school pursuant to NRS 388G.400 or the principal of such a school, as applicable, may take any action authorized pursuant to NRS 388G.400, including, without limitation:

 


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principal of such a school, as applicable, may take any action authorized pursuant to NRS 388G.400, including, without limitation:

      (a) Reassigning any member of the staff of such a school; or

      (b) If the staff member of another public school consents, reassigning that member of the staff of the other public school to such a school.

      10.  Any provision of an agreement negotiated pursuant to this chapter which differs from or conflicts in any way with the provisions of subsection 9 or imposes consequences on the board of trustees of a school district or the principal of a school for taking any action authorized pursuant to subsection 9 is unenforceable and void.

      11.  The board of trustees of a school district or the governing body of a charter school or university school for profoundly gifted pupils may use a substantiated report of the abuse or neglect of a child or a violation of NRS 201.540, 201.553, 201.560, 392.4633 or 394.366 obtained from the Statewide Central Registry for the Collection of Information Concerning the Abuse or Neglect of a Child established by NRS 432.100 or an equivalent registry maintained by a governmental agency in another jurisdiction for the purposes authorized by NRS 388A.515, 388C.200, 391.033, 391.104 or 391.281, as applicable. Such purposes may include, without limitation, making a determination concerning the assignment, discipline or termination of an employee. Any provision of any agreement negotiated pursuant to this chapter which conflicts with the provisions of this subsection is unenforceable and void.

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

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

      14.  As used in this section, “abuse or neglect of a child” has the meaning ascribed to it in NRS 392.281.

      Sec. 67. NRS 354.6015 is hereby amended to read as follows:

      354.6015  1.  Except as otherwise provided in subsection 3, the governing board of a local government shall:

      (a) Submit electronically a fiscal report of the local government to the Department of Taxation in accordance with the requirements prescribed by the Committee on Local Government Finance pursuant to subsection 2; and

      (b) [Publish] Except as otherwise provided in this paragraph, publish a summary of the fiscal report, which must contain the information required by the Committee on Local Government Finance pursuant to subsection 2, in a newspaper of general circulation in the county in which the local government is situated. The requirements of this paragraph do not apply to the governing body of a school district.

      2.  The Committee on Local Government Finance shall prescribe, by regulation:

      (a) The dates and times for filing a fiscal report, which must require a local government to file at least one fiscal report per year;

      (b) The content of a fiscal report, which must include, without limitation, revenues, expenditures, fund balances, cash balances, components of assessed value, debt schedules and any other information that the Committee on Local Government Finance determines to be appropriate for determining the financial status of a local government; and

 


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      (c) [The content for a summary of a fiscal report that must be published pursuant to subsection 1; and

      (d)] A uniform method for creating and submitting a fiscal report electronically pursuant to this section. The method must facilitate the storage and reproduction of the fiscal report in electronic format by the Department of Taxation.

      3.  The Committee on Local Government Finance may establish, by regulation, an exception to the requirement that a fiscal report be submitted to the Department of Taxation in electronic format. The exception must be limited to local governments that the Committee determines do not have the financial ability to comply with the method for submitting a fiscal report to the Department of Taxation prescribed by the Committee. If the Committee on Local Government Finance provides an exception pursuant to this subsection, the Committee shall provide, by regulation, specific standards that it will use to determine whether a local government qualifies for an exemption pursuant to this subsection.

      4.  The Committee on Local Government Finance shall adopt regulations pursuant to this section in the manner prescribed for state agencies in chapter 233B of NRS.

      Sec. 68. Chapter 610 of NRS is hereby amended by adding thereto the provisions set forth as sections 69 and 70 of this act.

      Sec. 69. 1.  The Nevada Registered Teacher Apprenticeship Support Account is hereby created in the State General Fund. The Account must be administered by the State Apprenticeship Director.

      2.  The interest and income earned on:

      (a) The money in the Account, after deducting any applicable charges; and

      (b) Unexpended appropriations made to the Account from the State General Fund,

Κ must be credited to the Account.

      3.  Any money remaining in the Account at the end of a fiscal year, including, without limitation, any unexpended appropriations made to the Account from the State General Fund, reverts to the State General Fund.

      4.  The State Apprenticeship Director may accept gifts and grants of money from any source for deposit in the Account.

      5.  The money in the Account may only be used to provide grants of money pursuant to section 70 of this act.

      Sec. 70. 1.  The Nevada Registered Teacher Apprenticeship Support Program is hereby created in the Office of Labor Commissioner. The purpose of the program is to provide grants of money to sponsors of apprenticeship programs in teaching that have been approved by the Council to provide:

      (a) Wrap-around support and staffing services to recruit, prepare and retain apprentices participating in an apprenticeship program in teaching who desire to become licensed teachers in public schools in this State; and

      (b) Instruction, including, without limitation, professional development, coaching, mentoring and induction required during an apprenticeship in teaching.

      2.  The State Apprenticeship Director shall:

      (a) Administer the Program.

      (b) Establish requirements for eligibility to participate in the Program, including, without limitation, requiring an applicant to:

 


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             (1) Establish that the apprenticeship program sponsored by the applicant has been approved by the Council pursuant to NRS 610.095;

             (2) Use evidence-based metrics to evaluate the success of the apprenticeship program; and

             (3) Demonstrate the capability of the applicant to successfully recruit participants for the program, prepare the participants to become teachers and retain the participants in a public school in this State; and

      (c) Evaluate applications submitted pursuant to this section.

      3.  In evaluating an application for a grant of money awarded pursuant to this section, the State Apprenticeship Director shall give priority to an applicant who:

      (a) Complies with the requirements of subsection 2;

      (b) Demonstrates previous success in carrying out an apprenticeship program;

      (c) Provides a plan for new or innovative wrap-around supports that are determined to be of high quality by the State Apprenticeship Director; and

      (d) Provides a plan to efficiently use the grant of money awarded pursuant to this section to maximize the number of participants in an apprenticeship program who will benefit from its use.

      4.  An applicant who receives a grant of money pursuant to this section shall:

      (a) Develop, in collaboration with the State Apprenticeship Director, standards and goals for the program to meet, including, without limitation, a desired number of pupils to participate in and complete the apprenticeship program;

      (b) Provide wrap-around services to participants in the apprenticeship program; and

      (c) Submit a report to the State Apprenticeship Director at the end of each semester describing the progress of the apprenticeship program in achieving the goals developed pursuant to paragraph (a).

      5.  The State Apprenticeship Director shall ensure that:

      (a) Grants of money are promptly distributed to applicants selected to receive such a grant; and

      (b) Grants of money are awarded proportional to the number of participants in the apprenticeship program, provided that:

             (1) Not more than $4,000 is awarded for each participant; and

             (2) A participant is counted for the purposes of calculating the amount of a grant for not more than 2 years.

      6.  Not more than 5 percent of a grant of money awarded pursuant to this section may be expended by the recipient to cover costs related to facilities and administration of the apprenticeship program for which the recipient is the sponsor.

      7.  The State Apprenticeship Director shall enter into agreements with applicants selected to receive a grant pursuant to this section to ensure the collection and analysis of data relating to the evaluation and identification of metrics concerning apprenticeship programs supported by the grant, including, without limitation:

      (a) Enrollment in the apprenticeship program;

      (b) Demographic information of the participants in the apprenticeship program;

 


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      (c) Retention and graduation rates for the program;

      (d) The number of apprentices who were subsequently employed by a public school in this State during the 3 years after graduation; and

      (e) The results of any surveys conducted of participants concerning the effectiveness of the apprenticeship program and any deficits in resources made available to a participant during his or her participation in the apprenticeship program.

      8.  On or before June 30 of each year, the State Apprenticeship Director shall prepare a report on the status of the Program and the effectiveness of the grants awarded pursuant to this section and submit the report to the:

      (a) Governor; and

      (b) Director of the Legislative Counsel Bureau for transmittal to the Joint Interim Standing Committee on Education.

      Sec. 71.  1.  There is hereby appropriated from the State General Fund to the Commission on Recruitment and Retention established pursuant to section 37 of this act the sum of $500,000 for the cost of conducting the studies required by section 38 of this act.

      2.  Any remaining balance of the appropriation made by subsection 1 must not be committed for expenditure after June 30, 2027, by the entity to which the appropriation is made or any entity to which money from the appropriation is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after September 17, 2027, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State General Fund on or before September 17, 2027.

      Sec. 72.  1.  There is hereby appropriated from the State General Fund to the Department of Education for the Nevada Institute on Teaching and Educator Preparation, if established pursuant to NRS 396.5185, the following sums:

For the Fiscal Year 2025-2026................................................. $1,000,000

For the Fiscal Year 2026-2027................................................. $1,000,000

      2.  In making an expenditure from the money appropriated by subsection 1, the Nevada Institute on Teaching and Educator Preparation may expend not more than $75,000 for administrative expenses.

      3.  The Nevada Institute on Teaching and Educator Preparation shall:

      (a) Prepare and transmit a report to the Interim Finance Committee on or before December 20, 2026, that describes each expenditure made from the money appropriated by subsection 1 from the date on which the money was received by the Institute through December 1, 2026; and

      (b) Prepare and transmit a final report to the Interim Finance Committee on or before October 1, 2027, that describes each expenditure made from the money appropriated by subsection 1 from the date on which the money was received by the Institute through June 30, 2027.

      4.  Any balance of the sums appropriated by subsection 1 remaining at the end of the respective fiscal years must not be committed for expenditure after June 30 of the respective fiscal years by the entity to which the appropriation is made or any entity to which money from the appropriation is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after September 18, 2026, and September 17, 2027, respectively, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State General Fund on or before September 18, 2026, and September 17, 2027, respectively.

 


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was subsequently granted or transferred, and must be reverted to the State General Fund on or before September 18, 2026, and September 17, 2027, respectively.

      Sec. 73.  1.  There is hereby appropriated from the State General Fund to the Department of Education for disbursement to school districts, sponsors of charter schools and nonprofit organizations which provide early childhood education in this State to fund the expansion of facilities for early childhood education in areas of this State where access to high-quality early childhood education is limited and there is a commitment to providing the early childhood education for free or at low cost in underserved communities the following sums:

For the Fiscal Year 2025-2026................................................. $4,000,000

For the Fiscal Year 2026-2027................................................. $5,000,000

      2.  The Department shall disburse not more than $150,000 for each 800 square feet of expansion for the purposes described in subsection 1.

      3.  Any balance of the sums appropriated by subsection 1 remaining at the end of the respective fiscal years must not be committed for expenditure after June 30 of the respective fiscal years by the entity to which the appropriation is made or any entity to which money from the appropriation is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after September 18, 2026, and September 17, 2027, respectively, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State General Fund on or before September 18, 2026, and September 17, 2027, respectively.

      Sec. 74.  1.  There is hereby appropriated from the State General Fund to the Nevada Registered Teacher Apprenticeship Support Account created by section 69 of this act for the support of the Nevada Registered Teacher Apprenticeship Support Program created by section 70 of this act the following sums:

For the Fiscal Year 2025-2026................................................. $1,000,000

For the Fiscal Year 2026-2027................................................. $1,000,000

      2.  Any balance of the sums appropriated by subsection 1 remaining at the end of the respective fiscal years must not be committed for expenditure after June 30 of the respective fiscal years by the entity to which the appropriation is made or any entity to which money from the appropriation is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after September 18, 2026, and September 17, 2027, respectively, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State General Fund on or before September 18, 2026, and September 17, 2027, respectively.

      Sec. 75.  1.  There is hereby appropriated from the State General Fund to the Early Childhood Literacy and Readiness Account created by NRS 387.1273 for the awarding of grants of money to support early childhood literacy and readiness programs pursuant to NRS 387.1275 the following sums:

For the Fiscal Year 2025-2026................................................................. $0

For the Fiscal Year 2026-2027............................................... $12,000,000

      2.  Any balance of the sums appropriated by subsection 1 remaining at the end of the respective fiscal years must not be committed for expenditure after June 30 of the respective fiscal years by the entity to which the appropriation is made or any entity to which money from the appropriation is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after September 18, 2026, and September 17, 2027, respectively, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State General Fund on or before September 18, 2026, and September 17, 2027, respectively.

 


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after June 30 of the respective fiscal years by the entity to which the appropriation is made or any entity to which money from the appropriation is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after September 18, 2026, and September 17, 2027, respectively, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State General Fund on or before September 18, 2026, and September 17, 2027, respectively.

      Secs. 75.5 and 76. (Deleted by amendment.)

      Sec. 76.5.  1.  There is hereby appropriated from the State General Fund to the Department of Education for the purpose of carrying out the provisions of section 33.93 of this act the following sums:

For the Fiscal Year 2025-2026................................................. $1,000,000

For the Fiscal Year 2026-2027................................................. $1,000,000

      2.  The sums appropriated by subsection 1 are available for either fiscal year. Any remaining balance of those sums must not be committed for expenditure after June 30, 2027, by the entity to which the appropriation is made or any entity to which money from the appropriation is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after September 17, 2027, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State General Fund on or before September 17, 2027.

      Sec. 77. (Deleted by amendment.)

      Sec. 77.5.  1.  There is hereby appropriated from the State General Fund to the Department of Education for the purpose providing transportation to pupils who attend school outside the zone of attendance that the pupils are otherwise required to attend and who demonstrate a financial need the following sums:

For the Fiscal Year 2025-2026................................................................. $0

For the Fiscal Year 2026-2027................................................. $7,000,000

      2.  The Department of Education shall, for the purposes of subsection 1, adopt regulations prescribing a method for a pupil to demonstrate a financial need for transportation assistance.

      3.  Any balance of the sums appropriated by subsection 1 remaining at the end of the respective fiscal years must not be committed for expenditure after June 30 of the respective fiscal years by the entity to which the appropriation is made or any entity to which money from the appropriation is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after September 18, 2026, and September 17, 2027, respectively, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State General Fund on or before September 18, 2026, and September 17, 2027, respectively.

      Sec. 78.  1.  There is hereby appropriated from the State General Fund to the Department of Education the sum of $500,000 for the maintenance of a portal used to measure the supply and demand of the educator workforce in this State to ensure the accountability and transparency of efforts to recruit and retain educators.

      2.  The Department shall use the portal described in subsection 1 to monitor, without limitation:

 


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      (a) The average class size in this State;

      (b) The access a school district has to teachers with classroom experience;

      (c) The use of long-term substitutes by school districts in this State;

      (d) The average and median age of teachers employed by school districts in this State;

      (e) The ratio of the members of a school staff who are licensed to the members of a school staff who are not licensed; and

      (f) Metrics that describe the ability of school districts in this State to hire teachers who were enrolled in a program for teacher and educator preparation established by an institution within the Nevada System of Higher Education.

      3.  Any remaining balance of the appropriation made by subsection 1 must not be committed for expenditure after June 30, 2027, by the entity to which the appropriation is made or any entity to which money from the appropriation is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after September 17, 2027, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State General Fund on or before September 17, 2027.

      Sec. 78.3.  1.  There is hereby appropriated from the State General Fund to the Department of Education for the purpose of carrying out the provisions of this act, including personnel costs and improving the efficiency and delivery of services the following sums:

For the Fiscal Year 2025-2026................................................. $2,500,000

For the Fiscal Year 2026-2027................................................. $4,000,000

      2.  Any balance of the sums appropriated by subsection 1 remaining at the end of the respective fiscal years must not be committed for expenditure after June 30 of the respective fiscal years by the entity to which the appropriation is made or any entity to which money from the appropriation is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after September 18, 2026, and September 17, 2027, respectively, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State General Fund on or before September 18, 2026, and September 17, 2027, respectively.

      Sec. 78.4.  1.  There is hereby appropriated from the State General Fund to the Department of Education for the purpose of providing grants of money to school districts and charter schools for the provision of access to literacy interventionists and tutoring programs, on the campus of a school or in-person, for pupils in kindergarten and grades 1 to 5, inclusive the following sums:

For the Fiscal Year 2025-2026................................................. $1,000,000

For the Fiscal Year 2026-2027................................................. $1,000,000

      2.  In awarding grants pursuant to subsection 1, priority must be given to ensuring access to, and the provision of, such programs to pupils attending a public school designated as a 1-star school or a public school designated as “Focus,” “Center Focus” or “Priority Growth.”

      3.  Any balance of the sums appropriated by subsection 1 remaining at the end of the respective fiscal years must not be committed for expenditure after June 30 of the respective fiscal years by the entity to which the appropriation is made or any entity to which money from the appropriation is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after September 18, 2026, and September 17, 2027, respectively, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State General Fund on or before September 18, 2026, and September 17, 2027, respectively.

 


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after June 30 of the respective fiscal years by the entity to which the appropriation is made or any entity to which money from the appropriation is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after September 18, 2026, and September 17, 2027, respectively, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State General Fund on or before September 18, 2026, and September 17, 2027, respectively.

      Sec. 78.5.  1.  There is hereby appropriated from the State General Fund to the Department of Education the sum of $400,000 for the purpose of revising and providing training concerning the statewide performance evaluation system established pursuant to NRS 391.465, as amended by section 49 of this act.

      2.  Any remaining balance of the appropriation made by subsection 1 must not be committed for expenditure after June 30, 2027, by the entity to which the appropriation is made or any entity to which money from the appropriation is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after September 17, 2027, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State General Fund on or before September 17, 2027.

      Sec. 78.6.  1.  There is hereby appropriated from the State General Fund to the Commission on School Funding the sum of $400,000 for analysis and research support.

      2.  Any remaining balance of the appropriation made by subsection 1 must not be committed for expenditure after June 30, 2027, by the entity to which the appropriation is made or any entity to which money from the appropriation is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after September 17, 2027, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State General Fund on or before September 17, 2027.

      Sec. 78.7.  1.  There is hereby appropriated from the State General Fund to the Commission on School Funding the sum of $250,000 for reviewing revenue and tax structures and making any subsequent recommendations.

      2.  Any remaining balance of the appropriation made by subsection 1 must not be committed for expenditure after June 30, 2027, by the entity to which the appropriation is made or any entity to which money from the appropriation is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after September 17, 2027, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State General Fund on or before September 17, 2027.

      Sec. 78.8.  1.  There is hereby appropriated from the State General Fund to the Commission on School Funding the sum of $20,000 for meeting and travel costs of the Commission.

 


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      2.  Any remaining balance of the appropriation made by subsection 1 must not be committed for expenditure after June 30, 2027, by the entity to which the appropriation is made or any entity to which money from the appropriation is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after September 17, 2027, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State General Fund on or before September 17, 2027.

      Sec. 79.  The provisions of section 55 of this act apply to any contract in existence on July 1, 2025, to the extent that the provisions of section 55 of this act do not conflict with the terms of such a contract and to the extent that a conflict exists, the provisions of the contract control.

      Sec. 80.  (Deleted by amendment.)

      Sec. 81.  1.  The Commission on School Funding created by NRS 387.1246 shall conduct an interim study concerning public school funding. The study must include, without limitation, an examination of:

      (a) The efficiency of developing reporting requirements relating to education, including, without limitation, accountability of school districts and whether such reporting requirements should be consolidated or eliminated, including, without limitation, whether the Department of Education should create a portal to receive such consolidated data;

      (b) The capacity of the Department to properly store and collect data received from school districts and whether data requested from school districts and charter schools by state agencies other than the Department should be coordinated through the Department to ensure efficiency;

      (c) The levels of funding and staffing that are necessary for the adequate implementation of multi-tiered systems of supports in schools in this State;

      (d) The ability of school districts to implement a consistent method of recording and allocating costs within the school district;

      (e) Adequate levels of staffing that are necessary for meeting the needs of pupils;

      (f) Whether there is a better method of optimizing the weight relative to base per pupil funding that is given to pupils described in paragraph (e) of subsection 2 of NRS 387.1214 and 387.122;

      (g) The funding necessary to ensure that the Department is adequately staffed and has the appropriate resources it needs, including, without limitation, technological resources;

      (h) Methods used by other states to identify at-risk pupils and whether this State should use similar methods; and

      (i) Funding for charter schools in this State, including, without limitation:

             (1) The provision of funds from the Federal Government and this State; and

             (2) The use of such funding for, without limitation, the provision of special education and related services, transportation services and facilities.

      2.  On or before November 15, 2026, the Commission shall submit a report of its findings from the study performed pursuant to subsection 1, including, without limitation, any recommendations for legislation, to the Governor and the Director of the Legislative Counsel Bureau for transmittal to the 84th Session of the Nevada Legislature.

 


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      Sec. 81.5.  1.  One or more institutions within the Nevada System of Higher Education may establish and operate a pilot program to offer an alternative pathway for assessing the competency of applicants for a license to teach pupils in this State through the use of alternative assessment methods.

      2.  A pilot program established pursuant to subsection 1 must:

      (a) Select not more than 100 participants for the pilot program each academic year;

      (b) Select not more than 25 teachers licensed pursuant to chapter 391 of NRS who have taught in a public school in this State for at least 5 years to serve as mentors for participants in the pilot program;

      (c) Include a curriculum of professional development for participants in the pilot program that consists of at least 10 sessions and is aligned with the criteria for designating a teacher as effective or highly effective under the statewide performance evaluation system established by the State Board of Education pursuant to NRS 391.465;

      (d) Require, for the duration of the pilot program, a teacher selected to serve as a mentor pursuant to paragraph (b) to conduct a monthly meeting with each participant who is assigned as his or her mentee;

      (e) For a participant to receive credit for satisfactorily completing the pilot program, require the participant to, while he or she is participating in the pilot program, receive at least two consecutive evaluations, conducted pursuant to NRS 391.685, in which the overall performance of the teacher was designated as effective or highly effective;

      (f) For alternative assessment methods, assess the validity and reliability of the methods and ability of the methods to be scaled to accommodate a greater number of participants;

      (g) Promote assessment practices that are inclusive and equitable and that support a diversity of learning styles and experiences;

      (h) Align alternative assessment methods with applicable state standards, requirements for accreditation and the needs of school districts in this State; and

      (i) Collect and analyze data to provide evidence-based recommendations for the potential implementation of alternative assessment methods in this State.

      3.  A person is eligible to participate in a pilot program established pursuant to this section if he or she is an applicant for a license to teach issued pursuant to chapter 391 of NRS and holds;

      (a) A provisional license issued by the Superintendent of Public Instruction pursuant to NRS 391.032;

      (b) A special license as an emergency substitute teacher issued by the Department of Education; or

      (c) An endorsement to serve as a substitute teacher in early childhood education through grade 12 issued by the State Board of Education.

      4.  The Department of Education shall:

      (a) For each participant in the pilot program established pursuant to this section, extend for 24 months after selection participate in the pilot program any deadline for removing a provision on a provisional license issued by the Superintendent of Public Instruction pursuant to NRS 391.032 that requires successfully passing a competency test required to receive an initial license to teach pursuant to NRS 391.021.

 


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      (b) Upon successful completion of the pilot program by a participant who holds a provisional license issued by the Superintendent of Public Instruction pursuant to NRS 391.032, remove any provision on the provisional license issued to the applicant which requires the applicant to pass a competency test in the principles and methods of teaching.

      5.  Each institution that offers a pilot program pursuant to this section shall:

      (a) On or before July 1 of each year of operation of the pilot program established pursuant to this section:

             (1) Compile a report describing the progress of the pilot program, including, without limitation:

                   (I) Demographic information for participants in the pilot program;

                   (II) The success of professional development services provided by the pilot program;

                   (III) Preliminary findings of the pilot program.

             (2) Submit the report compiled pursuant to subparagraph (1) to:

                   (I) The Director of the Legislative Counsel Bureau for transmittal to the Joint Interim Standing Committee on Education;

                   (II) The State Board of Education; and

                   (III) The Commission on Professional Standards in Education.

      (b) Not later than 6 months after the pilot program established pursuant to this section ceases operation, submit to the Department of Education:

             (1) A plan for implementing the pilot program in a permanent format that can accommodate all prospective applicants that describes the structure and curriculum of the pilot program; and

             (2) The metrics of success for the pilot program.

      6.  As used in this section:

      (a) “Alternative assessment methods” means valid and reliable methods used for determining, for an initial license to teach issued pursuant to NRS 391.019, the applicant’s competency in, knowledge of and ability to provide instruction in accordance with sound principles and methods of teaching appropriate to the applicant’s required level of competence that is equivalent to the “Principles of Learning and Teaching Test” prepared and administered by the Educational Testing Service.

      (b) “Metrics of success” includes, without limitation:

             (1) An evaluation of the growth in competency, professional engagement and readiness for participants in the pilot program established pursuant to this section;

             (2) An analysis of the impact of the pilot program on the retention, effectiveness and morale of teachers; and

             (3) Benchmarks for satisfactory completion of the pilot program.

      (c) “Participant” means an applicant for a license to teach who is selected to participate in the pilot program established pursuant to this section.

      Sec. 82.  The provisions of NRS 354.599 do not apply to any additional expenses of a local government that are related to the provisions of this act.

      Sec. 83.  1.  Notwithstanding the provisions of NRS 391.033, as amended by section 43 of this act, and NRS 391.040, as amended by section 45 of this act, an applicant for the renewal of a license issued by the Superintendent of Public Instruction must submit with the first renewal of his or her license after July 1, 2029.

 


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      (a) A complete set of his or her fingerprints and written permission authorizing the Superintendent to forward the fingerprints to the Central Repository for Nevada Records of Criminal History for its report on the criminal history of the applicant, and for submission to the Federal Bureau of Investigation for its report on the criminal history of the applicant; and

      (b) Any fees for processing the fingerprints of the applicant for renewal by the Central Repository for Nevada Records of Criminal History and the Federal Bureau of Investigation. Any fees required by this paragraph must not cause the fees for the renewal of a license to exceed the amount fixed by the Commission on Professional Standards in Education pursuant to NRS 391.040, as that section existed before July 1, 2026.

      2.  Any fingerprints forwarded to the Central Repository for Nevada Records of Criminal History pursuant to this section must be treated in the manner prescribed by section 60 of this act.

      Sec. 84.  The provisions of NRS 218D.380 do not apply to any provision of this act which adds or revises a requirement to submit a report to the Legislature.

      Sec. 84.5.  The Legislative Counsel shall, in preparing the Nevada Revised Statutes, use the authority set forth in NRS 220.120 to substitute appropriately the term:

      1.  “Focus” for the term “low-performing” as previously used in reference to a low-performing school district, sponsor of a charter school or school.

      2.  “Priority” for the term “underperforming” as previously used in reference to an underperforming school district or sponsor of a charter school or persistently underperforming school.

      Sec. 85. NRS 387.206, 387.2062, 388G.500, 388G.610, 388G.670, 391.027, 391.486, 391.488, 391.490, 391.492, 391.494 and 391.496 are hereby repealed.

      Sec. 86.  1.  This section and section 25.3 of this act become effective upon passage and approval.

      2.  Sections 11.5, 12 to 14.1, inclusive, 15.5 to 19, inclusive, 21 to 25, inclusive, 26, 27, 29 to 33, inclusive, 36 to 41, inclusive, 42, 44, 47, 48, 53 to 56, inclusive, 59, 59.3, 62 to 82, inclusive, 84, 84.5 and 85 of this act become effective on July 1, 2025.

      3.  Sections 1 to 9.7, inclusive, 11.7, 14.2 to 14.7, inclusive, 20, 20.5, 33.1 to 33.97, inclusive, 41.5, 41.6, 52.5, 56.2, 56.5, 57 to 58.7, inclusive, and 59.5 of this act become effective:

      (a) Upon passage and approval for the purpose of adopting any regulations and performing any other preparatory administrative tasks that are necessary to carry out the provisions of this act; and

      (b) On July 1, 2026, for all other purposes.

      4.  Sections 10, 11, 34, 35, 43, 45, 46, 49 to 52, inclusive, 60, 61 and 83 become effective on July 1, 2027.

      5.  Section 25.5 of this act becomes effective on October 1, 2027.

      6.  Section 28 of this act becomes effective on July 1, 2028.

      7.  Sections 33.93 and 81.5 of this act expire by limitation on June 30, 2029.

      8.  Section 15 of this act becomes effective on July 1, 2030.

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