[Rev. 5/24/2016 3:37:52 PM--2015]

CHAPTER 390 - TESTING OF PUPILS AND GRADUATION

GENERAL PROVISIONS

NRS 390.005           Definitions. [Replaced in revision by NRS 389.840.] CH. 390

NRS 390.015           Maintenance of Internet website by school districts containing information on available examinations and assessments.

HIGH SCHOOL EQUIVALENCY ASSESSMENT

NRS 390.055           Selection of assessment by State Board; eligibility to take assessment; permission of board of trustees required under certain circumstances; regulations.

NRS 390.065           Disclosure of questions and answers prohibited; exceptions.

CRITERION-REFERENCED EXAMINATIONS

NRS 390.105           Administration of criterion-referenced examinations.

NRS 390.115           Council to Establish Academic Standards for Public Schools required to review and evaluate results of examinations; report of evaluation.

NRS 390.125           Adoption of model to measure achievement of pupils on criterion-referenced examinations; use of model to track progress of individual schools from year to year.

SELECTION AND PURCHASE OF TEXTBOOKS

NRS 390.140           Final selection by State Board; exception for charter schools; accurate portrayal of cultural and racial diversity of society. [Replaced in revision by NRS 389.850.]

NRS 390.160           Contracts by State Board for purchase; provisions of contracts. [Replaced in revision by NRS 389.860.]

USE OF TEXTBOOKS

NRS 390.220           Enforcement by board of trustees of use of prescribed textbooks; exception for charter schools. [Replaced in revision by NRS 389.870.]

NRS 390.230           Use of prescribed textbooks; exceptions; penalty. [Replaced in revision by NRS 389.880.]

ADMINISTRATION AND SECURITY OF EXAMINATIONS

NRS 390.250           Definitions.

NRS 390.255           “Irregularity in testing administration” defined.

NRS 390.260           “Irregularity in testing security” defined.

NRS 390.265           “School official” defined. [Effective through June 30, 2016.]

NRS 390.265           “School official” defined. [Effective July 1, 2016.]

NRS 390.270           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. [Effective through June 30, 2016.]

NRS 390.270           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. [Effective July 1, 2016.]

NRS 390.275           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 390.280           Violation of state or district plan: Duty of Department to investigate; authority of Department to issue subpoenas; enforcement of subpoena by court.

NRS 390.285           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 390.290           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 390.295           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 390.300           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 390.305           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.

PROTECTION FOR DISCLOSURE OF IRREGULARITIES IN TESTING ADMINISTRATION AND SECURITY

NRS 390.350           Definitions.

NRS 390.355           “Assessment” defined.

NRS 390.360           “Examination” defined.

NRS 390.365           “Irregularity in testing administration” defined.

NRS 390.370           “Irregularity in testing security” defined.

NRS 390.375           “Reprisal or retaliatory action” defined.

NRS 390.380           “School official” defined. [Effective through June 30, 2016.]

NRS 390.380           “School official” defined. [Effective July 1, 2016.]

NRS 390.395           Declaration of policy concerning disclosure of irregularities in testing administration and security.

NRS 390.400           Approval for use in public schools; exception for charter schools; actions subject to review by State Board. [Repealed.]

NRS 390.405           School official prohibited from using authority or influence to prevent disclosure of information.

NRS 390.410           School official authorized to file appeal with State Board for reprisal or retaliatory action taken in response to disclosure; hearing; order to desist and refrain; adoption of rules of procedure for hearings.

NRS 390.415           State Board authorized to issue subpoenas during investigation or hearing concerning reprisal or retaliatory action; enforcement of subpoena by court.

NRS 390.420           Use of provisions for harassment prohibited; penalty for willful disclosure of untruthful information.

NRS 390.425           Department required to provide written summary of provisions to school districts and charter schools; distribution of written summary to school officials.

NRS 390.430           Provisions do not abrogate or decrease effect of crimes or punishments.

GRADUATION AND DIPLOMAS

NRS 390.600           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 390.610           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 390.620           Department required to develop and post on Internet website 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 390.630           Issuance of standard high school diploma to certain veterans who left high school to serve in Armed Forces.

MISCELLANEOUS PROVISIONS

NRS 390.800           Limitation on administration; periodic review.

NRS 390.810           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 390.820           Administration of examinations to pupils with disabilities; modifications and accommodations required for certain pupils; State Board required to prescribe alternate examination.

NRS 390.830           Examinations of National Assessment of Educational Progress; regulations requiring selected schools to participate; report of results; report of discrepancies.

NRS 390.840           Enforcement of contractual penalties or sanctions for failure to deliver results of examinations on timely basis.

_________

GENERAL PROVISIONS

      NRS 390.005  Definitions.  [Replaced in revision by NRS 389.840.]

 

      NRS 390.015  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 390.610.

      2.  The examinations required pursuant to NRS 390.600.

      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) — (Substituted in revision for NRS 389.004)

HIGH SCHOOL EQUIVALENCY ASSESSMENT

      NRS 390.055  Selection of assessment by State Board; eligibility to take assessment; permission of board of trustees required under certain circumstances; regulations.

      1.  The State Board shall select an assessment which enables a person who satisfies the requirements of subsection 2 or 3, as applicable, to demonstrate that he or she has achieved an educational level which is an acceptable substitute for completing a high school education.

      2.  A person who:

      (a) Is 17 years of age or older;

      (b) If he or she is at least 17 years of age but less than 18 years of age, submits to the State Board written permission signed by his or her parent or legal guardian;

      (c) Has not graduated from a high school;

      (d) Is not currently enrolled in a high school; and

      (e) Satisfies any other requirements prescribed by the State Board,

Ê may take the high school equivalency assessment selected by the State Board.

      3.  The board of trustees of a school district may, upon request and for good cause shown, grant permission to take the high school equivalency assessment selected by the State Board to a person who:

      (a) Resides in the school district;

      (b) Is at least 16 years of age but less than 17 years of age;

      (c) Submits to the board of trustees written permission signed by his or her parent or legal guardian;

      (d) Has not graduated from a high school;

      (e) Is not currently enrolled in a high school; and

      (f) Satisfies any other requirements prescribed by the board of trustees.

      4.  The State Board may adopt regulations to carry out the provisions of this section.

      (Added to NRS by 1997, 2488; A 2001, 1481; 2013, 3261) — (Substituted in revision for NRS 385.448)

      NRS 390.065  Disclosure of questions and answers prohibited; exceptions.  It is unlawful to disclose the questions contained in the high school equivalency assessment selected by the State Board pursuant to NRS 390.055 and the approved answers used for grading the assessment except:

      1.  To the extent that disclosure is required in the Department’s administration of the assessment.

      2.  That a disclosure may be made to a state officer who is a member of the Executive or Legislative branch to the extent that it is related to the performance of that officer’s duties.

      (Added to NRS by 1983, 768; A 2013, 3261) — (Substituted in revision for NRS 385.451)

CRITERION-REFERENCED EXAMINATIONS

      NRS 390.105  Administration of criterion-referenced examinations.

      1.  The State Board shall, in consultation with the Council to Establish Academic Standards for Public Schools, 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 language arts and mathematics.

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

      (c) For grades 9, 10, 11 and 12, in the standards of content established by the Council for the subjects required to comply with 20 U.S.C. § 6311(b)(3).

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 to Establish Academic Standards for Public Schools, prescribe a writing examination for grades 5 and 8.

      3.  The State Board shall prescribe:

      (a) The minimum number of school days that must take place before the examinations prescribed by the State Board pursuant to subsection 1 may be administered to pupils; and

      (b) The period during which the examinations prescribed by the State Board pursuant to subsection 1 must be administered.

      4.  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 at such times as prescribed by the State Board pursuant to subsection 3. The examinations must be:

      (a) 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.

      (b) Administered in each school in accordance with the plan adopted pursuant to NRS 390.270 by the Department and with the plan adopted pursuant to NRS 390.275 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; 2015, 1083, 2098) — (Substituted in revision for NRS 389.550)

      NRS 390.115  Council to Establish Academic Standards for Public Schools required to review and evaluate results of examinations; report of evaluation.

      1.  The Council to Establish Academic Standards for Public Schools shall review the results of pupils on the examinations administered pursuant to NRS 390.105, 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 to Establish Academic Standards for Public Schools 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 to Establish Academic Standards for Public Schools 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) — (Substituted in revision for NRS 389.570)

      NRS 390.125  Adoption of model to measure achievement of pupils on criterion-referenced examinations; use of model to track progress of individual schools from year to year.

      1.  The Department shall adopt a model to measure the achievement of pupils enrolled in grades 3 to 8, inclusive, based upon the results of the examinations administered pursuant to NRS 390.105. The model must be designed so that the progress of pupils enrolled in a public school may be tracked from year to year to determine whether the school has made progress in the achievement of pupils.

      2.  The board of trustees of each school district and the governing body of each charter school shall apply the model in the format required by the Department. The information collected must be used to determine whether individual schools have made progress in the achievement of pupils.

      (Added to NRS by 2009, 337) — (Substituted in revision for NRS 385.3595)

SELECTION AND PURCHASE OF TEXTBOOKS

      NRS 390.140  Final selection by State Board; exception for charter schools; accurate portrayal of cultural and racial diversity of society.  [Replaced in revision by NRS 389.850.]

 

      NRS 390.160  Contracts by State Board for purchase; provisions of contracts.  [Replaced in revision by NRS 389.860.]

 

USE OF TEXTBOOKS

      NRS 390.220  Enforcement by board of trustees of use of prescribed textbooks; exception for charter schools.  [Replaced in revision by NRS 389.870.]

 

      NRS 390.230  Use of prescribed textbooks; exceptions; penalty.  [Replaced in revision by NRS 389.880.]

 

ADMINISTRATION AND SECURITY OF EXAMINATIONS

      NRS 390.250  Definitions.  As used in NRS 390.250 to 390.305, inclusive, unless the context otherwise requires, the words and terms defined in NRS 390.255, 390.260 and 390.265 have the meanings ascribed to them in those sections.

      (Added to NRS by 2001, 1197) — (Substituted in revision for NRS 389.600)

      NRS 390.255  “Irregularity in testing administration” defined.  “Irregularity in testing administration” means the failure to administer an examination to pupils pursuant to NRS 390.105 or 390.600 or the college and career readiness assessment pursuant to NRS 390.610 in the manner intended by the person or entity that created the examination or assessment.

      (Added to NRS by 2001, 1197; A 2013, 3273) — (Substituted in revision for NRS 389.604)

      NRS 390.260  “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 390.105 or 390.600 or the college and career readiness assessment administered pursuant to NRS 390.610, including, without limitation:

      1.  The failure to comply with security procedures adopted pursuant to NRS 390.270 or 390.275;

      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) — (Substituted in revision for NRS 389.608)

      NRS 390.265  “School official” defined. [Effective through June 30, 2016.]  “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) — (Substituted in revision for NRS 389.612)

      NRS 390.265  “School official” defined. [Effective July 1, 2016.]  “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, the governing body of a charter school or the Achievement School District.

      (Added to NRS by 2001, 1197; A 2015, 3812, effective July 1, 2016) — (Substituted in revision for NRS 389.612)

      NRS 390.270  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. [Effective through June 30, 2016.]

      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 390.105 and 390.600 and the college and career readiness assessment administered pursuant to NRS 390.610.

      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 390.295.

      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) — (Substituted in revision for NRS 389.616)

      NRS 390.270  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. [Effective July 1, 2016.]

      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 390.105 and 390.600 and the college and career readiness assessment administered pursuant to NRS 390.610.

      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, Achievement School District, charter school or Department, or any combination thereof, who are responsible for taking the action; and

             (2) Whether the school district, Achievement 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 390.295.

      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; 2015, 3812, effective July 1, 2016) — (Substituted in revision for NRS 389.616)

      NRS 390.275  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 390.270.

      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 390.610.

      (b) “Examination” means:

             (1) The examinations that are administered to pupils pursuant to NRS 390.105 or 390.600; 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 390.270;

             (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) — (Substituted in revision for NRS 389.620)

      NRS 390.280  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 390.270 may have occurred;

      (b) Has reason to believe that a violation of the plan adopted pursuant to NRS 390.275 may have occurred with respect to an examination that is administered pursuant to NRS 390.105 or 390.600 or the college and career readiness assessment administered pursuant to NRS 390.610; or

      (c) Receives a request pursuant to subparagraph (2) of paragraph (b) of subsection 1 of NRS 390.285 to investigate a potential violation of the plan adopted pursuant to NRS 390.275 with respect to an examination that is administered pursuant to NRS 390.105 or 390.600 or the college and career readiness assessment administered pursuant to NRS 390.610,

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) — (Substituted in revision for NRS 389.624)

      NRS 390.285  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 390.275 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 390.275 may have occurred, the board of trustees shall:

      (a) If the violation is with respect to an examination administered pursuant to NRS 390.105 or 390.600 or the college and career readiness assessment administered pursuant to NRS 390.610, 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 390.105 or 390.600 or the college and career readiness assessment administered pursuant to NRS 390.610, requesting that the Department investigate the incident pursuant to NRS 390.280.

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 390.275.

      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) — (Substituted in revision for NRS 389.628)

      NRS 390.290  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 390.105;

      (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 390.105; 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 390.105 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) — (Substituted in revision for NRS 389.632)

      NRS 390.295  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 390.270. 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 390.305.

      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) — (Substituted in revision for NRS 389.636)

      NRS 390.300  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 390.105 or 390.600 and the college and career readiness assessment administered pursuant to NRS 390.610. 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 390.105, 390.600 or 390.610, and all other personnel who are involved with the administration of the examinations that are administered pursuant to NRS 390.105 or 390.600 or the college and career readiness assessment administered pursuant to NRS 390.610, 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) — (Substituted in revision for NRS 389.644)

      NRS 390.305  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 390.285 and investigations of such irregularities conducted by the Department pursuant to NRS 390.280. 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 390.270 were followed in response to the irregularity;

      (b) The corrective action, if any, taken in response to the irregularity pursuant to NRS 390.295;

      (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 390.285 and each investigation conducted pursuant to NRS 390.280.

      (b) A summary for each school that was required to provide additional administration of examinations pursuant to NRS 390.290. The summary must include, without limitation:

             (1) The identity of the school;

             (2) The type of additional examinations that were administered pursuant to NRS 390.290;

             (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 390.290; and

                   (II) Additional examinations administered pursuant to NRS 390.290.

      (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 390.280.

      (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) — (Substituted in revision for NRS 389.648)

PROTECTION FOR DISCLOSURE OF IRREGULARITIES IN TESTING ADMINISTRATION AND SECURITY

      NRS 390.350  Definitions.  As used in NRS 390.350 to 390.430, inclusive, unless the context otherwise requires, the words and terms defined in NRS 390.355 to 390.380, inclusive, have the meanings ascribed to them in those sections.

      (Added to NRS by 2001, 1209; A 2013, 3283) — (Substituted in revision for NRS 391.600)

      NRS 390.355  “Assessment” defined.  “Assessment” means the college and career readiness assessment administered to pupils in grade 11 pursuant to NRS 390.610.

      (Added to NRS by 2013, 3280) — (Substituted in revision for NRS 391.602)

      NRS 390.360  “Examination” defined.  “Examination” means:

      1.  The examinations that are administered to pupils pursuant to NRS 390.105 or 390.600; and

      2.  Any other examinations which measure the achievement and proficiency of pupils and which are administered to pupils on a district-wide basis.

      (Added to NRS by 2001, 1209, A 2013, 3283) — (Substituted in revision for NRS 391.604)

      NRS 390.365  “Irregularity in testing administration” defined.  “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.

      (Added to NRS by 2001, 1209; A 2013, 3283) — (Substituted in revision for NRS 391.608)

      NRS 390.370  “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 or assessment, including, without limitation:

      1.  The failure to comply with security procedures adopted pursuant to NRS 390.270 or 390.275;

      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, 1209; A 2013, 3283) — (Substituted in revision for NRS 391.612)

      NRS 390.375  “Reprisal or retaliatory action” defined.  “Reprisal or retaliatory action” includes, without limitation:

      1.  Frequent or undesirable changes in the location of an office;

      2.  Frequent or undesirable transfers or reassignments;

      3.  The issuance of letters of reprimand, letters of admonition or evaluations of poor performance;

      4.  A demotion;

      5.  A reduction in pay;

      6.  The denial of a promotion;

      7.  A suspension;

      8.  A dismissal;

      9.  A transfer; or

      10.  Frequent changes in working hours or workdays,

Ê if such action is taken, in whole or in part, because the school official disclosed information concerning irregularities in testing administration or testing security.

      (Added to NRS by 2001, 1209) — (Substituted in revision for NRS 391.616)

      NRS 390.380  “School official” defined. [Effective through June 30, 2016.]  “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, 1209) — (Substituted in revision for NRS 391.620)

      NRS 390.380  “School official” defined. [Effective July 1, 2016.]  “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, the governing body of a charter school or the Achievement School District.

      (Added to NRS by 2001, 1209; A 2015, 3814, effective July 1, 2016) — (Substituted in revision for NRS 391.620)

      NRS 390.395  Declaration of policy concerning disclosure of irregularities in testing administration and security.  It is hereby declared to be the policy of this state that a school official is encouraged to disclose, to the extent not expressly prohibited by law, irregularities in testing administration and testing security, and it is the intent of the Legislature to protect the rights of a school official who makes such a disclosure.

      (Added to NRS by 2001, 1209) — (Substituted in revision for NRS 391.624)

      NRS 390.400  Approval for use in public schools; exception for charter schools; actions subject to review by State Board.  Repealed. (See chapter 371, Statutes of Nevada 2015, at page 2107.)

 

      NRS 390.405  School official prohibited from using authority or influence to prevent disclosure of information.

      1.  A school official shall not directly or indirectly use or attempt to use his or her official authority or influence to intimidate, threaten, coerce, command, influence or attempt to intimidate, threaten, coerce, command or influence another school official in an effort to interfere with or prevent the disclosure of information concerning irregularities in testing administration or testing security.

      2.  As used in this section, “official authority or influence” includes taking, directing others to take, recommending, processing or approving any personnel action such as an appointment, promotion, transfer, assignment, reassignment, reinstatement, restoration, reemployment, evaluation or other disciplinary action.

      (Added to NRS by 2001, 1210) — (Substituted in revision for NRS 391.628)

      NRS 390.410  School official authorized to file appeal with State Board for reprisal or retaliatory action taken in response to disclosure; hearing; order to desist and refrain; adoption of rules of procedure for hearings.

      1.  If any reprisal or retaliatory action is taken against a school official who discloses information concerning irregularities in testing administration or testing security within 2 years after the information is disclosed, the school official may file a written appeal with the State Board for a hearing on the matter and determination of whether the action taken was a reprisal or retaliatory action. The written appeal must be accompanied by a statement that sets forth with particularity:

      (a) The facts and circumstances pursuant to which the disclosure of information concerning irregularities in testing administration or testing security was made; and

      (b) The reprisal or retaliatory action that is alleged to have been taken against the school official.

Ê The hearing must be conducted in accordance with the rules of procedure adopted by the State Board pursuant to subsection 4.

      2.  If the State Board determines that the action taken was a reprisal or retaliatory action, it may issue an order directing the proper person to desist and refrain from engaging in such action.

      3.  The State Board may not rule against the school official based on the identity of the person or persons to whom the information concerning irregularities in testing administration or testing security was disclosed.

      4.  The State Board shall adopt rules of procedure for conducting a hearing pursuant to this section.

      (Added to NRS by 2001, 1210) — (Substituted in revision for NRS 391.632)

      NRS 390.415  State Board authorized to issue subpoenas during investigation or hearing concerning reprisal or retaliatory action; enforcement of subpoena by court.

      1.  During any stage of an investigation or hearing concerning allegations of reprisal or retaliatory action, the State Board may issue a subpoena to compel the attendance or testimony of a witness or the production of any relevant materials, including, but not limited to, books, papers, documents, records, photographs, recordings, reports and tangible objects.

      2.  If a witness refuses to attend, testify or produce materials as required by the subpoena, the State Board 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 State Board pursuant to this section; and

      (c) The witness has failed or refused to attend, testify or produce materials as required by the subpoena before the State Board, 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 State Board.

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

      4.  If it appears to the court that the subpoena was regularly issued by the State Board, the court shall enter an order that the witness appear before the State Board 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, 1210) — (Substituted in revision for NRS 391.636)

      NRS 390.420  Use of provisions for harassment prohibited; penalty for willful disclosure of untruthful information.

      1.  No school official may use the provisions of NRS 390.350 to 390.430, inclusive, to harass another school official.

      2.  A person who willfully discloses untruthful information concerning irregularities in testing administration or testing security:

      (a) Is guilty of a misdemeanor; and

      (b) Is subject to appropriate disciplinary action.

      (Added to NRS by 2001, 1211) — (Substituted in revision for NRS 391.640)

      NRS 390.425  Department required to provide written summary of provisions to school districts and charter schools; distribution of written summary to school officials.  Each year, the Department shall provide to the board of trustees of each school district and to the governing body of each charter school a written summary of NRS 390.350 to 390.430, inclusive. Upon receipt of the written summary, the board of trustees or governing body, as appropriate, shall provide a copy of the written summary to all other school officials within the school district or charter school.

      (Added to NRS by 2001, 1211) — (Substituted in revision for NRS 391.644)

      NRS 390.430  Provisions do not abrogate or decrease effect of crimes or punishments.  Except as otherwise provided in NRS 390.420, the provisions of NRS 390.350 to 390.430, inclusive, are intended to be directory and preventive rather than punitive. The provisions of NRS 390.350 to 390.430, inclusive, do not abrogate or decrease the effect of any of the provisions of NRS that define crimes or prescribe punishments with respect to the conduct of school officials.

      (Added to NRS by 2001, 1211) — (Substituted in revision for NRS 391.648)

GRADUATION AND DIPLOMAS

      NRS 390.600  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 390.610;

             (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 390.610.

      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) — (Substituted in revision for NRS 389.805)

      NRS 390.610  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 390.270 and with the plan adopted by the board of trustees of the school district in which the assessment is administered pursuant to NRS 390.275. 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) — (Substituted in revision for NRS 389.807)

      NRS 390.620  Department required to develop and post on Internet website 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 390.600 and the college and career readiness assessment administered pursuant to NRS 390.610 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:

      (a) Provide an electronic 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; and

      (b) Post a copy of the pamphlet or revised pamphlet on the Internet website maintained by the Department.

      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; 2015, 2098) — (Substituted in revision for NRS 389.809)

      NRS 390.630  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) — (Substituted in revision for NRS 389.810)

MISCELLANEOUS PROVISIONS

      NRS 390.800  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) — (Substituted in revision for NRS 389.006)

      NRS 390.810  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) — (Substituted in revision for NRS 389.011)

      NRS 390.820  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 390.105 or 390.600 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 390.105 or 390.600 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) — (Substituted in revision for NRS 389.0115)

      NRS 390.830  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 390.105 and the examinations administered pursuant to NRS 390.600, 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 language arts and mathematics established pursuant to NRS 389.520 with the standards for English language arts 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 390.105 and the examinations administered pursuant to NRS 390.600.

      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; 2015, 2094) — (Substituted in revision for NRS 389.012)

      NRS 390.840  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 390.105 or 390.600 or the college and career readiness assessment administered pursuant to NRS 390.610, 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) — (Substituted in revision for NRS 389.900)