SUMMARY--Requires department of education to evaluate performance of public schools. (BDR 34-1473)
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; requiring the department of education to evaluate the performance of public schools; requiring certain notice of the evaluation of a school; placing a school under certain circumstances on academic probation based upon its evaluation; requiring the governor under certain circumstances to establish a panel to review the academic probation of a school; and providing other matters properly relating thereto.
Whereas, Many public schools in the State of Nevada are performing at levels of high achievement and deserve statewide recognition and praise; and
Whereas, Some public schools in the State of Nevada are not performing at similar levels of high achievement and should not be neglected, but rather should receive sustained assistance and additional accountability to improve the achievements of pupils as well as teachers, administrators and other educational personnel; and
Whereas, Each teacher, administrator and official of a public school in the State of Nevada should be held accountable for the attendance, conduct and academic performance of each pupil who is enrolled in that school; and
Whereas, The Department of Education should be charged with the duty of evaluating the performance of the public schools and identifying which schools are in need of assistance and additional accountability; now, therefore,
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1 Chapter 385 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 14, inclusive, of this act.
Sec. 2 The department shall, on or before July 1 of each year, evaluate each public school and, based upon the information submitted by each school district pursuant to NRS 385.347, classify the performance of each school within the district as meriting one of the following designations:
1. Performing at a level of high achievement in accordance with section 3 of this act;
2. Performing at a level of satisfactory achievement in accordance with section 5 of this act; or
3. Performing at a level which requires attention in accordance with section 4 of this act.
Sec. 3 1. Except as otherwise provided in subsection 2, the department shall designate a school as performing at a level of high achievement if the information submitted by the school pursuant to NRS 385.347 demonstrates that:
(a) The percentage of pupils enrolled in the school who took the examinations conducted pursuant to NRS 389.015, or other examinations prescribed by the department pursuant to section 14 of this act, is at least equal to the percentage of pupils who are required to take such examinations, as prescribed by the department pursuant to section 14 of this act;
(b) The pupils enrolled in the school who took the examinations conducted pursuant to NRS 389.015, or other examinations prescribed by the department pursuant to section 14 of this act, received an average score on those examinations that is at least equal to the 75th percentile of the reference group of pupils used by the department pursuant to section 14 of this act;
(c) The ratio of the number of incidents involving weapons or violence to the number of pupils enrolled in the school is a ratio which is deemed to be acceptable according to the regulations adopted by the department pursuant to section 14 of this act; and
(d) The ratio of the number of incidents involving the use or possession of alcoholic beverages or controlled substances to the number of pupils enrolled in the school is a ratio which is deemed to be acceptable according to the regulations adopted by the department pursuant to section 14 of this act.
2. In addition to the requirements of subsection 1, the department may require a school which seeks a designation as performing at a level of high achievement to demonstrate that, based upon the information submitted by the school pursuant to NRS 385.347:
(a) The average daily attendance of pupils who are enrolled in the school is more than 95 percent;
(b) The average daily attendance of teachers who provide instruction at the school is more than 95 percent;
(c) The annual rate of pupils in grades 9 to 12, inclusive, who drop out of the school is not more than 5 percent; or
(d) The level of participation of parents in activities relating to the school meets the level deemed to be acceptable according to the regulations adopted by the department pursuant to section 14 of this act.
Sec. 4 1. The department shall designate a school as performing at a level which requires attention if the information submitted by the school pursuant to NRS 385.347 demonstrates that:
(a) The percentage of pupils enrolled in the school who took the examinations conducted pursuant to NRS 389.015, or other examinations prescribed by the department pursuant to section 14 of this act, is less than the percentage of pupils who are required to take such examinations, as prescribed by the department pursuant to section 14 of this act;
(b) The pupils enrolled in the school who took the examinations conducted pursuant to NRS 389.015, or other examinations prescribed by the department pursuant to section 14 of this act, received an average score on those examinations that is at or below the 25th percentile of the reference group of pupils used by the department pursuant to section 14 of this act;
(c) The ratio of the number of incidents involving weapons or violence to the number of pupils enrolled in the school is a ratio which is deemed to be unacceptable according to the regulations adopted by the department pursuant to section 14 of this act; or
(d) The ratio of the number of incidents involving the use or possession of alcoholic beverages or controlled substances to the number of pupils enrolled in the school is a ratio which is deemed to be unacceptable according to the regulations adopted by the department pursuant to section 14 of this act.
2. The department may designate a school as performing at a level which requires attention if the information submitted by the school pursuant to NRS 385.347 demonstrates that:
(a) The average daily attendance of pupils who are enrolled in the school is less than 90 percent;
(b) The average daily attendance of teachers who provide instruction at the school is less than 90 percent;
(c) The annual rate of pupils in grades 9 to 12, inclusive, who drop out of the school is more than 10 percent; or
(d) The level of participation of parents in activities relating to the school is less than the level deemed to be acceptable according to the regulations adopted by the department pursuant to section 14 of this act.
Sec. 5 If the department does not designate a school as performing at a level of high achievement pursuant to section 3 of this act or as performing at a level which requires attention pursuant to section 4 or 6 of this act, the department shall designate the school as performing at a level of satisfactory achievement.
Sec. 6 1. The department shall designate a school as performing at a level which requires attention if the profile of information maintained by the department pursuant to subsection 5 of NRS 385.347 for the immediately preceding 3 years demonstrates that:
(a) The percentage of pupils enrolled in the school who:
(1) Took the examinations conducted pursuant to NRS 389.015, or other examinations prescribed by the department pursuant to section 14 of this act; and
(2) Received scores which were at least equal to the average scores of the reference group of pupils used by the department pursuant to section 14 of this act,
cumulatively declined by 15 percent or more during the 3 years;
(b) The ratio of the number of incidents involving weapons or violence to the number of pupils enrolled in the school increased in each of the 3 years; or
(c) The ratio of the number of incidents involving the use or possession of alcoholic beverages or controlled substances to the number of pupils enrolled in the school increased in each of the 3 years.
2. In addition to the factors considered pursuant to subsection 1, the department may designate a school as performing at a level which requires attention if the profile of information for the school for the immediately preceding 3 years demonstrates that:
(a) The average daily attendance of pupils who are enrolled in the school decreased in each of the 3 years;
(b) The average daily attendance of teachers who provide instruction at the school decreased in each of the 3 years;
(c) The annual rate of pupils in grades 9 to 12, inclusive, who dropped out of the school increased in each of the 3 years; or
(d) The level of participation of parents in activities relating to the school declined in each of the 3 years.
Sec. 7 1. If the department designates a school as performing at a level of high achievement pursuant to section 3 of this act and the provisions of subsection 2 of this section do not apply, the department shall:
(a) Facilitate the preparation and presentation of a letter of excellence to the school from the governor and the superintendent of public instruction; and
(b) Provide a copy of the letter of excellence to the:
(1) Principal of the school;
(2) Superintendent of schools of the school district; and
(3) Board of trustees of the school district.
2. If the department designates a school as performing at a level of high achievement pursuant to section 3 of this act for 2 or more consecutive years, the department shall:
(a) Facilitate the preparation and presentation of a plaque of excellence to the school from the governor and the superintendent of public instruction which states the name of the school and the year in which the school received the award; and
(b) Provide written notice of the award of the plaque of excellence to:
(1) The principal of the school;
(2) The superintendent of schools of the school district;
(3) The board of trustees of the school district; and
(4) A newspaper of general circulation in the county in which the school district is located.
Sec. 8 1. If a school receives a designation as performing at a level which requires attention pursuant to section 4 or 6 of this act, the department shall provide written notice of the designation to the principal of the school, the superintendent of schools of the school district and the board of trustees of the school district.
2. If a school receives two consecutive designations as performing at a level which requires attention pursuant to section 4 or 6 of this act, the department shall:
(a) Place the school on academic probation;
(b) On or before July 15, provide written notice of the academic probation to the principal of the school, the superintendent of schools of the school district and the board of trustees of the school district; and
(c) Review the plan for improvement submitted by the school pursuant to section 9 of this act and make such revisions to the plan as the department considers necessary to correct the problems and factors identified in the plan.
3. If a school receives three or more consecutive designations as performing at a level which requires attention pursuant to section 4 or 6 of this act, the department shall:
(a) Continue the academic probation of the school; and
(b) On or before July 15, provide written notice of the academic probation to:
(1) The principal of the school;
(2) The superintendent of schools of the school district;
(3) The board of trustees of the school district;
(4) The governor;
(5) The director of the legislative counsel bureau for transmission to the majority leader of the senate and the speaker of the assembly;
(6) The superintendent of public instruction;
(7) The state board; and
(8) At least one newspaper of general circulation in the county in which the school district is located.
Sec. 9 1. If a school receives a designation as performing at a level which requires attention pursuant to section 4 or 6 of this act, the school shall, on or before August 30, adopt a plan for improvement of the school for the next succeeding school year. Such a plan must be established for each year that the school receives a designation as performing at a level which requires attention. The plan for improvement of the school must:
(a) Describe all problems and factors that the principal of the school and the board of trustees of the school district have identified as contributing to the designation of the school as performing at a level which requires attention;
(b) Describe the actions that the principal of the school will take to correct the problems and factors which are identified;
(c) Set forth a schedule of when each problem and factor identified will be corrected;
(d) If the school has received a designation as performing at a level which requires attention within any of the immediately preceding 5 years, include a report of the progress of the school in achieving the goals set forth in each previous such plan for improvement, containing at least:
(1) A description of the problems and factors that were identified as contributing to the previous designation;
(2) A report of the action that was taken to correct those problems and factors; and
(3) If the action taken did not comply with the schedule prescribed in the plan for improvement, a description of the reasons why the school did not comply with that schedule; and
(e) The signatures of the school principal, the superintendent of schools for the school district and the president of the board of trustees of the school district.
2. The school shall provide a separate copy of the plan for improvement to the board of trustees of the school district and the superintendent of schools of the school district for their reference. The school shall submit a copy of the plan to the department for its review. If the department makes any revisions to the plan, the school shall comply with those revisions and incorporate those revisions into the final version of the plan.
3. Once the plan for improvement contains the signatures required pursuant to subsection 1, it is a public record, and the school shall, upon request, make the plan available for public inspection.
Sec. 10 In addition to the requirements of section 9 of this act, if a school receives three or more consecutive designations as performing at a level which requires attention, the school shall, on or before October 1, provide a written notice to each parent or legal guardian of a pupil who is enrolled in the school. The written notice must:
1. Explain that in accordance with section 8 of this act, the school was placed on academic probation;
2. Provide a summary of each plan for improvement adopted by the school pursuant to section 9 of this act, including, without limitation, a description of the:
(a) Problems and factors identified in each plan as contributing to the designation of the school as performing at a level which requires attention; and
(b) Progress of the school toward correcting those problems and factors;
3. Include notice of the availability of the full text of each plan for improvement pursuant to subsection 3 of section 9 of this act;
4. Describe the purpose of the panel to supervise the academic probation of the school established pursuant to section 11 of this act; and
5. Contain the signature of each member of the board of trustees of the school district.
Sec. 11 Except as otherwise provided in section 13 of this act, if a school receives three or more consecutive designations as performing at a level which requires attention pursuant to section 4 or 6 of this act, the department shall, on or before August 15, establish a panel to supervise the academic probation of the school. A panel to supervise the academic probation of a school must consist of the superintendent of schools of the school district in which the school on academic probation is located, or his designee, and seven additional members appointed by the governor as follows:
1. A principal, or his designee, from a school:
(a) Other than the school which is on academic probation; and
(b) Within the school district in which the school on academic probation is located;
2. A teacher from a school:
(a) Other than the school which is on academic probation; and
(b) Within the school district in which the school on academic probation is located;
3. A parent of a pupil who is enrolled in the school or a member of the general public who resides in the zone of attendance of the school which is on academic probation, other than an employee of the school district or a relative of an employee of the school district;
4. Three members representing school districts other than the school district in which the school on academic probation is located, as follows:
(a) A superintendent of schools or his designee;
(b) A principal or his designee; and
(c) A teacher; and
5. A member of the general public.
Sec. 12 1. A panel to supervise the academic probation of a school established pursuant to section 11 of this act shall:
(a) Obtain from the school the final version of each plan for improvement adopted by the school pursuant to section 9 of this act;
(b) Identify and investigate the problems and factors at the school which contributed to the three consecutive designations of the school as performing at a level which requires attention;
(c) Hold a public meeting to discuss the terms of the academic probation and the actions that the school will be required to take to increase the performance of the school sufficiently to merit a determination to end the academic probation;
(d) Not more than 6 months after the panel is established, prepare a written report that includes an analysis of those problems and factors of the school and the recommended actions that the school must take to correct those problems and factors, including, without limitation:
(1) Issues relating to administrative personnel of the school;
(2) Issues relating to teachers and other educational personnel at the school;
(3) Issues relating to financial circumstances of the school; and
(4) Any other issues that the panel believes may be contributing to the designation of the school as performing at a level which requires attention;
(e) Submit a copy of the written report to the principal of the school, the board of trustees of the school district, the superintendent of schools of the school district, the superintendent of public instruction, the state board, the majority leader of the senate, the minority leader of the senate, the speaker of the assembly, the minority leader of the assembly, the governor and a newspaper of general circulation in the county in which the school district is located;
(f) Make the written report available, upon request, to each parent or legal guardian of a pupil who is enrolled in the school; and
(g) Make revisions to the plan for improvement adopted by the school pursuant to section 9 of this act if necessary to ensure that the plan complies with the recommendations contained in the written report.
2. The school shall, not more than 6 months after receipt of the written report:
(a) Comply with all requirements contained in the written report and all other recommendations of the panel; and
(b) Submit to the panel a written report of the progress of the school which provides proof satisfactory to the panel that the school has complied with all requirements contained in the written report and any other recommendations of the panel.
3. The department shall submit to the panel a copy of the evaluation of the school for the school year succeeding the establishment of the panel. If the school does not receive a designation as performing at a level of high achievement or satisfactory achievement, the panel shall take such action pursuant to subsection 1 as it considers necessary to ensure that the school takes action to improve its designation.
Sec. 13 1. If a school receives three or more consecutive designations as performing at a level which requires attention pursuant to section 4 or 6 of this act, the school may submit to the department a request for a waiver of the requirement for the establishment of a panel to supervise the academic probation of the school. The department may grant such a waiver if the yearly profile of information for the school maintained by the department pursuant to subsection 5 of NRS 385.347 demonstrates to the satisfaction of the department that the school has improved in each of the 3 years covered by the profile.
2. The department shall adopt regulations prescribing:
(a) The process by which a school may apply for a waiver pursuant to subsection 1; and
(b) Any other requirements of an applicant that the department considers necessary for a school to receive a waiver.
Sec. 14 The department shall adopt regulations which prescribe:
1. The examinations it will use to measure the performance of pupils when evaluating a school pursuant to sections 3 to 6, inclusive, of this act, and the reference groups of pupils to which the results of the examinations must be compared.
2. The percentage of pupils who are enrolled in a school who must take the examinations prescribed by the department pursuant to subsection 1.
3. The ratio, expressed per pupil, of the number of incidents involving weapons or violence occurring at a school to the number of pupils enrolled in the school which the department will deem:
(a) Acceptable; and
(b) Unacceptable,
when evaluating a school pursuant to sections 3 to 6, inclusive, of this act.
4. The ratio, expressed per pupil, of the number of incidents involving the use or possession of alcoholic beverages or controlled substances by pupils enrolled in a school to the total number of pupils enrolled in the school which the department will deem:
(a) Acceptable; and
(b) Unacceptable,
when evaluating a school pursuant to sections 3 to 6, inclusive, of this act.
5. A level of participation in the activities of a school by parents of pupils for which a school may receive:
(a) A designation as performing at a level of high achievement pursuant to section 3 of this act; or
(b) A designation as performing at a level which requires attention pursuant to section 4 or 6 of this act.
Sec. 15 NRS 385.347 is hereby amended to read as follows:
385.3471. The board of trustees of each school district in this state, in cooperation with associations recognized by the state board as representing licensed personnel in education in the district, shall adopt a program providing for the accountability of the school district to the residents of the district and to the state board for the quality of the schools and the educational achievement of the pupils in the district.
2. The board of trustees of each school district shall, on or before March 31 of each year, report to the residents of the district concerning:
(a) The educational goals and objectives of the school district.
(b) Pupil achievement for grades 4, 8 and 11 for each school in the district and the district as a whole. Unless otherwise directed by the department, the board of trustees of the district shall base its report on the results of the examinations administered pursuant to NRS 389.015 and shall compare the results of those examinations for the current school year with those of previous school years. In addition, the board shall also report the results of other examinations of pupil achievement administered to each pupil in the school district in grades other than 4, 8 and 11. The results of these examinations for the current school year must be compared with those of previous school years.
(c) The ratio of pupils to teachers in kindergarten and at each grade level for each elementary school in the district and the district as a whole, the average class size for each required course of study for each secondary school in the district and the district as a whole, and other data concerning licensed and unlicensed employees of the school district.
(d) A comparison of the types of classes that each teacher has been assigned to teach with the qualifications and licensure of the teacher, for each school in the district and the district as a whole.
(e) The total expenditure per pupil for each school in the district and the district as a whole.
(f) The curriculum used by the school district, including any special programs for pupils at an individual school.
(g) Records of the attendance and truancy of pupils in all grades, including, without limitation, the average daily attendance of pupils, for each school in the district and the district as a whole.
(h) The annual rate of pupils who drop out of school in grades 9 to 12, inclusive, for each such grade, for each school in the district and for the district as a whole.
(i) Records of attendance of teachers who provide instruction for each school in the district and the district as a whole.
(j) The level of participation in the activities relating to a school by the parents of pupils who are enrolled in a school in the district, measured in accordance with the regulations of the department;
(k) Efforts made by the school district and by each school in the district to increase communication with the parents of pupils in the district.
[(j)] (l) Records of incidents involving weapons or violence for each school in the district.
[(k)] (m) Records of incidents involving the use or possession of alcoholic beverages or controlled substances for each school in the district.
(n) Records of the suspension and expulsion of pupils required or authorized pursuant to NRS 392.466 and 392.467.
[(l)] (o) The transiency rate of pupils for each school in the district and the district as a whole.
[(m)] (p) Each source of funding for the school district.
[(n)] (q) Such other information as is directed by the superintendent of public instruction.
3. The superintendent of public instruction shall:
(a) Prescribe forms for the reports required pursuant to subsection 2 and provide the forms to the respective school districts.
(b) Provide statistical information and technical assistance to the school districts to ensure that the reports provide comparable information with respect to each school in each district and among the districts.
(c) Consult with a representative of:
(1) The Nevada State Education Association;
(2) The Nevada Association of School Boards;
(3) The Nevada Association of School Administrators; and
(4) The Nevada Parent Teachers Association,
concerning the program and consider any advice or recommendations submitted by the representatives with respect to the program.
4. On or before April 15 of each year, the board of trustees of each school district shall submit to the state board and the department the report made pursuant to subsection 2. On or before June 15 of each year, the board of trustees of each school district shall submit to the state board [:] and the department:
(a) A separate report summarizing the effectiveness of the district's program of accountability during the school year; and
(b) A description of the efforts the district has made to correct deficiencies identified in the report submitted pursuant to paragraph (a).
5. The department shall maintain a record of the information that it receives from each school pursuant to this section in such a manner as will allow the department to create for each school a yearly profile of information.
6. On or before February 1 of each year, the superintendent of public instruction shall analyze the information submitted to the state board and report to the legislature concerning the effectiveness of the programs of accountability adopted pursuant to this section. In even-numbered years, the report must be submitted to the legislative commission.
Sec. 16 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. 17 1. This section and sections 14, 15 and 16 of this act become effective on July 1, 1997.
2. Sections 1 to 13, inclusive, of this act, become effective on January 1, 1998.