SUMMARY--Creates council for development of standards of content and performance in education. (BDR 34-1475)
FISCAL NOTE: Effect on Local Government: Yes.
Effect on the State or on Industrial Insurance: Yes.
EXPLANATION - Matter in italics is new; matter in brackets [ ] is material to be omitted.
AN ACT relating to education; creating the council for the development of standards of content and performance in education; prescribing the membership and duties of the council; requiring the board of trustees of each school district to adopt and incorporate the standards into the curriculum used by the public schools; and providing other matters properly relating thereto.
Whereas, The global economy of the 21st century will require that the children in the State of Nevada perform at a high level of academic achievement; and
Whereas, It is the obligation of the Governor, Nevada Legislature, Department of Education, State Board of Education, local school districts, educational personnel and parents of this state to develop for the children of this state a system of instruction in which high expectations are consistently imposed and met; and
Whereas, The development of standards of content and performance in education will serve as an anchor for the reform of education in this state by emphasizing equity, accountability and assessment of the achievement and proficiency of pupils; and
Whereas, A newly established council to be known as the Council for the Development of Standards of Content and Performance in Education will be charged with the duty of establishing standards of content and performance in certain courses of study that are taught in the public schools of this state; and
Whereas, The State Board of Education and local school districts will be charged with the duty of adopting and implementing the standards of content and performance into the curriculum used by the public schools; now, therefore,
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1 NRS 385.110 is hereby amended to read as follows:
385.110[The]
1. Except as otherwise provided in subsection 2, the state board [of education] shall prescribe and [cause to be enforced] enforce the courses of study for the public schools of this state . [; provided:
1. That high] For those courses of study prescribed by the state board:
(a) High schools may have modified courses of study, subject to the approval of the state board . [of education; and
2. That any]
(b) Any high school offering courses normally accredited as being beyond the level of the 12th grade shall, before offering such courses, have them approved by the state board . [of education.]
2. The state board shall enforce the courses of study for which standards are prescribed in the primary and secondary plans adopted by the council for the development of standards of content and performance in education pursuant to section 11 of this act. For those courses of study:
(a) High schools may have modified courses of study, subject to the approval of the council.
(b) Any high school offering courses normally accredited as being beyond the level of the 12th grade shall, before offering such courses, have them approved by the council.
Sec. 2 NRS 388.020 is hereby amended to read as follows:
388.0201. An elementary school is a public school in which no grade work is given above that included in the eighth grade, according to the [regularly adopted state course] courses of study [.] which are enforced by the state board.
2. A junior high or middle school is a public school in which the sixth, seventh, eighth and ninth grades are taught [under a course] according to the courses of study [prescribed and approved] that are enforced by the state board . [of education.] The school is an elementary or secondary school for the purpose of teachers' certifications.
3. A high school is a public school in which subjects above the eighth grade, according to the [state course] courses of study [,] that are enforced by the state board, may be taught. The school is a secondary school for the purpose of teachers' certifications.
4. A special school is an organized unit of instruction operating with approval of the state board . [of education.]
Sec. 3 NRS 388.030 is hereby amended to read as follows:
388.030The board of trustees of a school district may divide the public schools within the school district into kindergarten, elementary, high school and other permissible departments, and shall employ competent and legally qualified teachers for the instruction of the different departments, if:
1. The division into departments is in accordance with the [state] courses of study and regulations [of] that are enforced by the state board ; [of education;] and
2. There is money for all of the departments, or if money is not available for all of the departments, the division is made in the order in which the departments are named in this section.
Sec. 4 Chapter 389 of NRS is hereby amended by adding thereto the provisions set forth as sections 5 to 15, inclusive, of this act.
Sec. 5 As used in sections 5 to 15, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 6, 7 and 8 of this act have the meanings ascribed to them in those sections.
Sec. 6 "Council" means the council for the development of standards of content and performance in education.
Sec. 7 "Standards of content" means a description that specifically prescribes the knowledge and skills that pupils of each grade must acquire in certain courses of study.
Sec. 8 "Standards of performance" means a description that specifically prescribes and includes concrete examples of the level of achievement and proficiency required of pupils in the standard of content.
Sec. 9 1. The council for the development of standards of content and performance in education is hereby created. The council consists of nine members as follows:
(a) Five members appointed by the governor in accordance with subsection 2;
(b) One member appointed by the majority leader of the senate;
(c) One member appointed by the minority leader of the senate;
(d) One member appointed by the speaker of the assembly; and
(e) One member appointed by the minority leader of the assembly.
2. The governor shall ensure that:
(a) At least one member he appoints possesses knowledge and experience concerning the curriculum used by the public schools, instruction of pupils, assessments of the achievement of pupils and standards for the development of the professional skills required of teachers and other educational personnel.
(b) One member he appoints resides in a county whose population is 400,000 or more.
(c) One member he appoints resides in a county whose population is 35,000 or more, but less than 400,000.
(d) One member he appoints resides in a county whose population is less than 35,000.
No more than two members appointed by the governor may be employees of a school district.
3. Each member of the council must be a resident of this state.
4. One member who is appointed by the governor shall serve as the chairman of the council, as determined by the governor. The chairman shall serve in that position for 2 years. The governor shall select a chairman every 2 years.
5. After the initial terms, the term of each member of the council is 4 years. Excluding the initial terms, a member of the council may not serve more than two consecutive terms. 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.
6. The governor may remove any member of the council if the member neglects his duty or commits malfeasance in office, or for other just cause.
7. For each day or portion of a day during which a member of the council attends a meeting of the council or is otherwise engaged in the work of the council, he is entitled to receive the per diem allowance and travel expenses provided for state officers and employees generally.
Sec. 10 1. The department shall provide:
(a) Administrative support;
(b) Equipment; and
(c) Office space,
as is necessary for the council to carry out the provisions of sections 5 to 15, inclusive, of this act.
2. The council may request assistance from any agency of this state if such assistance is necessary for the council to carry out the provisions of sections 5 to 15, inclusive, of this act. To the extent practicable, each agency that receives such a request shall provide the assistance requested.
3. The council shall, on or before January 31 of each year, submit a report of its activities and progress to the director of the legislative counsel bureau for transmission to the legislature, or if the legislature is not in session, for transmission to the legislative commission.
Sec. 11 1. On or before July 1, 1999, the council shall adopt regulations that establish a primary plan which sets forth standards of content and performance for the following courses of study:
(a) Mathematics;
(b) Science;
(c) English, including language, reading, composition and writing; and
(d) Social studies.
The primary plan must include a prescription of the resulting level of achievement, based upon the content of each course, that is expected of pupils in those courses of study.
2. On or before July 1, 2000, the council shall adopt regulations that establish a secondary plan which sets forth standards of content and performance for the following courses of study:
(a) Foreign language;
(b) Computer education;
(c) Physical education; and
(d) The arts.
The secondary plan must include a prescription of the resulting level of achievement, based upon the content of each course, that is expected of pupils in those courses of study.
3. The council shall adopt regulations that prescribe assessments to measure the achievement and proficiency of pupils in the courses of study for which standards are prescribed in the primary and secondary plans. The council shall ensure that the assessments correspond with the assessment of pupil achievement and proficiency required in this state.
4. The primary plan and the secondary plan must include a procedure for adoption by the board of trustees of each school district, including, without limitation:
(a) A schedule that sets forth the time for each board of trustees to incorporate the plan into the curriculum used by each school in the district, which must not be later than 2 years after the adoption of the plan by the council;
(b) A summary of the fiscal effect on the state and local government in carrying out the plan;
(c) A proposed model for the development of the additional skills required of teachers and other educational personnel to carry out the plan; and
(d) A proposed program for the provision of training in the additional skills required of teachers and other educational personnel to carry out the plan.
5. In developing the primary and secondary plans, the council shall:
(a) Hold at least four meetings annually. Each meeting must be held in a different county. At least two of the four annual meetings must be held to hear public testimony concerning the proposed plans.
(b) Consult with educational personnel in the various school districts and with other persons who have knowledge and experience in standards of content and performance.
(c) Consider any standards of content and performance adopted by the Federal Government or by other states.
(d) Ensure that the plans comply with existing statutes which prescribe the specific content of courses of study, including, without limitation, NRS 389.020, 389.030, 389.040 and 389.050.
6. After the adoption of the primary and secondary plans, the council shall:
(a) At least once every 3 years, review the primary and secondary plans and adopt regulations to make any changes that are necessary to the plans; and
(b) At least once every 2 years, review the materials for the development of the additional skills required of teachers and other educational personnel to carry out the primary and secondary plans and adopt regulations to make any changes that are necessary to the materials.
Sec. 12 After the adoption of the primary and secondary plans pursuant to section 11 of this act, the council shall hold at least three public meetings annually in cooperation with the department to address the effectiveness of the primary and secondary plans. At least one meeting must be held:
1. In a county whose population is 400,000 or more.
2. In a county whose population is 35,000 or more, but less than 400,000.
3. In a county whose population is less than 35,000.
Sec. 13 The council shall establish and maintain in one location:
1. Any standards of content and performance adopted by the Federal Government or a federal agency;
2. Any model programs of instruction considered by the council in developing the primary and secondary plans;
3. Any model materials for the development of the additional skills required of teachers and other educational personnel to carry out the primary and secondary plans;
4. Materials used for the assessment of the achievement and proficiency of pupils; and
5. Any other materials collected by the council from school districts in this state and other states and national organizations.
Sec. 14 The council shall, if practicable, develop partnerships with other states to share the costs incurred for the assessment of the achievement and proficiency of pupils.
Sec. 15 1. The state board and the department shall ensure that the board of trustees of each school district adopts and carries out the primary and secondary plans adopted by the council pursuant to section 11 of this act. The state board and the department may adopt regulations to carry out the provisions of this section.
2. The board of trustees of each school district shall:
(a) Comply with the regulations adopted by the council pursuant to subsection 3 of section 11 of this act that prescribe the assessments of the achievement and proficiency of pupils enrolled in each school district;
(b) Support the elimination of any barriers to the provision of an equitable education in the schools by addressing the existence of different learning approaches used by pupils and the needs of pupils of diverse backgrounds and abilities; and
(c) Provide for the development of the additional skills required of teachers and other educational personnel to carry out the primary and secondary plans.
3. After the adoption of each plan by the board of trustees of a school district, the board of trustees shall annually provide notice to each parent or legal guardian of each pupil enrolled in the school district of:
(a) The incorporation of the plan into the curriculum used by each school in the school district; and
(b) The progress of the pupil toward achieving the educational standards set forth in the plan.
Sec. 16 NRS 389.010 is hereby amended to read as follows:
389.0101. Except as otherwise provided in NRS 389.170 and 389.180, boards of trustees of school districts shall enforce in schools the courses of study [prescribed and adopted] enforced by the state board.
2. The board of trustees of each school district shall, in accordance with the procedure for adoption set forth in subsection 4 of section 11 of this act, adopt and incorporate into the curriculum used by each public school in the school district the primary and secondary plans adopted by the council for the development of standards of content and performance in education.
Sec. 17 NRS 389.015 is hereby amended to read as follows:
389.0151. The board of trustees of each school district shall administer examinations in all public schools within its district to determine the achievement and proficiency of pupils in:
(a) [Reading;
(b) Writing; and
(c) Mathematics.] English, including language, reading, composition and writing;
(b) Mathematics;
(c) Science; and
(d) Social studies.
2. The examinations required by subsection 1 must be:
(a) Administered before the completion of grades 4, 8 and 11.
(b) Administered in each school district at the same time. The time for the administration of the examinations must be prescribed by the state board.
(c) Scored by a single private entity that has contracted with the state board to score the examinations. The entity shall report the results of the examinations in the form required by the department.
3. Different standards of proficiency may be adopted for pupils with diagnosed learning disabilities.
4. If a pupil fails to demonstrate adequate achievement on the examination administered before the completion of grade 4 or 8, he may be promoted to the next higher grade, but the results of his examination must be evaluated to determine what remedial study is appropriate. If a pupil fails to pass the proficiency examination administered before the completion of grade 11, he must not be graduated until he is able, through remedial study, to pass the proficiency examination, but he may be given a certificate of attendance, in place of a diploma, if he has reached the age of 17 years.
5. The state board shall prescribe standard examinations of achievement and proficiency to be administered pursuant to subsection 1. The examinations on reading and mathematics prescribed for grades 4 and 8 must be selected from examinations created by private entities and administered to a national reference group, and must allow for a comparison of the achievement and proficiency of pupils in grades 4 and 8 in this state to that of a national reference group of pupils in grades 4 and 8. The questions contained in the examinations and the approved answers used for grading them are confidential, and disclosure is unlawful except:
(a) To the extent necessary for administering and evaluating the examinations.
(b) That a disclosure may be made to a 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.
(c) That specific questions and answers may be disclosed if the superintendent of public instruction determines that the content of the questions and answers is not being used in a current examination and making the content available to the public poses no threat to the security of the current examination process.
Sec. 18 NRS 391.038 is hereby amended to read as follows:
391.038 1. The state board, in consultation with educational institutions in this state which offer courses of study and training for the education of teachers and other educational personnel, shall review and evaluate a course of study and training offered by an educational institution which is designed to provide the education required for:
(a) The licensure of teachers or other educational personnel;
(b) The renewal of licenses of teachers or other educational personnel; or
(c) An endorsement in a field of specialization.
The state board shall ensure that a course of study and training adequately prepares teachers, administrators or other educational personnel to provide instruction in the courses of study prescribed in the primary and secondary plans adopted by the council for the development of standards of content and performance in education pursuant to section 11 of this act. If the course of study and training meets the requirements established by the state board, it must be approved by the state board.
2. The state board may review and evaluate such courses of study and training itself or may recognize a course of study and training approved by a national agency for accreditation acceptable to the board.
3. The state board shall adopt regulations establishing fees for the review by the board of a course of study and training submitted to the board by an educational institution.
4. The state board, in consultation with educational institutions in this state which offer courses of study and training for the education of teachers and other educational personnel, and the Nevada Association of Colleges for Teacher Education and the Nevada Association of Teacher Educators, shall adopt regulations governing the approval by the state board of courses of study and training which are accredited by the National Council [of] for Accreditation of Teacher Education, and those which are not so accredited.
5. If the state board denies or withdraws its approval of a course of study or training, the educational institution is entitled to a hearing and judicial review of the decision of the state board.
Sec. 19 Chapter 396 of NRS is hereby amended by adding thereto a new section to read as follows:
The board of regents shall ensure that the course of study and training for the education of teachers and other educational personnel which is offered within the system adequately prepares teachers, administrators or other educational personnel to provide instruction in the courses of study prescribed in the primary and secondary plans adopted by the council for the development of standards of content and performance in education pursuant to section 11 of this act.
Sec. 20 Each person who is required to appoint a member to the Council for the Development of Standards of Content and Performance in Education pursuant to section 9 of this act shall appoint the members to initial terms as follows:
1. One of the members appointed by the governor must be appointed to a term commencing on July 1, 1997, and expiring on June 30, 2001;
2. Two of the members appointed by the governor, the member appointed pursuant to paragraph (b) of subsection 1 of section 9 of this act and the member appointed pursuant to paragraph (d) of subsection 1 of section 9 of this act, must be appointed to terms commencing on July 1, 1997, and expiring on June 30, 2000; and
3. Two of the members appointed by the governor, the member appointed pursuant to paragraph (c) of subsection 1 of section 9 of this act and the member appointed pursuant to paragraph (e) of subsection 1 of section 9 of this act, must be appointed to terms commencing on July 1, 1997, and expiring on June 30, 1999.
Sec. 21 The provisions of subsection 1 of NRS 354.599 do not apply to any additional expenses of a local government that are related to the provisions of this act.
Sec. 22 1. This section and sections 9 and 21 of this act become effective upon passage and approval.
2. Sections 4 to 8, inclusive, 10 to 16, inclusive, and 18, 19 and 20 of this act become effective on July 1, 1997.
3. Sections 1, 2 and 3 of this act become effective on July 1, 1999.
4. Section 17 of this act becomes effective on July 1, 2002.