2005 Nevada Revised Statutes - Chapter 389 — Examinations, Courses, Standards and Diplomas

CHAPTER 389 - EXAMINATIONS, COURSES,STANDARDS AND DIPLOMAS

ADMINISTRATION OF EXAMINATIONS TO PUPILS WHO ARE LIMITEDENGLISH PROFICIENT AND PUPILS WITH DISABILITIES

NRS 389.011 Administrationto pupils who are limited English proficient; State Board required to prescribemodifications and accommodations; administration in language other than Englishrequired under certain circumstances; assessment of proficiency in Englishlanguage.

NRS 389.0115 Administrationto pupils with disabilities; modifications and accommodations required forcertain pupils; State Board required to prescribe alternate examination.

NATIONAL EXAMINATIONS; NORM-REFERENCED EXAMINATIONS; HIGHSCHOOL PROFICIENCY EXAMINATION

NRS 389.012 Examinationsof National Assessment of Educational Progress; regulations requiring selectedschools to participate; report of results; report of discrepancies.

NRS 389.015 Administrationand scoring of examinations; transmission of results; effect of failure todemonstrate adequate achievement or to pass; confidentiality of examinations.[Effective through June 30, 2007.]

NRS 389.015 Administrationand scoring of examinations; transmission of results; effect of failure todemonstrate adequate achievement or to pass; confidentiality of examinations.[Effective July 1, 2007.]

NRS 389.017 Reportingof results of examinations; reconciliation of number of pupils taking examinations.

NRS 389.0173 Highschool proficiency examination: Development of informational pamphletconcerning examination by Department; duties of school districts and charterschools to post pamphlet and distribute to pupils and parents.

NRS 389.0175 Highschool proficiency examination: Establishment of statewide program forpreparation of pupils to take examination; compliance with program required ofschool districts and certain schools; use of additional materials andinformation.

ACADEMIC SUBJECTS, INSTRUCTION AND COURSES OF STUDY

NRS 389.018 Designationof core academic subjects; additional subjects must be taught.

NRS 389.0185 Establishmentof courses of study.

NRS 389.019 Enforcementof standards and courses of study by trustees.

NRS 389.020 Instructionin American government required; exception.

NRS 389.030 Instructionin American history required; exception.

NRS 389.035 Satisfactorycompletion of courses in American government and American history required forgraduation; exemption for profoundly gifted pupils.

NRS 389.040 Patrioticobservance.

NRS 389.045 Courseof study designed to assist pupils with passing high school proficiencyexamination; board of trustees authorized to offer course as elective.

NRS 389.065 Instructionon acquired immune deficiency syndrome, human reproductive system, relatedcommunicable diseases and sexual responsibility.

NRS 389.090 Automobiledrivers education: Regulations by State Board; purposes; liability insurancerequired; content of courses; restrictions on age of pupils.

NRS 389.100 Automobiledrivers education: Legislative findings; authorization for school districtsand charter schools to charge fee.

NRS 389.150 Programsand curricula for American Indians.

NRS 389.155 Programof independent study for certain pupils; regulations; requirements.

NRS 389.160 Credittoward graduation from high school for courses taken at community college oruniversity.

NRS 389.165 Credittoward graduation from high school for certain community service projects.

NRS 389.180 Occupationalguidance and counseling.

ACADEMIC STANDARDS; CRITERION-REFERENCED EXAMINATIONS

NRS 389.500 Councildefined.

NRS 389.510 Councilto Establish Academic Standards: Creation; membership; terms; compensation.

NRS 389.520 Councilto Establish Academic Standards: Establishment of standards; periodic review ofstandards; adoption of standards by State Board.

NRS 389.530 Councilto Establish Academic Standards: Duty of Department to provide support;assistance from other state agencies.

NRS 389.540 Reviewof courses of study to determine compliance with standards.

NRS 389.550 Administrationof criterion-referenced examinations.

NRS 389.560 Reportingof results of examinations; reconciliation of number of pupils takingexaminations.

NRS 389.570 Councilrequired to review and evaluate results of examinations; report of evaluation.

ADMINISTRATION AND SECURITY OF EXAMINATIONS

NRS 389.600 Definitions.

NRS 389.604 Irregularityin testing administration defined.

NRS 389.608 Irregularityin testing security defined.

NRS 389.612 Schoolofficial defined.

NRS 389.616 Adoptionand enforcement of plan for test security by Department; contents of plan;annual submission of plan to State Board and Legislative Committee onEducation.

NRS 389.620 Adoptionand enforcement of plan for test security by board of trustees; contents ofplan; annual submission of plan to State Board and Legislative Committee onEducation; written notice concerning plan to educational personnel, pupils andparents; definitions.

NRS 389.624 Violationof state or district plan: Duty of Department to investigate; authority ofDepartment to issue subpoenas; enforcement of subpoena by court.

NRS 389.628 Violationof district plan: Duty of board of trustees to investigate or refer toDepartment; authority of board of trustees to issue subpoenas; enforcement ofsubpoena by court.

NRS 389.632 Certainschools required to provide for additional administration of examinations ifconsecutive irregularities in testing administration occur; school district orcharter school required to pay costs of additional administration;determination and notice by Department.

NRS 389.636 Planfor corrective action required of school or school district in response toirregularity in testing administration or security; notice by Department;establishment by Department of procedures to document corrective action;amendment of plan.

NRS 389.640 Establishmentof statewide program for preparation of pupils to take examinations; compliancewith program required of school districts and schools; use of additionalmaterials and information.

NRS 389.644 Establishmentof program of education and training regarding administration and security ofexaminations; expanded program authorized; school districts and charter schoolsrequired to ensure educational personnel receive program of education andtraining.

NRS 389.648 Establishmentof procedures for uniform documentation and maintenance of irregularities intesting administration and security; maintenance by Department of written summaryfor each irregularity; annual report by Department required.

DIPLOMAS

NRS 389.810 Issuanceof standard high school diploma to certain veterans who left high school toserve in Armed Forces.

MISCELLANEOUS PROVISIONS

NRS 389.900 Enforcementof contractual penalties or sanctions for failure to deliver results ofexaminations on timely basis.

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ADMINISTRATION OF EXAMINATIONS TO PUPILS WHO ARE LIMITEDENGLISH PROFICIENT AND PUPILS WITH DISABILITIES

NRS 389.011 Administrationto pupils who are limited English proficient; State Board required to prescribemodifications and accommodations; administration in language other than Englishrequired under certain circumstances; assessment of proficiency in Englishlanguage.

1. The board of trustees of each school district andthe governing body of each charter school shall ensure that each pupil who islimited English proficient and is enrolled in the school district or charterschool, as applicable, participates in the achievement and proficiencyexaminations administered pursuant to this chapter. The State Board shallprescribe reasonable modifications and accommodations that must be used in theadministration of an examination to a pupil who is limited English proficientand who is unable to take an examination under regular testing conditions. Theresults of each pupil who is limited English proficient and who takes anexamination with modifications and accommodations must be reported and includedwithin the determination of whether the school and the school district havemade adequate yearly progress.

2. The board of trustees of a school district and thegoverning body of a charter school shall administer to a pupil who is limitedEnglish proficient:

(a) To the extent practicable, examinations inmathematics and science required by subsection 1 in the language most likely toyield accurate and reliable information on what the pupil knows.

(b) To the extent practicable, examinations in readingrequired by subsection 1 in the language most likely to yield accurate andreliable information on what the pupil knows if the pupil has attended publicschools in the United States for less than 3 consecutive years.

(c) If the pupil has attended public schools in theUnited States for 3 consecutive years but less than 5 consecutive years:

(1) Examinations in reading required bysubsection 1 in the English language; or

(2) Examinations in reading required bysubsection 1 in the language most likely to yield accurate and reliableinformation on what the pupil knows if the board of trustees or the governingbody, as applicable, determines that the pupil has not reached a level ofEnglish proficiency sufficient to yield valid and reliable information on whatthe pupil knows. The board of trustees or the governing body of a charterschool, as applicable, may grant exceptions for a particular pupil pursuant tothis subparagraph, on a case-by-case basis, for a period not longer than 2consecutive years.

(d) If the pupil has attended public schools in theUnited States for 5 consecutive years or more, examinations in reading requiredby subsection 1 in the English language.

3. The State Board shall prescribe an assessment ofproficiency in the English language for pupils who are limited Englishproficient to measure oral language skills, comprehension skills, readingskills and writing skills. The board of trustees of each school district andthe governing body of each charter school shall administer the assessmentannually at the time prescribed by the State Board. A pupil who takes theassessment prescribed pursuant to this subsection is not exempt from theachievement and proficiency examinations administered pursuant to this chapter.

(Added to NRS by 2003, 19th SpecialSession, 53)

NRS 389.0115 Administrationto pupils with disabilities; modifications and accommodations required forcertain pupils; State Board required to prescribe alternate examination.

1. If a pupil with a disability is unable to take anexamination administered pursuant to NRS389.015 or 389.550 under regulartesting conditions, the pupil may take the examination with modifications andaccommodations that the pupils individualized education program teamdetermines, in consultation with the Department and in accordance with theIndividuals with Disabilities Education Act, 20 U.S.C. 1400 et seq., and theNo Child Left Behind Act of 2001, 20 U.S.C. 6301 et seq., are necessary tomeasure the progress of the pupil. If modifications or accommodations are madein the administration of an examination for a pupil with a disability, themodifications or accommodations must be set forth in the pupils individualizededucation program. The results of each pupil with a disability who takes anexamination with modifications or accommodations must be reported and must beincluded in the determination of whether the school and the school districthave made adequate yearly progress.

2. The State Board shall prescribe an alternateexamination for administration to a pupil with a disability if the pupilsindividualized education program team determines, in consultation with theDepartment, that the pupil cannot participate in all or a portion of anexamination administered pursuant to NRS389.015 or 389.550 even withmodifications and accommodations.

3. The State Board shall prescribe, in accordance withthe Individuals with Disabilities Education Act, 20 U.S.C. 1400 et seq., andthe No Child Left Behind Act of 2001, 20 U.S.C. 6301 et seq., themodifications and accommodations that must be used in the administration of anexamination to a pupil with a disability who is unable to take the examinationunder regular testing conditions.

4. As used in this section:

(a) Individualized education program has the meaningascribed to it in 20 U.S.C. 1414(d)(1)(A).

(b) Individualized education program team has themeaning ascribed to it in 20 U.S.C. 1414(d)(1)(B).

(Added to NRS by 2003, 19th SpecialSession, 54)

NATIONAL EXAMINATIONS; NORM-REFERENCED EXAMINATIONS; HIGHSCHOOL PROFICIENCY EXAMINATION

NRS 389.012 Examinationsof National Assessment of Educational Progress; regulations requiring selectedschools to participate; report of results; report of discrepancies.

1. The State Board shall:

(a) In accordance with guidelines established by theNational Assessment Governing Board and National Center for EducationStatistics and in accordance with 20 U.S.C. 6301 et seq. and the regulationsadopted pursuant thereto, adopt regulations requiring the schools of this Statethat are selected by the National Assessment Governing Board or the National Centerfor Education Statistics to participate in the examinations of the NationalAssessment of Educational Progress.

(b) Report the results of those examinations to the:

(1) Governor;

(2) Board of trustees of each school district ofthis State;

(3) Legislative Committee on Education createdpursuant to NRS 218.5352; and

(4) Legislative Bureau of EducationalAccountability and Program Evaluation created pursuant to NRS 218.5356.

(c) Include in the report required pursuant toparagraph (b) an analysis and comparison of the results of pupils in this Stateon the examinations required by this section with:

(1) The results of pupils throughout thiscountry who participated in the examinations of the National Assessment ofEducational Progress; and

(2) The results of pupils on the achievement andproficiency examinations administered pursuant to this chapter.

2. If the report required by subsection 1 indicatesthat the percentage of pupils enrolled in the public schools in this State whoare proficient on the National Assessment of Educational Progress differs bymore than 10 percent of the pupils who are proficient on the examinationsadministered pursuant to NRS 389.550 andthe high school proficiency examination administered pursuant to NRS 389.015, the Department shall prepare awritten report describing the discrepancy. The report must include, without limitation,a comparison and evaluation of:

(a) The standards of content and performance forEnglish and mathematics established pursuant to NRS 389.520 with the standards for Englishand mathematics that are tested on the National Assessment.

(b) The standards for proficiency established for theNational Assessment with the standards for proficiency established for theexaminations that are administered pursuant to NRS 389.550 and the high school proficiencyexamination administered pursuant to NRS389.015.

3. The report prepared by the Department pursuant to subsection2 must be submitted to the:

(a) Governor;

(b) Legislative Committee on Education;

(c) Legislative Bureau of Educational Accountabilityand Program Evaluation; and

(d) Council to Establish Academic Standards for PublicSchools.

4. The Council to Establish Academic Standards forPublic Schools shall review and evaluate the report provided to the Councilpursuant to subsection 3 to identify any discrepancies in the standards ofcontent and performance established by the Council that require revision and atimeline for carrying out the revision, if necessary. The Council shall submita written report of its review and evaluation to the Legislative Committee onEducation and Legislative Bureau of Educational Accountability and ProgramEvaluation.

(Added to NRS by 1997, 1772; A 2003, 19th SpecialSession, 55; 2005,1656)

NRS 389.015 Administrationand scoring of examinations; transmission of results; effect of failure todemonstrate adequate achievement or to pass; confidentiality of examinations.[Effective through June 30, 2007.]

1. The board of trustees of each school district shalladminister examinations in all public schools of the school district. Thegoverning body of a charter school shall administer the same examinations inthe charter school. The examinations administered by the board of trustees andgoverning 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 eachcharter school at the same time during the spring semester. The time for theadministration of the examinations must be prescribed by the State Board.

(c) Administered in each school in accordance withuniform procedures adopted by the State Board. The Department shall monitor thecompliance of school districts and individual schools with the uniformprocedures.

(d) Administered in each school in accordance with theplan adopted pursuant to NRS 389.616 bythe Department and with the plan adopted pursuant to NRS 389.620 by the board of trustees of theschool district in which the examinations are administered. The Departmentshall 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 ofthe applicable school district, to the extent that the plan adopted by theboard of trustees of the school district is consistent with the plan adopted bythe Department.

(e) Scored by a single private entity that hascontracted with the State Board to score the examinations. The private entitythat scores the examinations shall report the results of the examinations inthe form and by the date required by the Department.

3. Not more than 14 working days after the results ofthe examinations are reported to the Department by a private entity that scoredthe examinations, the Superintendent of Public Instruction shall certify thatthe results of the examinations have been transmitted to each school districtand each charter school. Not more than 10 working days after a school districtreceives the results of the examinations, the superintendent of schools of eachschool district shall certify that the results of the examinations have beentransmitted to each school within the school district. Except as otherwiseprovided in this subsection, not more than 15 working days after each schoolreceives the results of the examinations, the principal of each school and thegoverning body of each charter school shall certify that the results for eachpupil have been provided to the parent or legal guardian of the pupil:

(a) During a conference between the teacher of thepupil or administrator of the school and the parent or legal guardian of thepupil; or

(b) By mailing the results of the examinations to thelast known address of the parent or legal guardian of the pupil.

If a pupilfails the high school proficiency examination, the school shall notify thepupil and the parents or legal guardian of the pupil as soon as practicable butnot later than 15 working days after the school receives the results of theexamination.

4. If a pupil fails to demonstrate at least adequateachievement on the examination administered before the completion of grade 4, 7or 10, he may be promoted to the next higher grade, but the results of hisexamination 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 yearlyprogress or in which less than 60 percent of the pupils enrolled in grade 4, 7or 10 in the school who took the examinations administered pursuant to thissection received an average score on those examinations that is at least equalto the 26th percentile of the national reference group of pupils to which theexaminations were compared, the pupil must, in accordance with the requirementsset forth in this subsection, complete remedial study that is determined to beappropriate for the pupil.

5. If a pupil fails to pass the proficiencyexamination administered before the completion of grade 11, he must not begraduated until he is able, through remedial study, to pass the proficiencyexamination, but he may be given a certificate of attendance, in place of adiploma, if he has reached the age of 17 years.

6. The State Board shall prescribe standardexaminations of achievement and proficiency to be administered pursuant tosubsection 1. The high school proficiency examination must include the subjectsof reading and mathematics and, except for the writing portion prescribedpursuant to NRS 389.550, must bedeveloped, printed and scored by a nationally recognized testing company inaccordance with the process established by the testing company. Theexaminations on reading, mathematics and science prescribed for grades 4, 7 and10 must be selected from examinations created by private entities andadministered to a national reference group, and must allow for a comparison ofthe achievement and proficiency of pupils in grades 4, 7 and 10 in this Stateto that of a national reference group of pupils in grades 4, 7 and 10. Thequestions contained in the examinations and the approved answers used forgrading them are confidential, and disclosure is unlawful except:

(a) To the extent necessary for administering andevaluating the examinations.

(b) That a disclosure may be made to a:

(1) State officer who is a member of theExecutive or Legislative Branch to the extent that it is necessary for theperformance of his duties;

(2) Superintendent of schools of a schooldistrict to the extent that it is necessary for the performance of his duties;

(3) Director of curriculum of a school districtto the extent that it is necessary for the performance of his duties; and

(4) Director of testing of a school district tothe extent that it is necessary for the performance of his duties.

(c) That specific questions and answers may bedisclosed if the Superintendent of Public Instruction determines that thecontent of the questions and answers is not being used in a current examinationand making the content available to the public poses no threat to the securityof 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 SpecialSession, 55, 58)

NRS 389.015 Administration and scoring ofexaminations; transmission of results; effect of failure to demonstrateadequate achievement or to pass; confidentiality of examinations. [EffectiveJuly 1, 2007.]

1. The board of trustees of each school district shalladminister examinations in all public schools of the school district. Thegoverning body of a charter school shall administer the same examinations inthe charter school. The examinations administered by the board of trustees andgoverning 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 eachcharter school at the same time during the spring semester. The time for theadministration of the examinations must be prescribed by the State Board.

(c) Administered in each school in accordance withuniform procedures adopted by the State Board. The Department shall monitor thecompliance of school districts and individual schools with the uniformprocedures.

(d) Administered in each school in accordance with theplan adopted pursuant to NRS 389.616 bythe Department and with the plan adopted pursuant to NRS 389.620 by the board of trustees of theschool district in which the examinations are administered. The Departmentshall 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 ofthe applicable school district, to the extent that the plan adopted by theboard of trustees of the school district is consistent with the plan adopted bythe Department.

(e) Scored by a single private entity that hascontracted with the State Board to score the examinations. The private entitythat scores the examinations shall report the results of the examinations inthe form and by the date required by the Department.

3. Not more than 14 working days after the results ofthe examinations are reported to the Department by a private entity that scoredthe examinations, the Superintendent of Public Instruction shall certify thatthe results of the examinations have been transmitted to each school districtand each charter school. Not more than 10 working days after a school districtreceives the results of the examinations, the superintendent of schools of eachschool district shall certify that the results of the examinations have beentransmitted to each school within the school district. Except as otherwiseprovided in this subsection, not more than 15 working days after each schoolreceives the results of the examinations, the principal of each school and thegoverning body of each charter school shall certify that the results for eachpupil have been provided to the parent or legal guardian of the pupil:

(a) During a conference between the teacher of thepupil or administrator of the school and the parent or legal guardian of thepupil; or

(b) By mailing the results of the examinations to thelast known address of the parent or legal guardian of the pupil.

If a pupilfails the high school proficiency examination, the school shall notify thepupil and the parents or legal guardian of the pupil as soon as practicable butnot later than 15 working days after the school receives the results of theexamination.

4. If a pupil fails to demonstrate at least adequateachievement on the examination administered before the completion of grade 4, 7or 10, he may be promoted to the next higher grade, but the results of hisexamination 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 yearlyprogress or in which less than 60 percent of the pupils enrolled in grade 4, 7or 10 in the school who took the examinations administered pursuant to thissection received an average score on those examinations that is at least equalto the 26th percentile of the national reference group of pupils to which theexaminations were compared, the pupil must, in accordance with the requirementsset forth in this subsection, complete remedial study that is determined to beappropriate for the pupil.

5. If a pupil fails to pass the proficiencyexamination administered before the completion of grade 11, he must not begraduated until he is able, through remedial study, to pass the proficiencyexamination, but he may be given a certificate of attendance, in place of adiploma, if he has reached the age of 17 years.

6. The State Board shall prescribe standardexaminations of achievement and proficiency to be administered pursuant tosubsection 1. The high school proficiency examination must include the subjectsof reading, mathematics and science and, except for the writing portionprescribed pursuant to NRS 389.550, mustbe developed, printed and scored by a nationally recognized testing company inaccordance with the process established by the testing company. Theexaminations on reading, mathematics and science prescribed for grades 4, 7 and10 must be selected from examinations created by private entities andadministered to a national reference group, and must allow for a comparison ofthe achievement and proficiency of pupils in grades 4, 7 and 10 in this Stateto that of a national reference group of pupils in grades 4, 7 and 10. Thequestions contained in the examinations and the approved answers used forgrading them are confidential, and disclosure is unlawful except:

(a) To the extent necessary for administering andevaluating the examinations.

(b) That a disclosure may be made to a:

(1) State officer who is a member of theExecutive or Legislative Branch to the extent that it is necessary for theperformance of his duties;

(2) Superintendent of schools of a schooldistrict to the extent that it is necessary for the performance of his duties;

(3) Director of curriculum of a school districtto the extent that it is necessary for the performance of his duties; and

(4) Director of testing of a school district tothe extent that it is necessary for the performance of his duties.

(c) That specific questions and answers may bedisclosed if the Superintendent of Public Instruction determines that thecontent of the questions and answers is not being used in a current examinationand making the content available to the public poses no threat to the securityof 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 SpecialSession, 55, 58,60,effective July 1, 2007)

NRS 389.017 Reportingof results of examinations; reconciliation of number of pupils takingexaminations.

1. The State Board shall adopt regulations requiringthat each board of trustees of a school district and each governing body of acharter school submit to the Superintendent of Public Instruction and theDepartment, in the form and manner prescribed by the Superintendent, theresults of achievement and proficiency examinations administered pursuant to NRS 389.015 to public school pupils of thedistrict and charter schools. The State Board shall not include in theregulations any provision which would violate the confidentiality of the testscores of any individual pupil.

2. The results of examinations must be reported foreach school, including, without limitation, each charter school, schooldistrict and this state, as follows:

(a) The average score, as defined by the Department, ofpupils who took the examinations under regular testing conditions; and

(b) The average score, as defined by the Department, ofpupils who took the examinations with modifications or accommodations, if suchreporting does not violate the confidentiality of the test scores of anyindividual pupil.

3. Not later than 10 days after the Departmentreceives the results of the achievement and proficiency examinations, theDepartment shall transmit a copy of the results of the examinationsadministered pursuant to NRS 389.015 tothe Legislative Bureau of Educational Accountability and Program Evaluation ina manner that does not violate the confidentiality of the test scores of anyindividual pupil.

4. On or before July 1 of each year, each schooldistrict and each charter school shall report to the Department the followinginformation for each examination administered in the public schools in theschool district or charter school:

(a) The examination administered;

(b) The grade level or levels of pupils to whom theexamination was administered;

(c) The costs incurred by the school district orcharter school in administering each examination; and

(d) The purpose, if any, for which the results of theexamination are used by the school district or charter school.

On or beforeSeptember 1 of each year, the Department shall transmit to the Budget Divisionof the Department of Administration and the Fiscal Analysis Division of theLegislative Counsel Bureau the information submitted to the Department pursuantto this subsection.

5. The superintendent of schools of each schooldistrict and the governing body of each charter school shall certify that thenumber of pupils who took the examinations required pursuant to NRS 389.015 is equal to the number ofpupils who are enrolled in each school in the school district or in the charterschool who are required to take the examinations.

6. In addition to the information required bysubsection 4, the Superintendent of Public Instruction shall:

(a) Report the number of pupils who were absent fromschool on the day that the examinations were administered; and

(b) Reconcile the number of pupils who were required totake the examinations with the number of pupils who were absent from school onthe 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 SpecialSession, 62)

NRS 389.0173 Highschool proficiency examination: Development of informational pamphletconcerning examination by Department; duties of school districts and charterschools to post pamphlet and distribute to pupils and parents.

1. The Department shall develop an informationalpamphlet concerning the high school proficiency examination for pupils who areenrolled in junior high, middle school and high school, and their parents andlegal 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 heis not eligible to receive a standard high school diploma;

(b) Subject areas tested on the examination;

(c) Format for the examination, including, withoutlimitation, the range of items that are contained on the examination;

(d) Manner by which the scaled score, as reported topupils and their parents or legal guardians, is derived from the raw score;

(e) Timeline by which the results of the examinationmust be reported to pupils and their parents or legal guardians;

(f) Maximum number of times that a pupil is allowed totake the examination if he fails to pass the examination after the firstadministration;

(g) Courses of study that the Department recommendsthat pupils take to prepare the pupils to successfully meet the academicchallenges of the examination and pass the examination; and

(h) Courses of study which the Department recommendsthat pupils take in high school to successfully prepare for the collegeentrance examinations.

2. The Department shall review the pamphlet on anannual basis and make such revisions to the pamphlet as it considers necessaryto ensure that pupils and their parents or legal guardians fully understand theexamination.

3. On or before September 1, the Department shallprovide a copy of the pamphlet or revised pamphlet to the board of trustees ofeach school district and the governing body of each charter school thatincludes pupils enrolled in a junior high, middle school or high school gradelevel.

4. The board of trustees of each school district shallprovide a copy of the pamphlet to each junior high, middle school or highschool within the school district for posting. The governing body of eachcharter school shall ensure that a copy of the pamphlet is posted at thecharter school. Each principal of a junior high, middle school, high school orcharter school shall ensure that the teachers, counselors and administratorsemployed 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 shallprovide 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 legalguardians of such a pupil.

(b) Governing body of each charter school shall providea copy of the pamphlet to each pupil who is enrolled in the charter school at ajunior high, middle school or high school grade level and to the parents orlegal guardians of such a pupil.

(Added to NRS by 2001, 1089; A 2003, 889)

NRS 389.0175 Highschool proficiency examination: Establishment of statewide program forpreparation of pupils to take examination; compliance with program required ofschool districts and certain schools; use of additional materials andinformation.

1. The Department shall establish a statewide programfor use by schools and school districts in their preparation of pupils for thehigh school proficiency examination. The program must:

(a) Be designed to ensure that pupils understand theformat for the examination;

(b) Be designed to ensure that the actual examinationis not included within the materials and other information used forpreparation; and

(c) Specify the type of sample questions and practiceitems that may be included with the materials and other information used forpreparation.

2. Each school district, each middle school, juniorhigh and high school within a school district and each charter school thatprovides instruction to pupils enrolled in a middle school, junior high or highschool grade level shall comply with the statewide program established pursuantto subsection 1. This subsection does not preclude a school or a schooldistrict from providing additional materials and information for preparation ifthe materials and information comply with the statewide program.

(Added to NRS by 2001, 1090)

ACADEMIC SUBJECTS, INSTRUCTION AND COURSES OF STUDY

NRS 389.018 Designationof core academic subjects; additional subjects must be taught.

1. The following subjects are designated as the coreacademic subjects that must be taught, as applicable for grade levels, in allpublic schools, the Caliente Youth Center, the Nevada Youth Training Center andany other state facility for the detention of children that is operatedpursuant to title 5 of NRS:

(a) English, including reading, composition andwriting;

(b) Mathematics;

(c) Science; and

(d) Social studies, which includes only the subjects ofhistory, geography, economics and government.

2. Except as otherwise provided in this subsection, inaddition to the core academic subjects, the following subjects must be taughtas applicable for grade levels and to the extent practicable in all publicschools, the Caliente Youth Center, the Nevada Youth Training Center and anyother state facility for the detention of children that is operated pursuant totitle 5 of NRS:

(a) The arts;

(b) Computer education and technology;

(c) Health; and

(d) Physical education.

If the StateBoard requires the completion of course work in a subject area set forth inthis 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 requiredfor graduation from high school or promotion to the next grade, a charterschool is not required to comply with this subsection.

(Added to NRS by 1999, 3257; A 2003, 1143)

NRS 389.0185 Establishmentof courses of study. The State Board shalladopt regulations establishing courses of study and the grade levels for whichthe courses of study apply for:

1. The academic subjects set forth in NRS 389.018.

2. Citizenship and physical training for pupilsenrolled in high school.

3. Physiology, hygiene and cardiopulmonaryresuscitation.

4. The prevention of suicide.

5. Instruction relating to child abuse.

6. The economics of the American system of freeenterprise.

7. American Sign Language.

8. Environmental education.

9. Adult roles and responsibilities.

A course ofstudy established for subsection 1 may include one or more of the subjectslisted in subsections 2 to 9, inclusive.

(Added to NRS by 1999, 3258)

NRS 389.019 Enforcementof standards and courses of study by trustees. Exceptas 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 performanceestablished by the Council to Establish Academic Standards for Public Schoolsand the courses of study related to those standards; and

2. The courses of study prescribed and adopted by theState Board.

[291:32:1956](NRS A 1979, 1598; 1991, 2088; 1999, 3258, 3388; 2001, 236)

NRS 389.020 Instructionin American government required; exception.

1. In all public schools, the Caliente Youth Center,the Nevada Youth Training Center and any other state facility for the detentionof children that is operated pursuant to title 5 of NRS, instruction must begiven 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 andideals.

2. Except as otherwise provided in NRS 392A.100, the instruction required insubsection 1 must be given during at least 1 year of the elementary schoolgrades 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)

NRS 389.030 Instructionin American history required; exception. Exceptas 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, theConstitution of the State of Nevada; and

3. Declaration of Independence,

must betaught in all of the public schools in the State of Nevada for a period of atleast 1 year.

[293:32:1956](NRS A 1973, 1547; 1979, 1598; 2001, 1491; 2005, 2429)

NRS 389.035 Satisfactorycompletion of courses in American government and American history required forgraduation; exemption for profoundly gifted pupils.

1. Except as otherwiseprovided in subsection 2, no pupil in any public high school, the Caliente YouthCenter, the Nevada Youth Training Center or any other state facility for thedetention of children that is operated pursuant to title 5 of NRS may receive acertificate or diploma of graduation without having passed a course in Americangovernment and American history as required by NRS 389.020 and 389.030.

2. A pupil who isenrolled in a university school for profoundly gifted pupils who meets therequirements of NRS 392A.100 is exemptfrom the provisions of this section.

(Added to NRS by 1973, 1547; A 1979, 1598; 1989,1960; 2003, 1144;2005, 2429)

NRS 389.040 Patrioticobservance. Each public school shall set asideappropriate time at the beginning of each school day for pupils to pledge theirallegiance to the flag of the United States. In addition, each public schoolmay set aside appropriate time during the school day for additional patrioticobservance.

[294:32:1956](NRS A 1999, 125)

NRS 389.045 Courseof study designed to assist pupils with passing high school proficiencyexamination; board of trustees authorized to offer course as elective.

1. The State Board shall prescribe, by regulation, acourse of study that is designed to assist pupils enrolled in high school withpassing the high school proficiency examination. The course of study must:

(a) Be consistent with the statewide program to preparepupils for the high school proficiency examination established pursuant to NRS 389.0175; and

(b) Ensure the security and confidentiality of the highschool proficiency examination in accordance with the plan for test securityadopted by the Department pursuant to NRS389.616.

2. The board of trustees of each school district mayoffer the course of study prescribed by the State Board pursuant to subsection1 as an elective to pupils enrolled in high school in the school district.

(Added to NRS by 2003, 889)

NRS 389.065 Instructionon acquired immune deficiency syndrome, human reproductive system, relatedcommunicable diseases and sexual responsibility.

1. The board of trustees of a school district shallestablish a course or unit of a course of:

(a) Factual instruction concerning acquired immunedeficiency syndrome; and

(b) Instruction on the human reproductive system,related communicable diseases and sexual responsibility.

2. Each board of trustees shall appoint an advisorycommittee consisting of:

(a) Five parents of children who attend schools in thedistrict; and

(b) Four representatives, one from each of four of thefollowing professions or occupations:

(1) Medicine or nursing;

(2) Counseling;

(3) Religion;

(4) Pupils who attend schools in the district;or

(5) Teaching.

Thiscommittee shall advise the district concerning the content of and materials tobe used in a course of instruction established pursuant to this section, andthe recommended ages of the pupils to whom the course is offered. The finaldecision on these matters must be that of the board of trustees.

3. The subjects of the courses may be taught only by ateacher or school nurse whose qualifications have been previously approved bythe board of trustees.

4. The parent or guardian of each pupil to whom acourse is offered must first be furnished written notice that the course willbe offered. The notice must be given in the usual manner used by the localdistrict to transmit written material to parents, and must contain a form forthe signature of the parent or guardian of the pupil consenting to hisattendance. Upon receipt of the written consent of the parent or guardian, thepupil may attend the course. If the written consent of the parent or guardianis not received, he must be excused from such attendance without any penalty asto credits or academic standing. Any course offered pursuant to this section isnot a requirement for graduation.

5. All instructional materials to be used in a coursemust be available for inspection by parents or guardians of pupils atreasonable times and locations before the course is taught, and appropriatewritten notice of the availability of the material must be furnished to allparents and guardians.

(Added to NRS by 1979, 836; A 1987, 1734)

NRS 389.090 Automobiledrivers education: Regulations by State Board; purposes; liability insurancerequired; content of courses; restrictions on age of pupils.

1. The State Board shall adopt regulations governingthe establishment, conduct and scope of automobile drivers education in thepublic schools of this State. The regulations must set forth, withoutlimitation:

(a) The number of hours of training that must becompleted 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 trainingconducted in a classroom; and

(2) May, in addition to the component oftraining conducted in a classroom, include a component of training conducted ina motor vehicle; and

(c) That if a course in automobile drivers educationincludes components of training conducted both in a classroom and in a motorvehicle:

(1) One hour of training in a motor vehicle isequivalent to 3 hours of training in a classroom; and

(2) Not more than one-half of the requirednumber of hours of training described in paragraph (a) may be training in amotor vehicle.

2. The aims and purposes of automobile driverseducation are to develop the knowledge, attitudes, habits and skills necessaryfor the safe operation of motor vehicles.

3. The board of trustees of a school district mayestablish and maintain courses in automobile drivers education during regularsemesters and summer sessions and during the regular school day and at timesother than during the regular school day for:

(a) Pupils enrolled in the regular full-time day highschools in the school district.

(b) Pupils enrolled in summer classes conducted in highschools in the school district.

A board oftrustees maintaining courses in automobile drivers education shall insureagainst any liability arising out of the use of motor vehicles in connectionwith those courses. The cost of the insurance must be paid from available moneyof the school district.

4. A governing body of a charter school may establishand maintain courses in automobile drivers education if the governing bodyinsures against any liability arising out of the use of motor vehicles inconnection with those courses.

5. Automobile drivers education must be provided byboards of trustees of school districts and governing bodies of charter schoolsin accordance with the regulations of the State Board and may not be duplicatedby any other agency, department, commission or officer of the State of Nevada.

6. Each course in automobile drivers educationprovided by a board of trustees of a school district or a governing body of acharter school must include, without limitation, instruction in:

(a) Motor vehicle insurance.

(b) The effect of drugs and alcohol on an operator of amotor vehicle.

7. Each course in automobile drivers educationprovided by a board of trustees of a school district or a governing body of acharter 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 SpecialSession, 269; 2003,320; 2005, 2310)

NRS 389.100 Automobiledrivers education: Legislative findings; authorization for school districtsand charter schools to charge fee.

1. The Legislature finds as facts:

(a) That the successful completion of an approved automobiledrivers education course by a pupil offers a direct financial benefit to hisparents or other responsible adult through the reduction of insurance premiums.

(b) That the imposition of a laboratory fee as aprerequisite to an elective course in driver education does not violate therequirements of Article 11 of the Constitution of the State of Nevada.

2. The board of trustees of any school district andthe governing body of any charter school may establish a laboratory fee to becharged each pupil enrolling for an automobile drivers education course whichmust not exceed the actual cost per pupil of providing the laboratory portionof the course.

(Added to NRS by 1965, 762; A 1969, 282; 1973, 266;1979, 1599; 1981, 1542; 1997, 1870)

NRS 389.150 Programsand curricula for American Indians. The Superintendentof Public Instruction, working with the American Indian tribes, shall establishprograms and curricula designed to meet the special educational needs ofAmerican Indians in this state.

(Added to NRS by 1979, 192)

NRS 389.155 Programof independent study for certain pupils; regulations; requirements.

1. The State Board shall, by regulation, establish aprogram pursuant to which a pupil enrolled full time in high school or a pupilwho has been suspended or expelled from a public school may complete anyrequired or elective course by independent study outside of the normalclassroom setting. A program of independent study provided pursuant to thissection 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 thework assignments necessary to complete the course; and

(b) The pupil and teacher meet or otherwise communicatewith each other at least once each week during the course to discuss thepupils progress.

3. Except as otherwise provided in this subsection,the board of trustees of a school district may, in accordance with theregulations adopted pursuant to subsections 1 and 2, provide for independentstudy 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 independentstudy be given instruction individually or in a group.

(2) The independent study be offered during theregular school day.

(b) Who have been suspended or expelled from a publicschool. A program of independent study offered pursuant to this paragraph mustnot allow a pupil to attend that public school during the period of his suspensionor expulsion.

(Added to NRS by 1997, 1839; A 2001, 3159; 2005, 1539)

NRS 389.160 Credittoward graduation from high school for courses taken at community college oruniversity.

1. A pupil enrolled in high school, including, withoutlimitation, a pupil enrolled in grade 9, 10, 11 or 12 in a charter school, whosuccessfully completes a course of education offered by a community college oruniversity in this State which has been approved pursuant to subsection 2, mustbe allowed to apply the credit received for the course so completed to thetotal number of credits required for graduation from high school or the charterschool in which the pupil is enrolled.

2. With the approval of the State Board, the board oftrustees of each county school district and the governing body of each charterschool shall prescribe the courses for which credits may be received pursuantto subsection 1, including occupational courses for academic credit, and theamount of credit allowed for the completion of those courses.

(Added to NRS by 1989, 1089; A 1991, 1700; 1993, 103;1999, 3313)

NRS 389.165 Credittoward graduation from high school for certain community service projects.

1. A pupil enrolled in high school who successfullycompletes a community service project which has been approved pursuant to thissection must be allowed to apply not more than one credit received for thecompletion of the project toward the total number of credits required forgraduation from high school. The credit must be applied toward the pupilselective course credits and not toward a course that is required for graduationfrom high school. A pupil may not receive credit for the completion of acommunity service project if the project duplicates a course of study in whichthe pupil has received instruction.

2. With the approval of the State Board, the board oftrustees of each school district shall prescribe for the district the:

(a) Community service projects for which credit will begranted;

(b) Amount of credit which will be granted uponcompletion of each project;

(c) Rules regarding how a pupil may apply for suchcredit upon completion of a community service project; and

(d) Procedures for obtaining the consent of a parent orlegal guardian of a pupil before the pupil may participate in a community serviceproject for which credit will be granted.

(Added to NRS by 1995, 1015)

NRS 389.180 Occupationalguidance and counseling.

1. The State Board shall, by regulation, establish acourse of study in occupational guidance and counseling.

2. The board of trustees of each school district shallestablish the curriculum for the course of study in that district. Thecurriculum must be organized and, with the assistance of teachers,administrators, pupils, parents and the business community, coordinated by licensedschool 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 whichpermit him to control his own destiny.

(d) Assist each pupil to plan, monitor and manage hispersonal, educational and occupational development.

(e) Meet the immediate needs and concerns of eachpupil, whether his needs or concerns require counseling, consultation, referralor information.

(f) Provide counselors, teachers and support staff withthe knowledge and skills required to maintain and improve the course.

(g) Provide such other related assistance andinstruction as is deemed necessary.

3. The instruction required by this section must bemade available for each pupil in grades 7 to 12, inclusive.

4. The board of trustees in each school district shallorganize and offer the curriculum within the limits of money made available tothe district by the Legislature for that purpose.

(Added to NRS by 1991, 2087)

ACADEMIC STANDARDS; CRITERION-REFERENCED EXAMINATIONS

NRS 389.500 Councildefined. As used in NRS 389.500 to 389.570, inclusive, Council means theCouncil to Establish Academic Standards for Public Schools.

(Added to NRS by 1999, 3384)

NRS 389.510 Councilto Establish Academic Standards: Creation; membership; terms; compensation.

1. The Council to Establish Academic Standards forPublic Schools, consisting of eight members, is hereby created. The membershipof the Council consists of:

(a) Four members appointed by the Governor inaccordance with subsection 2;

(b) Two members appointed by the Majority Leader of theSenate in accordance with subsection 3; and

(c) Two members appointed by the Speaker of theAssembly in accordance with subsection 3.

2. The Governor shall ensure that:

(a) Two of the members whom he appoints to the Councilare parents or legal guardians of pupils who attend public schools. Thesemembers must not otherwise be affiliated with the public school system of thisState.

(b) Two of the members whom he appoints to the Councilare licensed educational personnel.

(c) Insofar as practicable, the members whom heappoints to the Council reflect the ethnic and geographical diversity of thisState.

3. The Majority Leader of the Senate and the Speakerof the Assembly shall each ensure that:

(a) One of the members whom he appoints to the Councilis a member of the House of the Legislature to which he belongs.

(b) The other member whom he appoints to the Council isa representative of a private business or industry that may be affected byactions taken by the Council.

4. Each member of the Council must be a resident ofthis State.

5. After the initial terms, the term of each member ofthe Council is 4 years. The person who appoints a member to the Council mayremove that member if the member neglects his duty or commits malfeasance inoffice, or for other just cause. A vacancy in the membership of the Councilmust be filled for the remainder of the unexpired term in the same manner asthe original appointment. A member shall continue to serve on the Council untilhis successor is appointed.

6. The Governor shall select a Chairman from among themembership of the Council in accordance with this subsection. The Governorshall not select as Chairman a member of the Council who is affiliated with thepublic school system in this State, except that this subsection does notpreclude the Governor from selecting a parent or legal guardian of a pupil asChairman if the parent or legal guardian is not otherwise affiliated with thepublic school system in this State. Once selected by the Governor, the Chairmanholds that office for 2 years.

7. For each day or portion of a day during which amember of the Council who is a Legislator attends a meeting of the Council oris otherwise engaged in the work of the Council, except during a regular orspecial session of the Legislature, he is entitled to receive the:

(a) Compensation provided for a majority of the membersof the Legislature during the first 60 days of the preceding session;

(b) Per diem allowance provided for state officers andemployees generally; and

(c) Travel expenses provided pursuant to NRS 218.2207.

Thecompensation, per diem allowances and travel expenses of the legislativemembers of the Council must be paid from the Legislative Fund.

8. Members of the Council who are not Legislatorsserve without salary, but are entitled to receive the per diem allowance andtravel expenses provided for state officers and employees generally.

(Added to NRS by 1999, 3384; A 2003, 815)

NRS 389.520 Councilto Establish Academic Standards: Establishment of standards; periodic review ofstandards; adoption of standards by State Board.

1. The Council shall:

(a) Establish standards of content and performance,including, without limitation, a prescription of the resulting level ofachievement, for the grade levels set forth in subsection 2, based upon thecontent of each course, that is expected of pupils for the following courses ofstudy:

(1) English, including reading, composition andwriting;

(2) Mathematics;

(3) Science;

(4) Social studies, which includes only thesubjects 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 reviewmust include, without limitation, the review required pursuant to NRS 389.570 of the results of pupils on theexaminations administered pursuant to NRS389.550.

(c) Assign priorities to the standards of content andperformance relative to importance and degree of emphasis and revise thestandards, if necessary, based upon the priorities.

2. The Council shall establish standards of contentand performance for each grade level in kindergarten and grades 1 to 8,inclusive, for English and mathematics. The Council shall establish standardsof content and performance for the grade levels selected by the Council for theother courses of study prescribed in subsection 1.

3. The State Board shall adopt the standards ofcontent and performance established by the Council.

4. The Council shall work in cooperation with theState Board to prescribe the examinations required by NRS 389.550.

(Added to NRS by 1999, 3385)

NRS 389.530 Councilto Establish Academic Standards: Duty of Department to provide support;assistance from other state agencies.

1. The Department shall provide:

(a) Administrative support;

(b) Equipment; and

(c) Office space,

as isnecessary for the Council to carry out its duties.

2. The Council may request assistance from any agencyof this state if the assistance is necessary for the Council to carry out itsduties.

(Added to NRS by 1999, 3386)

NRS 389.540 Reviewof courses of study to determine compliance with standards. The board of trustees of each school district shallconduct a periodic review of the courses of study offered in the public schoolsof the school district to determine whether the courses of study comply withthe standards of content and performance established by the Council pursuant toNRS 389.520 and if revision of thecourses of study is necessary to ensure compliance.

(Added to NRS by 1999, 3386)

NRS 389.550 Administrationof criterion-referenced examinations.

1. The State Board shall, in consultation with theCouncil, prescribe examinations that comply with 20 U.S.C. 6311(b)(3) andthat measure the achievement and proficiency of pupils:

(a) For grades 3, 4, 5, 6, 7 and 8 in the standards ofcontent established by the Council for the subjects of English and mathematics.

(b) For grades 5 and 8, in the standards of contentestablished by the Council for the subject of science.

Theexaminations 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 pursuantto subsection 1, the State Board shall, in consultation with the Council,prescribe a writing examination for grades 5 and 8 and for the high schoolproficiency examination.

3. The board of trustees of each school district andthe governing body of each charter school shall administer the examinationsprescribed by the State Board. The examinations must be:

(a) Administered to pupils in each school district andeach charter school at the same time during the spring semester, as prescribedby the State Board.

(b) Administered in each school in accordance withuniform procedures adopted by the State Board. The Department shall monitor theschool districts and individual schools to ensure compliance with the uniformprocedures.

(c) Administered in each school in accordance with theplan adopted pursuant to NRS 389.616 bythe Department and with the plan adopted pursuant to NRS 389.620 by the board of trustees of theschool district in which the examinations are administered. The Departmentshall 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 ofthe applicable school district, to the extent that the plan adopted by theboard of trustees of the school district is consistent with the plan adopted bythe Department.

(Added to NRS by 1999, 3386; A 2001, 1208; 2003, 19th SpecialSession, 63, 64;2005, 1178)

NRS 389.560 Reportingof results of examinations; reconciliation of number of pupils takingexaminations.

1. The State Board shall adopt regulations thatrequire the board of trustees of each school district and the governing body ofeach charter school to submit to the Superintendent of Public Instruction, theDepartment and the Council, in the form and manner prescribed by theSuperintendent, the results of the examinations administered pursuant to NRS 389.550. The State Board shall notinclude in the regulations any provision that would violate the confidentialityof the test scores of an individual pupil.

2. The results of the examinations must be reportedfor each school, including, without limitation, each charter school, schooldistrict and this state, as follows:

(a) The percentage of pupils who have demonstratedproficiency, as defined by the Department, and took the examinations underregular testing conditions; and

(b) The percentage of pupils who have demonstratedproficiency, as defined by the Department, and took the examinations withmodifications or accommodations, if such reporting does not violate theconfidentiality of the test scores of any individual pupil.

3. Not later than 10 days after the Departmentreceives the results of the examinations, the Department shall transmit a copyof the results to the Legislative Bureau of Educational Accountability andProgram Evaluation in a manner that does not violate the confidentiality of thetest scores of any individual pupil.

4. On or before July 1 of each year, each schooldistrict and each charter school shall report to the Department the followinginformation for each examination administered in the public schools in theschool district or charter school:

(a) The examination administered;

(b) The grade level or levels of pupils to whom theexamination was administered;

(c) The costs incurred by the school district orcharter school in administering each examination; and

(d) The purpose, if any, for which the results of theexamination are used by the school district or charter school.

On or beforeSeptember 1 of each year, the Department shall transmit to the Budget Divisionof the Department of Administration and the Fiscal Analysis Division of theLegislative Counsel Bureau the information submitted to the Department pursuantto this subsection.

5. The superintendent of schools of each schooldistrict and the governing body of each charter school shall certify that thenumber of pupils who took the examinations is equal to the number of pupils whoare enrolled in each school in the school district or in the charter school whoare required to take the examinations.

6. In addition to the information required bysubsection 4, the Superintendent of Public Instruction shall:

(a) Report the number of pupils who were not exemptfrom taking the examinations but were absent from school on the day that theexaminations were administered; and

(b) Reconcile the number of pupils who were required totake the examinations with the number of pupils who were exempt from taking theexaminations or absent from school on the day that the examinations wereadministered.

(Added to NRS by 1999, 3386; A 2001, 242, 1491, 3160; 2003, 1144; 2003, 19th SpecialSession, 65)

NRS 389.570 Councilrequired to review and evaluate results of examinations; report of evaluation.

1. The Council shall review the results of pupils onthe examinations administered pursuant to NRS389.550, including, without limitation, for each school in a schooldistrict and each charter school that is located within a school district, a reviewof the results for the current school year and a comparison of the progress, ifany, made by the pupils enrolled in the school from preceding school years.

2. After the completion of the review pursuant tosubsection 1, the Council shall evaluate:

(a) Whether the standards of content and performanceestablished by the Council require revision; and

(b) The success of pupils, as measured by the resultsof the examinations, in achieving the standards of performance established bythe Council.

3. The Council shall report the results of theevaluation conducted pursuant to subsection 2 to the State Board and theLegislative Committee on Education.

(Added to NRS by 1999, 3388)

ADMINISTRATION AND SECURITY OF EXAMINATIONS

NRS 389.600 Definitions. As used in NRS 389.600to 389.648, inclusive, unless thecontext otherwise requires, the words and terms defined in NRS 389.604, 389.608 and 389.612 have the meanings ascribed to themin those sections.

(Added to NRS by 2001, 1197)

NRS 389.604 Irregularityin testing administration defined. Irregularityin testing administration means the failure to administer an examination to pupilspursuant to NRS 389.015 or 389.550 in the manner intended by theperson or entity that created the examination.

(Added to NRS by 2001, 1197)

NRS 389.608 Irregularityin testing security defined. Irregularity intesting security means an act or omission that tends to corrupt or impair thesecurity of an examination administered to pupils pursuant to NRS 389.015 or 389.550, including, without limitation:

1. The failure to comply with security proceduresadopted pursuant to NRS 389.616 or 389.620;

2. The disclosure of questions or answers to questionson an examination in a manner not otherwise approved by law; and

3. Other breaches in the security or confidentialityof the questions or answers to questions on an examination.

(Added to NRS by 2001, 1197)

NRS 389.612 Schoolofficial defined. School official means:

1. A member of a board of trustees of a schooldistrict;

2. A member of a governing body of a charter school;or

3. A licensed or unlicensed person employed by theboard of trustees of a school district or the governing body of a charterschool.

(Added to NRS by 2001, 1197)

NRS 389.616 Adoptionand enforcement of plan for test security by Department; contents of plan;annual submission of plan to State Board and Legislative Committee onEducation.

1. The Department shall, by regulation or otherwise,adopt and enforce a plan setting forth procedures to ensure the security ofexaminations that are administered to pupils pursuant to NRS 389.015 and 389.550.

2. A plan adopted pursuant to subsection 1 mustinclude, without limitation:

(a) Procedures pursuant to which pupils, schoolofficials and other persons may, and are encouraged to, report irregularitiesin testing administration and testing security.

(b) Procedures necessary to ensure the security of testmaterials and the consistency of testing administration.

(c) Procedures that specifically set forth the actionthat must be taken in response to a report of an irregularity in testingadministration or testing security and the actions that must be taken during aninvestigation of such an irregularity. For each action that is required, theprocedures must identify:

(1) By category, the employees of the schooldistrict, charter school or Department, or any combination thereof, who areresponsible for taking the action; and

(2) Whether the school district, charter schoolor Department, or any combination thereof, is responsible for ensuring that theaction is carried out successfully.

(d) Objective criteria that set forth the conditions underwhich a school, including, without limitation, a charter school or a schooldistrict, or both, is required to file a plan for corrective action in responseto an irregularity in testing administration or testing security for thepurposes of NRS 389.636.

3. A copy of the plan adopted pursuant to this sectionand the procedures set forth therein must be submitted on or before September 1of each year to:

(a) The State Board; and

(b) The Legislative Committee on Education, createdpursuant to NRS 218.5352.

(Added to NRS by 2001, 1197)

NRS 389.620 Adoptionand enforcement of plan for test security by board of trustees; contents ofplan; annual submission of plan to State Board and Legislative Committee onEducation; written notice concerning plan to educational personnel, pupils andparents; definitions.

1. The board of trustees of each school districtshall, for each public school in the district, including, without limitation,charter schools, adopt and enforce a plan setting forth procedures to ensurethe security of examinations.

2. A plan adopted pursuant to subsection 1 mustinclude, without limitation:

(a) Procedures pursuant to which pupils, schoolofficials and other persons may, and are encouraged to, report irregularitiesin testing administration and testing security.

(b) Procedures necessary to ensure the security of testmaterials and the consistency of testing administration.

(c) With respect to secondary schools, procedurespursuant to which the school district or charter school, as appropriate, willverify the identity of pupils taking an examination.

(d) Procedures that specifically set forth the actionthat must be taken in response to a report of an irregularity in testingadministration or testing security and the action that must be taken during aninvestigation of such an irregularity. For each action that is required, theprocedures must identify, by category, the employees of the school district orcharter school who are responsible for taking the action and for ensuring thatthe action is carried out successfully.

Theprocedures adopted pursuant to this subsection must be consistent, to the extentapplicable, with the procedures adopted by the Department pursuant to NRS 389.616.

3. A copy of each plan adopted pursuant to thissection and the procedures set forth therein must be submitted on or beforeSeptember 1 of each year to:

(a) The State Board; and

(b) The Legislative Committee on Education, createdpursuant to NRS 218.5352.

4. On or before September 30 of each school year, theboard of trustees of each school district and the governing body of eachcharter school shall provide a written notice regarding the examinations to allteachers and educational personnel employed by the school district or governingbody, all personnel employed by the school district or governing body who areinvolved in the administration of the examinations, all pupils who are requiredto 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 andmust include, without limitation, a description of the:

(a) Plan adopted pursuant to this section; and

(b) Action that may be taken against personnel andpupils for violations of the plan or for other irregularities in testingadministration or testing security.

5. As used in this section:

(a) Examination means:

(1) Achievement and proficiency examinations thatare administered to pupils pursuant to NRS389.015 or 389.550; and

(2) Any other examinations which measure theachievement and proficiency of pupils and which are administered to pupils on adistrict-wide basis.

(b) Irregularity in testing administration means thefailure to administer an examination in the manner intended by the person orentity that created the examination.

(c) Irregularity in testing security means an act oromission that tends to corrupt or impair the security of an examination,including, without limitation:

(1) The failure to comply with securityprocedures adopted pursuant to this section or NRS 389.616;

(2) The disclosure of questions or answers toquestions on an examination in a manner not otherwise approved by law; and

(3) Other breaches in the security or confidentialityof the questions or answers to questions on an examination.

(Added to NRS by 2001, 1199)

NRS 389.624 Violationof state or district plan: Duty of Department to investigate; authority ofDepartment to issue subpoenas; enforcement of subpoena by court.

1. If the Department:

(a) Has reason to believe that a violation of the planadopted pursuant to NRS 389.616 may haveoccurred;

(b) Has reason to believe that a violation of the planadopted pursuant to NRS 389.620 may haveoccurred 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) ofparagraph (b) of subsection 1 NRS 389.628to investigate a potential violation of the plan adopted pursuant to NRS 389.620 with respect to an examinationthat is administered pursuant to NRS 389.015or 389.550,

theDepartment shall investigate the matter as it deems appropriate.

2. If the Department investigates a matter pursuant tosubsection 1, the Department may issue a subpoena to compel the attendance ortestimony 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 producematerials as required by the subpoena, the Department may report to thedistrict court by petition, setting forth that:

(a) Due notice has been given of the time and place ofattendance or testimony of the witness or the production of materials;

(b) The witness has been subpoenaed by the Departmentpursuant to this section; and

(c) The witness has failed or refused to attend, testifyor produce materials before the Department as required by the subpoena, or hasrefused to answer questions propounded to him,

and askingfor an order of the court compelling the witness to attend, testify or producematerials before the Department.

4. Upon receipt of such a petition, the court shallenter an order directing the witness to appear before the court at a time andplace to be fixed by the court in its order, the time to be not more than 10days after the date of the order, and then and there show cause why he has notattended, testified or produced materials before the Department. A certifiedcopy of the order must be served upon the witness.

5. If it appears to the court that the subpoena wasregularly issued by the Department, the court shall enter an order that thewitness appear before the Department at a time and place fixed in the order andtestify or produce materials, and that upon failure to obey the order thewitness must be dealt with as for contempt of court.

(Added to NRS by 2001, 1198)

NRS 389.628 Violationof district plan: Duty of board of trustees to investigate or refer toDepartment; authority of board of trustees to issue subpoenas; enforcement ofsubpoena by court.

1. If a school official has reason to believe that aviolation of the plan adopted pursuant to NRS389.620 may have occurred, the school official shall immediately report theincident to the board of trustees of the school district. If the board of trusteesof a school district has reason to believe that a violation of the plan adoptedpursuant to NRS 389.620 may haveoccurred, the board of trustees shall:

(a) If the violation is with respect to an examinationadministered pursuant to NRS 389.015 or 389.550, immediately report the incident tothe Department orally or in writing followed by a comprehensive written reportwithin 14 school days after the incident occurred; and

(b) Cause to be commenced an investigation of theincident. The board of trustees may carry out the requirements of thisparagraph by:

(1) Investigating the incident as it deemsappropriate, including, without limitation, using the powers of subpoena setforth in this section.

(2) With respect to an examination that isadministered pursuant to NRS 389.015 or 389.550, requesting that the Departmentinvestigate the incident pursuant to NRS389.624.

The factthat a board of trustees elects initially to carry out its own investigationpursuant to subparagraph (1) of paragraph (b) does not affect the ability ofthe board of trustees to request, at any time, that the Department investigatethe incident as authorized pursuant to subparagraph (2) of paragraph (b).

2. Except as otherwise provided in this subsection, ifthe board of trustees of a school district proceeds in accordance withsubparagraph (1) of paragraph (b) of subsection 1, the board of trustees mayissue a subpoena to compel the attendance or testimony of a witness or theproduction of any relevant materials, including, without limitation, books,papers, documents, records, photographs, recordings, reports and tangibleobjects. A board of trustees shall not issue a subpoena to compel the attendanceor testimony of a witness or the production of materials unless the attendance,testimony or production sought to be compelled is related directly to aviolation or an alleged violation of the plan adopted pursuant to NRS 389.620.

3. If a witness refuses to attend, testify or producematerials as required by the subpoena, the board of trustees may report to thedistrict court by petition, setting forth that:

(a) Due notice has been given of the time and place ofattendance or testimony of the witness or the production of materials;

(b) The witness has been subpoenaed by the board oftrustees 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 thesubpoena, or has refused to answer questions propounded to him,

and askingfor an order of the court compelling the witness to attend, testify or producematerials before the board of trustees.

4. Upon receipt of such a petition, the court shallenter an order directing the witness to appear before the court at a time andplace to be fixed by the court in its order, the time to be not more than 10days after the date of the order, and then and there show cause why he has notattended, testified or produced materials before the board of trustees. Acertified copy of the order must be served upon the witness.

5. If it appears to the court that the subpoena wasregularly issued by the board of trustees, the court shall enter an order thatthe witness appear before the board of trustees at a time and place fixed inthe order and testify or produce materials, and that upon failure to obey theorder the witness must be dealt with as for contempt of court.

(Added to NRS by 2001, 1200)

NRS 389.632 Certainschools required to provide for additional administration of examinations ifconsecutive irregularities in testing administration occur; school district orcharter school required to pay costs of additional administration;determination and notice by Department.

1. If the Department determines:

(a) That at least one irregularity in testingadministration occurred at a school, including, without limitation, a charterschool, during 1 school year on the examinations administered pursuant to NRS 389.015, excluding the high schoolproficiency examination;

(b) That in the immediately succeeding school year, atleast one additional irregularity in testing administration occurred at thatschool on the examinations administered pursuant to NRS 389.015, excluding the high schoolproficiency examination; and

(c) Based upon the criteria set forth in subsection 5,that the irregularities described in paragraphs (a) and (b) warrant anadditional administration of the examinations,

theDepartment shall notify the school and the school district in which the schoolis located that the school is required to provide for an additionaladministration of the examinations to pupils who are enrolled in a grade thatis required to take the examinations pursuant to NRS 389.015, excluding the high schoolproficiency examination, or to the pupils the Department determines must takethe additional administration pursuant to subsection 6. The additionaladministration must occur in the same school year in which the irregularitydescribed in paragraph (b) occurred. Except as otherwise provided in thissubsection, the school district shall pay for all costs related to theadministration of examinations pursuant to this subsection. If a charter schoolis required to administer examinations pursuant to this subsection, the charterschool shall pay for all costs related to the administration of theexaminations to pupils enrolled in the charter school.

2. If the Department determines that:

(a) At least one irregularity in testing administrationoccurred at a school, including, without limitation, a charter school, during 1school year on the examinations administered pursuant to NRS 389.550;

(b) In the immediately succeeding school year, at leastone additional irregularity in testing administration occurred at that schoolon the examinations administered pursuant to NRS389.550; and

(c) Based upon the criteria set forth in subsection 5,the irregularities described in paragraphs (a) and (b) warrant an additionaladministration of the examinations,

theDepartment shall notify the school and the school district in which the schoolis located that the school is required to provide for an additionaladministration of the examinations to pupils who are enrolled in a grade thatis required to take the examinations pursuant to NRS 389.550 or to the pupils the Departmentdetermines must take the additional administration pursuant to subsection 6.The additional administration must occur in the same school year in which theirregularity described in paragraph (b) occurred. Except as otherwise providedin this subsection, the school district shall pay for all costs related to theadministration of examinations pursuant to this subsection. If a charter schoolis required to administer examinations pursuant to this subsection, the charterschool shall pay for all costs related to the administration of theexaminations to pupils enrolled in the charter school.

3. If the Department determines that:

(a) At least one irregularity in testing administrationoccurred at a school, including, without limitation, a charter school, during 1school year on the examinations administered pursuant to NRS 389.015, excluding the high schoolproficiency examination;

(b) In the immediately succeeding school year, at leastone additional irregularity in testing administration occurred at that schoolon the examinations administered pursuant to NRS389.550; and

(c) Based upon the criteria set forth in subsection 5,the irregularities described in paragraphs (a) and (b) warrant an additionaladministration of the examinations,

theDepartment shall notify the school and the school district in which the schoolis located that the school is required to provide for an additionaladministration of the examinations to pupils who are enrolled in a grade thatis required to take the examinations pursuant to NRS 389.550 or to the pupils the Departmentdetermines must take the additional administration pursuant to subsection 6.The additional administration must occur in the same school year in which theirregularity described in paragraph (b) occurred. Except as otherwise providedin this subsection, the school district shall pay for all costs related to theadministration of examinations pursuant to this subsection. If a charter schoolis required to administer examinations pursuant to this subsection, the charterschool shall pay for all costs related to the administration of theexaminations to pupils enrolled in the charter school.

4. If the Department determines that:

(a) At least one irregularity in testing administrationoccurred at a school, including, without limitation, a charter school, during 1school year on the examinations administered pursuant to NRS 389.550;

(b) In the immediately succeeding school year, at leastone additional irregularity in testing administration occurred at that schoolon the examinations administered pursuant to NRS389.015, 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 additionaladministration of the examinations,

theDepartment shall notify the school and the school district in which the schoolis located that the school is required to provide for an additionaladministration of the examinations to pupils who are enrolled in a grade thatis required to take the examinations pursuant to NRS 389.015, excluding the high schoolproficiency examination, or to the pupils the Department determines must takethe additional administration pursuant to subsection 6. The additionaladministration must occur in the same school year in which the irregularitydescribed in paragraph (b) occurred. Except as otherwise provided in thissubsection, the school district shall pay for all costs related to theadministration of examinations pursuant to this subsection. If a charter schoolis required to administer examinations pursuant to this subsection, the charterschool shall pay for all costs related to the administration of theexaminations to pupils enrolled in the charter school.

5. In determining whether to require a school toprovide for an additional administration of examinations pursuant to thissection, the Department shall consider:

(a) The effect of each irregularity in testingadministration, including, without limitation, whether the irregularityrequired the scores of pupils to be invalidated; and

(b) Whether sufficient time remains in the school yearto provide for an additional administration of examinations.

6. If the Department determines pursuant to subsection5 that a school must provide for an additional administration of examinations,the Department may consider whether the most recent irregularity in testingadministration affected the test scores of a limited number of pupils andrequire the school to provide an additional administration of examinationspursuant to this section only to those pupils whose test scores were affectedby the most recent irregularity.

7. The Department shall provide as many noticespursuant to this section during 1 school year as are applicable to theirregularities occurring at a school. A school shall provide for additionaladministrations of examinations pursuant to this section within 1 school yearas applicable to the irregularities occurring at the school.

(Added to NRS by 2001, 1201; A 2003, 19th SpecialSession, 66; 2005,1179, 2418)

NRS 389.636 Planfor corrective action required of school or school district in response toirregularity in testing administration or security; notice by Department;establishment by Department of procedures to document corrective action; amendmentof plan.

1. The Department shall notify the principal of aschool, including, without limitation, a charter school, or the board oftrustees of a school district, as applicable, if the school or the schooldistrict is required to file a plan for corrective action based upon theobjective criteria adopted by the Department pursuant to paragraph (d) ofsubsection 2 of NRS 389.616. Uponreceipt of such notice, the school or the school district, as applicable, shallfile a plan for corrective action with the Department within the timeprescribed by the Department. Such a plan must specify the time within whichthe corrective action will be taken. The school or the school district, as applicable,shall commence corrective action pursuant to the plan immediately after thedate on which the plan is filed.

2. The Department shall establish procedures todocument and monitor whether appropriate corrective action is being taken andwhether that action is achieving the desired result. Such documentation must bemaintained and reported in accordance with NRS389.648.

3. The Department may require a school or a schooldistrict to amend its plan for corrective action if the Department determinesthat such amendment is necessary to ensure the security of test materials andthe consistency of testing administration in the school or school district, asapplicable.

(Added to NRS by 2001, 1203)

NRS 389.640 Establishmentof statewide program for preparation of pupils to take examinations; compliancewith program required of school districts and schools; use of additionalmaterials and information.

1. The Department shall establish a statewide programfor use by schools and school districts in their preparation for theexaminations that are administered pursuant to NRS 389.015, excluding the high schoolproficiency examination. The program must:

(a) Be designed to ensure the consistency anduniformity of all materials and other information used in the preparation forthe examinations; and

(b) Be designed to ensure that the actual examinationsadministered pursuant to NRS 389.015 arenot included within the materials and other information used for preparation.

2. If a school, including, without limitation, acharter school, or a school district provides preparation for the examinationsthat are administered pursuant to NRS389.015, excluding the high school proficiency examination, the school orschool district shall comply with the program established pursuant tosubsection 1. A school district may use and provide additional materials andinformation if the materials and information comply with the program establishedby the Department. A school, including, without limitation, a charter school,shall use only those materials and information that have been approved orprovided by the Department or the school district.

(Added to NRS by 2001, 1204)

NRS 389.644 Establishmentof program of education and training regarding administration and security ofexaminations; expanded program authorized; school districts and charter schoolsrequired to ensure educational personnel receive program of education andtraining.

1. The Department shall establish a program ofeducation and training regarding the administration and security of theexaminations administered pursuant to NRS389.015 and 389.550. Upon approvalof the Department, the board of trustees of a school district or the governingbody of a charter school may establish an expanded program of education andtraining that includes additional education and training if the expandedprogram complies with the program established by the Department.

2. The board of trustees of each school district andthe governing body of each charter school shall ensure that:

(a) All the teachers and other educational personnelwho provide instruction to pupils enrolled in a grade level that is required tobe tested pursuant to NRS 389.015 or 389.550, and all other personnel who areinvolved with the administration of the examinations that are administeredpursuant to NRS 389.015 or 389.550, receive, on an annual basis, theprogram of education and training established by the Department or the expandedprogram, if applicable; and

(b) The training and education is otherwise availablefor all personnel who are not required to receive the training and educationpursuant to paragraph (a).

(Added to NRS by 2001, 1204)

NRS 389.648 Establishmentof procedures for uniform documentation and maintenance of irregularities intesting administration and security; maintenance by Department of writtensummary for each irregularity; annual report by Department required.

1. The Department shall establish procedures for theuniform documentation and maintenance by the Department of irregularities intesting administration and testing security reported to the Department pursuantto NRS 389.628 and investigations ofsuch irregularities conducted by the Department pursuant to NRS 389.624. The procedures must include,without limitation:

(a) A method for assigning a unique identificationnumber to each incident of irregularity; and

(b) A method to ensure that the status of anirregularity is readily accessible by the Department.

2. In accordance with the procedures established pursuantto subsection 1, the Department shall prepare and maintain for eachirregularity in testing administration and each irregularity in testingsecurity, a written summary accompanying the report of the irregularity. Thewritten summary must include, without limitation:

(a) An evaluation of whether the procedures prescribedby the Department pursuant to paragraph (c) of subsection 2 of NRS 389.616 were followed in response tothe irregularity;

(b) The corrective action, if any, taken in response tothe irregularity pursuant to NRS 389.636;

(c) An evaluation of whether the corrective actionachieved the desired result; and

(d) The current status and the outcome, if any, of aninvestigation related to the irregularity.

3. The Department shall prepare a written report thatincludes for each school year:

(a) A summary of each irregularity in testingadministration and testing security reported to the Department pursuant to NRS 389.628 and each investigation conductedpursuant to NRS 389.624.

(b) A summary for each school that was required toprovide 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 thatwere administered pursuant to NRS 389.632;

(3) The date on which those examinations wereadministered;

(4) A comparison of the results of pupils onthe:

(I) Examinations in which an additionalirregularity occurred in the second school year described in NRS 389.632; and

(II) Additional examinations administeredpursuant to NRS 389.632.

(c) Each written summary prepared by the Departmentpursuant to subsection 2.

(d) The current status of each irregularity that wasreported for a preceding school year which had not been resolved at the timethat the preceding report was filed.

(e) The current status and the outcome, if any, of aninvestigation conducted by the Department pursuant to NRS 389.624.

(f) An analysis of the irregularities andrecommendations, if any, to improve the security of the examinations and theconsistency of testing administration.

4. On or before September 1 of each year, theDepartment shall submit the report prepared pursuant to subsection 3 for theimmediately preceding school year to the Legislative Committee on Educationcreated pursuant to NRS 218.5352 andthe State Board.

(Added to NRS by 2001, 1204)

DIPLOMAS

NRS 389.810 Issuanceof standard high school diploma to certain veterans who left high school toserve in Armed Forces.

1. Notwithstanding any provision of this title to thecontrary, a person who:

(a) Left high school before graduating to serve in theArmed Forces of the United States during:

(1) World War II and so served at any timebetween September 16, 1940, and December 31, 1946;

(2) The Korean War and so served at any timebetween June 25, 1950, and January 31, 1955; or

(3) The Vietnam Era and so served at any timebetween January 1, 1961, and May 7, 1975;

(b) Was discharged from the Armed Forces of the UnitedStates under honorable conditions; and

(c) As a result of his service in the Armed Forces ofthe United States, did not receive a high school diploma,

shall bedeemed to have earned sufficient credits to receive a standard high schooldiploma.

2. A school district may, upon request, issue astandard high school diploma to any person who meets the requirements set forthin subsection 1. A school district may issue a standard high school diploma tosuch a person even if the person:

(a) Holds a general educational development credentialor its equivalent; or

(b) Is deceased, if the family of the veteran requeststhe issuance of the diploma.

3. The State Board and the Office of VeteransServices shall work cooperatively to establish guidelines for identifying andissuing standard high school diplomas to persons pursuant to this section.

4. A person to whom a standard high school diploma isissued pursuant to this section shall not be deemed to be a pupil for thepurposes of this title.

(Added to NRS by 2003, 444)

MISCELLANEOUS PROVISIONS

NRS 389.900 Enforcementof contractual penalties or sanctions for failure to deliver results ofexaminations on timely basis. If theDepartment enters into a contract with a person or entity to score the resultsof an examination that is administered to pupils pursuant to NRS 389.015 or 389.550 and the contract sets forth penaltiesor sanctions in the event that the person or entity fails to deliver the scoredresults to a school district or charter school on a timely basis, theDepartment shall ensure that any such penalties or sanctions are fullyenforced.

(Added to NRS by 2001, 1205)

 

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