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Nrs: Chapter 389 - Examinations, Courses, Standards And Graduation


Published: 2015

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CHAPTER 389 - EXAMINATIONS, COURSES,

STANDARDS AND GRADUATION

GENERAL PROVISIONS

NRS 389.004           Maintenance

of Internet website by school districts containing information on available

examinations and assessments.

DISTRICT-WIDE EXAMINATIONS; PUPILS WHO ARE LIMITED ENGLISH

PROFICIENT AND PUPILS WITH DISABILITIES; NATIONAL EXAMINATIONS

NRS 389.006           Limitation

on administration; periodic review.

NRS 389.011           Administration

of examinations to pupils who are limited English proficient; State Board

required to prescribe modifications and accommodations; administration in

language other than English required under certain circumstances; assessment of

proficiency in English language.

NRS 389.0115         Administration

of examinations to pupils with disabilities; modifications and accommodations

required for certain pupils; State Board required to prescribe alternate

examination.

NRS 389.012           Examinations

of National Assessment of Educational Progress; regulations requiring selected

schools to participate; report of results; report of discrepancies.

HIGH SCHOOL PROFICIENCY EXAMINATIONS

NRS 389.015           Administration

and scoring; transmission of results; effect of failure to pass; certain

exceptions for child transferred due to military transfer of parent;

confidentiality of examinations. [Repealed.]

NRS 389.016           Postponement

of administration of examination in mathematics and science for pupil enrolled

in grade 10; revision of pupil’s academic plan; annual report by school

district. [Repealed.]

NRS 389.017           Reporting

of results of examinations; reconciliation of number of pupils taking

examinations. [Repealed.]

NRS 389.0173         Development

of informational pamphlet concerning examination by Department; duties of

school districts and charter schools to post pamphlet and distribute to pupils

and parents. [Replaced in revision by NRS 389.809.]

NRS 389.0175         Establishment

of statewide program for preparation of pupils to take examination; compliance

with program required of school districts and certain schools; use of

additional materials and information. [Repealed.]

ACADEMIC SUBJECTS, INSTRUCTION AND COURSES OF STUDY

NRS 389.018           Designation

of core academic subjects; minimum units of credit required in high school;

exception; additional subjects to be taught.

NRS 389.0185         Establishment

of courses of study; provisions governing cardiopulmonary resuscitation and

automated external defibrillator for health course in middle school, junior

high school and high school.

NRS 389.0187         Development

of model curriculum for English language arts and mathematics; distribution;

authorized use by teachers and regional training programs for professional

development.

NRS 389.019           Enforcement

of standards and courses of study by trustees.

NRS 389.0195         Uniform

grading scale for high schools.

NRS 389.020           Instruction

in American government required; exception.

NRS 389.030           Instruction

in American history required; exception.

NRS 389.035           Satisfactory

completion of courses in American government and American history required for

graduation; exception for certain pupils.

NRS 389.040           Patriotic

observance.

NRS 389.045           Course

of study designed to assist pupils with passing high school proficiency

examination; board of trustees authorized to offer course as elective.

[Repealed.]

NRS 389.065           Instruction

on acquired immune deficiency syndrome, human reproductive system, related

communicable diseases and sexual responsibility.

NRS 389.074           Instruction

on financial literacy.

NRS 389.090           Automobile

drivers’ education: Regulations by State Board; purposes; liability insurance

required; content of courses; restrictions on age of pupils.

NRS 389.100           Automobile

drivers’ education: Legislative findings; authorization for school districts and

charter schools to charge fee.

NRS 389.150           Programs

and curricula for American Indians.

NRS 389.155           Program

of independent study for certain pupils; regulations; requirements.

NRS 389.160           Credit

toward graduation from high school for courses taken at community college or

university.

NRS 389.165           Credit

toward graduation from high school for certain community service projects.

NRS 389.167           Credit

toward graduation from high school for completion of public or private

internship; duties of school district or charter school.

NRS 389.171           Credit

granted for performance on examination in lieu of course attendance.

NRS 389.180           Occupational

guidance and counseling.

ACADEMIC STANDARDS; CRITERION-REFERENCED EXAMINATIONS

NRS 389.500           “Council”

defined.

NRS 389.505           Superintendent

of Public Instruction required to ensure Council carries out duties

successfully.

NRS 389.510           Council

to Establish Academic Standards: Creation; membership; terms; compensation.

NRS 389.520           Council

to Establish Academic Standards: Establishment of standards; periodic review of

standards; adoption of standards by State Board; establishment of policy for

ethical, safe and secure use of computers.

NRS 389.530           Council

to Establish Academic Standards: Duty of Department to provide support;

assistance from other state agencies.

NRS 389.540           Review

of courses of study to determine compliance with standards.

NRS 389.550           Administration

of criterion-referenced examinations.

NRS 389.560           Reporting

of results of examinations; reconciliation of number of pupils taking

examinations. [Repealed.]

NRS 389.570           Council

required to review and evaluate results of examinations; report of evaluation.

ADMINISTRATION AND SECURITY OF EXAMINATIONS

NRS 389.600           Definitions.

NRS 389.604           “Irregularity

in testing administration” defined.

NRS 389.608           “Irregularity

in testing security” defined.

NRS 389.612           “School

official” defined.

NRS 389.616           Adoption

and enforcement of plan for test security by Department; contents of plan;

annual submission of plan to State Board and Legislative Committee on

Education.

NRS 389.620           Adoption

and enforcement of plan for test security by board of trustees; contents of

plan; annual submission of plan to State Board and Legislative Committee on

Education; written notice concerning plan to educational personnel, pupils and

parents; definitions.

NRS 389.624           Violation

of state or district plan: Duty of Department to investigate; authority of

Department to issue subpoenas; enforcement of subpoena by court.

NRS 389.628           Violation

of district plan: Duty of board of trustees to investigate or refer to

Department; authority of board of trustees to issue subpoenas; enforcement of

subpoena by court.

NRS 389.632           Certain

schools required to provide for additional administration of examinations if

consecutive irregularities in testing administration occur; school district or

charter school required to pay costs of additional administration;

determination and notice by Department.

NRS 389.636           Plan

for corrective action required of school or school district in response to

irregularity in testing administration or security; notice by Department;

establishment by Department of procedures to document corrective action;

amendment of plan.

NRS 389.644           Establishment

of program of education and training regarding administration and security of

examinations and assessments; expanded program authorized; school districts and

charter schools required to ensure educational personnel receive program of

education and training.

NRS 389.648           Establishment

of procedures for uniform documentation and maintenance of irregularities in

testing administration and security; maintenance by Department of written

summary for each irregularity; annual report by Department required.

GRADUATION AND DIPLOMAS

NRS 389.805           State

Board required to prescribe criteria for standard high school diploma;

end-of-course examinations and college and career readiness assessment;

exception for certain pupils with disabilities; prohibition to issue

certificate of attendance.

NRS 389.807           State

Board required to select college and career readiness assessment for grade 11;

requirement of pupil to take assessment; results not used for receipt of

diploma; use of results to provide data and information for pupil.

NRS 389.809           Department

required to develop informational pamphlet concerning end-of-course

examinations and college and career readiness assessment; duties of school

districts and charter schools to post pamphlet and distribute to pupils and

parents.

NRS 389.810           Issuance

of standard high school diploma to certain veterans who left high school to

serve in Armed Forces.

MISCELLANEOUS PROVISIONS

NRS 389.900           Enforcement

of contractual penalties or sanctions for failure to deliver results of

examinations on timely basis.

_________

NOTE:                    Section 10.5 of chapter 463, Statutes

of Nevada 2009, at p. 2616, has been codified as NRS 392C.070.

_________

GENERAL PROVISIONS

      NRS 389.004  Maintenance of Internet website by school districts containing

information on available examinations and assessments.  The

board of trustees of each school district shall maintain on its Internet

website, and shall post in a timely manner, all pertinent information

concerning the examinations and assessments available to children who reside in

the school district, including, without limitation, the dates and times of, and

contact information concerning, such examinations and assessments. The

examinations and assessments posted must include, without limitation:

      1.  The college and career readiness assessment

administered pursuant to NRS 389.807.

      2.  The examinations required pursuant to NRS 389.805.

      3.  All other college entrance examinations

offered in this State, including, without limitation, the Scholastic Aptitude

Test, the American College Test, the Preliminary Scholastic Aptitude Test and

the National Merit Scholarship Qualifying Test.

      (Added to NRS by 2007, 3032; A 2013, 3269)

DISTRICT-WIDE EXAMINATIONS; PUPILS WHO ARE LIMITED ENGLISH

PROFICIENT AND PUPILS WITH DISABILITIES; NATIONAL EXAMINATIONS

      NRS 389.006  Limitation on administration; periodic review.

      1.  In addition to any other test, examination

or assessment required by state or federal law, the board of trustees of each

school district may require the administration of district-wide tests,

examinations and assessments that the board of trustees determines are vital to

measure the achievement and progress of pupils. In making this determination,

the board of trustees shall consider any applicable findings and

recommendations of the Legislative Committee on Education.

      2.  The tests, examinations and assessments

required pursuant to subsection 1 must be limited to those which can be

demonstrated to provide a direct benefit to pupils or which are used by

teachers to improve instruction and the achievement of pupils.

      3.  The board of trustees of each school

district and the State Board shall periodically review the tests, examinations

and assessments administered to pupils to ensure that the time taken from

instruction to conduct a test, examination or assessment is warranted because

it is still accomplishing its original purpose.

      (Added to NRS by 2007, 773; R

temp. 2009,

2341; A 2011,

806; 2013,

3269)

      NRS 389.011  Administration of examinations to pupils who are limited English

proficient; State Board required to prescribe modifications and accommodations;

administration in language other than English required under certain

circumstances; assessment of proficiency in English language.

      1.  The board of trustees of each school

district and the governing body of each charter school shall ensure that each

pupil who is limited English proficient and is enrolled in the school district

or charter school, as applicable, participates in the achievement and

proficiency examinations administered pursuant to this chapter. The State Board

shall prescribe reasonable modifications and accommodations that must be used

in the administration of an examination to a pupil who is limited English

proficient and who is unable to take an examination under regular testing

conditions. The results of each pupil who is limited English proficient and who

takes an examination with modifications and accommodations must be reported and

included within the determination of whether the school has met the annual

measurable objectives and performance targets established pursuant to the

statewide system of accountability for public schools.

      2.  The board of trustees of a school

district and the governing body of a charter school shall administer to a pupil

who is limited English proficient:

      (a) To the extent practicable, examinations in

mathematics and science required by subsection 1 in the language most likely to

yield accurate and reliable information on what the pupil knows.

      (b) To the extent practicable, examinations in

reading required by subsection 1 in the language most likely to yield accurate

and reliable information on what the pupil knows if the pupil has attended

public schools in the United States for less than 3 consecutive years.

      (c) If the pupil has attended public schools in

the United States for 3 consecutive years but less than 5 consecutive years:

             (1) Examinations in reading required by

subsection 1 in the English language; or

             (2) Examinations in reading required by

subsection 1 in the language most likely to yield accurate and reliable

information on what the pupil knows if the board of trustees or the governing

body, as applicable, determines that the pupil has not reached a level of

English proficiency sufficient to yield valid and reliable information on what

the pupil knows. The board of trustees or the governing body of a charter

school, as applicable, may grant exceptions for a particular pupil pursuant to

this subparagraph, on a case-by-case basis, for a period not longer than 2

consecutive years.

      (d) If the pupil has attended public schools in

the United States for 5 consecutive years or more, examinations in reading

required by subsection 1 in the English language.

      3.  The State Board shall prescribe an

assessment of proficiency in the English language for pupils who are limited

English proficient to measure oral language skills, comprehension skills,

reading skills and writing skills. The board of trustees of each school

district and the governing body of each charter school shall administer the assessment

annually at the time prescribed by the State Board. A pupil who takes the

assessment prescribed pursuant to this subsection is not exempt from the

achievement and proficiency examinations administered pursuant to this chapter.

      (Added to NRS by 2003, 19th

Special Session, 53; A 2013, 1930)

      NRS 389.0115  Administration of examinations to pupils with disabilities;

modifications and accommodations required for certain pupils; State Board

required to prescribe alternate examination.

      1.  If a pupil with a disability is unable

to take an examination administered pursuant to NRS

389.550 or 389.805 under regular testing

conditions, the pupil may take the examination with modifications and

accommodations that the pupil’s individualized education program team

determines, in consultation with the Department and in accordance with the

Individuals with Disabilities Education Act, 20 U.S.C. §§ 1400 et seq., and the

No Child Left Behind Act of 2001, 20 U.S.C. §§ 6301 et seq., are necessary to

measure the progress of the pupil. If modifications or accommodations are made

in the administration of an examination for a pupil with a disability, the

modifications or accommodations must be set forth in the pupil’s individualized

education program. The results of each pupil with a disability who takes an

examination with modifications or accommodations must be reported and must be

included in the determination of whether the school has met the annual

measurable objectives and performance targets established pursuant to the

statewide system of accountability for public schools.

      2.  The State Board shall prescribe an

alternate examination for administration to a pupil with a disability if the

pupil’s individualized education program team determines, in consultation with

the Department, that the pupil cannot participate in all or a portion of an

examination administered pursuant to NRS 389.550 or

389.805 even with modifications and accommodations.

      3.  The State Board shall prescribe, in

accordance with the Individuals with Disabilities Education Act, 20 U.S.C. §§

1400 et seq., and the No Child Left Behind Act of 2001, 20 U.S.C. §§ 6301 et

seq., the modifications and accommodations that must be used in the

administration of an examination to a pupil with a disability who is unable to

take the examination under regular testing conditions.

      4.  As used in this section:

      (a) “Individualized education program” has the

meaning ascribed to it in 20 U.S.C. § 1414(d)(1)(A).

      (b) “Individualized education program team” has

the meaning ascribed to it in 20 U.S.C. § 1414(d)(1)(B).

      (Added to NRS by 2003, 19th

Special Session, 54; A 2013, 1931,

3269)

      NRS 389.012  Examinations of National Assessment of Educational Progress;

regulations requiring selected schools to participate; report of results;

report of discrepancies.

      1.  The State Board shall:

      (a) In accordance with guidelines established by

the National Assessment Governing Board and National Center for Education

Statistics and in accordance with 20 U.S.C. §§ 6301 et seq. and the regulations

adopted pursuant thereto, adopt regulations requiring the schools of this State

that are selected by the National Assessment Governing Board or the National

Center for Education Statistics to participate in the examinations of the

National Assessment of Educational Progress.

      (b) Report the results of those examinations to

the:

             (1) Governor;

             (2) Board of trustees of each school

district of this State;

             (3) Legislative Committee on Education

created pursuant to NRS 218E.605; and

             (4) Legislative Bureau of Educational

Accountability and Program Evaluation created pursuant to NRS 218E.625.

      (c) Include in the report required pursuant to

paragraph (b) an analysis and comparison of the results of pupils in this State

on the examinations required by this section with:

             (1) The results of pupils throughout this

country who participated in the examinations of the National Assessment of

Educational Progress; and

             (2) The results of pupils on the

achievement and proficiency examinations administered pursuant to this chapter.

      2.  If the report required by subsection 1

indicates that the percentage of pupils enrolled in the public schools in this

State who are proficient on the National Assessment of Educational Progress

differs by more than 10 percent of the pupils who are proficient on the

examinations administered pursuant to NRS 389.550

and the examinations administered pursuant to NRS

389.805, the Department shall prepare a written report describing the

discrepancy. The report must include, without limitation, a comparison and

evaluation of:

      (a) The standards of content and performance for

English and mathematics established pursuant to NRS

389.520 with the standards for English and mathematics that are tested on

the National Assessment.

      (b) The standards for proficiency established for

the National Assessment with the standards for proficiency established for the

examinations that are administered pursuant to NRS

389.550 and the examinations administered pursuant to NRS 389.805.

      3.  The report prepared by the Department

pursuant to subsection 2 must be submitted to the:

      (a) Governor;

      (b) Legislative Committee on Education;

      (c) Legislative Bureau of Educational

Accountability and Program Evaluation; and

      (d) Council to Establish Academic Standards for

Public Schools.

      4.  The Council to Establish Academic

Standards for Public Schools shall review and evaluate the report provided to

the Council pursuant to subsection 3 to identify any discrepancies in the

standards of content and performance established by the Council that require

revision and a timeline for carrying out the revision, if necessary. The

Council shall submit a written report of its review and evaluation to the

Legislative Committee on Education and Legislative Bureau of Educational

Accountability and Program Evaluation.

      (Added to NRS by 1997, 1772; A 2003, 19th

Special Session, 55; 2005, 1656; 2013, 3270)

HIGH SCHOOL PROFICIENCY EXAMINATIONS

      NRS 389.015  Administration and scoring; transmission of results; effect of

failure to pass; certain exceptions for child transferred due to military

transfer of parent; confidentiality of examinations.  Repealed.

(See chapter 506, Statutes of Nevada 2013, at page 3295.)

 

      NRS 389.016  Postponement of administration of examination in mathematics and

science for pupil enrolled in grade 10; revision of pupil’s academic plan;

annual report by school district.  Repealed.

(See chapter 506, Statutes of Nevada 2013, at page 3295.)

 

      NRS 389.017  Reporting of results of examinations; reconciliation of number

of pupils taking examinations.  Repealed.

(See chapter 506, Statutes of Nevada 2013, at page 3295.)

 

      NRS 389.0173  Development of informational pamphlet concerning examination by

Department; duties of school districts and charter schools to post pamphlet and

distribute to pupils and parents.  [Replaced

in revision by NRS 389.809.]

 

      NRS 389.0175  Establishment of statewide program for preparation of pupils to

take examination; compliance with program required of school districts and

certain schools; use of additional materials and information.  Repealed. (See chapter 506, Statutes of Nevada

2013, at page 3295.)

 

ACADEMIC SUBJECTS, INSTRUCTION AND COURSES OF STUDY

      NRS 389.018  Designation of core academic subjects; minimum units of credit

required in high school; exception; additional subjects to be taught.

      1.  The following subjects are designated

as the core academic subjects that must be taught, as applicable for grade

levels, in all public schools, the Caliente Youth Center, the Nevada Youth

Training Center and any other state facility for the detention of children that

is operated pursuant to title 5 of NRS:

      (a) English, including reading, composition and

writing;

      (b) Mathematics;

      (c) Science; and

      (d) Social studies, which includes only the

subjects of history, geography, economics and government.

      2.  Except as otherwise provided in this

subsection, a pupil enrolled in a public high school must enroll in a minimum

of:

      (a) Four units of credit in English;

      (b) Four units of credit in mathematics,

including, without limitation, Algebra I and geometry, or an equivalent course

of study that integrates Algebra I and geometry;

      (c) Three units of credit in science, including

two laboratory courses; and

      (d) Three units of credit in social studies,

including, without limitation:

             (1) American government;

             (2) American history; and

             (3) World history or geography.

Ê A pupil is

not required to enroll in the courses of study and credits required by this

subsection if the pupil, the parent or legal guardian of the pupil and an

administrator or a counselor at the school in which the pupil is enrolled

mutually agree to a modified course of study for the pupil and that modified

course of study satisfies at least the requirements for a standard high school

diploma or an adjusted diploma, as applicable.

      3.  Except as otherwise provided in this

subsection, in addition to the core academic subjects, the following subjects

must be taught as applicable for grade levels and to the extent practicable in

all public schools, the Caliente Youth Center, the Nevada Youth Training Center

and any other state facility for the detention of children that is operated

pursuant to title 5 of NRS:

      (a) The arts;

      (b) Computer education and technology;

      (c) Health; and

      (d) Physical education.

Ê If the State

Board requires the completion of course work in a subject area set forth in

this subsection for graduation from high school or promotion to the next grade,

a public school shall offer the required course work. Except as otherwise

provided for a course of study in health prescribed by subsection 1 of NRS 389.0185, unless a subject is required for

graduation from high school or promotion to the next grade, a charter school is

not required to comply with this subsection.

      (Added to NRS by 1999, 3257; A 2003, 1143; 2007, 1962; 2013, 2261)

      NRS 389.0185  Establishment of courses of study; provisions governing

cardiopulmonary resuscitation and automated external defibrillator for health

course in middle school, junior high school and high school.

      1.  The State Board shall adopt regulations

establishing courses of study and the grade levels for which the courses of

study apply for:

      (a) The academic subjects set forth in NRS 389.018. A course of study in health prescribed

pursuant to paragraph (c) of subsection 3 of NRS

389.018 must, to the extent money is available for this purpose, for pupils

enrolled in middle school, junior high school or high school, including,

without limitation, pupils enrolled in those grade levels at a charter school,

include instruction in:

             (1) The administration of hands-only or

compression-only cardiopulmonary resuscitation, including a psychomotor

skill-based component, according to the guidelines of the American Red Cross or

American Heart Association; and

             (2) The use of an automated external

defibrillator.

      (b) Citizenship and physical training for pupils

enrolled in high school.

      (c) Physiology, hygiene and, except as otherwise

prescribed by paragraph (a), cardiopulmonary resuscitation.

      (d) The prevention of suicide.

      (e) Instruction relating to child abuse.

      (f) The economics of the American system of free

enterprise.

      (g) American Sign Language.

      (h) Environmental education.

      (i) Adult roles and responsibilities.

Ê A course of

study established for paragraph (a) may include one or more of the subjects

listed in paragraphs (b) to (i), inclusive.

      2.  If a course of study in health in

middle school, junior high school or high school includes instruction in

cardiopulmonary resuscitation and the use of an automated external defibrillator:

      (a) A teacher who provides the instruction is not

required to hold certification in the administration of cardiopulmonary

resuscitation unless required by the board of trustees of the school district

pursuant to NRS 391.092 or by the

governing body of the charter school.

      (b) The board of trustees of the school district

or the governing body of the charter school may collaborate with entities to

assist in the provision of the instruction and the provision of equipment

necessary for the instruction, including, without limitation, fire departments,

hospitals, colleges and universities and public health agencies.

      (c) A pupil who is enrolled in a course of study

in health through a program of distance education or a pupil with a disability

who cannot perform the tasks included in the instruction is not required to

complete the instruction to pass the course of study in health.

      (Added to NRS by 1999, 3258; A 2013, 2262)

      NRS 389.0187  Development of model curriculum for English language arts and

mathematics; distribution; authorized use by teachers and regional training

programs for professional development.

      1.  The State Board shall develop a model

curriculum for the subject areas of English language arts and mathematics for

each grade level in kindergarten and grades 1 to 12, inclusive.

      2.  The Department shall provide each model

curriculum developed pursuant to subsection 1 to:

      (a) The board of trustees of each school

district; and

      (b) The governing body of each regional training

program for the professional development of teachers and administrators.

      3.  The Department shall provide to the

governing body of each charter school the model curriculum developed pursuant

to subsection 1 for the grade levels taught at the charter school.

      4.  The board of trustees of each school

district shall make available to each public school within the school district

the model curriculum for the grade levels taught at the public school.

      5.  The model curriculum may be used as a

guide by teachers and administrators in developing class lesson plans to ensure

compliance with the academic standards adopted for English language arts and

mathematics.

      6.  The governing body of each regional

training program for the professional development of teachers and

administrators may use the model curriculum in the provision of training to

teachers and administrators to ensure compliance with the academic standards

adopted for English language arts and mathematics.

      (Added to NRS by 2011, 477)

      NRS 389.019  Enforcement of standards and courses of study by trustees.  Except as otherwise provided in NRS 389.180, boards of trustees of school districts in

this State shall enforce in schools:

      1.  The standards of content and

performance established by the Council to Establish Academic Standards for

Public Schools and the courses of study related to those standards; and

      2.  The courses of study prescribed and

adopted by the State Board.

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

      NRS 389.0195  Uniform grading scale for high schools.

      1.  The State Board shall adopt regulations

that prescribe a uniform grading scale for all public high schools, including,

without limitation, a uniform grading scale for advanced placement courses and

honors courses.

      2.  The board of trustees of each school

district and the governing body of each charter school that operates as a high

school shall comply with the uniform grading scale.

      (Added to NRS by 2007, 2179)

      NRS 389.020  Instruction in 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 detention of children that is operated pursuant to title 5 of NRS,

instruction must be given in American government, including, without

limitation, instruction on:

      (a) The essentials of:

             (1) The Constitution of the United States,

including, without limitation, the Bill of Rights;

             (2) The Constitution of the State of

Nevada; and

             (3) The Declaration of Independence;

      (b) The origin and history of the Constitutions;

      (c) The study of and devotion to American

institutions and ideals; and

      (d) Civics.

      2.  Except as otherwise provided in NRS 392A.100, the instruction required

in subsection 1 must be given during at least 1 year of the elementary school

grades and for a period of at least 1 year in all high schools.

      [292:32:1956]—(NRS A 1961, 383, 628; 1973, 1547; 1979, 1598; 1989, 1960; 2001, 1491; 2003, 1144; 2005, 2429; 2013, 287)

      NRS 389.030  Instruction in American history required; exception.  Except as otherwise provided in NRS 392A.100, American history,

including, without limitation, the history of the:

      1.  Constitution of the United States,

including, without limitation, the Bill of Rights;

      2.  State of Nevada, including, without

limitation, the Constitution of the State of Nevada; and

      3.  Declaration of Independence,

Ê must be

taught in all of the public schools in the State of Nevada for a period of at

least 1 year.

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

      NRS 389.035  Satisfactory completion of courses in American government and

American history required for graduation; exception for certain pupils.

      1.  Except as otherwise provided in

subsections 2 and 3, no pupil in any public high school, the Caliente Youth

Center, the Nevada Youth Training Center or any other state facility for the

detention of children that is operated pursuant to title 5 of NRS may receive a

certificate or diploma of graduation without having passed a course in American

government and American history as required by NRS

389.020 and 389.030.

      2.  A pupil who is enrolled in a university

school for profoundly gifted pupils who meets the requirements of NRS 392A.100 is exempt from the

provisions of subsection 1.

      3.  A pupil who transfers during grade 12

to a school in this State from a school outside this State because of the

military transfer of the parent or legal guardian of the pupil may receive a

waiver from the requirements of subsection 1 if, in accordance with the

provisions of NRS 392C.010, the

pupil:

      (a) Successfully completed a comparable course in

the school in which the pupil was previously enrolled; or

      (b) Successfully completes an alternative means

prescribed by the school district for acquiring the required course work.

      (Added to NRS by 1973, 1547; A 1979, 1598; 1989, 1960; 2003, 1144; 2005, 2429; 2009, 2619)

      NRS 389.040  Patriotic observance.  Each

public school shall set aside appropriate time at the beginning of each school

day for pupils to pledge their allegiance to the flag of the United States. In

addition, each public school may set aside appropriate time during the school

day for additional patriotic observance.

      [294:32:1956]—(NRS A 1999, 125)

      NRS 389.045  Course of study designed to assist pupils with passing high

school proficiency examination; board of trustees authorized to offer course as

elective.  Repealed. (See chapter

506, Statutes of Nevada 2013, at page 3295.)

 

      NRS 389.065  Instruction on acquired immune deficiency syndrome, human

reproductive system, related communicable diseases and sexual responsibility.

      1.  The board of trustees of a school

district shall establish a course or unit of a course of:

      (a) Factual instruction concerning acquired

immune deficiency syndrome; and

      (b) Instruction on the human reproductive system,

related communicable diseases and sexual responsibility.

      2.  Each board of trustees shall appoint an

advisory committee consisting of:

      (a) Five parents of children who attend schools

in the district; and

      (b) Four representatives, one from each of four

of the following professions or occupations:

             (1) Medicine or nursing;

             (2) Counseling;

             (3) Religion;

             (4) Pupils who attend schools in the

district; or

             (5) Teaching.

Ê This

committee shall advise the district concerning the content of and materials to

be used in a course of instruction established pursuant to this section, and

the recommended ages of the pupils to whom the course is offered. The final

decision on these matters must be that of the board of trustees.

      3.  The subjects of the courses may be

taught only by a teacher or school nurse whose qualifications have been

previously approved by the board of trustees.

      4.  The parent or guardian of each pupil to

whom a course is offered must first be furnished written notice that the course

will be offered. The notice must be given in the usual manner used by the local

district to transmit written material to parents, and must contain a form for

the signature of the parent or guardian of the pupil consenting to the pupil’s

attendance. Upon receipt of the written consent of the parent or guardian, the

pupil may attend the course. If the written consent of the parent or guardian

is not received, the pupil must be excused from such attendance without any

penalty as to credits or academic standing. Any course offered pursuant to this

section is not a requirement for graduation.

      5.  All instructional materials to be used

in a course must be available for inspection by parents or guardians of pupils

at reasonable times and locations before the course is taught, and appropriate

written notice of the availability of the material must be furnished to all

parents and guardians.

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

      NRS 389.074  Instruction on financial literacy.

      1.  The board of trustees of each school

district and the governing body of each charter school that operates as a high

school shall ensure that instruction on financial literacy is provided to

pupils enrolled in each public high school within the school district or in the

charter school, as applicable. The instruction must include, without

limitation:

      (a) The skills necessary to develop financial

responsibility, including, without limitation:

             (1) Making reasonable financial decisions

by analyzing the alternatives and consequences of those financial decisions;

             (2) Locating and evaluating financial

information from various sources;

             (3) Developing communication strategies to

discuss financial issues;

             (4) Controlling personal information; and

             (5) Reviewing and summarizing federal and

state consumer protection laws.

      (b) The skills necessary to manage finances,

including, without limitation:

             (1) Developing a plan for spending and

saving;

             (2) Developing a system for keeping and

using financial records; and

             (3) Developing a personal financial plan.

      (c) The skills necessary to understand the use of

credit and the incurrence of debt, including, without limitation:

             (1) Identifying the costs and benefits of

various types of credit;

             (2) Explaining the purpose of a credit

report, including, without limitation, the manner in which a credit report is

used by lenders;

             (3) Describing the rights of a borrower

regarding his or her credit report;

             (4) Identifying methods to avoid and

resolve debt problems; and

             (5) Reviewing and summarizing federal and

state consumer credit protection laws.

      (d) The skills necessary to understand the basic

principles of saving and investing, including, without limitation:

             (1) Understanding how saving and investing

contribute to financial well-being;

             (2) Understanding the methods of investing

and alternatives to investing;

             (3) Understanding how to buy and sell

investments; and

             (4) Understanding how the regulation of financial

institutions protects investors.

      2.  The instruction required by subsection

1 may be included within a course or program of instruction that pupils

enrolled in high school are otherwise required to complete for graduation.

      (Added to NRS by 2009, 1120)

      NRS 389.090  Automobile drivers’ education: Regulations by State Board;

purposes; liability insurance required; content of courses; restrictions on age

of pupils.

      1.  The State Board shall adopt regulations

governing the establishment, conduct and scope of automobile drivers’ education

in the public schools of this State. The regulations must set forth, without

limitation:

      (a) The number of hours of training that must be

completed by a pupil who enrolls in a course in automobile drivers’ education;

      (b) That a course in automobile drivers’

education:

             (1) Must include a component of training

conducted in a classroom; and

             (2) May, in addition to the component of

training conducted in a classroom, include a component of training conducted in

a motor vehicle; and

      (c) That if a course in automobile drivers’

education includes components of training conducted both in a classroom and in

a motor vehicle:

             (1) One hour of training in a motor

vehicle is equivalent to 3 hours of training in a classroom; and

             (2) Not more than one-half of the required

number of hours of training described in paragraph (a) may be training in a

motor vehicle.

      2.  The aims and purposes of automobile

drivers’ education are to develop the knowledge, attitudes, habits and skills

necessary for the safe operation of motor vehicles.

      3.  The board of trustees of a school

district may establish and maintain courses in automobile drivers’ education

during regular semesters and summer sessions and during the regular school day

and at times other than during the regular school day for:

      (a) Pupils enrolled in the regular full-time day

high schools in the school district.

      (b) Pupils enrolled in summer classes conducted

in high schools in the school district.

Ê A board of

trustees maintaining courses in automobile drivers’ education shall insure

against any liability arising out of the use of motor vehicles in connection

with those courses. The cost of the insurance must be paid from available money

of the school district.

      4.  A governing body of a charter school

may establish and maintain courses in automobile drivers’ education if the

governing body insures against any liability arising out of the use of motor

vehicles in connection with those courses.

      5.  Automobile drivers’ education must be

provided by boards of trustees of school districts and governing bodies of

charter schools in accordance with the regulations of the State Board and may

not be duplicated by any other agency, department, commission or officer of the

State of Nevada.

      6.  Each course in automobile drivers’

education provided by a board of trustees of a school district or a governing

body of a charter school must include, without limitation, instruction in:

      (a) Motor vehicle insurance.

      (b) The effect of drugs and alcohol on an

operator of a motor vehicle.

      7.  Each course in automobile drivers’

education provided by a board of trustees of a school district or a governing

body of a charter school must be restricted to pupils who are at least 15 years

of age.

      [299:32:1956]—(NRS A 1965, 761; 1979, 1598; 1995, 1747; 1997, 1524, 1870; 1999, 458; 2001, 1503; 2001

Special Session, 269; 2003, 320; 2005, 2310)

      NRS 389.100  Automobile drivers’ education: Legislative findings;

authorization for school districts and charter schools to charge fee.

      1.  The Legislature finds as facts:

      (a) That the successful completion of an approved

automobile drivers’ education course by a pupil offers a direct financial

benefit to the pupil’s parents or other responsible adult through the reduction

of insurance premiums.

      (b) That the imposition of a laboratory fee as a

prerequisite to an elective course in driver education does not violate the

requirements of Article 11 of the

Constitution of the State of Nevada.

      2.  The board of trustees of any school

district and the governing body of any charter school may establish a laboratory

fee to be charged each pupil enrolling for an automobile drivers’ education

course which must not exceed the actual cost per pupil of providing the

laboratory portion of the course.

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

      NRS 389.150  Programs and curricula for American Indians.  The Superintendent of Public Instruction,

working with the American Indian tribes, shall establish programs and curricula

designed to meet the special educational needs of American Indians in this

state.

      (Added to NRS by 1979, 192)

      NRS 389.155  Program of independent study for certain pupils; regulations;

requirements.

      1.  The State Board shall, by regulation,

establish a program pursuant to which a pupil:

      (a) Enrolled full-time in public school;

      (b) Enrolled in an alternative program pursuant

to NRS 388.537;

      (c) Enrolled in a program designed to meet the

requirements for an adult standard diploma; or

      (d) Except as otherwise provided in subsection 4,

who has been suspended or expelled from a public school,

Ê may complete

any required or elective course by independent study outside of the normal

classroom setting. A program of independent study provided pursuant to this

section may be offered through a program of distance education pursuant to NRS 388.820 to 388.874, inclusive.

      2.  The regulations must:

      (a) Require that:

             (1) The teacher of the course assign to

the pupil the work assignments necessary to complete the course; and

             (2) For each course in which the pupil is

enrolled, the pupil and the teacher of the course meet or otherwise communicate

with each other at least once each week for the duration of the course to

discuss the pupil’s progress; or

      (b) Require that the program of independent study

satisfies the requirements of a plan to operate an alternative program of education

submitted by the school district and approved pursuant to NRS 388.537.

      3.  The board of trustees of a school

district may, in accordance with the regulations adopted pursuant to subsections

1 and 2, provide for independent study by the pupils described in subsection 1.

      4.  A program of independent study offered

pursuant to this section must not allow a pupil who has been suspended or

expelled from a public school to attend that public school during the period of

his or her suspension or expulsion.

      (Added to NRS by 1997, 1839; A 2001, 3159; 2005, 1539; 2007, 1996)

      NRS 389.160  Credit toward graduation from high school for courses taken at

community college or university.

      1.  A pupil enrolled in high school,

including, without limitation, a pupil enrolled in grade 9, 10, 11 or 12 in a

charter school or a pupil enrolled in a program designed to meet the

requirements of an adult standard diploma, who successfully completes a course

of education offered by a community college or university in this State which

has been approved pursuant to subsection 2, must be allowed to apply the credit

received for the course so completed to the total number of credits required

for graduation from the high school or the charter school in which the pupil is

enrolled or the credits required for receipt of an adult standard diploma, as

applicable.

      2.  With the approval of the State Board,

the board of trustees of each county school district and the governing body of

each charter school shall prescribe the courses for which credits may be

received pursuant to subsection 1, including occupational courses for academic

credit, and the amount of credit allowed for the completion of those courses.

      (Added to NRS by 1989, 1089; A 1991, 1700; 1993, 103; 1999, 3313; 2007, 1997)

      NRS 389.165  Credit toward graduation from high school for certain community

service projects.

      1.  A pupil enrolled in high school who

successfully completes a community service project which has been approved

pursuant to this section must be allowed to apply not more than one credit

received for the completion of the project toward the total number of credits

required for graduation from high school. The credit must be applied toward the

pupil’s elective course credits and not toward a course that is required for

graduation from high school. A pupil may not receive credit for the completion

of a community service project if the project duplicates a course of study in

which the pupil has received instruction.

      2.  With the approval of the State Board,

the board of trustees of each school district shall prescribe for the district

the:

      (a) Community service projects for which credit

will be granted;

      (b) Amount of credit which will be granted upon

completion of each project;

      (c) Rules regarding how a pupil may apply for

such credit upon completion of a community service project; and

      (d) Procedures for obtaining the consent of a

parent or legal guardian of a pupil before the pupil may participate in a

community service project for which credit will be granted.

      (Added to NRS by 1995, 1015)

      NRS 389.167  Credit toward graduation from high school for completion of

public or private internship; duties of school district or charter school.

      1.  A pupil enrolled in grade 11 or 12 at a

public school who is at least 16 years of age must be allowed to apply not more

than one credit toward the total number of credits required for graduation from

high school if the pupil successfully completes a public or private internship

which has been approved pursuant to subsection 2 and which is of a duration of

not less than 60 hours in a school year. The credit must be applied toward the

pupil’s elective course credits and not toward a course that is required for

graduation from high school.

      2.  If the board of trustees of a school

district or the governing body of a charter school obtains the approval of the

State Board, the board of trustees or the governing body may authorize pupils

enrolled in the school district or charter school who satisfy the

qualifications prescribed pursuant to subparagraph (2) of paragraph (a) to

participate in a public or private internship for the purpose of obtaining

credit pursuant to subsection 1. If a board of trustees or governing body of a

charter school authorizes the participation in a public or private internship,

the board of trustees or governing body shall:

      (a) Prescribe:

             (1) The fields, trades or occupations in

which a pupil may complete a public or private internship, including, without

limitation, agriculture, medical and health sciences, manufacturing and

construction;

             (2) The qualifications of a pupil for

participation in a public or private internship;

             (3) The manner in which a qualified pupil

must apply for participation in a public or private internship; and

             (4) The manner for verifying that a pupil

has completed the requisite number of hours to qualify for credit; and

      (b) Establish and maintain a nonexclusive list of

participating businesses, agencies and organizations which offer the employment

and supervision of pupils for the purposes of obtaining academic credit in a

public or private internship pursuant to this section.

      (Added to NRS by 2013, 1006)

      NRS 389.171  Credit granted for performance on examination in lieu of course

attendance.

      1.  A pupil may be granted credit for a

specific course of study without having attended the regularly scheduled

classes in the course if the pupil demonstrates his or her proficiency to meet

the:

      (a) Objectives of the course through the pupil’s

performance on an examination prescribed by the State Board;

      (b) Objectives of a particular area or areas of

the course in which the pupil is deficient through the pupil’s performance on

an examination developed by the principal and the pupil’s teacher who provides

instruction in the course that is designed to measure the proficiency of the

pupil in that particular area or areas; or

      (c) Objectives of the course through the pupil’s

performance on an examination that the principal determines is as rigorous or

more rigorous than the examination prescribed by the State Board pursuant to

paragraph (a), including, without limitation, an advanced placement examination

in the subject area of the course.

      2.  The State Board shall adopt regulations

that prescribe the:

      (a) Form on which a pupil may apply to the board

of trustees of a school district in which the pupil attends school to be

granted credit pursuant to subsection 1;

      (b) Courses of study for which pupils may be

granted credit pursuant to subsection 1; and

      (c) Minimum score on the examination prescribed

pursuant to paragraph (a) of subsection 1 that is required to demonstrate

proficiency in a course.

      (Added to NRS by 2007, 1077; A 2011, 594)

      NRS 389.180  Occupational guidance and counseling.

      1.  The State Board shall, by regulation,

establish a course of study in occupational guidance and counseling.

      2.  The board of trustees of each school

district shall establish the curriculum for the course of study in that district.

The curriculum must be organized and, with the assistance of teachers,

administrators, pupils, parents and the business community, coordinated by

licensed school counselors who shall provide instruction and activities

designed to:

      (a) Promote normal growth and development.

      (b) Promote positive mental and physical health.

      (c) Provide each pupil with knowledge and skills

which permit the pupil to control his or her own destiny.

      (d) Assist each pupil to plan, monitor and manage

the pupil’s personal, educational and occupational development.

      (e) Meet the immediate needs and concerns of each

pupil, whether the pupil’s needs or concerns require counseling, consultation,

referral or information.

      (f) Provide counselors, teachers and support

staff with the knowledge and skills required to maintain and improve the

course.

      (g) Provide such other related assistance and

instruction as is deemed necessary.

      3.  The instruction required by this

section must be made available for each pupil in grades 7 to 12, inclusive.

      4.  The board of trustees in each school

district shall organize and offer the curriculum within the limits of money

made available to the district by the Legislature for that purpose.

      (Added to NRS by 1991, 2087)

ACADEMIC STANDARDS; CRITERION-REFERENCED EXAMINATIONS

      NRS 389.500  “Council” defined.  As

used in NRS 389.500 to 389.570,

inclusive, “Council” means the Council to Establish Academic Standards for

Public Schools.

      (Added to NRS by 1999, 3384; A 2011, 2309)

      NRS 389.505  Superintendent of Public Instruction required to ensure Council

carries out duties successfully.  The

Superintendent of Public Instruction is responsible for ensuring that the

duties and responsibilities of the Council set forth in NRS

389.500 to 389.570, inclusive, are carried out

by the Council successfully.

      (Added to NRS by 2011, 2309)

      NRS 389.510  Council to Establish Academic Standards: Creation; membership;

terms; compensation.

      1.  The Council to Establish Academic

Standards for Public Schools, consisting of eight members, is hereby created.

The membership of the Council consists of:

      (a) Four members appointed by the Governor in

accordance with subsection 2;

      (b) Two members appointed by the Majority Leader

of the Senate in accordance with subsection 3; and

      (c) Two members appointed by the Speaker of the

Assembly in accordance with subsection 3.

      2.  The Governor shall ensure that:

      (a) Two of the members appointed by the Governor

to the Council are parents or legal guardians of pupils who attend public

schools. These members must not otherwise be affiliated with the public school

system of this State.

      (b) Two of the members appointed by the Governor

to the Council are licensed educational personnel.

      (c) Insofar as practicable, the members appointed

by the Governor to the Council reflect the ethnic and geographical diversity of

this State.

      3.  The Majority Leader of the Senate and

the Speaker of the Assembly shall each ensure that:

      (a) One of the members whom he or she appoints to

the Council is a member of the House of the Legislature to which he or she

belongs.

      (b) The other member whom he or she appoints to

the Council is a representative of a private business or industry that may be

affected by actions taken by the Council.

      4.  Each member of the Council must be a

resident of this State.

      5.  After the initial terms, the term of each

member of the Council is 4 years. The person who appoints a member to the

Council may remove that member if the member neglects his or her duty or

commits malfeasance in office, or for other just cause. A vacancy in the

membership of the Council must be filled for the remainder of the unexpired

term in the same manner as the original appointment. A member shall continue to

serve on the Council until his or her successor is appointed.

      6.  The Governor shall select a Chair from

among the membership of the Council in accordance with this subsection. The

Governor shall not select as Chair a member of the Council who is affiliated

with the public school system in this State, except that this subsection does

not preclude the Governor from selecting a parent or legal guardian of a pupil

as Chair if the parent or legal guardian is not otherwise affiliated with the

public school system in this State. Once selected by the Governor, the Chair

holds that office for 2 years.

      7.  For each day or portion of a day during

which a member of the Council who is a Legislator attends a meeting of the

Council or is otherwise engaged in the work of the Council, except during a

regular or special session of the Legislature, the Legislator is entitled to

receive the:

      (a) Compensation provided for a majority of the

members of the Legislature during the first 60 days of the preceding session;

      (b) Per diem allowance provided for state

officers and employees generally; and

      (c) Travel expenses provided pursuant to NRS 218A.655.

Ê The

compensation, per diem allowances and travel expenses of the legislative

members of the Council must be paid from the Legislative Fund.

      8.  Members of the Council who are not

Legislators serve without salary, but are entitled to receive the per diem

allowance and travel expenses provided for state officers and employees

generally.

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

      NRS 389.520  Council to Establish Academic Standards: Establishment of

standards; periodic review of standards; adoption of standards by State Board;

establishment of policy for ethical, safe and secure use of computers.

      1.  The Council shall:

      (a) Establish standards of content and

performance, including, without limitation, a prescription of the resulting

level of achievement, for the grade levels set forth in subsection 3, based

upon the content of each course, that is expected of pupils for the following courses

of study:

             (1) English, including reading,

composition and writing;

             (2) Mathematics;

             (3) Science;

             (4) Social studies, which includes only

the subjects of history, geography, economics and government;

             (5) The arts;

             (6) Computer education and technology;

             (7) Health; and

             (8) Physical education.

      (b) Establish a schedule for the periodic review

and, if necessary, revision of the standards of content and performance. The

review must include, without limitation, the review required pursuant to NRS 389.570 of the results of pupils on the

examinations administered pursuant to NRS 389.550.

      (c) Assign priorities to the standards of content

and performance relative to importance and degree of emphasis and revise the

standards, if necessary, based upon the priorities.

      2.  The standards for computer education

and technology must include a policy for the ethical, safe and secure use of

computers and other electronic devices. The policy must include, without

limitation:

      (a) The ethical use of computers and other

electronic devices, including, without limitation:

             (1) Rules of conduct for the acceptable

use of the Internet and other electronic devices; and

             (2) Methods to ensure the prevention of:

                   (I) Cyber-bullying;

                   (II) Plagiarism; and

                   (III) The theft of information or

data in an electronic form;

      (b) The safe use of computers and other

electronic devices, including, without limitation, methods to:

             (1) Avoid cyber-bullying and other

unwanted electronic communication, including, without limitation, communication

with on-line predators;

             (2) Recognize when an on-line electronic

communication is dangerous or potentially dangerous; and

             (3) Report a dangerous or potentially

dangerous on-line electronic communication to the appropriate school personnel;

      (c) The secure use of computers and other

electronic devices, including, without limitation:

             (1) Methods to maintain the security of

personal identifying information and financial information, including, without

limitation, identifying unsolicited electronic communication which is sent for

the purpose of obtaining such personal and financial information for an

unlawful purpose;

             (2) The necessity for secure passwords or

other unique identifiers;

             (3) The effects of a computer contaminant;

             (4) Methods to identify unsolicited

commercial material; and

             (5) The dangers associated with social

networking Internet sites; and

      (d) A designation of the level of detail of

instruction as appropriate for the grade level of pupils who receive the

instruction.

      3.  The Council shall establish standards

of content and performance for each grade level in kindergarten and grades 1 to

8, inclusive, for English and mathematics. The Council shall establish

standards of content and performance for the grade levels selected by the

Council for the other courses of study prescribed in subsection 1.

      4.  The Council shall forward to the State

Board the standards of content and performance established by the Council for

each course of study. The State Board shall:

      (a) Adopt the standards for each course of study,

as submitted by the Council; or

      (b) If the State Board objects to the standards

for a course of study or a particular grade level for a course of study, return

those standards to the Council with a written explanation setting forth the

reason for the objection.

      5.  If the State Board returns to the

Council the standards of content and performance for a course of study or a

grade level, the Council shall:

      (a) Consider the objection provided by the State

Board and determine whether to revise the standards based upon the objection;

and

      (b) Return the standards or the revised

standards, as applicable, to the State Board.

Ê The State

Board shall adopt the standards of content and performance or the revised

standards, as applicable.

      6.  The Council shall work in cooperation

with the State Board to prescribe the examinations required by NRS 389.550.

      7.  As used in this section:

      (a) “Computer contaminant” has the meaning

ascribed to it in NRS 205.4737.

      (b) “Cyber-bullying” has the meaning ascribed to

it in NRS 388.123.

      (c) “Electronic communication” has the meaning

ascribed to it in NRS 388.124.

      (Added to NRS by 1999, 3385; A 2007, 1963; 2009, 689; 2013, 1659)

      NRS 389.530  Council to 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,

Ê as is

necessary for the Council to carry out its duties.

      2.  The Council may request assistance from

any agency of this state if the assistance is necessary for the Council to

carry out its duties.

      (Added to NRS by 1999, 3386)

      NRS 389.540  Review of courses of study to determine compliance with

standards.  The board of trustees

of each school district shall conduct a periodic review of the courses of study

offered in the public schools of the school district to determine whether the

courses of study comply with the standards of content and performance

established by the Council pursuant to NRS 389.520

and if revision of the courses of study is necessary to ensure compliance.

      (Added to NRS by 1999, 3386)

      NRS 389.550  Administration of criterion-referenced examinations.

      1.  The State Board shall, in consultation

with the Council, prescribe examinations that comply with 20 U.S.C. §

6311(b)(3) and that measure the achievement and proficiency of pupils:

      (a) For grades 3, 4, 5, 6, 7 and 8 in the

standards of content established by the Council for the subjects of English and

mathematics.

      (b) For grades 5 and 8, in the standards of

content established by the Council for the subject of science.

Ê The

examinations prescribed pursuant to this subsection must be written, developed,

printed and scored by a nationally recognized testing company.

      2.  In addition to the examinations

prescribed pursuant to subsection 1, the State Board shall, in consultation

with the Council, prescribe a writing examination for grades 5 and 8.

      3.  The board of trustees of each school

district and the governing body of each charter school shall administer the

examinations prescribed by the State Board. The examinations must be:

      (a) Administered to pupils in each school

district and each charter school at the same time during the spring semester,

as prescribed by the State Board.

      (b) Administered in each school in accordance

with uniform procedures adopted by the State Board. The Department shall

monitor the school districts and individual schools to ensure compliance with

the uniform procedures.

      (c) Administered in each school in accordance

with the plan adopted pursuant to NRS 389.616 by

the Department and with the plan adopted pursuant to NRS

389.620 by the board of trustees of the school district in which the

examinations are administered. The Department shall monitor the compliance of

school districts and individual schools with:

             (1) The plan adopted by the Department;

and

             (2) The plan adopted by the board of

trustees of the applicable school district, to the extent that the plan adopted

by the board of trustees of the school district is consistent with the plan

adopted by the Department.

      (Added to NRS by 1999, 3386; A 2001, 1208; 2003, 19th

Special Session, 63, 64; 2005, 1178; 2013, 3272)

      NRS 389.560  Reporting of results of examinations; reconciliation of number

of pupils taking examinations.  Repealed.

(See chapter 379, Statutes of Nevada 2013, at page 2042.)

 

      NRS 389.570  Council required to review and evaluate results of examinations;

report of evaluation.

      1.  The Council shall review the results of

pupils on the examinations administered pursuant to NRS

389.550, including, without limitation, for each school in a school

district and each charter school that is located within a school district, a

review of the results for the current school year and a comparison of the

progress, if any, made by the pupils enrolled in the school from preceding

school years.

      2.  After the completion of the review

pursuant to subsection 1, the Council shall evaluate:

      (a) Whether the standards of content and performance

established by the Council require revision; and

      (b) The success of pupils, as measured by the

results of the examinations, in achieving the standards of performance

established by the Council.

      3.  The Council shall report the results of

the evaluation conducted pursuant to subsection 2 to the State Board and the

Legislative Committee on Education.

      (Added to NRS by 1999, 3388)

ADMINISTRATION AND SECURITY OF EXAMINATIONS

      NRS 389.600  Definitions.  As

used in NRS 389.600 to 389.648,

inclusive, unless the context otherwise requires, the words and terms defined

in NRS 389.604, 389.608

and 389.612 have the meanings ascribed to them in

those sections.

      (Added to NRS by 2001, 1197)

      NRS 389.604  “Irregularity in testing administration” defined.  “Irregularity in testing administration” means

the failure to administer an examination to pupils pursuant to NRS 389.550 or 389.805 or

the college and career readiness assessment pursuant to NRS

389.807 in the manner intended by the person or entity that created the

examination or assessment.

      (Added to NRS by 2001, 1197; A 2013, 3273)

      NRS 389.608  “Irregularity in testing security” defined.  “Irregularity in testing security” means an

act or omission that tends to corrupt or impair the security of an examination

administered to pupils pursuant to NRS 389.550 or 389.805 or the college and career readiness assessment

administered pursuant to NRS 389.807, including,

without limitation:

      1.  The failure to comply with security

procedures adopted pursuant to NRS 389.616 or 389.620;

      2.  The disclosure of questions or answers

to questions on an examination or assessment in a manner not otherwise approved

by law; and

      3.  Other breaches in the security or

confidentiality of the questions or answers to questions on an examination or

assessment.

      (Added to NRS by 2001, 1197; A 2013, 3273)

      NRS 389.612  “School official” defined.  “School

official” means:

      1.  A member of a board of trustees of a

school district;

      2.  A member of a governing body of a

charter school; or

      3.  A licensed or unlicensed person

employed by the board of trustees of a school district or the governing body of

a charter school.

      (Added to NRS by 2001, 1197)

      NRS 389.616  Adoption and enforcement of plan for test security by Department;

contents of plan; annual submission of plan to State Board and Legislative

Committee on Education.

      1.  The Department shall, by regulation or

otherwise, adopt and enforce a plan setting forth procedures to ensure the

security of examinations that are administered to pupils pursuant to NRS 389.550 and 389.805

and the college and career readiness assessment administered pursuant to NRS 389.807.

      2.  A plan adopted pursuant to subsection 1

must include, without limitation:

      (a) Procedures pursuant to which pupils, school

officials and other persons may, and are encouraged to, report irregularities

in testing administration and testing security.

      (b) Procedures necessary to ensure the security

of test materials and the consistency of testing administration.

      (c) Procedures that specifically set forth the

action that must be taken in response to a report of an irregularity in testing

administration or testing security and the actions that must be taken during an

investigation of such an irregularity. For each action that is required, the

procedures must identify:

             (1) By category, the employees of the

school district, charter school or Department, or any combination thereof, who

are responsible for taking the action; and

             (2) Whether the school district, charter

school or Department, or any combination thereof, is responsible for ensuring

that the action is carried out successfully.

      (d) Objective criteria that set forth the

conditions under which a school, including, without limitation, a charter

school or a school district, or both, is required to file a plan for corrective

action in response to an irregularity in testing administration or testing

security for the purposes of NRS 389.636.

      3.  A copy of the plan adopted pursuant to

this section and the procedures set forth therein must be submitted on or

before September 1 of each year to:

      (a) The State Board; and

      (b) The Legislative Committee on Education,

created pursuant to NRS 218E.605.

      (Added to NRS by 2001, 1197; A 2013, 3273)

      NRS 389.620  Adoption and enforcement of plan for test security by board of

trustees; contents of plan; annual submission of plan to State Board and

Legislative Committee on Education; written notice concerning plan to

educational personnel, pupils and parents; definitions.

      1.  The board of trustees of each school

district shall, for each public school in the district, including, without

limitation, charter schools, adopt and enforce a plan setting forth procedures

to ensure the security of examinations and assessments.

      2.  A plan adopted pursuant to subsection 1

must include, without limitation:

      (a) Procedures pursuant to which pupils, school

officials and other persons may, and are encouraged to, report irregularities

in testing administration and testing security.

      (b) Procedures necessary to ensure the security

of test materials and the consistency of testing administration.

      (c) With respect to secondary schools, procedures

pursuant to which the school district or charter school, as appropriate, will

verify the identity of pupils taking an examination or assessment.

      (d) Procedures that specifically set forth the

action that must be taken in response to a report of an irregularity in testing

administration or testing security and the action that must be taken during an

investigation of such an irregularity. For each action that is required, the

procedures must identify, by category, the employees of the school district or

charter school who are responsible for taking the action and for ensuring that

the action is carried out successfully.

Ê The

procedures adopted pursuant to this subsection must be consistent, to the

extent applicable, with the procedures adopted by the Department pursuant to NRS 389.616.

      3.  A copy of each plan adopted pursuant to

this section and the procedures set forth therein must be submitted on or

before September 1 of each year to:

      (a) The State Board; and

      (b) The Legislative Committee on Education,

created pursuant to NRS 218E.605.

      4.  On or before September 30 of each

school year, the board of trustees of each school district and the governing

body of each charter school shall provide a written notice regarding the

examinations and assessments to all teachers and educational personnel employed

by the school district or governing body, all personnel employed by the school

district or governing body who are involved in the administration of the

examinations and assessments, all pupils who are required to take the

examinations or assessments and all parents and legal guardians of such pupils.

The written notice must be prepared in a format that is easily understood and

must include, without limitation, a description of the:

      (a) Plan adopted pursuant to this section; and

      (b) Action that may be taken against personnel

and pupils for violations of the plan or for other irregularities in testing

administration or testing security.

      5.  As used in this section:

      (a) “Assessment” means the college and career

readiness assessment administered to pupils enrolled in grade 11 pursuant to NRS 389.807.

      (b) “Examination” means:

             (1) The examinations that are administered

to pupils pursuant to NRS 389.550 or 389.805; and

             (2) Any other examinations which measure

the achievement and proficiency of pupils and which are administered to pupils

on a district-wide basis.

      (c) “Irregularity in testing administration”

means the failure to administer an examination or assessment in the manner

intended by the person or entity that created the examination or assessment.

      (d) “Irregularity in testing security” means an

act or omission that tends to corrupt or impair the security of an examination

or assessment, including, without limitation:

             (1) The failure to comply with security

procedures adopted pursuant to this section or NRS

389.616;

             (2) The disclosure of questions or answers

to questions on an examination or assessment in a manner not otherwise approved

by law; and

             (3) Other breaches in the security or

confidentiality of the questions or answers to questions on an examination or

assessment.

      (Added to NRS by 2001, 1199; A 2013, 3274)

      NRS 389.624  Violation of state or district plan: Duty of Department to

investigate; authority of Department to issue subpoenas; enforcement of

subpoena by court.

      1.  If the Department:

      (a) Has reason to believe that a violation of the

plan adopted pursuant to NRS 389.616 may have

occurred;

      (b) Has reason to believe that a violation of the

plan adopted pursuant to NRS 389.620 may have

occurred with respect to an examination that is administered pursuant to NRS 389.550 or 389.805 or

the college and career readiness assessment administered pursuant to NRS 389.807; or

      (c) Receives a request pursuant to subparagraph

(2) of paragraph (b) of subsection 1 of NRS 389.628

to investigate a potential violation of the plan adopted pursuant to NRS 389.620 with respect to an examination that is

administered pursuant to NRS 389.550 or 389.805 or the college and career readiness assessment

administered pursuant to NRS 389.807,

Ê the

Department shall investigate the matter as it deems appropriate.

      2.  If the Department investigates a matter

pursuant to subsection 1, the Department may issue a subpoena to compel the

attendance or testimony of a witness or the production of any relevant

materials, including, without limitation, books, papers, documents, records,

photographs, recordings, reports and tangible objects.

      3.  If a witness refuses to attend, testify

or produce materials as required by the subpoena, the Department may report to

the district court by petition, setting forth that:

      (a) Due notice has been given of the time and

place of attendance or testimony of the witness or the production of materials;

      (b) The witness has been subpoenaed by the

Department pursuant to this section; and

      (c) The witness has failed or refused to attend,

testify or produce materials before the Department as required by the subpoena,

or has refused to answer questions propounded to him or her,

Ê and asking

for an order of the court compelling the witness to attend, testify or produce

materials before the Department.

      4.  Upon receipt of such a petition, the

court shall enter an order directing the witness to appear before the court at

a time and place to be fixed by the court in its order, the time to be not more

than 10 days after the date of the order, and then and there show cause why the

witness has not attended, testified or produced materials before the Department.

A certified copy of the order must be served upon the witness.

      5.  If it appears to the court that the

subpoena was regularly issued by the Department, the court shall enter an order

that the witness appear before the Department at a time and place fixed in the

order and testify or produce materials, and that upon failure to obey the order

the witness must be dealt with as for contempt of court.

      (Added to NRS by 2001, 1198; A 2013, 3275)

      NRS 389.628  Violation of district plan: Duty of board of trustees to

investigate or refer to Department; authority of board of trustees to issue

subpoenas; enforcement of subpoena by court.

      1.  If a school official has reason to

believe that a violation of the plan adopted pursuant to NRS

389.620 may have occurred, the school official shall immediately report the

incident to the board of trustees of the school district. If the board of

trustees of a school district has reason to believe that a violation of the

plan adopted pursuant to NRS 389.620 may have

occurred, the board of trustees shall:

      (a) If the violation is with respect to an

examination administered pursuant to NRS 389.550 or

389.805 or the college and career readiness

assessment administered pursuant to NRS 389.807,

immediately report the incident to the Department orally or in writing followed

by a comprehensive written report within 14 school days after the incident

occurred; and

      (b) Cause to be commenced an investigation of the

incident. The board of trustees may carry out the requirements of this

paragraph by:

             (1) Investigating the incident as it deems

appropriate, including, without limitation, using the powers of subpoena set

forth in this section.

             (2) With respect to an examination that is

administered pursuant to NRS 389.550 or 389.805 or the college and career readiness assessment

administered pursuant to NRS 389.807, requesting

that the Department investigate the incident pursuant to NRS

389.624.

Ê The fact

that a board of trustees elects initially to carry out its own investigation

pursuant to subparagraph (1) of paragraph (b) does not affect the ability of

the board of trustees to request, at any time, that the Department investigate

the incident as authorized pursuant to subparagraph (2) of paragraph (b).

      2.  Except as otherwise provided in this

subsection, if the board of trustees of a school district proceeds in

accordance with subparagraph (1) of paragraph (b) of subsection 1, the board of

trustees may issue a subpoena to compel the attendance or testimony of a

witness or the production of any relevant materials, including, without

limitation, books, papers, documents, records, photographs, recordings, reports

and tangible objects. A board of trustees shall not issue a subpoena to compel

the attendance or testimony of a witness or the production of materials unless

the attendance, testimony or production sought to be compelled is related

directly to a violation or an alleged violation of the plan adopted pursuant to

NRS 389.620.

      3.  If a witness refuses to attend, testify

or produce materials as required by the subpoena, the board of trustees may

report to the district court by petition, setting forth that:

      (a) Due notice has been given of the time and

place of attendance or testimony of the witness or the production of materials;

      (b) The witness has been subpoenaed by the board

of trustees pursuant to this section; and

      (c) The witness has failed or refused to attend,

testify or produce materials before the board of trustees as required by the

subpoena, or has refused to answer questions propounded to him or her,

Ê and asking

for an order of the court compelling the witness to attend, testify or produce

materials before the board of trustees.

      4.  Upon receipt of such a petition, the

court shall enter an order directing the witness to appear before the court at

a time and place to be fixed by the court in its order, the time to be not more

than 10 days after the date of the order, and then and there show cause why the

witness has not attended, testified or produced materials before the board of

trustees. A certified copy of the order must be served upon the witness.

      5.  If it appears to the court that the

subpoena was regularly issued by the board of trustees, the court shall enter

an order that the witness appear before the board of trustees at a time and

place fixed in the order and testify or produce materials, and that upon

failure to obey the order the witness must be dealt with as for contempt of

court.

      (Added to NRS by 2001, 1200; A 2013, 3276)

      NRS 389.632  Certain schools required to provide for additional

administration of examinations if consecutive irregularities in testing

administration occur; school district or charter school required to pay costs

of additional administration; determination and notice by Department.

      1.  If the Department determines that:

      (a) At least one irregularity in testing

administration occurred at a school, including, without limitation, a charter

school, during 1 school year on the examinations administered pursuant to NRS 389.550;

      (b) In the immediately succeeding school year, at

least one additional irregularity in testing administration occurred at that

school on the examinations administered pursuant to NRS

389.550; and

      (c) Based upon the criteria set forth in

subsection 2, the irregularities described in paragraphs (a) and (b) warrant an

additional administration of the examinations,

Ê the

Department shall notify the school and the school district in which the school

is located that the school is required to provide for an additional

administration of the examinations to pupils who are enrolled in a grade that

is required to take the examinations pursuant to NRS

389.550 or to the pupils the Department determines must take the additional

administration pursuant to subsection 3. The additional administration must

occur in the same school year in which the irregularity described in paragraph

(b) occurred. Except as otherwise provided in this subsection, the school

district shall pay for all costs related to the administration of examinations

pursuant to this subsection. If a charter school is required to administer

examinations pursuant to this subsection, the charter school shall pay for all

costs related to the administration of the examinations to pupils enrolled in

the charter school.

      2.  In determining whether to require a

school to provide for an additional administration of examinations pursuant to

this section, the Department shall consider:

      (a) The effect of each irregularity in testing

administration, including, without limitation, whether the irregularity

required the scores of pupils to be invalidated; and

      (b) Whether sufficient time remains in the school

year to provide for an additional administration of examinations.

      3.  If the Department determines pursuant

to subsection 2 that a school must provide for an additional administration of

examinations, the Department may consider whether the most recent irregularity

in testing administration affected the test scores of a limited number of

pupils and require the school to provide an additional administration of

examinations pursuant to this section only to those pupils whose test scores

were affected by the most recent irregularity.

      4.  The Department shall provide as many

notices pursuant to this section during 1 school year as are applicable to the

irregularities occurring at a school. A school shall provide for additional

administrations of examinations pursuant to this section within 1 school year

as applicable to the irregularities occurring at the school.

      (Added to NRS by 2001, 1201; A 2003, 19th

Special Session, 66; 2005, 1179, 2418; 2011, 3138)

      NRS 389.636  Plan for corrective action required of school or school district

in response to irregularity in testing administration or security; notice by

Department; establishment by Department of procedures to document corrective

action; amendment of plan.

      1.  The Department shall notify the

principal of a school, including, without limitation, a charter school, or the

board of trustees of a school district, as applicable, if the school or the

school district is required to file a plan for corrective action based upon the

objective criteria adopted by the Department pursuant to paragraph (d) of

subsection 2 of NRS 389.616. Upon receipt of such

notice, the school or the school district, as applicable, shall file a plan for

corrective action with the Department within the time prescribed by the

Department. Such a plan must specify the time within which the corrective

action will be taken. The school or the school district, as applicable, shall

commence corrective action pursuant to the plan immediately after the date on

which the plan is filed.

      2.  The Department shall establish

procedures to document and monitor whether appropriate corrective action is

being taken and whether that action is achieving the desired result. Such

documentation must be maintained and reported in accordance with NRS 389.648.

      3.  The Department may require a school or

a school district to amend its plan for corrective action if the Department

determines that such amendment is necessary to ensure the security of test

materials and the consistency of testing administration in the school or school

district, as applicable.

      (Added to NRS by 2001, 1203)

      NRS 389.644  Establishment of program of education and training regarding

administration and security of examinations and assessments; expanded program

authorized; school districts and charter schools required to ensure educational

personnel receive program of education and training.

      1.  The Department shall establish a

program of education and training regarding the administration and security of

the examinations administered pursuant to NRS 389.550

or 389.805 and the college and career readiness

assessment administered pursuant to NRS 389.807.

Upon approval of the Department, the board of trustees of a school district or

the governing body of a charter school may establish an expanded program of

education and training that includes additional education and training if the

expanded program complies with the program established by the Department.

      2.  The board of trustees of each school

district and the governing body of each charter school shall ensure that:

      (a) All the teachers and other educational

personnel who provide instruction to pupils enrolled in a grade level that is

required to be tested pursuant to NRS 389.550, 389.805 or 389.807, and

all other personnel who are involved with the administration of the

examinations that are administered pursuant to NRS

389.550 or 389.805 or the college and career

readiness assessment administered pursuant to NRS

389.807, receive, on an annual basis, the program of education and training

established by the Department or the expanded program, if applicable; and

      (b) The training and education is otherwise

available for all personnel who are not required to receive the training and

education pursuant to paragraph (a).

      (Added to NRS by 2001, 1204; A 2013, 3277)

      NRS 389.648  Establishment of procedures for uniform documentation and

maintenance of irregularities in testing administration and security;

maintenance by Department of written summary for each irregularity; annual

report by Department required.

      1.  The Department shall establish

procedures for the uniform documentation and maintenance by the Department of

irregularities in testing administration and testing security reported to the

Department pursuant to NRS 389.628 and

investigations of such irregularities conducted by the Department pursuant to NRS 389.624. The procedures must include, without

limitation:

      (a) A method for assigning a unique

identification number to each incident of irregularity; and

      (b) A method to ensure that the status of an

irregularity is readily accessible by the Department.

      2.  In accordance with the procedures

established pursuant to subsection 1, the Department shall prepare and maintain

for each irregularity in testing administration and each irregularity in

testing security, a written summary accompanying the report of the

irregularity. The written summary must include, without limitation:

      (a) An evaluation of whether the procedures

prescribed by the Department pursuant to paragraph (c) of subsection 2 of NRS 389.616 were followed in response to the

irregularity;

      (b) The corrective action, if any, taken in

response to the irregularity pursuant to NRS 389.636;

      (c) An evaluation of whether the corrective

action achieved the desired result; and

      (d) The current status and the outcome, if any,

of an investigation related to the irregularity.

      3.  The Department shall prepare a written

report that includes for each school year:

      (a) A summary of each irregularity in testing

administration and testing security reported to the Department pursuant to NRS 389.628 and each investigation conducted pursuant

to NRS 389.624.

      (b) A summary for each school that was required

to provide additional administration of examinations pursuant to NRS 389.632. The summary must include, without

limitation:

            (1) The identity of the school;

             (2) The type of additional examinations

that were administered pursuant to NRS 389.632;

             (3) The date on which those examinations

were administered;

             (4) A comparison of the results of pupils

on the:

                   (I) Examinations in which an

additional irregularity occurred in the second school year described in NRS 389.632; and

                   (II) Additional examinations

administered pursuant to NRS 389.632.

      (c) Each written summary prepared by the

Department pursuant to subsection 2.

      (d) The current status of each irregularity that

was reported for a preceding school year which had not been resolved at the

time that the preceding report was filed.

      (e) The current status and the outcome, if any,

of an investigation conducted by the Department pursuant to NRS 389.624.

      (f) An analysis of the irregularities and

recommendations, if any, to improve the security of the examinations and the

consistency of testing administration.

      4.  On or before September 1 of each year,

the Department shall submit the report prepared pursuant to subsection 3 for

the immediately preceding school year to the Legislative Committee on Education

created pursuant to NRS 218E.605 and

the State Board.

      (Added to NRS by 2001, 1204)

GRADUATION AND DIPLOMAS

      NRS 389.805  State Board required to prescribe criteria for standard high

school diploma; end-of-course examinations and college and career readiness

assessment; exception for certain pupils with disabilities; prohibition to

issue certificate of attendance.

      1.  A pupil with a disability who does not

satisfy the requirements for receipt of a standard high school diploma may

receive a diploma designated as an adjusted diploma if the pupil satisfies the

requirements set forth in his or her individualized education program. As used

in this subsection, “individualized education program” has the meaning ascribed

to it in 20 U.S.C. § 1414(d)(1)(A).

      2.  The State Board shall adopt regulations

that prescribe the:

      (a) Criteria for a pupil to receive a standard

high school diploma, which must include, without limitation, the requirement

that:

             (1) Commencing with the 2014-2015 school

year and each school year thereafter, a pupil enrolled in grade 11 take the

college and career readiness assessment administered pursuant to NRS 389.807;

             (2) Commencing with the 2014-2015 school

year and each school year thereafter, a pupil enroll in the courses of study

designed to prepare the pupil for graduation from high school and for readiness

for college and career; and

             (3) Commencing with the 2014-2015 school

year and each school year thereafter, a pupil pass at least four end-of-course

examinations prescribed pursuant to paragraph (b).

      (b) Courses of study in which pupils must pass

the end-of-course examinations required by subparagraph (3) of paragraph (a),

which must include, without limitation, the subject areas for which the State

Board has adopted the common core standards and which may include any other

courses of study prescribed by the State Board.

      (c) The maximum number of times, if any, that a

pupil is allowed to take the end-of-course examinations if the pupil fails to

pass the examinations after the first administration.

      3.  The criteria prescribed by the State

Board pursuant to subsection 2 for a pupil to receive a standard high school

diploma must not include the results of the pupil on the college and career

readiness assessment administered to the pupil in grade 11 pursuant to NRS 389.807.

      4.  If a pupil does not satisfy the

requirements prescribed by the State Board to receive a standard high school

diploma, the pupil must not be issued a certificate of attendance or any other

document indicating that the pupil attended high school but did not satisfy the

requirements for such a diploma. The provisions of this subsection do not apply

to a pupil who receives an adjusted diploma pursuant to subsection 1.

      (Added to NRS by 2007, 1076; A 2009, 351, 2619; 2013, 3278)

      NRS 389.807  State Board required to select college and career readiness

assessment for grade 11; requirement of pupil to take assessment; results not

used for receipt of diploma; use of results to provide data and information for

pupil.

      1.  The State Board shall select a college

and career readiness assessment for administration, commencing with the

2014-2015 school year and each school year thereafter, to pupils who are

enrolled in grade 11 in public high schools.

      2.  Except as otherwise provided in this

subsection, a pupil must take the college and career readiness assessment to

receive a standard high school diploma. The results of a pupil on the

assessment must not be used in the determination of whether the pupil satisfies

the requirements for receipt of a standard high school diploma. A pupil with a

disability may, in accordance with his or her individualized education program,

be exempt from the requirement to take the college and career readiness

assessment.

      3.  The assessment selected pursuant to

subsection 1 must be:

      (a) Administered at the same time during the

school year by the board of trustees of each school district to pupils enrolled

in grade 11 in all public high schools of the school district and by the

governing body of each charter school that enrolls pupils in grade 11, as

prescribed by the State Board, and in accordance with uniform procedures

adopted by the State Board. The Department shall monitor the compliance of the

school districts and individual schools with the uniform procedures and report

to the State Board any instance of noncompliance.

      (b) Administered in accordance with the plan

adopted by the Department pursuant to NRS 389.616

and with the plan adopted by the board of trustees of the school district in

which the assessment is administered pursuant to NRS

389.620. The Department shall monitor the compliance of the school

districts and individual schools with:

             (1) The plan adopted by the Department;

and

             (2) The plan adopted by the board of

trustees of the applicable school district, to the extent that the plan adopted

by the board of trustees of the school district is consistent with the plan

adopted by the Department,

Ê and shall

report to the State Board any instance of noncompliance.

      4.  The assessment selected pursuant to

subsection 1 must:

      (a) Be used to provide data and information to

each pupil who takes the assessment in a manner that allows the pupil to review

the areas of his or her academic strengths and weaknesses, including, without

limitation, areas where additional work in the subject areas tested on the

assessment is necessary to prepare for college and career success without the

need for remediation; and

      (b) Allow teachers and other educational

personnel to use the results of a pupil on the assessment to provide

appropriate interventions for the pupil to prepare for college and career

success.

      5.  The State Board may work in

consultation with the boards of trustees of school districts and, if a charter

school enrolls pupils at a high school grade level, the governing body of the

charter school to develop and implement appropriate plans of remediation for

pupils based upon the results of the pupils on the assessment.

      (Added to NRS by 2013, 3268)

      NRS 389.809  Department required to develop informational pamphlet concerning

end-of-course examinations and college and career readiness assessment; duties

of school districts and charter schools to post pamphlet and distribute to

pupils and parents.

      1.  The Department shall develop an informational

pamphlet concerning the end-of-course examinations required pursuant to NRS 389.805 and the college and career readiness

assessment administered pursuant to NRS 389.807 for

pupils who are enrolled in junior high, middle school and high school, and

their parents and legal guardians. The pamphlet must include a written

explanation of the:

      (a) Importance of passing the end-of-course

examinations and the importance of taking the college and career readiness

assessment;

      (b) Courses of study for which the end-of-course

examinations are administered and the subject areas tested on the college and

career readiness assessment;

      (c) Format for the end-of-course examinations and

the college and career readiness assessment, including, without limitation, the

range of items that are contained on the examinations and the assessment; and

      (d) Maximum number of times, if any, that a pupil

is allowed to take the end-of-course examinations if the pupil fails to pass

the examinations after the first administration.

      2.  The Department shall review the

pamphlet on an annual basis and make such revisions to the pamphlet as it

considers necessary to ensure that pupils and their parents or legal guardians

fully understand the end-of-course examinations and the college and career

readiness assessment.

      3.  On or before September 1, the

Department shall provide a copy of the pamphlet or revised pamphlet to the

board of trustees of each school district and the governing body of each

charter school that includes pupils enrolled in a junior high, middle school or

high school grade level.

      4.  The board of trustees of each school

district shall provide a copy of the pamphlet to each junior high, middle

school or high school within the school district for posting. The governing

body of each charter school shall ensure that a copy of the pamphlet is posted

at the charter school. Each principal of a junior high, middle school, high

school or charter school shall ensure that the teachers, counselors and

administrators employed at the school fully understand the contents of the

pamphlet.

      5.  On or before October 1, the:

      (a) Board of trustees of each school district

shall provide a copy of the pamphlet to each pupil who is enrolled in a junior

high, middle school or high school of the school district and to the parents or

legal guardians of such a pupil.

      (b) Governing body of each charter school shall provide

a copy of the pamphlet to each pupil who is enrolled in the charter school at a

junior high, middle school or high school grade level and to the parents or

legal guardians of such a pupil.

      (Added to NRS by 2001, 1089; A 2003, 889; 2007, 1079; 2013, 3271)—(Substituted

in revision for NRS 389.0173)

      NRS 389.810  Issuance of standard high school diploma to certain veterans who

left high school to serve in Armed Forces.

      1.  Notwithstanding any provision of this

title to the contrary, a person who:

      (a) Left high school before graduating to serve

in the Armed Forces of the United States during:

             (1) World War II and so served at any time

between September 16, 1940, and December 31, 1946;

             (2) The Korean War and so served at any

time between June 25, 1950, and January 31, 1955; or

             (3) The Vietnam Era and so served at any

time between January 1, 1961, and May 7, 1975;

      (b) Was discharged from the Armed Forces of the

United States under honorable conditions; and

      (c) As a result of his or her service in the

Armed Forces of the United States, did not receive a high school diploma,

Ê shall be

deemed to have earned sufficient credits to receive a standard high school

diploma.

      2.  A school district may, upon request,

issue a standard high school diploma to any person who meets the requirements

set forth in subsection 1. A school district may issue a standard high school

diploma to such a person even if the person:

      (a) Holds a general educational development

credential or an equivalent document; or

      (b) Is deceased, if the family of the veteran

requests the issuance of the diploma.

      3.  The State Board and the Department of

Veterans Services shall work cooperatively to establish guidelines for

identifying and issuing standard high school diplomas to persons pursuant to

this section.

      4.  A person to whom a standard high school

diploma is issued pursuant to this section shall not be deemed to be a pupil

for the purposes of this title.

      (Added to NRS by 2003, 444; A 2013, 2517,

3279)

MISCELLANEOUS PROVISIONS

      NRS 389.900  Enforcement of contractual penalties or sanctions for failure to

deliver results of examinations on timely basis.  If

the Department enters into a contract with a person or entity to score the

results of an examination that is administered to pupils pursuant to NRS 389.550 or 389.805 or

the college and career readiness assessment administered pursuant to NRS 389.807, and the contract sets forth penalties or

sanctions in the event that the person or entity fails to deliver the scored

results to a school district or charter school on a timely basis, the

Department shall ensure that any such penalties or sanctions are fully

enforced.

      (Added to NRS by 2001, 1205; A 2013, 3280)