USA Statutes : nevada
Title : Title 34 - EDUCATION
Chapter : CHAPTER 389 - EXAMINATIONS, COURSES, STANDARDS AND DIPLOMAS
1. The board of trustees of each school district and the governing
body of each charter school shall ensure that each pupil who is limited
English proficient and is enrolled in the school district or charter
school, as applicable, participates in the achievement and proficiency
examinations administered pursuant to this chapter. The State Board shall
prescribe reasonable modifications and accommodations that must be used
in the administration of an examination to a pupil who is limited English
proficient and who is unable to take an examination under regular testing
conditions. The results of each pupil who is limited English proficient
and who takes an examination with modifications and accommodations must
be reported and included within the determination of whether the school
and the school district have made adequate yearly progress.
2. The board of trustees of a school district and the governing
body of a charter school shall administer to a pupil who is limited
English proficient:
(a) To the extent practicable, examinations in mathematics and
science required by subsection 1 in the language most likely to yield
accurate and reliable information on what the pupil knows.
(b) To the extent practicable, examinations in reading required by
subsection 1 in the language most likely to yield accurate and reliable
information on what the pupil knows if the pupil has attended public
schools in the United States for less than 3 consecutive years.
(c) If the pupil has attended public schools in the United States
for 3 consecutive years but less than 5 consecutive years:
(1) Examinations in reading required by subsection 1 in the
English language; or
(2) Examinations in reading required by subsection 1 in the
language most likely to yield accurate and reliable information on what
the pupil knows if the board of trustees or the governing body, as
applicable, determines that the pupil has not reached a level of English
proficiency sufficient to yield valid and reliable information on what
the pupil knows. The board of trustees or the governing body of a charter
school, as applicable, may grant exceptions for a particular pupil
pursuant to this subparagraph, on a case-by-case basis, for a period not
longer than 2 consecutive years.
(d) If the pupil has attended public schools in the United States
for 5 consecutive years or more, examinations in reading required by
subsection 1 in the English language.
3. The State Board shall prescribe an assessment of proficiency in
the English language for pupils who are limited English proficient to
measure oral language skills, comprehension skills, reading skills and
writing skills. The board of trustees of each school district and the
governing body of each charter school shall administer the assessment
annually at the time prescribed by the State Board. A pupil who takes the
assessment prescribed pursuant to this subsection is not exempt from the
achievement and proficiency examinations administered pursuant to this
chapter.
(Added to NRS by 2003, 19th Special Session, 53 )
1. If a pupil with a disability is unable to take an examination
administered pursuant to NRS 389.015 or
389.550 under regular testing
conditions, the pupil may take the examination with modifications and
accommodations that the pupil’s individualized education program team
determines, in consultation with the Department and in accordance with
the Individuals with Disabilities Education Act, 20 U.S.C. §§ 1400 et
seq., and the No Child Left Behind Act of 2001, 20 U.S.C. §§ 6301 et
seq., are necessary to measure the progress of the pupil. If
modifications or accommodations are made in the administration of an
examination for a pupil with a disability, the modifications or
accommodations must be set forth in the pupil’s individualized education
program. The results of each pupil with a disability who takes an
examination with modifications or accommodations must be reported and
must be included in the determination of whether the school and the
school district have made adequate yearly progress.
2. The State Board shall prescribe an alternate examination for
administration to a pupil with a disability if the pupil’s individualized
education program team determines, in consultation with the Department,
that the pupil cannot participate in all or a portion of an examination
administered pursuant to NRS 389.015 or
389.550 even with modifications and
accommodations.
3. The State Board shall prescribe, in accordance with the
Individuals with Disabilities Education Act, 20 U.S.C. §§ 1400 et seq.,
and the No Child Left Behind Act of 2001, 20 U.S.C. §§ 6301 et seq., the
modifications and accommodations that must be used in the administration
of an examination to a pupil with a disability who is unable to take the
examination under regular testing conditions.
4. As used in this section:
(a) “Individualized education program” has the meaning ascribed to
it in 20 U.S.C. § 1414(d)(1)(A).
(b) “Individualized education program team” has the meaning
ascribed to it in 20 U.S.C. § 1414(d)(1)(B).
(Added to NRS by 2003, 19th Special Session, 54 )
NATIONAL EXAMINATIONS; NORM-REFERENCED EXAMINATIONS; HIGH SCHOOL
PROFICIENCY EXAMINATION
1. The State Board shall:
(a) In accordance with guidelines established by the National
Assessment Governing Board and National Center for Education Statistics
and in accordance with 20 U.S.C. §§ 6301 et seq. and the regulations
adopted pursuant thereto, adopt regulations requiring the schools of this
State that are selected by the National Assessment Governing Board or the
National Center for Education Statistics to participate in the
examinations of the National Assessment of Educational Progress.
(b) Report the results of those examinations to the:
(1) Governor;
(2) Board of trustees of each school district of this State;
(3) Legislative Committee on Education created pursuant to
NRS 218.5352 ; and
(4) Legislative Bureau of Educational Accountability and
Program Evaluation created pursuant to NRS 218.5356 .
(c) Include in the report required pursuant to paragraph (b) an
analysis and comparison of the results of pupils in this State on the
examinations required by this section with:
(1) The results of pupils throughout this country who
participated in the examinations of the National Assessment of
Educational Progress; and
(2) The results of pupils on the achievement and proficiency
examinations administered pursuant to this chapter.
2. If the report required by subsection 1 indicates that the
percentage of pupils enrolled in the public schools in this State who are
proficient on the National Assessment of Educational Progress differs by
more than 10 percent of the pupils who are proficient on the examinations
administered pursuant to NRS 389.550
and the high school proficiency examination administered pursuant to NRS
389.015 , the Department shall prepare a
written report describing the discrepancy. The report must include,
without limitation, a comparison and evaluation of:
(a) The standards of content and performance for English and
mathematics established pursuant to NRS 389.520 with the standards for English and mathematics
that are tested on the National Assessment.
(b) The standards for proficiency established for the National
Assessment with the standards for proficiency established for the
examinations that are administered pursuant to NRS 389.550 and the high school proficiency examination
administered pursuant to NRS 389.015 .
3. The report prepared by the Department pursuant to subsection 2
must be submitted to the:
(a) Governor;
(b) Legislative Committee on Education;
(c) Legislative Bureau of Educational Accountability and Program
Evaluation; and
(d) Council to Establish Academic Standards for Public Schools.
4. The Council to Establish Academic Standards for Public Schools
shall review and evaluate the report provided to the Council pursuant to
subsection 3 to identify any discrepancies in the standards of content
and performance established by the Council that require revision and a
timeline for carrying out the revision, if necessary. The Council shall
submit a written report of its review and evaluation to the Legislative
Committee on Education and Legislative Bureau of Educational
Accountability and Program Evaluation.
(Added to NRS by 1997, 1772; A 2003, 19th Special Session, 55
; 2005, 1656 )
[Effective
through June 30, 2007.]
1. The board of trustees of each school district shall administer
examinations in all public schools of the school district. The governing
body of a charter school shall administer the same examinations in the
charter school. The examinations administered by the board of trustees
and governing body must determine the achievement and proficiency of
pupils in:
(a) Reading;
(b) Mathematics; and
(c) Except as otherwise provided in subsection 6, science.
2. The examinations required by subsection 1 must be:
(a) Administered before the completion of grades 4, 7, 10 and 11.
(b) Administered in each school district and each charter school at
the same time during the spring semester. The time for the administration
of the examinations must be prescribed by the State Board.
(c) Administered in each school in accordance with uniform
procedures adopted by the State Board. The Department shall monitor the
compliance of school districts and individual schools with the uniform
procedures.
(d) Administered in each school in accordance with the plan adopted
pursuant to NRS 389.616 by the
Department and with the plan adopted pursuant to NRS 389.620 by the board of trustees of the school
district in which the examinations are administered. The Department shall
monitor the compliance of school districts and individual schools with:
(1) The plan adopted by the Department; and
(2) The plan adopted by the board of trustees of the
applicable school district, to the extent that the plan adopted by the
board of trustees of the school district is consistent with the plan
adopted by the Department.
(e) Scored by a single private entity that has contracted with the
State Board to score the examinations. The private entity that scores the
examinations shall report the results of the examinations in the form and
by the date required by the Department.
3. Not more than 14 working days after the results of the
examinations are reported to the Department by a private entity that
scored the examinations, the Superintendent of Public Instruction shall
certify that the results of the examinations have been transmitted to
each school district and each charter school. Not more than 10 working
days after a school district receives the results of the examinations,
the superintendent of schools of each school district shall certify that
the results of the examinations have been transmitted to each school
within the school district. Except as otherwise provided in this
subsection, not more than 15 working days after each school receives the
results of the examinations, the principal of each school and the
governing body of each charter school shall certify that the results for
each pupil have been provided to the parent or legal guardian of the
pupil:
(a) During a conference between the teacher of the pupil or
administrator of the school and the parent or legal guardian of the
pupil; or
(b) By mailing the results of the examinations to the last known
address of the parent or legal guardian of the pupil.
Ê If a pupil fails the high school proficiency examination, the school
shall notify the pupil and the parents or legal guardian of the pupil as
soon as practicable but not later than 15 working days after the school
receives the results of the examination.
4. If a pupil fails to demonstrate at least adequate achievement
on the examination administered before the completion of grade 4, 7 or
10, he may be promoted to the next higher grade, but the results of his
examination must be evaluated to determine what remedial study is
appropriate. If such a pupil is enrolled at a school that has failed to
make adequate yearly progress or in which less than 60 percent of the
pupils enrolled in grade 4, 7 or 10 in the school who took the
examinations administered pursuant to this section received an average
score on those examinations that is at least equal to the 26th percentile
of the national reference group of pupils to which the examinations were
compared, the pupil must, in accordance with the requirements set forth
in this subsection, complete remedial study that is determined to be
appropriate for the pupil.
5. If a pupil fails to pass the proficiency examination
administered before the completion of grade 11, he must not be graduated
until he is able, through remedial study, to pass the proficiency
examination, but he may be given a certificate of attendance, in place of
a diploma, if he has reached the age of 17 years.
6. The State Board shall prescribe standard examinations of
achievement and proficiency to be administered pursuant to subsection 1.
The high school proficiency examination must include the subjects of
reading and mathematics and, except for the writing portion prescribed
pursuant to NRS 389.550 , must be
developed, printed and scored by a nationally recognized testing company
in accordance with the process established by the testing company. The
examinations on reading, mathematics and science prescribed for grades 4,
7 and 10 must be selected from examinations created by private entities
and administered to a national reference group, and must allow for a
comparison of the achievement and proficiency of pupils in grades 4, 7
and 10 in this State to that of a national reference group of pupils in
grades 4, 7 and 10. The questions contained in the examinations and the
approved answers used for grading them are confidential, and disclosure
is unlawful except:
(a) To the extent necessary for administering and evaluating the
examinations.
(b) That a disclosure may be made to a:
(1) State officer who is a member of the Executive or
Legislative Branch to the extent that it is necessary for the performance
of his duties;
(2) Superintendent of schools of a school district to the
extent that it is necessary for the performance of his duties;
(3) Director of curriculum of a school district to the
extent that it is necessary for the performance of his duties; and
(4) Director of testing of a school district to the extent
that it is necessary for the performance of his duties.
(c) That specific questions and answers may be disclosed if the
Superintendent of Public Instruction determines that the content of the
questions and answers is not being used in a current examination and
making the content available to the public poses no threat to the
security of the current examination process.
(Added to NRS by 1977, 474; A 1983, 769; 1987, 616; 1993, 456;
1995, 8, 1742, 1743, 1744; 1997, 1773, 1868, 2768; 1999, 476 , 481 , 1430 , 2666 , 2670 ; 2001, 194 , 1206 , 1487 ; 2001 Special Session, 173 ; 2003, 282 , 286 ; 2003, 19th Special Session, 55 , 58 )
[Effective July
1, 2007.]
1. The board of trustees of each school district shall administer
examinations in all public schools of the school district. The governing
body of a charter school shall administer the same examinations in the
charter school. The examinations administered by the board of trustees
and governing body must determine the achievement and proficiency of
pupils in:
(a) Reading;
(b) Mathematics; and
(c) Science.
2. The examinations required by subsection 1 must be:
(a) Administered before the completion of grades 4, 7, 10 and 11.
(b) Administered in each school district and each charter school at
the same time during the spring semester. The time for the administration
of the examinations must be prescribed by the State Board.
(c) Administered in each school in accordance with uniform
procedures adopted by the State Board. The Department shall monitor the
compliance of school districts and individual schools with the uniform
procedures.
(d) Administered in each school in accordance with the plan adopted
pursuant to NRS 389.616 by the
Department and with the plan adopted pursuant to NRS 389.620 by the board of trustees of the school
district in which the examinations are administered. The Department shall
monitor the compliance of school districts and individual schools with:
(1) The plan adopted by the Department; and
(2) The plan adopted by the board of trustees of the
applicable school district, to the extent that the plan adopted by the
board of trustees of the school district is consistent with the plan
adopted by the Department.
(e) Scored by a single private entity that has contracted with the
State Board to score the examinations. The private entity that scores the
examinations shall report the results of the examinations in the form and
by the date required by the Department.
3. Not more than 14 working days after the results of the
examinations are reported to the Department by a private entity that
scored the examinations, the Superintendent of Public Instruction shall
certify that the results of the examinations have been transmitted to
each school district and each charter school. Not more than 10 working
days after a school district receives the results of the examinations,
the superintendent of schools of each school district shall certify that
the results of the examinations have been transmitted to each school
within the school district. Except as otherwise provided in this
subsection, not more than 15 working days after each school receives the
results of the examinations, the principal of each school and the
governing body of each charter school shall certify that the results for
each pupil have been provided to the parent or legal guardian of the
pupil:
(a) During a conference between the teacher of the pupil or
administrator of the school and the parent or legal guardian of the
pupil; or
(b) By mailing the results of the examinations to the last known
address of the parent or legal guardian of the pupil.
Ê If a pupil fails the high school proficiency examination, the school
shall notify the pupil and the parents or legal guardian of the pupil as
soon as practicable but not later than 15 working days after the school
receives the results of the examination.
4. If a pupil fails to demonstrate at least adequate achievement
on the examination administered before the completion of grade 4, 7 or
10, he may be promoted to the next higher grade, but the results of his
examination must be evaluated to determine what remedial study is
appropriate. If such a pupil is enrolled at a school that has failed to
make adequate yearly progress or in which less than 60 percent of the
pupils enrolled in grade 4, 7 or 10 in the school who took the
examinations administered pursuant to this section received an average
score on those examinations that is at least equal to the 26th percentile
of the national reference group of pupils to which the examinations were
compared, the pupil must, in accordance with the requirements set forth
in this subsection, complete remedial study that is determined to be
appropriate for the pupil.
5. If a pupil fails to pass the proficiency examination
administered before the completion of grade 11, he must not be graduated
until he is able, through remedial study, to pass the proficiency
examination, but he may be given a certificate of attendance, in place of
a diploma, if he has reached the age of 17 years.
6. The State Board shall prescribe standard examinations of
achievement and proficiency to be administered pursuant to subsection 1.
The high school proficiency examination must include the subjects of
reading, mathematics and science and, except for the writing portion
prescribed pursuant to NRS 389.550 ,
must be developed, printed and scored by a nationally recognized testing
company in accordance with the process established by the testing
company. The examinations on reading, mathematics and science prescribed
for grades 4, 7 and 10 must be selected from examinations created by
private entities and administered to a national reference group, and must
allow for a comparison of the achievement and proficiency of pupils in
grades 4, 7 and 10 in this State to that of a national reference group of
pupils in grades 4, 7 and 10. The questions contained in the examinations
and the approved answers used for grading them are confidential, and
disclosure is unlawful except:
(a) To the extent necessary for administering and evaluating the
examinations.
(b) That a disclosure may be made to a:
(1) State officer who is a member of the Executive or
Legislative Branch to the extent that it is necessary for the performance
of his duties;
(2) Superintendent of schools of a school district to the
extent that it is necessary for the performance of his duties;
(3) Director of curriculum of a school district to the
extent that it is necessary for the performance of his duties; and
(4) Director of testing of a school district to the extent
that it is necessary for the performance of his duties.
(c) That specific questions and answers may be disclosed if the
Superintendent of Public Instruction determines that the content of the
questions and answers is not being used in a current examination and
making the content available to the public poses no threat to the
security of the current examination process.
(Added to NRS by 1977, 474; A 1983, 769; 1987, 616; 1993, 456;
1995, 8, 1742, 1743, 1744; 1997, 1773, 1868, 2768; 1999, 476 , 481 , 1430 , 2666 , 2670 ; 2001, 194 , 1206 , 1487 ; 2001 Special Session, 173 ; 2003, 282 , 286 ; 2003, 19th Special Session, 55 , 58 , 60 , effective July 1, 2007)
1. The State Board shall adopt regulations requiring that each
board of trustees of a school district and each governing body of a
charter school submit to the Superintendent of Public Instruction and the
Department, in the form and manner prescribed by the Superintendent, the
results of achievement and proficiency examinations administered pursuant
to NRS 389.015 to public school pupils
of the district and charter schools. The State Board shall not include in
the regulations any provision which would violate the confidentiality of
the test scores of any individual pupil.
2. The results of examinations must be reported for each school,
including, without limitation, each charter school, school district and
this state, as follows:
(a) The average score, as defined by the Department, of pupils who
took the examinations under regular testing conditions; and
(b) The average score, as defined by the Department, of pupils who
took the examinations with modifications or accommodations, if such
reporting does not violate the confidentiality of the test scores of any
individual pupil.
3. Not later than 10 days after the Department receives the
results of the achievement and proficiency examinations, the Department
shall transmit a copy of the results of the examinations administered
pursuant to NRS 389.015 to the
Legislative Bureau of Educational Accountability and Program Evaluation
in a manner that does not violate the confidentiality of the test scores
of any individual pupil.
4. On or before July 1 of each year, each school district and each
charter school shall report to the Department the following information
for each examination administered in the public schools in the school
district or charter school:
(a) The examination administered;
(b) The grade level or levels of pupils to whom the examination was
administered;
(c) The costs incurred by the school district or charter school in
administering each examination; and
(d) The purpose, if any, for which the results of the examination
are used by the school district or charter school.
Ê On or before September 1 of each year, the Department shall transmit to
the Budget Division of the Department of Administration and the Fiscal
Analysis Division of the Legislative Counsel Bureau the information
submitted to the Department pursuant to this subsection.
5. The superintendent of schools of each school district and the
governing body of each charter school shall certify that the number of
pupils who took the examinations required pursuant to NRS 389.015 is equal to the number of pupils who are
enrolled in each school in the school district or in the charter school
who are required to take the examinations.
6. In addition to the information required by subsection 4, the
Superintendent of Public Instruction shall:
(a) Report the number of pupils who were absent from school on the
day that the examinations were administered; and
(b) Reconcile the number of pupils who were required to take the
examinations with the number of pupils who were absent from school on the
day that the examinations were administered.
(Added to NRS by 1979, 312; A 1987, 616; 1993, 457; 1997, 1774,
1869, 2770; 1999, 476 , 481 , 1432 , 2668 ; 2001, 1489 , 3158 ; 2003, 1141 ; 2003, 19th Special Session, 62 )
1. The Department shall develop an informational pamphlet
concerning the high school proficiency examination for pupils who are
enrolled in junior high, middle school and high school, and their parents
and legal guardians. The pamphlet must include a written explanation of
the:
(a) Importance of passing the examination, including, without
limitation, an explanation that if the pupil fails the examination he is
not eligible to receive a standard high school diploma;
(b) Subject areas tested on the examination;
(c) Format for the examination, including, without limitation, the
range of items that are contained on the examination;
(d) Manner by which the scaled score, as reported to pupils and
their parents or legal guardians, is derived from the raw score;
(e) Timeline by which the results of the examination must be
reported to pupils and their parents or legal guardians;
(f) Maximum number of times that a pupil is allowed to take the
examination if he fails to pass the examination after the first
administration;
(g) Courses of study that the Department recommends that pupils
take to prepare the pupils to successfully meet the academic challenges
of the examination and pass the examination; and
(h) Courses of study which the Department recommends that pupils
take in high school to successfully prepare for the college entrance
examinations.
2. The Department shall review the pamphlet on an annual basis and
make such revisions to the pamphlet as it considers necessary to ensure
that pupils and their parents or legal guardians fully understand the
examination.
3. On or before September 1, the Department shall provide a copy
of the pamphlet or revised pamphlet to the board of trustees of each
school district and the governing body of each charter school that
includes pupils enrolled in a junior high, middle school or high school
grade level.
4. The board of trustees of each school district shall provide a
copy of the pamphlet to each junior high, middle school or high school
within the school district for posting. The governing body of each
charter school shall ensure that a copy of the pamphlet is posted at the
charter school. Each principal of a junior high, middle school, high
school or charter school shall ensure that the teachers, counselors and
administrators employed at the school fully understand the contents of
the pamphlet.
5. On or before January 15, the:
(a) Board of trustees of each school district shall provide a copy
of the pamphlet to each pupil who is enrolled in a junior high, middle
school or high school of the school district and to the parents or legal
guardians of such a pupil.
(b) Governing body of each charter school shall provide a copy of
the pamphlet to each pupil who is enrolled in the charter school at a
junior high, middle school or high school grade level and to the parents
or legal guardians of such a pupil.
(Added to NRS by 2001, 1089 ; A 2003, 889 )
1. The Department shall establish a statewide program for use by
schools and school districts in their preparation of pupils for the high
school proficiency examination. The program must:
(a) Be designed to ensure that pupils understand the format for the
examination;
(b) Be designed to ensure that the actual examination is not
included within the materials and other information used for preparation;
and
(c) Specify the type of sample questions and practice items that
may be included with the materials and other information used for
preparation.
2. Each school district, each middle school, junior high and high
school within a school district and each charter school that provides
instruction to pupils enrolled in a middle school, junior high or high
school grade level shall comply with the statewide program established
pursuant to subsection 1. This subsection does not preclude a school or a
school district from providing additional materials and information for
preparation if the materials and information comply with the statewide
program.
(Added to NRS by 2001, 1090 )
ACADEMIC SUBJECTS, INSTRUCTION AND COURSES OF STUDY
1. The following subjects are designated as the core academic
subjects that must be taught, as applicable for grade levels, in all
public schools, the Caliente Youth Center, the Nevada Youth Training
Center and any other state facility for the detention of children that is
operated pursuant to title 5 of NRS:
(a) English, including reading, composition and writing;
(b) Mathematics;
(c) Science; and
(d) Social studies, which includes only the subjects of history,
geography, economics and government.
2. Except as otherwise provided in this subsection, in addition to
the core academic subjects, the following subjects must be taught as
applicable for grade levels and to the extent practicable in all public
schools, the Caliente Youth Center, the Nevada Youth Training Center and
any other state facility for the detention of children that is operated
pursuant to title 5 of NRS:
(a) The arts;
(b) Computer education and technology;
(c) Health; and
(d) Physical education.
Ê If the State Board requires the completion of course work in a subject
area set forth in this subsection for graduation from high school or
promotion to the next grade, a public school shall offer the required
course work. Unless a subject is required for graduation from high school
or promotion to the next grade, a charter school is not required to
comply with this subsection.
(Added to NRS by 1999, 3257 ; A 2003, 1143 )
The State Board
shall adopt regulations establishing courses of study and the grade
levels for which the courses of study apply for:
1. The academic subjects set forth in NRS 389.018 .
2. Citizenship and physical training for pupils enrolled in high
school.
3. Physiology, hygiene and cardiopulmonary resuscitation.
4. The prevention of suicide.
5. Instruction relating to child abuse.
6. The economics of the American system of free enterprise.
7. American Sign Language.
8. Environmental education.
9. Adult roles and responsibilities.
Ê A course of study established for subsection 1 may include one or more
of the subjects listed in subsections 2 to 9, inclusive.
(Added to NRS by 1999, 3258 )
Except as otherwise provided in NRS 389.180 , boards of trustees of school districts in
this state shall enforce in schools:
1. The standards of content and performance established by the
Council to Establish Academic Standards for Public Schools and the
courses of study related to those standards; and
2. The courses of study prescribed and adopted by the State Board.
[291:32:1956]—(NRS A 1979, 1598; 1991, 2088; 1999, 3258 , 3388 ; 2001, 236 )
1. In all public schools, the Caliente Youth Center, the Nevada
Youth Training Center and any other state facility for the detention of
children that is operated pursuant to title 5 of NRS, instruction must be
given in American government, including, without limitation, the:
(a) Essentials of the:
(1) Constitution of the United States, including, without
limitation, the Bill of Rights;
(2) Constitution of the State of Nevada; and
(3) Declaration of Independence;
(b) Origin and history of the Constitutions; and
(c) Study of and devotion to American institutions and ideals.
2. Except as otherwise provided in NRS 392A.100 , the instruction required in subsection 1
must be given during at least 1 year of the elementary school grades and
for a period of at least 1 year in all high schools.
[292:32:1956]—(NRS A 1961, 383, 628; 1973, 1547; 1979, 1598; 1989,
1960; 2001, 1491 ; 2003, 1144 ; 2005, 2429 )
Except as otherwise provided in NRS 392A.100 , American history, including, without
limitation, the history of the:
1. Constitution of the United States, including, without
limitation, the Bill of Rights;
2. State of Nevada, including, without limitation, the
Constitution of the State of Nevada; and
3. Declaration of Independence,
Ê must be taught in all of the public schools in the State of Nevada for
a period of at least 1 year.
[293:32:1956]—(NRS A 1973, 1547; 1979, 1598; 2001, 1491 ; 2005, 2429 )
1. Except as otherwise provided in subsection 2, no pupil in any
public high school, the Caliente Youth Center, the Nevada Youth Training
Center or any other state facility for the detention of children that is
operated pursuant to title 5 of NRS may receive a certificate or diploma
of graduation without having passed a course in American government and
American history as required by NRS 389.020 and 389.030 .
2. A pupil who is enrolled in a university school for profoundly
gifted pupils who meets the requirements of NRS 392A.100 is exempt from the provisions of this
section.
(Added to NRS by 1973, 1547; A 1979, 1598; 1989, 1960; 2003, 1144
; 2005, 2429 )
Each public school shall set
aside appropriate time at the beginning of each school day for pupils to
pledge their allegiance to the flag of the United States. In addition,
each public school may set aside appropriate time during the school day
for additional patriotic observance.
[294:32:1956]—(NRS A 1999, 125 )
1. The State Board shall prescribe, by regulation, a course of
study that is designed to assist pupils enrolled in high school with
passing the high school proficiency examination. The course of study must:
(a) Be consistent with the statewide program to prepare pupils for
the high school proficiency examination established pursuant to NRS
389.0175 ; and
(b) Ensure the security and confidentiality of the high school
proficiency examination in accordance with the plan for test security
adopted by the Department pursuant to NRS 389.616 .
2. The board of trustees of each school district may offer the
course of study prescribed by the State Board pursuant to subsection 1 as
an elective to pupils enrolled in high school in the school district.
(Added to NRS by 2003, 889 )
1. The board of trustees of a school district shall establish a
course or unit of a course of:
(a) Factual instruction concerning acquired immune deficiency
syndrome; and
(b) Instruction on the human reproductive system, related
communicable diseases and sexual responsibility.
2. Each board of trustees shall appoint an advisory committee
consisting of:
(a) Five parents of children who attend schools in the district; and
(b) Four representatives, one from each of four of the following
professions or occupations:
(1) Medicine or nursing;
(2) Counseling;
(3) Religion;
(4) Pupils who attend schools in the district; or
(5) Teaching.
Ê This committee shall advise the district concerning the content of and
materials to be used in a course of instruction established pursuant to
this section, and the recommended ages of the pupils to whom the course
is offered. The final decision on these matters must be that of the board
of trustees.
3. The subjects of the courses may be taught only by a teacher or
school nurse whose qualifications have been previously approved by the
board of trustees.
4. The parent or guardian of each pupil to whom a course is
offered must first be furnished written notice that the course will be
offered. The notice must be given in the usual manner used by the local
district to transmit written material to parents, and must contain a form
for the signature of the parent or guardian of the pupil consenting to
his attendance. Upon receipt of the written consent of the parent or
guardian, the pupil may attend the course. If the written consent of the
parent or guardian is not received, he must be excused from such
attendance without any penalty as to credits or academic standing. Any
course offered pursuant to this section is not a requirement for
graduation.
5. All instructional materials to be used in a course must be
available for inspection by parents or guardians of pupils at reasonable
times and locations before the course is taught, and appropriate written
notice of the availability of the material must be furnished to all
parents and guardians.
(Added to NRS by 1979, 836; A 1987, 1734)
1. The State Board shall adopt regulations governing the
establishment, conduct and scope of automobile drivers’ education in the
public schools of this State. The regulations must set forth, without
limitation:
(a) The number of hours of training that must be completed by a
pupil who enrolls in a course in automobile drivers’ education;
(b) That a course in automobile drivers’ education:
(1) Must include a component of training conducted in a
classroom; and
(2) May, in addition to the component of training conducted
in a classroom, include a component of training conducted in a motor
vehicle; and
(c) That if a course in automobile drivers’ education includes
components of training conducted both in a classroom and in a motor
vehicle:
(1) One hour of training in a motor vehicle is equivalent to
3 hours of training in a classroom; and
(2) Not more than one-half of the required number of hours
of training described in paragraph (a) may be training in a motor vehicle.
2. The aims and purposes of automobile drivers’ education are to
develop the knowledge, attitudes, habits and skills necessary for the
safe operation of motor vehicles.
3. The board of trustees of a school district may establish and
maintain courses in automobile drivers’ education during regular
semesters and summer sessions and during the regular school day and at
times other than during the regular school day for:
(a) Pupils enrolled in the regular full-time day high schools in
the school district.
(b) Pupils enrolled in summer classes conducted in high schools in
the school district.
Ê A board of trustees maintaining courses in automobile drivers’
education shall insure against any liability arising out of the use of
motor vehicles in connection with those courses. The cost of the
insurance must be paid from available money of the school district.
4. A governing body of a charter school may establish and maintain
courses in automobile drivers’ education if the governing body insures
against any liability arising out of the use of motor vehicles in
connection with those courses.
5. Automobile drivers’ education must be provided by boards of
trustees of school districts and governing bodies of charter schools in
accordance with the regulations of the State Board and may not be
duplicated by any other agency, department, commission or officer of the
State of Nevada.
6. Each course in automobile drivers’ education provided by a
board of trustees of a school district or a governing body of a charter
school must include, without limitation, instruction in:
(a) Motor vehicle insurance.
(b) The effect of drugs and alcohol on an operator of a motor
vehicle.
7. Each course in automobile drivers’ education provided by a
board of trustees of a school district or a governing body of a charter
school must be restricted to pupils who are at least 15 years of age.
[299:32:1956]—(NRS A 1965, 761; 1979, 1598; 1995, 1747; 1997, 1524,
1870; 1999, 458 ; 2001, 1503 ; 2001 Special Session, 269 ; 2003, 320 ; 2005, 2310 )
1. The Legislature finds as facts:
(a) That the successful completion of an approved automobile
drivers’ education course by a pupil offers a direct financial benefit to
his parents or other responsible adult through the reduction of insurance
premiums.
(b) That the imposition of a laboratory fee as a prerequisite to an
elective course in driver education does not violate the requirements of
Article 11 of the Constitution of the State of Nevada.
2. The board of trustees of any school district and the governing
body of any charter school may establish a laboratory fee to be charged
each pupil enrolling for an automobile drivers’ education course which
must not exceed the actual cost per pupil of providing the laboratory
portion of the course.
(Added to NRS by 1965, 762; A 1969, 282; 1973, 266; 1979, 1599;
1981, 1542; 1997, 1870)
The
Superintendent of Public Instruction, working with the American Indian
tribes, shall establish programs and curricula designed to meet the
special educational needs of American Indians in this state.
(Added to NRS by 1979, 192)
1. The State Board shall, by regulation, establish a program
pursuant to which a pupil enrolled full time in high school or a pupil
who has been suspended or expelled from a public school may complete any
required or elective course by independent study outside of the normal
classroom setting. A program of independent study provided pursuant to
this section may be offered through a program of distance education
pursuant to NRS 388.820 to 388.874
, inclusive.
2. The regulations must require that:
(a) The teacher of the course assign to the pupil the work
assignments necessary to complete the course; and
(b) The pupil and teacher meet or otherwise communicate with each
other at least once each week during the course to discuss the pupil’s
progress.
3. Except as otherwise provided in this subsection, the board of
trustees of a school district may, in accordance with the regulations
adopted pursuant to subsections 1 and 2, provide for independent study by
pupils:
(a) Enrolled full time in high schools in its district. A board of
trustees that chooses to allow such study may provide that:
(1) The pupils participating in the independent study be
given instruction individually or in a group.
(2) The independent study be offered during the regular
school day.
(b) Who have been suspended or expelled from a public school. A
program of independent study offered pursuant to this paragraph must not
allow a pupil to attend that public school during the period of his
suspension or expulsion.
(Added to NRS by 1997, 1839; A 2001, 3159 ; 2005, 1539 )
1. A pupil enrolled in high school, including, without limitation,
a pupil enrolled in grade 9, 10, 11 or 12 in a charter school, who
successfully completes a course of education offered by a community
college or university in this State which has been approved pursuant to
subsection 2, must be allowed to apply the credit received for the course
so completed to the total number of credits required for graduation from
high school or the charter school in which the pupil is enrolled.
2. With the approval of the State Board, the board of trustees of
each county school district and the governing body of each charter school
shall prescribe the courses for which credits may be received pursuant to
subsection 1, including occupational courses for academic credit, and the
amount of credit allowed for the completion of those courses.
(Added to NRS by 1989, 1089; A 1991, 1700; 1993, 103; 1999, 3313
)
1. A pupil enrolled in high school who successfully completes a
community service project which has been approved pursuant to this
section must be allowed to apply not more than one credit received for
the completion of the project toward the total number of credits required
for graduation from high school. The credit must be applied toward the
pupil’s elective course credits and not toward a course that is required
for graduation from high school. A pupil may not receive credit for the
completion of a community service project if the project duplicates a
course of study in which the pupil has received instruction.
2. With the approval of the State Board, the board of trustees of
each school district shall prescribe for the district the:
(a) Community service projects for which credit will be granted;
(b) Amount of credit which will be granted upon completion of each
project;
(c) Rules regarding how a pupil may apply for such credit upon
completion of a community service project; and
(d) Procedures for obtaining the consent of a parent or legal
guardian of a pupil before the pupil may participate in a community
service project for which credit will be granted.
(Added to NRS by 1995, 1015)
1. The State Board shall, by regulation, establish a course of
study in occupational guidance and counseling.
2. The board of trustees of each school district shall establish
the curriculum for the course of study in that district. The curriculum
must be organized and, with the assistance of teachers, administrators,
pupils, parents and the business community, coordinated by licensed
school counselors who shall provide instruction and activities designed
to:
(a) Promote normal growth and development.
(b) Promote positive mental and physical health.
(c) Provide each pupil with knowledge and skills which permit him
to control his own destiny.
(d) Assist each pupil to plan, monitor and manage his personal,
educational and occupational development.
(e) Meet the immediate needs and concerns of each pupil, whether
his needs or concerns require counseling, consultation, referral or
information.
(f) Provide counselors, teachers and support staff with the
knowledge and skills required to maintain and improve the course.
(g) Provide such other related assistance and instruction as is
deemed necessary.
3. The instruction required by this section must be made available
for each pupil in grades 7 to 12, inclusive.
4. The board of trustees in each school district shall organize
and offer the curriculum within the limits of money made available to the
district by the Legislature for that purpose.
(Added to NRS by 1991, 2087)
ACADEMIC STANDARDS; CRITERION-REFERENCED EXAMINATIONS
As used in NRS 389.500 to 389.570 ,
inclusive, “Council” means the Council to Establish Academic Standards
for Public Schools.
(Added to NRS by 1999, 3384 )
1. The Council to Establish Academic Standards for Public Schools,
consisting of eight members, is hereby created. The membership of the
Council consists of:
(a) Four members appointed by the Governor in accordance with
subsection 2;
(b) Two members appointed by the Majority Leader of the Senate in
accordance with subsection 3; and
(c) Two members appointed by the Speaker of the Assembly in
accordance with subsection 3.
2. The Governor shall ensure that:
(a) Two of the members whom he appoints to the Council are parents
or legal guardians of pupils who attend public schools. These members
must not otherwise be affiliated with the public school system of this
State.
(b) Two of the members whom he appoints to the Council are licensed
educational personnel.
(c) Insofar as practicable, the members whom he appoints to the
Council reflect the ethnic and geographical diversity of this State.
3. The Majority Leader of the Senate and the Speaker of the
Assembly shall each ensure that:
(a) One of the members whom he appoints to the Council is a member
of the House of the Legislature to which he belongs.
(b) The other member whom he appoints to the Council is a
representative of a private business or industry that may be affected by
actions taken by the Council.
4. Each member of the Council must be a resident of this State.
5. After the initial terms, the term of each member of the Council
is 4 years. The person who appoints a member to the Council may remove
that member if the member neglects his duty or commits malfeasance in
office, or for other just cause. A vacancy in the membership of the
Council 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 Council until his successor is appointed.
6. The Governor shall select a Chairman from among the membership
of the Council in accordance with this subsection. The Governor shall not
select as Chairman a member of the Council who is affiliated with the
public school system in this State, except that this subsection does not
preclude the Governor from selecting a parent or legal guardian of a
pupil as Chairman if the parent or legal guardian is not otherwise
affiliated with the public school system in this State. Once selected by
the Governor, the Chairman holds that office for 2 years.
7. For each day or portion of a day during which a member of the
Council who is a Legislator attends a meeting of the Council or is
otherwise engaged in the work of the Council, except during a regular or
special session of the Legislature, he is entitled to receive the:
(a) Compensation provided for a majority of the members of the
Legislature during the first 60 days of the preceding session;
(b) Per diem allowance provided for state officers and employees
generally; and
(c) Travel expenses provided pursuant to NRS 218.2207 .
Ê The compensation, per diem allowances and travel expenses of the
legislative members of the Council must be paid from the Legislative Fund.
8. Members of the Council who are not Legislators serve without
salary, but are entitled to receive the per diem allowance and travel
expenses provided for state officers and employees generally.
(Added to NRS by 1999, 3384 ; A 2003, 815 )
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 2, based upon the content of
each course, that is expected of pupils for the following courses of
study:
(1) English, including reading, composition and writing;
(2) Mathematics;
(3) Science;
(4) Social studies, which includes only the subjects of
history, geography, economics and government;
(5) The arts;
(6) Computer education and technology;
(7) Health; and
(8) Physical education.
(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 389.570
of the results of pupils on the
examinations administered pursuant to NRS 389.550 .
(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 Council shall establish standards of content and
performance for each grade level in kindergarten and grades 1 to 8,
inclusive, for English 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.
3. The State Board shall adopt the standards of content and
performance established by the Council.
4. The Council shall work in cooperation with the State Board to
prescribe the examinations required by NRS 389.550 .
(Added to NRS by 1999, 3385 )
1. The Department shall provide:
(a) Administrative support;
(b) Equipment; and
(c) Office space,
Ê as is necessary for the Council to carry out its duties.
2. The Council may request assistance from any agency of this
state if the assistance is necessary for the Council to carry out its
duties.
(Added to NRS by 1999, 3386 )
The board of trustees of each school district shall
conduct a periodic review of the courses of study offered in the public
schools of the school district to determine whether the courses of study
comply with the standards of content and performance established by the
Council pursuant to NRS 389.520 and if
revision of the courses of study is necessary to ensure compliance.
(Added to NRS by 1999, 3386 )
1. The State Board shall, in consultation with the Council,
prescribe examinations that comply with 20 U.S.C. § 6311(b)(3) and that
measure the achievement and proficiency of pupils:
(a) For grades 3, 4, 5, 6, 7 and 8 in the standards of content
established by the Council for the subjects of English and mathematics.
(b) For grades 5 and 8, in the standards of content established by
the Council for the subject of science.
Ê The examinations prescribed pursuant to this subsection must be
written, developed, printed and scored by a nationally recognized testing
company.
2. In addition to the examinations prescribed pursuant to
subsection 1, the State Board shall, in consultation with the Council,
prescribe a writing examination for grades 5 and 8 and for the high
school proficiency examination.
3. The board of trustees of each school district and the governing
body of each charter school shall administer the examinations prescribed
by the State Board. The examinations must be:
(a) Administered to pupils in each school district and each charter
school at the same time during the spring semester, as prescribed by the
State Board.
(b) Administered in each school in accordance with uniform
procedures adopted by the State Board. The Department shall monitor the
school districts and individual schools to ensure compliance with the
uniform procedures.
(c) Administered in each school in accordance with the plan adopted
pursuant to NRS 389.616 by the
Department and with the plan adopted pursuant to NRS 389.620 by the board of trustees of the school
district in which the examinations are administered. The Department shall
monitor the compliance of school districts and individual schools with:
(1) The plan adopted by the Department; and
(2) The plan adopted by the board of trustees of the
applicable school district, to the extent that the plan adopted by the
board of trustees of the school district is consistent with the plan
adopted by the Department.
(Added to NRS by 1999, 3386 ; A 2001, 1208 ; 2003, 19th Special Session, 63 , 64 ; 2005, 1178 )
1. The State Board shall adopt regulations that require the board
of trustees of each school district and the governing body of each
charter school to submit to the Superintendent of Public Instruction, the
Department and the Council, in the form and manner prescribed by the
Superintendent, the results of the examinations administered pursuant to
NRS 389.550 . The State Board shall not
include in the regulations any provision that would violate the
confidentiality of the test scores of an individual pupil.
2. The results of the examinations must be reported for each
school, including, without limitation, each charter school, school
district and this state, as follows:
(a) The percentage of pupils who have demonstrated proficiency, as
defined by the Department, and took the examinations under regular
testing conditions; and
(b) The percentage of pupils who have demonstrated proficiency, as
defined by the Department, and took the examinations with modifications
or accommodations, if such reporting does not violate the confidentiality
of the test scores of any individual pupil.
3. Not later than 10 days after the Department receives the
results of the examinations, the Department shall transmit a copy of the
results to the Legislative Bureau of Educational Accountability and
Program Evaluation in a manner that does not violate the confidentiality
of the test scores of any individual pupil.
4. On or before July 1 of each year, each school district and each
charter school shall report to the Department the following information
for each examination administered in the public schools in the school
district or charter school:
(a) The examination administered;
(b) The grade level or levels of pupils to whom the examination was
administered;
(c) The costs incurred by the school district or charter school in
administering each examination; and
(d) The purpose, if any, for which the results of the examination
are used by the school district or charter school.
Ê On or before September 1 of each year, the Department shall transmit to
the Budget Division of the Department of Administration and the Fiscal
Analysis Division of the Legislative Counsel Bureau the information
submitted to the Department pursuant to this subsection.
5. The superintendent of schools of each school district and the
governing body of each charter school shall certify that the number of
pupils who took the examinations is equal to the number of pupils who are
enrolled in each school in the school district or in the charter school
who are required to take the examinations.
6. In addition to the information required by subsection 4, the
Superintendent of Public Instruction shall:
(a) Report the number of pupils who were not exempt from taking the
examinations but were absent from school on the day that the examinations
were administered; and
(b) Reconcile the number of pupils who were required to take the
examinations with the number of pupils who were exempt from taking the
examinations or absent from school on the day that the examinations were
administered.
(Added to NRS by 1999, 3386 ; A 2001, 242 , 1491 , 3160 ; 2003, 1144 ; 2003, 19th Special Session, 65 )
1. The Council shall review the results of pupils on the
examinations administered pursuant to NRS 389.550 , including, without limitation, for each
school in a school district and each charter school that is located
within a school district, a review of the results for the current school
year and a comparison of the progress, if any, made by the pupils
enrolled in the school from preceding school years.
2. After the completion of the review pursuant to subsection 1,
the Council shall evaluate:
(a) Whether the standards of content and performance established by
the Council require revision; and
(b) The success of pupils, as measured by the results of the
examinations, in achieving the standards of performance established by
the Council.
3. The Council shall report the results of the evaluation
conducted pursuant to subsection 2 to the State Board and the Legislative
Committee on Education.
(Added to NRS by 1999, 3388 )
ADMINISTRATION AND SECURITY OF EXAMINATIONS
As used in NRS 389.600 to 389.648 ,
inclusive, unless the context otherwise requires, the words and terms
defined in NRS 389.604 , 389.608 and 389.612
have the meanings ascribed to them in those sections.
(Added to NRS by 2001, 1197 )
“Irregularity in testing administration” means the failure to administer
an examination to pupils pursuant to NRS 389.015 or 389.550
in the manner intended by the person or entity that created the
examination.
(Added to NRS by 2001, 1197 )
“Irregularity in testing security” means an act or omission that tends
to corrupt or impair the security of an examination administered to
pupils pursuant to NRS 389.015 or
389.550 , including, without limitation:
1. The failure to comply with security procedures adopted pursuant
to NRS 389.616 or 389.620 ;
2. The disclosure of questions or answers to questions on an
examination in a manner not otherwise approved by law; and
3. Other breaches in the security or confidentiality of the
questions or answers to questions on an examination.
(Added to NRS by 2001, 1197 )
“School official” means:
1. A member of a board of trustees of a school district;
2. A member of a governing body of a charter school; or
3. A licensed or unlicensed person employed by the board of
trustees of a school district or the governing body of a charter school.
(Added to NRS by 2001, 1197 )
1. The Department shall, by regulation or otherwise, adopt and
enforce a plan setting forth procedures to ensure the security of
examinations that are administered to pupils pursuant to NRS 389.015
and 389.550 .
2. A plan adopted pursuant to subsection 1 must include, without
limitation:
(a) Procedures pursuant to which pupils, school officials and other
persons may, and are encouraged to, report irregularities in testing
administration and testing security.
(b) Procedures necessary to ensure the security of test materials
and the consistency of testing administration.
(c) Procedures that specifically set forth the action that must be
taken in response to a report of an irregularity in testing
administration or testing security and the actions that must be taken
during an investigation of such an irregularity. For each action that is
required, the procedures must identify:
(1) By category, the employees of the school district,
charter school or Department, or any combination thereof, who are
responsible for taking the action; and
(2) Whether the school district, charter school or
Department, or any combination thereof, is responsible for ensuring that
the action is carried out successfully.
(d) Objective criteria that set forth the conditions under which a
school, including, without limitation, a charter school or a school
district, or both, is required to file a plan for corrective action in
response to an irregularity in testing administration or testing security
for the purposes of NRS 389.636 .
3. A copy of the plan adopted pursuant to this section and the
procedures set forth therein must be submitted on or before September 1
of each year to:
(a) The State Board; and
(b) The Legislative Committee on Education, created pursuant to NRS
218.5352 .
(Added to NRS by 2001, 1197 )
1. The board of trustees of each school district shall, for each
public school in the district, including, without limitation, charter
schools, adopt and enforce a plan setting forth procedures to ensure the
security of examinations.
2. A plan adopted pursuant to subsection 1 must include, without
limitation:
(a) Procedures pursuant to which pupils, school officials and other
persons may, and are encouraged to, report irregularities in testing
administration and testing security.
(b) Procedures necessary to ensure the security of test materials
and the consistency of testing administration.
(c) With respect to secondary schools, procedures pursuant to which
the school district or charter school, as appropriate, will verify the
identity of pupils taking an examination.
(d) Procedures that specifically set forth the action that must be
taken in response to a report of an irregularity in testing
administration or testing security and the action that must be taken
during an investigation of such an irregularity. For each action that is
required, the procedures must identify, by category, the employees of the
school district or charter school who are responsible for taking the
action and for ensuring that the action is carried out successfully.
Ê The procedures adopted pursuant to this subsection must be consistent,
to the extent applicable, with the procedures adopted by the Department
pursuant to NRS 389.616 .
3. A copy of each plan adopted pursuant to this section and the
procedures set forth therein must be submitted on or before September 1
of each year to:
(a) The State Board; and
(b) The Legislative Committee on Education, created pursuant to NRS
218.5352 .
4. On or before September 30 of each school year, the board of
trustees of each school district and the governing body of each charter
school shall provide a written notice regarding the examinations to all
teachers and educational personnel employed by the school district or
governing body, all personnel employed by the school district or
governing body who are involved in the administration of the
examinations, all pupils who are required to take the examinations and
all parents and legal guardians of such pupils. The written notice must
be prepared in a format that is easily understood and must include,
without limitation, a description of the:
(a) Plan adopted pursuant to this section; and
(b) Action that may be taken against personnel and pupils for
violations of the plan or for other irregularities in testing
administration or testing security.
5. As used in this section:
(a) “Examination” means:
(1) Achievement and proficiency examinations that are
administered to pupils pursuant to NRS 389.015 or 389.550 ;
and
(2) Any other examinations which measure the achievement and
proficiency of pupils and which are administered to pupils on a
district-wide basis.
(b) “Irregularity in testing administration” means the failure to
administer an examination in the manner intended by the person or entity
that created the examination.
(c) “Irregularity in testing security” means an act or omission
that tends to corrupt or impair the security of an examination,
including, without limitation:
(1) The failure to comply with security procedures adopted
pursuant to this section or NRS 389.616 ;
(2) The disclosure of questions or answers to questions on
an examination in a manner not otherwise approved by law; and
(3) Other breaches in the security or confidentiality of the
questions or answers to questions on an examination.
(Added to NRS by 2001, 1199 )
1. If the Department:
(a) Has reason to believe that a violation of the plan adopted
pursuant to NRS 389.616 may have
occurred;
(b) Has reason to believe that a violation of the plan adopted
pursuant to NRS 389.620 may have
occurred with respect to an examination that is administered pursuant to
NRS 389.015 or 389.550 ; or
(c) Receives a request pursuant to subparagraph (2) of paragraph
(b) of subsection 1 NRS 389.628 to
investigate a potential violation of the plan adopted pursuant to NRS
389.620 with respect to an examination
that is administered pursuant to NRS 389.015 or 389.550 ,
Ê the Department shall investigate the matter as it deems appropriate.
2. If the Department investigates a matter pursuant to subsection
1, the Department may issue a subpoena to compel the attendance or
testimony of a witness or the production of any relevant materials,
including, without limitation, books, papers, documents, records,
photographs, recordings, reports and tangible objects.
3. If a witness refuses to attend, testify or produce materials as
required by the subpoena, the Department may report to the district court
by petition, setting forth that:
(a) Due notice has been given of the time and place of attendance
or testimony of the witness or the production of materials;
(b) The witness has been subpoenaed by the Department pursuant to
this section; and
(c) The witness has failed or refused to attend, testify or produce
materials before the Department as required by the subpoena, or has
refused to answer questions propounded to him,
Ê and asking for an order of the court compelling the witness to attend,
testify or produce materials before the Department.
4. Upon receipt of such a petition, the court shall enter an order
directing the witness to appear before the court at a time and place to
be fixed by the court in its order, the time to be not more than 10 days
after the date of the order, and then and there show cause why he has not
attended, testified or produced materials before the Department. A
certified copy of the order must be served upon the witness.
5. If it appears to the court that the subpoena was regularly
issued by the Department, the court shall enter an order that the witness
appear before the Department at a time and place fixed in the order and
testify or produce materials, and that upon failure to obey the order the
witness must be dealt with as for contempt of court.
(Added to NRS by 2001, 1198 )
1. If a school official has reason to believe that a violation of
the plan adopted pursuant to NRS 389.620 may have occurred, the school official shall
immediately report the incident to the board of trustees of the school
district. If the board of trustees of a school district has reason to
believe that a violation of the plan adopted pursuant to NRS 389.620
may have occurred, the board of
trustees shall:
(a) If the violation is with respect to an examination administered
pursuant to NRS 389.015 or 389.550
, immediately report the incident to the
Department orally or in writing followed by a comprehensive written
report within 14 school days after the incident occurred; and
(b) Cause to be commenced an investigation of the incident. The
board of trustees may carry out the requirements of this paragraph by:
(1) Investigating the incident as it deems appropriate,
including, without limitation, using the powers of subpoena set forth in
this section.
(2) With respect to an examination that is administered
pursuant to NRS 389.015 or 389.550
, requesting that the Department
investigate the incident pursuant to NRS 389.624 .
Ê The fact that a board of trustees elects initially to carry out its own
investigation pursuant to subparagraph (1) of paragraph (b) does not
affect the ability of the board of trustees to request, at any time, that
the Department investigate the incident as authorized pursuant to
subparagraph (2) of paragraph (b).
2. Except as otherwise provided in this subsection, if the board
of trustees of a school district proceeds in accordance with subparagraph
(1) of paragraph (b) of subsection 1, the board of trustees may issue a
subpoena to compel the attendance or testimony of a witness or the
production of any relevant materials, including, without limitation,
books, papers, documents, records, photographs, recordings, reports and
tangible objects. A board of trustees shall not issue a subpoena to
compel the attendance or testimony of a witness or the production of
materials unless the attendance, testimony or production sought to be
compelled is related directly to a violation or an alleged violation of
the plan adopted pursuant to NRS 389.620 .
3. If a witness refuses to attend, testify or produce materials as
required by the subpoena, the board of trustees may report to the
district court by petition, setting forth that:
(a) Due notice has been given of the time and place of attendance
or testimony of the witness or the production of materials;
(b) The witness has been subpoenaed by the board of trustees
pursuant to this section; and
(c) The witness has failed or refused to attend, testify or produce
materials before the board of trustees as required by the subpoena, or
has refused to answer questions propounded to him,
Ê and asking for an order of the court compelling the witness to attend,
testify or produce materials before the board of trustees.
4. Upon receipt of such a petition, the court shall enter an order
directing the witness to appear before the court at a time and place to
be fixed by the court in its order, the time to be not more than 10 days
after the date of the order, and then and there show cause why he has not
attended, testified or produced materials before the board of trustees. A
certified copy of the order must be served upon the witness.
5. If it appears to the court that the subpoena was regularly
issued by the board of trustees, the court shall enter an order that the
witness appear before the board of trustees at a time and place fixed in
the order and testify or produce materials, and that upon failure to obey
the order the witness must be dealt with as for contempt of court.
(Added to NRS by 2001, 1200 )
1. If the Department determines:
(a) That at least one irregularity in testing administration
occurred at a school, including, without limitation, a charter school,
during 1 school year on the examinations administered pursuant to NRS
389.015 , excluding the high school
proficiency examination;
(b) That in the immediately succeeding school year, at least one
additional irregularity in testing administration occurred at that school
on the examinations administered pursuant to NRS 389.015 , excluding the high school proficiency
examination; and
(c) Based upon the criteria set forth in subsection 5, that the
irregularities described in paragraphs (a) and (b) warrant an additional
administration of the examinations,
Ê the Department shall notify the school and the school district in which
the school is located that the school is required to provide for an
additional administration of the examinations to pupils who are enrolled
in a grade that is required to take the examinations pursuant to NRS
389.015 , excluding the high school
proficiency examination, or to the pupils the Department determines must
take the additional administration pursuant to subsection 6. The
additional administration must occur in the same school year in which the
irregularity described in paragraph (b) occurred. Except as otherwise
provided in this subsection, the school district shall pay for all costs
related to the administration of examinations pursuant to this
subsection. If a charter school is required to administer examinations
pursuant to this subsection, the charter school shall pay for all costs
related to the administration of the examinations to pupils enrolled in
the charter school.
2. If the Department determines that:
(a) At least one irregularity in testing administration occurred at
a school, including, without limitation, a charter school, during 1
school year on the examinations administered pursuant to NRS 389.550
;
(b) In the immediately succeeding school year, at least one
additional irregularity in testing administration occurred at that school
on the examinations administered pursuant to NRS 389.550 ; and
(c) Based upon the criteria set forth in subsection 5, the
irregularities described in paragraphs (a) and (b) warrant an additional
administration of the examinations,
Ê the Department shall notify the school and the school district in which
the school is located that the school is required to provide for an
additional administration of the examinations to pupils who are enrolled
in a grade that is required to take the examinations pursuant to NRS
389.550 or to the pupils the Department
determines must take the additional administration pursuant to subsection
6. The additional administration must occur in the same school year in
which the irregularity described in paragraph (b) occurred. Except as
otherwise provided in this subsection, the school district shall pay for
all costs related to the administration of examinations pursuant to this
subsection. If a charter school is required to administer examinations
pursuant to this subsection, the charter school shall pay for all costs
related to the administration of the examinations to pupils enrolled in
the charter school.
3. If the Department determines that:
(a) At least one irregularity in testing administration occurred at
a school, including, without limitation, a charter school, during 1
school year on the examinations administered pursuant to NRS 389.015
, excluding the high school proficiency
examination;
(b) In the immediately succeeding school year, at least one
additional irregularity in testing administration occurred at that school
on the examinations administered pursuant to NRS 389.550 ; and
(c) Based upon the criteria set forth in subsection 5, the
irregularities described in paragraphs (a) and (b) warrant an additional
administration of the examinations,
Ê the Department shall notify the school and the school district in which
the school is located that the school is required to provide for an
additional administration of the examinations to pupils who are enrolled
in a grade that is required to take the examinations pursuant to NRS
389.550 or to the pupils the Department
determines must take the additional administration pursuant to subsection
6. The additional administration must occur in the same school year in
which the irregularity described in paragraph (b) occurred. Except as
otherwise provided in this subsection, the school district shall pay for
all costs related to the administration of examinations pursuant to this
subsection. If a charter school is required to administer examinations
pursuant to this subsection, the charter school shall pay for all costs
related to the administration of the examinations to pupils enrolled in
the charter school.
4. If the Department determines that:
(a) At least one irregularity in testing administration occurred at
a school, including, without limitation, a charter school, during 1
school year on the examinations administered pursuant to NRS 389.550
;
(b) In the immediately succeeding school year, at least one
additional irregularity in testing administration occurred at that school
on the examinations administered pursuant to NRS 389.015 , excluding the high school proficiency
examination; and
(c) Based upon the criteria set forth in subsection 5, the
irregularities described in paragraphs (a) and (b) warrant an additional
administration of the examinations,
Ê the Department shall notify the school and the school district in which
the school is located that the school is required to provide for an
additional administration of the examinations to pupils who are enrolled
in a grade that is required to take the examinations pursuant to NRS
389.015 , excluding the high school
proficiency examination, or to the pupils the Department determines must
take the additional administration pursuant to subsection 6. The
additional administration must occur in the same school year in which the
irregularity described in paragraph (b) occurred. Except as otherwise
provided in this subsection, the school district shall pay for all costs
related to the administration of examinations pursuant to this
subsection. If a charter school is required to administer examinations
pursuant to this subsection, the charter school shall pay for all costs
related to the administration of the examinations to pupils enrolled in
the charter school.
5. In determining whether to require a school to provide for an
additional administration of examinations pursuant to this section, the
Department shall consider:
(a) The effect of each irregularity in testing administration,
including, without limitation, whether the irregularity required the
scores of pupils to be invalidated; and
(b) Whether sufficient time remains in the school year to provide
for an additional administration of examinations.
6. If the Department determines pursuant to subsection 5 that a
school must provide for an additional administration of examinations, the
Department may consider whether the most recent irregularity in testing
administration affected the test scores of a limited number of pupils and
require the school to provide an additional administration of
examinations pursuant to this section only to those pupils whose test
scores were affected by the most recent irregularity.
7. The Department shall provide as many notices pursuant to this
section during 1 school year as are applicable to the irregularities
occurring at a school. A school shall provide for additional
administrations of examinations pursuant to this section within 1 school
year as applicable to the irregularities occurring at the school.
(Added to NRS by 2001, 1201 ; A 2003, 19th Special Session, 66 ; 2005, 1179 , 2418 )
1. The Department shall notify the principal of a school,
including, without limitation, a charter school, or the board of trustees
of a school district, as applicable, if the school or the school district
is required to file a plan for corrective action based upon the objective
criteria adopted by the Department pursuant to paragraph (d) of
subsection 2 of NRS 389.616 . Upon
receipt of such notice, the school or the school district, as applicable,
shall file a plan for corrective action with the Department within the
time prescribed by the Department. Such a plan must specify the time
within which the corrective action will be taken. The school or the
school district, as applicable, shall commence corrective action pursuant
to the plan immediately after the date on which the plan is filed.
2. The Department shall establish procedures to document and
monitor whether appropriate corrective action is being taken and whether
that action is achieving the desired result. Such documentation must be
maintained and reported in accordance with NRS 389.648 .
3. The Department may require a school or a school district to
amend its plan for corrective action if the Department determines that
such amendment is necessary to ensure the security of test materials and
the consistency of testing administration in the school or school
district, as applicable.
(Added to NRS by 2001, 1203 )
1. The Department shall establish a statewide program for use by
schools and school districts in their preparation for the examinations
that are administered pursuant to NRS 389.015 , excluding the high school proficiency
examination. The program must:
(a) Be designed to ensure the consistency and uniformity of all
materials and other information used in the preparation for the
examinations; and
(b) Be designed to ensure that the actual examinations administered
pursuant to NRS 389.015 are not
included within the materials and other information used for preparation.
2. If a school, including, without limitation, a charter school,
or a school district provides preparation for the examinations that are
administered pursuant to NRS 389.015 ,
excluding the high school proficiency examination, the school or school
district shall comply with the program established pursuant to subsection
1. A school district may use and provide additional materials and
information if the materials and information comply with the program
established by the Department. A school, including, without limitation, a
charter school, shall use only those materials and information that have
been approved or provided by the Department or the school district.
(Added to NRS by 2001, 1204 )
1. The Department shall establish a program of education and
training regarding the administration and security of the examinations
administered pursuant to NRS 389.015
and 389.550 . Upon approval of the
Department, the board of trustees of a school district or the governing
body of a charter school may establish an expanded program of education
and training that includes additional education and training if the
expanded program complies with the program established by the Department.
2. The board of trustees of each school district and the governing
body of each charter school shall ensure that:
(a) All the teachers and other educational personnel who provide
instruction to pupils enrolled in a grade level that is required to be
tested pursuant to NRS 389.015 or
389.550 , and all other personnel who
are involved with the administration of the examinations that are
administered pursuant to NRS 389.015 or
389.550 , receive, on an annual basis,
the program of education and training established by the Department or
the expanded program, if applicable; and
(b) The training and education is otherwise available for all
personnel who are not required to receive the training and education
pursuant to paragraph (a).
(Added to NRS by 2001, 1204 )
1. The Department shall establish procedures for the uniform
documentation and maintenance by the Department of irregularities in
testing administration and testing security reported to the Department
pursuant to NRS 389.628 and
investigations of such irregularities conducted by the Department
pursuant to NRS 389.624 . The procedures
must include, without limitation:
(a) A method for assigning a unique identification number to each
incident of irregularity; and
(b) A method to ensure that the status of an irregularity is
readily accessible by the Department.
2. In accordance with the procedures established pursuant to
subsection 1, the Department shall prepare and maintain for each
irregularity in testing administration and each irregularity in testing
security, a written summary accompanying the report of the irregularity.
The written summary must include, without limitation:
(a) An evaluation of whether the procedures prescribed by the
Department pursuant to paragraph (c) of subsection 2 of NRS 389.616
were followed in response to the
irregularity;
(b) The corrective action, if any, taken in response to the
irregularity pursuant to NRS 389.636 ;
(c) An evaluation of whether the corrective action achieved the
desired result; and
(d) The current status and the outcome, if any, of an investigation
related to the irregularity.
3. The Department shall prepare a written report that includes for
each school year:
(a) A summary of each irregularity in testing administration and
testing security reported to the Department pursuant to NRS 389.628
and each investigation conducted
pursuant to NRS 389.624 .
(b) A summary for each school that was required to provide
additional administration of examinations pursuant to NRS 389.632 . The summary must include, without limitation:
(1) The identity of the school;
(2) The type of additional examinations that were
administered pursuant to NRS 389.632 ;
(3) The date on which those examinations were administered;
(4) A comparison of the results of pupils on the:
(I) Examinations in which an additional irregularity
occurred in the second school year described in NRS 389.632 ; and
(II) Additional examinations administered pursuant to
NRS 389.632 .
(c) Each written summary prepared by the Department pursuant to
subsection 2.
(d) The current status of each irregularity that was reported for a
preceding school year which had not been resolved at the time that the
preceding report was filed.
(e) The current status and the outcome, if any, of an investigation
conducted by the Department pursuant to NRS 389.624 .
(f) An analysis of the irregularities and recommendations, if any,
to improve the security of the examinations and the consistency of
testing administration.
4. On or before September 1 of each year, the Department shall
submit the report prepared pursuant to subsection 3 for the immediately
preceding school year to the Legislative Committee on Education created
pursuant to NRS 218.5352 and the State
Board.
(Added to NRS by 2001, 1204 )
DIPLOMAS
1. Notwithstanding any provision of this title to the contrary, a
person who:
(a) Left high school before graduating to serve in the Armed Forces
of the United States during:
(1) World War II and so served at any time between September
16, 1940, and December 31, 1946;
(2) The Korean War and so served at any time between June
25, 1950, and January 31, 1955; or
(3) The Vietnam Era and so served at any time between
January 1, 1961, and May 7, 1975;
(b) Was discharged from the Armed Forces of the United States under
honorable conditions; and
(c) As a result of his service in the Armed Forces of the United
States, did not receive a high school diploma,
Ê shall be deemed to have earned sufficient credits to receive a standard
high school diploma.
2. A school district may, upon request, issue a standard high
school diploma to any person who meets the requirements set forth in
subsection 1. A school district may issue a standard high school diploma
to such a person even if the person:
(a) Holds a general educational development credential or its
equivalent; or
(b) Is deceased, if the family of the veteran requests the issuance
of the diploma.
3. The State Board and the Office of Veterans’ Services shall work
cooperatively to establish guidelines for identifying and issuing
standard high school diplomas to persons pursuant to this section.
4. A person to whom a standard high school diploma is issued
pursuant to this section shall not be deemed to be a pupil for the
purposes of this title.
(Added to NRS by 2003, 444 )
MISCELLANEOUS PROVISIONS
If the
Department enters into a contract with a person or entity to score the
results of an examination that is administered to pupils pursuant to NRS
389.015 or 389.550 and the contract sets forth penalties or
sanctions in the event that the person or entity fails to deliver the
scored results to a school district or charter school on a timely basis,
the Department shall ensure that any such penalties or sanctions are
fully enforced.
(Added to NRS by 2001, 1205 )
