- Senate Bill No. 482-Committee on Finance
CHAPTER
473
- AN ACT relating to education; requiring the department of education to evaluate the performance of public schools; placing a school on academic probation under certain circumstances based upon its evaluation; requiring the department under certain circumstances to establish a panel to supervise the academic probation of a school; revising the provisions relating to the accountability of public schools; revising provisions governing the financial reports of a school district; creating a commission on educational technology; revising provisions governing the administration of certain examinations to pupils; requiring pupils to participate in remedial programs under certain circumstances; creating a legislative committee on education; creating a legislative bureau of educational accountability and program evaluation; creating a council to establish academic standards for public schools; requiring the state board of education to adopt the academic standards; making appropriations; and providing other matters properly relating thereto.
[Approved July 16, 1997]children of the State of Nevada perform at a high level of academic achievement; and
Whereas, The public schools of the State of Nevada are central to the mission of the residents of this state to provide the children of this state with an education suitable to their future needs; and
Whereas, It is the obligation of the Governor, the Nevada Legislature, the Department of Education, the 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, An effective accountability plan will allow the public schools within the State of Nevada to meet the needs of pupils who are enrolled in the public schools; and
Whereas, The Nevada Legislature has a constitutional responsibility for Nevada's system of public education; and
Whereas, The Governor and the Nevada Legislature believe that the accountability of the public school system of the State of Nevada will be greatly enhanced by the adoption of the Nevada Education Reform Act of 1997; 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 20, inclusive, of this act.
Sec. 2. As used in sections 2 to 20, inclusive, of this act and NRS 385.347, unless the context otherwise requires, the words and terms defined in sections 3 and 4 of this act have the meanings ascribed to them in those sections.
Sec. 3. "Bureau" means the legislative bureau of educational accountability and program evaluation created pursuant to section 41 of this act.
Sec. 4. "Committee" means the legislative committee on education created pursuant to section 37 of this act.
Sec. 5. The department shall, on or before December 15 of each year:
1. Evaluate the information submitted by each school district pursuant to paragraphs (b) and (g) of subsection 2 of NRS 385.347; and
2. Based upon its evaluation and in accordance with the criteria set forth in sections 6 and 7 of this act, designate each public school within each school district as:
(a) Demonstrating high achievement;
(b) Demonstrating adequate achievement; or
(c) Demonstrating inadequate achievement.
Sec. 6. 1. The department shall designate a public school as demonstrating high achievement if:
(a) The number of pupils who took the examinations administered pursuant to NRS 389.015 is at least equal to 95 percent of the pupils who were required to take the examinations and were not exempt pursuant to the regulations of the department;
(b) At least 50 percent of the pupils enrolled in that school who took the examinations administered pursuant to NRS 389.015 received an average score on those examinations that is at least equal to the 75th percentile of the national reference group of pupils to which the examinations were compared; and
(c) The average daily attendance of pupils who are enrolled in the school and the teachers who provide instruction at the school is more than 95 percent.
2. The department shall designate a public school as demonstrating adequate achievement if:
(a) The number of pupils who took the examinations administered pursuant to NRS 389.015 is at least equal to 90 percent of the pupils who were required to take the examinations and were not exempt pursuant to the regulations of the department;
(b) At least 60 percent of the pupils enrolled in that school who took the examinations administered pursuant to NRS 389.015 received an average score on those examinations that is at least equal to the 26th percentile of the national reference group of pupils to which the examinations were compared; and
(c) The average daily attendance of pupils who are enrolled in the school and the teachers who provide instruction at the school is more than 90 percent.
Sec. 7. The department shall designate a public school as demonstrating inadequate achievement if:
1. Less than 60 percent of the pupils enrolled in that school who took the examinations administered pursuant to NRS 389.015 received an average score on those examinations that is at least equal to the 26th percentile of the national reference group of pupils to which the examinations were compared; or
2. The average daily attendance of pupils who are enrolled in the school and the teachers who provide instruction at the school is less than 90 percent for 3 or more consecutive years based upon the yearly profile of information for the school maintained by the department pursuant to subsection 4 of section 18 of this act.
Sec. 8. As soon as practicable after the department makes a designation pursuant to section 5 of this act, the department shall provide written notice of the designation to the principal of the particular school. In addition, the department shall provide written notice of each such designation as follows:
1. Designations for all of the schools of this state to the:
(a) Governor;
(b) Committee;
(c) Bureau; and
(d) State board.
2. Designations for all of the schools within a school district to the:
(a) Superintendent of schools of the school district; and
(b) Board of trustees of the school district.
Each notice that the department provides pursuant to this section must include, for each school that the department designates as demonstrating inadequate achievement, the number of consecutive years, if any, in which the school has received that designation.
Sec. 9. The department shall maintain a record of the:
1. Information that it receives from each school district pursuant to section 18 of this act; and
2. Designation made for each school pursuant to section 5 of this act,
in such a manner as will allow the department to evaluate the progress of each school in improving the achievement of pupils who are enrolled in the school on the examinations required pursuant to NRS 389.015, the attendance of pupils who are enrolled in the school and the attendance of teachers who provide instruction at the school.
Sec. 10. 1. The department shall adopt programs of remedial study for each subject tested on the examinations administered pursuant to NRS 389.015. In adopting these programs of remedial study, the department shall consider the recommendations submitted by the committee pursuant to section 39 of this act and programs of remedial study that have proven to be successful in improving the academic achievement of pupils.
2. A school that receives a designation as demonstrating inadequate achievement pursuant to section 7 of this act shall ensure that each of its pupils who fails to demonstrate at least adequate achievement on the examinations administered pursuant to NRS 389.015 completes, in accordance with the requirements set forth in subsection 4 of NRS 389.015, a program of remedial study adopted by the department.
Sec. 11. If the department designates a school as demonstrating inadequate achievement pursuant to section 7 of this act and the provisions of sections 12 and 13 of this act do not apply, the board of trustees of the school district in which the school is located shall:
1. Prepare for that school a plan to improve the achievement of the school's pupils as measured by the examinations required pursuant to NRS 389.015.
2. On or before February 15 of the year immediately succeeding the year in which the designation was made, submit the plan to the:
(a) Governor;
(b) Department;
(c) Committee; and
(d) Bureau.
Sec. 12. If the department designates a school as demonstrating inadequate achievement pursuant to section 7 of this act for 2 consecutive years, the department shall:
1. Place the school on academic probation.
2. Prepare for that school a plan to improve the achievement of the pupils who are enrolled in the school as measured by the examinations required pursuant to NRS 389.015.
3. On or before February 15 of the year immediately succeeding the year in which the second designation was made, submit the plan to the:
(a) Board of trustees of the school district in which the school is located;
(b) Governor;
(c) State board;
(d) Committee; and
(e) Bureau.
Sec. 13. If the department designates a school as demonstrating inadequate achievement pursuant to section 7 of this act for 3 or more consecutive years:
1. The department shall:
(a) Continue the academic probation of the school;
(b) Prepare for that school a plan to improve the achievement of the school's pupils as measured by the examinations required pursuant to NRS 389.015; and
(c) Submit the plan to the:
(1) Board of trustees of the school district in which the school is located;
(2) Governor;
(3) State board;
(4) Committee; and
(5) Bureau.
A plan prepared and submitted by the department pursuant to this subsection must contain specific information about the school, including, but not limited to, information concerning the administrative operation of the school, the curriculum of the school and the financial and other resources of the school.
2. The board of trustees of the school district in which the school is located shall, until such time as the school is designated as demonstrating high achievement or adequate achievement pursuant to section 6 of this act, make at least four reports per year to the department, the committee and the governor concerning the progress of the school in carrying out the plan prepared pursuant to subsection 1.
Sec. 14. 1. Except as otherwise provided in subsection 3, in addition to the requirements set forth in sections 12 and 13 of this act, if a school receives two or more consecutive designations as demonstrating inadequate achievement, the department shall, on or before January 15, establish a panel to supervise the academic probation of the school. A panel established pursuant to this section consists of nine members appointed by the superintendent of public instruction as follows:
(a) Two instructors or professors who provide instruction within the University and Community College System of Nevada;
(b) Two representatives of the private sector;
(c) Two parents or legal guardians of pupils who are enrolled in the school; and
(d) Three persons who are licensed educational personnel at public schools within this state. Two of the persons appointed pursuant to this paragraph must be classroom teachers who provide instruction at schools that are not located within the same school district as the school which is the subject of the evaluation.
2. For each day or portion of a day during which a member of the panel attends a meeting of the panel or is otherwise engaged in the work of the panel, he is entitled to receive the per diem allowance and travel expenses provided for state officers and employees generally. The school district in which the school on academic probation is located shall pay the allowances and expenses authorized pursuant to this subsection.
3. If a school receives two or more consecutive designations as demonstrating inadequate achievement, 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 4 of section 18 of this act demonstrates to the satisfaction of the department that the school has significantly improved in each of the immediately preceding 3 years covered by the profile.
4. If the department grants a waiver pursuant to subsection 3, it shall, on or before February 15 of each year, prepare a list that contains the name of each school for which the department has granted a waiver and the justification of the department for granting the waiver. The department shall submit the list to the:
(a) Governor;
(b) State board;
(c) Committee; and
(d) Bureau.
Sec. 15. 1. A panel established pursuant to section 14 of this act shall:
(a) Review the most recent plan prepared by the department for the school pursuant to section 12 or 13 of this act or the plan prepared by the board of trustees of the school district pursuant to section 11 of this act;
(b) Identify and investigate the problems and factors at the school that contributed to the designation of the school as demonstrating inadequate achievement;
(c) Hold a public meeting to discuss the actions that the school will need to take to warrant receiving a designation of demonstrating high achievement or adequate achievement;
(d) On or before April 1, prepare a written report that includes an analysis of the problems and factors at the school which contributed to the designation of the school as demonstrating inadequate achievement, including, but not limited to, issues relating to:
(1) The financial resources of the school;
(2) The administrative and educational personnel of the school;
(3) The curriculum of the school;
(4) The facilities available at the school, including the availability and accessibility of educational technology; and
(5) Any other factors that the panel believes contributed to the designation of the school as demonstrating inadequate achievement;
(e) Submit a copy of the written report to the:
(1) Principal of the school;
(2) Board of trustees of the school district in which the school is located;
(3) Superintendent of schools of the school district in which the school is located;
(4) Superintendent of public instruction;
(5) Governor;
(6) State board;
(7) Department;
(8) Committee; and
(9) Bureau;
(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) In accordance with its findings pursuant to this subsection, adopt revisions to the most recent plan prepared by the department for the school pursuant to section 12 or 13 of this act.
2. The department shall, not more than 1 month after receiving the written report submitted by the panel:
(a) Amend the most recent plan prepared by the department for the school pursuant to section 12 or 13 of this act. In amending the plan, the department shall incorporate the revisions adopted by the panel pursuant to paragraph (g) of subsection 1.
(b) Submit to the panel a copy of an amended plan for the school which demonstrates to the satisfaction of the panel that the department incorporated the revisions adopted by the panel pursuant to paragraph (g) of subsection 1.
3. The department shall submit to the panel a copy of the designation that it gives to the school pursuant to section 5 of this act for the school year immediately succeeding the establishment of the panel. If the school does not earn a designation as demonstrating high achievement or adequate achievement for the school year immediately succeeding the establishment of the panel, the panel shall take such action pursuant to subsection 1 and section 16 of this act as it deems necessary to ensure that the school takes action to improve its designation.
Sec. 16. If a panel established pursuant to section 14 of this act determines that a school has not earned a designation as demonstrating high achievement or adequate achievement for the school year immediately succeeding the establishment of the panel, the panel shall:
1. Hold an additional public meeting to discuss the actions which must be taken to improve the achievement of pupils at the school.
2. On or before April 1, determine whether the superintendent of public instruction shall appoint an administrator to oversee the operation of the school pursuant to section 17 of this act.
Sec. 17. 1. If a panel established pursuant to section 14 of this act determines that an administrator must be appointed to oversee the operation of a school, the superintendent of public instruction shall, on or before May 1, appoint a licensed administrator to do so. The administrator must:
(a) Possess knowledge and experience concerning the administration of public schools.
(b) Be appointed from a list of three qualified persons submitted to the superintendent of public instruction by the panel.
2. An administrator appointed pursuant to this section:
(a) Shall:
(1) Establish and carry out a policy for the management of the school to ensure that the plan prepared by the department pursuant to section 13 of this act and revised by the panel pursuant to section 15 of this act is followed. This subparagraph does not prohibit the administrator from recommending changes to the plan.
(2) On a quarterly basis, make reports to the department, the governor and the committee regarding the progress of the school toward earning a designation of demonstrating high achievement or adequate achievement pursuant to section 6 of this act.
(b) May take any action not prohibited by law to ensure that the performance of the pupils of the school on the examinations administered pursuant to NRS 389.015 improves to such a level that the school is designated as demonstrating high achievement or adequate achievement pursuant to section 6 of this act.
(c) Serves at the pleasure of the superintendent of public instruction and is entitled to receive such compensation as may be set by the superintendent.
3. A school district that contains a school for which an administrator is appointed pursuant to this section shall reimburse the department for any expenses incurred by the department pursuant to subsection 2.
4. If a school for which an administrator is appointed pursuant to this section receives a designation of demonstrating high achievement or adequate achievement pursuant to section 6 of this act, the superintendent of public instruction shall terminate the oversight of the school by the administrator. After the superintendent terminates the oversight of the school, the board of trustees of the school district in which the school is located shall, on a quarterly basis and until such time as the school receives two consecutive designations of demonstrating high achievement or adequate achievement pursuant to section 6 of this act, make reports to the department, the committee and the governor regarding actions taken at the school to maintain that designation.
Sec. 18. 1. On or before April 15 of each year, the board of trustees of each school district shall submit the report required pursuant to subsection 2 of NRS 385.347 to the:
(a) Governor;
(b) State board;
(c) Department;
(d) Committee; and
(e) Bureau.
2. On or before April 15 of each year, the board of trustees of each school district shall submit the information prepared by the board of trustees pursuant to paragraph (q) of subsection 2 of NRS 385.347 to the commission on educational technology created pursuant to section 27 of this act.
3. On or before June 15 of each year, the board of trustees of each school district shall:
(a) Prepare:
(1) A separate written report summarizing the effectiveness of the district's program of accountability during the school year. The report must include:
(I) A review and analysis of the data upon which the report required pursuant to subsection 2 of NRS 385.347 is based; and
(II) The identification of any problems or factors at individual schools that are revealed by the review and analysis.
(2) A written procedure to improve the achievement of pupils who are enrolled in schools within the district, including, but not limited to, a description of the efforts the district has made to correct any deficiencies identified in the written report required pursuant to subparagraph (1). The written procedure must describe sources of data that will be used by the board of trustees to evaluate the effectiveness of the written procedure.
(b) Submit copies of the written report and written procedure required pursuant to paragraph (a) to the:
(1) Governor;
(2) State board;
(3) Department;
(4) Committee; and
(5) Bureau.
4. The department shall maintain a record of the information that it receives from each school district pursuant to this section in such a manner as will allow the department to create for each school a yearly profile of information.
5. The board of trustees of each school district shall ensure that a copy of the written report and written procedure required pursuant to paragraph (a) of subsection 3 is included with the final budget of the school district adopted pursuant to NRS 354.598.
Sec. 19. 1. The bureau shall contract with a person or entity to:
(a) Review and analyze the information submitted to the bureau pursuant to section 18 of this act in accordance with standards prescribed by the committee pursuant to subsection 2 of section 39 of this act;
(b) Consult with each school district regarding any methods by which the district may improve the accuracy of the report required pursuant to subsection 2 of NRS 385.347 and the written report and written procedure required pursuant to section 18 of this act, and the purposes for which the reports and written procedure are used; and
(c) Submit written reports and any recommendations to the committee and the bureau concerning:
(1) The effectiveness of the provisions of sections 2 to 20, inclusive, of this act and NRS 385.347 in improving the accountability of the schools of this state;
(2) The status of each school that is designated as demonstrating inadequate achievement pursuant to section 7 of this act; and
(3) Any other matter related to the accountability of the public schools of this state, as deemed necessary by the bureau.
2. The consultant with whom the bureau contracts to perform the duties required pursuant to subsection 1:
(a) Must possess the experience and knowledge necessary to perform those duties, as determined by the committee; and
(b) Shall complete those duties within 6 months after the bureau provides to the consultant the report required pursuant to subsection 2 of NRS 385.347 and the written report and written procedure required pursuant to section 18 of this act.
Sec. 20. The department shall adopt:
1. Regulations to provide for the recognition of schools that receive a designation as demonstrating high achievement pursuant to subsection 1 of section 6 of this act;
2. Regulations which prescribe the factors that the department will consider in determining whether to grant a waiver from the establishment of a panel to supervise the academic probation of a school pursuant to section 14 of this act, including, without limitation, criteria for determining whether a school has significantly improved; and
3. Such regulations as it deems necessary to carry out the provisions of sections 2 to 9, inclusive, and 11 to 20, inclusive, of this act and NRS 385.347, including, without limitation, uniform standards for the type and format of data that must be submitted by the school districts and the time by which such data must be submitted.
Sec. 21. NRS 385.310 is hereby amended to read as follows:
385.310 The deputy superintendent for administrative and fiscal services, under the direction of the superintendent of public instruction, shall:
1. Determine the apportionment of all state school money to schools of the state as prescribed by law.
2. Develop for public schools of the state a uniform system of budgeting and accounting . [, which system, when approved by] The system must provide for the separate reporting of expenditures for each:
(a) School district; and
(b) School within a school district.
Upon approval of the state board , the system is mandatory for all public schools in [the state,] this state and must be enforced as provided [for] in subsection 2 of NRS 385.315.
3. Carry on a continuing study of school finance in the state, particularly the method by which schools are financed on the state level, and make such recommendations to the superintendent of public instruction for submission to the state board as he deems advisable.
4. Recommend to the superintendent of public instruction for submission to the state board such changes in budgetary and financial procedures as his studies may show to be advisable.
5. Perform such other statistical and financial duties pertaining to the administration and finances of the schools of the state as may be required by the superintendent of public instruction.
6. Prepare for the superintendent of public instruction the biennial budgets of the department for consideration by the state board and submission to the governor.
Sec. 22. NRS 385.347 is hereby amended to read as follows:
385.347 1. 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 , 10 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. The report must include, for each school in the district and each grade in which the examinations were administered:
(1) The number of pupils who took the examinations;
(2) An explanation of instances in which a school was exempt from administering or a pupil was exempt from taking an examination; and
(3) A record of attendance for the period in which the examinations were administered, including an explanation of any difference in the number of pupils who took the examinations and the number of pupils in attendance in that period.
In addition, the board shall also report the results of other examinations of pupil achievement administered to [each pupil] pupils in the school district in grades other than 4, 8 , 10 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) Efforts made by the school district and by each school in the district to increase [communication] :
(1) Communication with the parents of pupils in the district [.
(j)] ; and
(2) The participation of parents in the educational process and activities relating to the school district and each school, including, without limitation, the existence of parent organizations and school advisory committees.
(k) Records of incidents involving weapons or violence for each school in the district.
[(k)] (l) Records of incidents involving the use or possession of alcoholic beverages or controlled substances for each school in the district.
(m) Records of the suspension and expulsion of pupils required or authorized pursuant to NRS 392.466 and 392.467.
[(l)] (n) The transiency rate of pupils for each school in the district and the district as a whole.
[(m)] (o) Each source of funding for the school district.
[(n)] (p) For each high school in the district, the percentage of pupils who graduated from that high school in the immediately preceding year and enrolled in remedial courses in reading, writing or mathematics at a university or community college within the University and Community College System of Nevada.
(q) The technological facilities and equipment available at each school and the district's plan to incorporate educational technology at each school.
(r) 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] the:
(1) Nevada State Education Association;
(2) [The] Nevada Association of School Boards;
(3) [The] Nevada Association of School Administrators [; and
(4) The] ;
(4) Nevada Parent Teachers Association [,] ;
(5) Budget division of the department of administration; and
(6) Legislative counsel bureau,
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 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:
(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. 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. 23. Chapter 388 of NRS is hereby amended by adding thereto the provisions set forth as sections 24 to 28, inclusive, of this act.
Sec. 24. As used in sections 24 to 28, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 25 and 26 of this act have the meanings ascribed to them in those sections.
Sec. 25. "Commission" means the commission on educational technology created pursuant to section 27 of this act.
Sec. 26. "Committee" means the legislative committee on education created pursuant to section 37 of this act.
Sec. 27. 1. The commission on educational technology, consisting of 11 members is hereby created. The superintendent of public instruction and the director of the department of information services shall serve ex officio as nonvoting members of the commission.
2. The governor shall appoint the following voting members to the commission, at least two of whom must reside in a county whose population is less than 100,000:
(a) One administrator in a public school who possesses knowledge and experience in the general application of technology;
(b) One school teacher in a public elementary school who possesses knowledge and experience in the use of educational technology in the public schools;
(c) One school teacher in a public secondary school who possesses knowledge and experience in the use of educational technology in the public schools;
(d) One representative of public libraries who possesses knowledge and experience in the general application of technology;
(e) One representative of the University and Community College System of Nevada who possesses knowledge and experience in the use of educational technology in institutions of higher education;
(f) One representative of the private sector who possesses knowledge and experience in the use of technology; and
(g) One parent or legal guardian who possesses knowledge and experience in the general application of technology.
3. The senate majority leader shall appoint two voting members to the commission:
(a) One of whom is a member of the senate; and
(b) One of whom is employed in the field of technology.
4. The speaker of the assembly shall appoint two members to the committee:
(a) One of whom is a member of the assembly; and
(b) One of whom is employed in the field of technology.
5. The governor shall appoint a chairman among the voting members of the commission.
6. The term of each member of the commission is 2 years, commencing on July 1 of each odd-numbered year and expiring on June 30 of the immediately succeeding odd-numbered year. Upon the expiration of a term of a member, he may be reappointed, if he still possesses any requisite qualifications for appointment. There is no limit on the number of terms that a member may serve.
7. The person or entity who appoints a member to the commission may remove that member if the member neglects his duty or commits malfeasance in office, or for other just cause. Any vacancy in the membership of the commission must be filled for the remainder of the unexpired term in the same manner as the original appointment.
8. The commission shall hold at least four regular meetings each year, and may hold special meetings at the call of the chairman.
9. Members of the commission who are not legislators serve without compensation, except that for each day or portion of a day during which a member of the commission attends a meeting of the commission or is otherwise engaged in the business of the commission, he is entitled to receive the per diem allowance and travel expenses provided for state officers and employees generally.
10. For each day or portion of a day during which a member of the commission who is a legislator attends a meeting of the commission or is otherwise engaged in the work of the commission, except during a regular or special session of the legislature, he is entitled to receive the:
(a) Compensation provided for a majority of the members of the legislature during the first 60 days of the preceding session;
(b) Per diem allowance provided for state officers and employees generally; and
(c) Travel expenses provided pursuant to NRS 218.2207.
The compensation, per diem allowances and travel expenses of the legislative members of the commission must be paid from the legislative fund.
Sec. 28. 1. The commission shall establish a plan for the use of educational technology in the public schools of this state. In preparing the plan, the commission shall consider:
(a) Plans that have been adopted by the department and the school districts in this state;
(b) Plans that have been adopted in other states, including, but not limited to, the Iowa Communications Network;
(c) The information submitted to the commission by the board of trustees of each school district pursuant to subsection 2 of section 18 of this act; and
(d) Any other information that the commission or the committee deems relevant to the preparation of the plan.
2. The plan established by the commission must include recommendations for methods to:
(a) Incorporate educational technology into the public schools of this state;
(b) Increase the number of pupils in the public schools of this state who have access to educational technology;
(c) Increase the availability of educational technology to assist licensed teachers and other educational personnel in complying with the requirements of continuing education, including, but not limited to, the receipt of credit for college courses completed through the use of educational technology;
(d) Facilitate the exchange of ideas to improve the achievement of pupils who are enrolled in the public schools of this state; and
(e) Address the needs of teachers in incorporating the use of educational technology in the classroom, including, but not limited to, the completion of training that is sufficient to enable the teachers to instruct pupils in the use of educational technology.
3. The department shall provide:
(a) Administrative support;
(b) Equipment; and
(c) Office space,
as is necessary for the commission to carry out the provisions of this section.
4. The following entities shall cooperate with the commission in carrying out the provisions of this section:
(a) The state board.
(b) The board of trustees of each school district.
(c) The superintendent of schools of each school district.
(d) The department.
5. The commission shall:
(a) Develop technical standards for educational technology and any electrical or structural appurtenances necessary thereto, including, without limitation, uniform specifications for computer hardware and wiring, to ensure that such technology is compatible, uniform and can be interconnected throughout the public schools of this state.
(b) Allocate money to the school districts from the trust fund for educational technology created pursuant to NRS 393.163 and any money appropriated by the legislature for educational technology, subject to any priorities for such allocation established by the legislature.
(c) Establish criteria for the board of trustees of a school district that receives an allocation of money from the commission to:
(1) Repair, replace and maintain computer systems.
(2) Upgrade and improve computer hardware and software and other educational technology.
(3) Provide training, installation and technical support related to the use of educational technology within the district.
(d) Submit to the governor, the committee and the department its plan for the use of educational technology in the public schools of this state and any recommendations for legislation.
(e) Review the plan annually and make revisions as it deems necessary or as directed by the committee or the department.
(f) In addition to the recommendations set forth in the plan pursuant to subsection 2, make further recommendations to the committee and the department as the commission deems necessary.
6. As used in this section, "public school" includes the Caliente youth center and the Nevada youth training center.
Sec. 29. Chapter 389 of NRS is hereby amended by adding thereto a new section to read as follows:
The state board shall:
1. In accordance with guidelines established by the National Assessment Governing Board and National Center for Education Statistics, 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.
2. Report the results of those examinations to the:
(a) Governor;
(b) Board of trustees of each school district of this state;
(c) Legislative committee on education created pursuant to section 37 of this act; and
(d) Legislative bureau of educational accountability and program evaluation created pursuant to section 41 of this act.
Sec. 30. NRS 389.015 is hereby amended to read as follows:
389.015 1. 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 [.] ; and
(d) Science.
2. The examinations required by subsection 1 must be:
(a) Administered before the completion of grades 4, 8 , 10 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 the department or a single private entity that has contracted with the state board to score the examinations. [The] If a private entity has contracted with the board, 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 at least adequate achievement on the examination administered before the completion of grade 4 [or 8,] , 8 or 10, 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 such a pupil is enrolled at a school that has been designated as demonstrating inadequate achievement pursuant to section 7 of this act, the pupil must, in accordance with the requirements set forth in this subsection, complete a program of remedial study pursuant to section 10 of this act.
5. 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.] 6. The state board shall prescribe standard examinations of achievement and proficiency to be administered pursuant to subsection 1. The examinations on reading , [and] mathematics and science prescribed for grades 4 , [and] 8 and 10 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 and 10 in this state to that of a national reference group of pupils in grades 4 [and 8.] , 8 and 10. 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. 31. NRS 389.017 is hereby amended to read as follows:
389.017 The state board [of education] shall prescribe regulations requiring that each board of trustees of a school district submit to the superintendent of public instruction [,] and the department, in the form and manner prescribed by the superintendent, the results of achievement and proficiency examinations given in the 4th, 8th , 10th and 11th grades [of] to public school pupils in the district. The state board shall not include in the regulations any provision which would violate the confidentiality of the test scores of any individual pupil.
Sec. 32. NRS 393.163 is hereby amended to read as follows:
393.1631. The trust fund for educational technology is hereby created in the state general fund. The trust fund must be administered by the superintendent of public instruction. The superintendent may accept gifts and grants of money from any source for deposit in the trust fund. Any such money may be expended in accordance with the terms and conditions of the gift or grant, or in accordance with subsection 3.
2. The interest and income earned on the money in the trust fund must be credited to the trust fund.
3. The money in the trust fund may be used only [to provide grants] for the distribution of money to [individual public schools] school districts to be used in kindergarten through 12th grade to obtain and maintain hardware and software for computer systems, equipment for transfer of data by modem through connection to telephone lines, and other educational technology as may be approved by the [superintendent of public instruction] commission on educational technology created pursuant to section 27 of this act for use in classrooms.
Sec. 33. NRS 393.165 is hereby amended to read as follows:
393.165The department shall, [by regulation,] in consultation with the commission on educational technology created pursuant to section 27of this act, adopt regulations that establish a program whereby [individual public schools] school districts may apply to the [superintendent of public instruction for grants of] commission on educational technology for money from the trust fund for educational technology.
Sec. 34. Chapter 396 of NRS is hereby amended by adding thereto a new section to read as follows:
The board of regents shall require employees of the system to provide to the board of trustees of each school district of this state, as appropriate, information regarding the:
1. Number of pupils who graduated from a high school in the district in the immediately preceding year and enrolled in remedial courses in reading, writing or mathematics at a university or community college within the system.
2. Costs incurred by the system in providing remedial instruction pursuant to subsection 1.
Sec. 35. Chapter 218 of NRS is hereby amended by adding thereto the provisions set forth as sections 36 to 41, inclusive, of this act.
Sec. 36. As used in sections 36 to 41, inclusive, of this act, unless the context otherwise requires, "committee" means the legislative committee on education.
Sec. 37. 1. The legislative committee on education, consisting of eight legislative members, is hereby created. The membership of the committee consists of:
(a) Four members appointed by the majority leader of the senate, at least one of whom must be a member of the minority political party.
(b) Four members appointed by the speaker of the assembly, at least one of whom must be a member of the minority political party.
2. After the initial selection, the legislative commission shall select the chairman and vice chairman of the committee from among the members of the committee. After the initial selection of those officers, each of those officers holds the position for a term of 2 years commencing on July 1 of each odd-numbered year. The chairmanship of the committee must alternate each biennium between the houses of the legislature. If a vacancy occurs in the chairmanship or vice chairmanship, the vacancy must be filled in the same manner as the original selection for the remainder of the unexpired term.
3. A member of the committee who is not a candidate for reelection or who is defeated for reelection continues to serve until the convening of the next regular session of the legislature.
4. A vacancy on the committee must be filled in the same manner as the original appointment.
Sec. 38. 1. The members of the committee shall meet throughout the year at the times and places specified by a call of the chairman or a majority of the committee. The director of the legislative counsel bureau or his designee shall act as the nonvoting recording secretary of the committee. Five members of the committee constitute a quorum, and a quorum may exercise all the power and authority conferred on the committee.
2. Except during a regular or special session of the legislature, for each day or portion of a day during which a member of the committee attends a meeting of the committee or is otherwise engaged in the work of the committee, he is entitled to receive the:
(a) Compensation provided for a majority of the members of the legislature during the first 60 days of the preceding regular session;
(b) Per diem allowance provided for state officers and employees generally; and
(c) Travel expenses provided pursuant to NRS 218.2207.
The compensation, per diem allowances and travel expenses of the members of the committee must be paid from the legislative fund.
Sec. 39. 1. The committee may:
(a) Evaluate, review and comment upon issues related to education within this state, including, but not limited to:
(1) Programs to enhance accountability in education;
(2) Legislative measures regarding education;
(3) Methods of financing public education;
(4) The condition of public education in the elementary and secondary schools;
(5) The program to reduce the ratio of pupils per class per licensed teacher prescribed in NRS 388.700 to 388.730, inclusive;
(6) The development of any programs to automate the receipt, storage and retrieval of the educational records of pupils; and
(7) Any other matters that, in the determination of the committee, affect the education of pupils within this state.
(b) Conduct investigations and hold hearings in connection with its duties pursuant to this section.
(c) Request that the legislative counsel bureau assist in the research, investigations, hearings and reviews of the committee.
(d) Make recommendations to the legislature concerning the manner in which public education may be improved.
2. The committee shall:
(a) In addition to any standards prescribed by the department of education, prescribe standards for the review and evaluation of the reports of school districts pursuant to paragraph (a) of subsection 1 of section 19 of this act.
(b) For the purposes set forth in section 10 of this act, recommend to the department of education programs of remedial study for each subject tested on the examinations administered pursuant to NRS 389.015. In recommending these programs of remedial study, the committee shall consider programs of remedial study that have proven to be successful in improving the academic achievement of pupils.
Sec. 40. 1. If the committee conducts investigations or holds hearings pursuant to paragraph (b) of subsection 1 of section 39 of this act:
(a) The secretary of the committee or, in his absence, a member designated by the committee may administer oaths.
(b) The secretary or chairman of the committee may cause the deposition of witnesses, residing either within or outside of this state, to be taken in the manner prescribed by rule of court for taking depositions in civil actions in the district courts.
(c) The chairman of the committee may issue subpoenas to compel the attendance of witnesses and the production of books and papers.
2. If a witness refuses to attend or testify or produce books or papers as required by the subpoena, the chairman of the committee may report to the district court by a petition which sets forth that:
(a) Due notice has been given of the time and place of attendance of the witness or the production of the books or papers;
(b) The witness has been subpoenaed by the committee pursuant to this section; and
(c) The witness has failed or refused to attend or produce the books or papers required by the subpoena before the committee that is named in the subpoena, or has refused to answer questions propounded to him.
The petition may request an order of the court compelling the witness to attend and testify or produce the books and papers before the committee.
3. Upon 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 to show cause why he has not attended or testified or produced the books or papers before the committee. 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 committee, the court shall enter an order that the witness appear before the committee at the time and place fixed in the order and testify or produce the required books or papers. Failure to obey the order constitutes contempt of court.
Sec. 41. 1. The legislative bureau of educational accountability and program evaluation is hereby created within the fiscal analysis division of the legislative counsel bureau. The fiscal analysts shall appoint to the legislative bureau of educational accountability and program evaluation a chief and such other personnel as the fiscal analysts determine are necessary for the bureau to carry out its duties pursuant to this section.
2. The bureau shall, as the fiscal analysts determine is necessary or at the request of the committee:
(a) Collect and analyze data and issue written reports concerning:
(1) The effectiveness of the provisions of sections 2 to 20, inclusive, of this act and NRS 385.347 in improving the accountability of the schools of this state;
(2) The statewide program to reduce the ratio of pupils per class per licensed teacher prescribed in NRS 388.700 to 388.730, inclusive;
(3) The statewide program to educate persons with disabilities that is set forth in chapter 395 of NRS;
(4) The results of the examinations of the National Assessment of Educational Progress that are administered pursuant to section 29 of this act; and
(5) Any program or legislative measure, the purpose of which is to reform the system of education within this state.
(b) Conduct studies and analyses to evaluate the performance and progress of the system of public education within this state. Such studies and analyses may be conducted:
(1) As the fiscal analysts determine are necessary; or
(2) At the request of the legislature.
This paragraph does not prohibit the bureau from contracting with a person or entity to conduct studies and analyses on behalf of the bureau.
(c) On or before December 31 of each even-numbered year, submit a written report of its findings pursuant to paragraphs (a) and (b) to the director of the legislative counsel bureau for transmission to the next regular session of the legislature. The bureau shall, on or before December 31 of each odd-numbered year, submit a written report of its findings pursuant to paragraphs (a) and (b) to the director of the legislative counsel bureau for transmission to the legislative commission.
3. The bureau may, pursuant to NRS 218.687, require a school, a school district, the University and Community College System of Nevada or the department of education to submit to the bureau books, papers, records and other information that the chief of the bureau determines are necessary to carry out the duties of the bureau pursuant to this section. An entity whom the bureau requests to produce records or other information shall provide the records or other information in any readily available format specified by the bureau.
4. Except as otherwise provided in this subsection, any information obtained by the bureau pursuant to this section shall be deemed a work product that is confidential pursuant to NRS 218.625. The bureau may, at the discretion of the chief and after submission to the legislature or legislative commission, as appropriate, publish reports of its findings pursuant to paragraphs (a) and (b) of subsection 2.
5. This section does not prohibit the department of education or the state board of education from conducting analyses, submitting reports or otherwise reviewing educational programs in this state.
Sec. 42. NRS 354.598 is hereby amended to read as follows:
354.598 1. At the time and place advertised for public hearing, or at any time and place to which the public hearing is from time to time adjourned, the governing body shall hold a public hearing on the tentative budget, at which time interested persons must be given an opportunity to be heard.
2. At the public hearing, the governing body shall indicate changes, if any, to be made in the tentative budget, and shall adopt a final budget by the favorable votes of a majority of all members of the governing body. Except as otherwise provided in this subsection, the final budget must be adopted on or before June 1 of each year. The final budgets of school districts must be adopted on or before June 8 of each year [.] and must be accompanied by copies of the written report and written procedure prepared pursuant to subsection 3 of section 18 of this act. Should the governing body fail to adopt a final budget that complies with the requirements of law and the regulations of the department of taxation on or before the required date, the budget adopted and approved by the department of taxation for the current year, adjusted as to content and rate in such a manner as the department of taxation may consider necessary, automatically becomes the budget for the ensuing fiscal year. When a budget has been so adopted by default, the governing body may not reconsider the budget without the express approval of the department of taxation. If the default budget creates a combined ad valorem tax rate in excess of the limit imposed by NRS 361.453, the Nevada tax commission shall adjust the budget as provided in NRS 361.4547 or 361.455.
3. The final budget must be certified by a majority of all members of the governing body and a copy of it, together with an affidavit of proof of publication of the notice of the public hearing, must be transmitted to the Nevada tax commission. If a tentative budget is adopted by default as provided in subsection 2, the clerk of the governing body shall certify the budget and transmit to the Nevada tax commission a copy of the budget, together with an affidavit of proof of the notice of the public hearing, if that notice was published. Certified copies of the final budget must be distributed as determined by the department of taxation.
4. Upon the adoption of the final budget or the amendment of the budget in accordance with NRS 354.606, the several amounts stated in it as proposed expenditures are appropriated for the purposes indicated in the budget.
5. No governing body may adopt any budget which appropriates for any fund any amount in excess of the budget resources of that fund.
Sec. 43. 1. The council to establish academic standards for public schools, consisting of nine members, is hereby created. The membership of the council consists of the president of the state board of education or a member of the state board of education designated by the president and:
(a) Four members appointed by the governor in accordance with subsection 2;
(b) Two members appointed by the majority leader of the senate in accordance with subsection 3; and
(c) Two members appointed by the speaker of the assembly in accordance with subsection 3.
2. The governor shall ensure that:
(a) Two of the members whom he appoints to the council are parents or legal guardians of pupils who attend public schools. These members must not otherwise be affiliated with the public school system of this state.
(b) Two of the members whom he appoints to the council are licensed educational personnel.
(c) Insofar as practicable, the members whom he appoints to the council reflect the ethnic and geographical diversity of this state.
3. The majority leader of the senate and the speaker of the assembly shall each ensure that:
(a) One of the members whom he appoints to the council is a member of the house of the legislature to which he belongs.
(b) The other member whom he appoints to the council is a representative of a private business or industry that may be affected by actions taken by the council.
4. Each member of the council must be a resident of this state.
5. The term of each member of the council is 4 years, commencing on July 1, 1997, and expiring on June 30, 2001. The person or entity who appoints a member to the council may remove that member if the member neglects his duty or commits malfeasance in office, or for other just cause. A vacancy in the membership of the council must be filled for the remainder of the unexpired term in the same manner as the original appointment.
6. The governor shall select a chairman from among the membership of the council in accordance with this subsection. The governor shall not select as chairman the president of the state board of education, or his designee, or a member of the council who is otherwise affiliated with the public school system in this state. This subsection does not preclude the governor from selecting a parent or legal guardian of a pupil as chairman if the parent or legal guardian is not otherwise affiliated with the public school system in this state. The chairman holds the position for 2 years.
7. For each day or portion of a day during which a member of the council who is a legislator attends a meeting of the council or is otherwise engaged in the work of the council, except during a regular or special session of the legislature, he is entitled to receive the:
(a) Compensation provided for a majority of the members of the legislature during the first 60 days of the preceding session;
(b) Per diem allowance provided for state officers and employees generally; and
(c) Travel expenses provided pursuant to NRS 218.2207.
The compensation, per diem allowances and travel expenses of the legislative members of the council must be paid from the legislative fund.
8. Members of the council who are not legislators serve without salary, but are entitled to receive the:
(a) Per diem allowance provided for state officers and employees generally; and
(b) Travel expenses provided pursuant to NRS 281.160.
Sec. 44. 1. The department of education shall provide:
(a) Administrative support;
(b) Equipment; and
(c) Office space,
as is necessary for the council to establish academic standards for public schools, created pursuant to section 43 of this act, to carry out the provisions of this section and sections 43 and 45 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 this section and sections 43 and 45 of this act.
Sec. 45. 1. The council to establish academic standards for public schools, created pursuant to section 43 of this act, shall establish and submit to the state board of education:
(a) On or before September 1, 1998, standards of content and performance, including, without limitation, a prescription of the resulting level of achievement, based upon the content of each course, that is expected of pupils for the following courses of study:
(1) English, including reading, composition and writing.
(2) Mathematics.
(3) Science.
(b) On or before September 1, 1999, standards of content and performance, including, without limitation, a prescription of the resulting level of achievement, based upon the content of each course, that is expected of pupils for the following courses of study:
(1) Social studies.
(2) Computer education.
(3) Health and physical education.
(4) The arts.
2. The council shall submit written recommendations to the state board of education:
(a) On or before November 1, 1998, on the type of examinations of achievement and proficiency to be administered statewide that may be used to measure the achievement of pupils in the standards of content and performance established by the council pursuant to paragraph (a) of subsection 1. The recommendations must include the grades in which the examinations should be administered.
(b) On or before November 1, 1999, on the type of examinations of achievement and proficiency in social studies to be administered statewide that may be used to measure the achievement of pupils in the standards of content and performance established by the council pursuant to subparagraph (1) of paragraph (b) of subsection 1. The recommendations must include the grades in which the examinations should be administered.
3. In developing the standards and examinations pursuant to subsections 1 and 2, the council shall:
(a) Hold at least eight meetings. The meetings must be held in at least four different counties during the period commencing August 1, 1997, and expiring July 31, 1999. At least four of these meetings must be held to hear public testimony concerning the proposed standards of content and performance and the examinations of achievement and proficiency.
(b) Consult with licensed educational personnel in the various school districts and with other persons who have knowledge and experience concerning standards of content and performance or examinations of achievement and proficiency in education.
(c) Review and consider any standards of content and performance and any examinations of achievement and proficiency:
(1) Adopted by this state;
(2) Adopted by the Commonwealth of Virginia or any other states;
(3) Adopted by the Federal Government; or
(4) Advocated in publications of entities, including, but not limited to, the "Standards Primer: A Resource for Accelerating the Pace of Reform," published in 1996 by the Education Leaders Council.
4. The state board of education shall adopt:
(a) On or before January 1, 1999, the standards of content and performance established by the council pursuant to paragraph (a) of subsection 1, to take effect in the 1999-2000 school year.
(b) Examinations of achievement and proficiency to be administered statewide, commencing in the 1999-2000 school year, to measure the achievement of pupils in the standards of content and performance adopted by the state board of education pursuant to paragraph (a). In adopting the examinations, the state board shall consider the written recommendations submitted by the council pursuant to subsection 2. The examinations must be scored by a single private entity or the department of education.
(c) On or before January 1, 2000, the standards of content and performance established by the council pursuant to paragraph (b) of subsection 1, to take effect in the 2000-2001 school year.
(d) Examinations of achievement and proficiency in social studies to be administered statewide, commencing in the 2000-2001 school year, to measure the achievement of pupils in social studies in the standards of content and performance adopted by the state board pursuant to paragraph (c). In adopting the examinations, the state board shall consider the written recommendations submitted by the council pursuant to subsection 2. The examinations must be scored by a single private entity or the department of education.
5. The state board of education shall:
(a) On or before February 1, 1999, submit a written report to the council and to the director of the legislative counsel bureau for transmission to the 70th session of the Nevada legislature. The written report must include a description of the standards adopted by the state board of education.
(b) On or before February 1, 2001, submit a written report to the council and to the director of the legislative counsel bureau for transmission to the 71st session of the Nevada legislature. The written report must include a description of the standards adopted by the state board of education.
6. In addition to the duties prescribed in subsections 1 and 2, the council shall:
(a) As soon as practicable, but not later than April 1, 1999:
(1) Submit to the governor, the senate standing committee on finance and the assembly standing committee on ways and means, written reports regarding the standards adopted by the state board of education pursuant to paragraph (a) of subsection 4.
(2) Submit to the director of the legislative counsel bureau for transmission to the 70th session of the Nevada legislature any recommendations for legislation that the council deems are necessary to incorporate into the public schools the standards that it established pursuant to paragraph (a) of subsection 1.
(b) As soon as practicable, but not later than April 1, 2001:
(1) Submit to the governor, the senate standing committee on finance and the assembly standing committee on ways and means, written reports regarding the standards adopted by the state board of education pursuant to paragraph (c) of subsection 4.
(2) Submit to the director of the legislative counsel bureau for transmission to the 71st session of the Nevada Legislature any recommendations for legislation that the council deems are necessary to incorporate into the public schools the standards that it established pursuant to paragraphs (a) or (b) of subsection 1.
7. The council shall, on or before June 30, 1999, and on or before June 30, 2001, report to the legislative committee on education, created pursuant to section 37 of this act, regarding the standards and examinations adopted by the state board of education pursuant to subsection 4.
8. The council shall, on or before June 30, 2001, coordinate its duties pursuant to this section with the legislative bureau of educational accountability and program evaluation, created pursuant to section 41 of this act, to enable the bureau to continue the duties of the council of evaluating and reporting after June 30, 2001.
Sec. 46. 1. On or before July 1, 1998, the commission on educational technology, created pursuant to section 27 of this act, shall:
(a) Adopt a preliminary version of the plan for the use of educational technology in the public schools of this state in accordance with subsections 1 and 2 of section 28 of this act; and
(b) Submit a preliminary version of the plan to the governor, the legislative committee on education, created pursuant to section 37 of this act, and the department of education in accordance with subsection 5 of section 28 of this act.
2. On or before January 1, 1999, the commission on educational technology, created pursuant to section 27 of this act, shall:
(a) Adopt a final version of the plan for the use of educational technology in the public schools of this state in accordance with subsections 1 and 2 of section 28 of this act; and
(b) Submit a final version of the plan to the governor, the legislative committee on education, created pursuant to section 37 of this act, and the department of education in accordance with subsection 5 of section 28 of this act.
Sec. 47. The senate majority leader shall select the chairman and vice chairman of the legislative committee on education created pursuant to section 37 of this act for the terms commencing on July 1, 1997.
Sec. 48. 1. On or before April 1, 1998, the legislative committee on education, created pursuant to section 37 of this act, shall recommend programs of remedial study pursuant to subsection 2 of section 39 of this act.
2. On or before June 1, 1998, the department of education shall adopt programs of remedial study pursuant to section 10 of this act.
Sec. 49. 1. The examination in science required of pupils by the amendatory provisions of NRS 389.015 must be administered commencing in the 1999-2000 school year.
2. The examinations required of pupils who are enrolled in the 10th grade by the amendatory provisions of NRS 389.015 must be administered commencing in the 1997-1998 school year, but may be administered at a different time for that school year than the examinations administered to pupils who are enrolled in the 4th and 8th grades.
Sec. 50. 1. There is hereby appropriated from the state general fund to the legislative fund created pursuant to NRS 218.085 the sum of $370,116 for use by the legislative committee on education created pursuant to section 37 of this act.
2. Any unencumbered balance of the appropriation made by subsection 1 does not revert to the state general fund but constitutes a balance carried forward to the succeeding fiscal year.
Sec. 51. 1. There is hereby appropriated from the state general fund to the legislative fund created pursuant to NRS 218.085 for use by the legislative bureau of educational accountability and program evaluation created pursuant to section 41 of this act:
- For the fiscal year 1997-1998 $235,456
- For the fiscal year 1998-1999 $205,830
2. Any unencumbered balance of the appropriation made by subsection 1 does not revert to the state general fund but constitutes a balance carried forward to the succeeding fiscal year.
Sec. 52. 1. There is hereby appropriated from the state general fund to the department of education the sum of $14,000 for the payment of per diem allowances and travel expenses pursuant to subsection 9 of section 27 of this act.
2. Any remaining balance of the appropriation made by subsection 1 must not be committed for expenditure after June 30, 1999, and reverts to the state general fund as soon as all payments of money committed have been made.
Sec. 53. 1. There is hereby appropriated from the state general fund to the department of education the sum of $23,950 for the payment of compensation, per diem allowances and travel expenses pursuant to subsection 8 of section 43 of this act.
2. Any remaining balance of the appropriation made by subsection 1 must not be committed for expenditure after June 30, 1999, and reverts to the state general fund as soon as all payments of money committed have been made.
Sec. 54. 1. There is hereby appropriated from the state general fund to the department of education to pay the costs incurred by the department of education for purchasing, administering and scoring the examinations required of pupils who are enrolled in the 10th grade by the amendatory provisions of NRS 389.015:
- For the fiscal year 1997-1998 $130,000
- For the fiscal year 1998-1999 $85,000
2. The examinations purchased and administered by the department of education must be:
(a) Purchased from the same vendor from whom the 4th and 8th grade examinations are purchased; and
(b) The version of the examination that is administered to pupils in the 4th and 8th grades which is appropriate for administration in the 10th grade.
3. The sums appropriated by subsection 1 are available for either fiscal year. Any balance remaining of those sums must not be committed for expenditure after June 30, 1999, and reverts to the state general fund as soon all payments of money committed have been made.
Sec. 55. 1. There is hereby appropriated from the state general fund to the department of education for the fiscal year 1998-1999 the sum of $271,500 to pay the costs incurred by the department of education for developing, writing and printing the examinations required of pupils pursuant to paragraph (b) of subsection 4 of section 45 of this act.
2. Any remaining balance of the appropriation made by subsection 1 must not be committed for expenditure after June 30, 1999, and reverts to the state general fund as soon all payments of money committed have been made.
Sec. 56. 1. There is hereby appropriated from the state general fund to the department of education for the fiscal year 1998-1999 the sum of $70,000 to pay the costs incurred by the department of education for developing, writing, printing and administering in the 1998-1999 school year the examinations in writing skills required of pupils in the 4th grade in addition to the examinations required of those pupils pursuant to NRS 389.015.
2. Any remaining balance of the appropriation made by subsection 1 must not be committed for expenditure after June 30, 1999, and reverts to the state general fund as soon all payments of money committed have been made.
Sec. 57. 1. There is hereby appropriated from the state general fund to the department of education for the fiscal year 1998-1999 the sum of $87,000 to pay the costs incurred by the department of education for developing, writing and printing the examinations in science required of pupils who are enrolled in the 11th grade by the amendatory provisions of NRS 389.015.
2. Any remaining balance of the appropriation made by subsection 1 must not be committed for expenditure after June 30, 1999, and reverts to the state general fund as soon all payments of money committed have been made.
Sec. 58. 1. There is hereby appropriated from the state general fund to the department of education the sum of $30,000 to pay the costs incurred by the department of education in administering and reporting the results of the examinations required by section 29 of this act.
2. Any remaining balance of the appropriation made by subsection 1 must not be committed for expenditure after June 30, 1999, and reverts to the state general fund as soon as all payments of money committed have been made.
Sec. 59. 1. There is hereby appropriated from the state general fund to the department of education for the fiscal year 1998-1999 the sum of $82,100 to pay the salary, travel expenses, administrative and equipment expenses of an employee responsible for carrying out, administering, monitoring and evaluating the effectiveness of programs of remediation adopted by the department of education pursuant to section 10 of this act.
2. Any remaining balance of the appropriation made by subsection 1 must not be committed for expenditure after June 30, 1999, and reverts to the state general fund as soon as all payments of money committed have been made.
Sec. 60. 1. There is hereby appropriated from the state general fund to the department of education the sum of $3,000,000 for the fiscal year 1998-1999, to be distributed among the schools that have been designated as demonstrating inadequate achievement pursuant to section 7 of this act. A school that receives such a designation shall submit to the department of education, for transmission to the state board of examiners, a request for an allocation from the appropriation. The state board of examiners shall consider the request and, if it finds that an allocation should be made, recommend the amount of the allocation to the interim finance committee for independent evaluation and action. The interim finance committee is not bound to follow the recommendation of the state board of examiners. In determining the amount of the allocation, the state board of examiners and the interim finance committee shall consider:
(a) The total number of pupils who are enrolled in the school who failed to demonstrate at least adequate achievement on the examination administered pursuant to NRS 389.015; and
(b) The need of the school.
2. A school that receives money pursuant to subsection 1 shall:
(a) Use the money to pay the costs incurred by the school in providing the program of remedial study required by section 10 of this act. The money must first be applied to those pupils who the school determines are performing at a level which poses the highest risk of failure.
(b) Use the money to pay for the salaries, training or other compensation of teachers and other educational personnel to provide the program of remedial study, instructional materials required for the course of remedial study, equipment necessary to offer the program of remedial study and any other additional operating costs attributable to the program of remedial study.
(c) Use the money to supplement and not replace the money the school would otherwise expend for programs of remedial study.
(d) Account for the money separately.
3. A school that receives money pursuant to subsection 1 shall not use the money to:
(a) Settle or arbitrate disputes or negotiate settlements between an organization that represents licensed employees of the school district and the school district.
(b) Adjust the schedules of salaries and benefits of the employees of the school district.
4. The appropriation made by subsection 1 must not be committed for expenditure after June 30, 1999, and reverts to the state general fund as soon as all payments of money committed have been made.
Sec. 61. 1. There is hereby appropriated from the state general fund to the department of education the sum of $27,500,000 for allocation by the commission on educational technology created pursuant to section 27 of this act to the school districts and public libraries of this state and the youth training center in Elko and the Caliente youth center. Not more than $400,000 may be distributed to the public libraries. The commission on educational technology shall allocate the money for the purchase and installation of hardware, software and electrical wiring for computer laboratories, upgrading computer software, purchasing additional computers for instructional purposes in classrooms and purchasing other technology for use in enhancing teaching or learning in a school or classroom. The commission on educational technology shall determine the amount of money that must be distributed to school districts based upon the needs of each school district and the wealth of the school district relative to the other school districts in this state.
2. There is hereby appropriated from the state general fund to the department of education to be distributed among the various school districts in this state for the repair, maintenance and replacement of computer hardware, upgrading computer software, contracting for technical support and providing training for teachers on the use of educational technology to improve classroom instruction:
- For the fiscal year 1997-1998 $3,700,000
- For the fiscal year 1998-1999 $4,900,000
3. To receive money pursuant to subsection 1 or 2, a school district must:
(a) Complete forms provided by the superintendent of public instruction;
(b) Submit a written request to the commission on educational technology that identifies the schools within the school district that need educational technology and the financial needs of those schools to obtain the educational technology;
(c) Submit a plan to the commission on educational technology for the use of educational technology to improve the instruction and academic achievement of pupils, including, without limitation, a plan to evaluate the effectiveness of the use of educational technology; and
(d) Provide any additional information requested by the commission.
4. To receive a grant of money pursuant to subsection 1, the Nevada youth training center in Elko and the Caliente youth center must submit an application to the commission on educational technology that describes the needs of the center for educational technology and the proposed use of the money for educational technology. The center must provide any additional information requested by the commission.
5. To receive a grant of money pursuant to subsection 1, a public library must submit an application to the commission on educational technology that describes the need of the library for educational technology and the proposed use of the money for educational technology. The library shall provide any additional information requested by the commission.
6. A school district that receives money pursuant to this section shall:
(a) Account for the money separately.
(b) Use the money to supplement and not replace the money that the school district would otherwise expend for educational technology.
7. A school district that receives money pursuant to this section shall not use the money to:
(a) Settle or arbitrate disputes or negotiate settlements between an organization that represents licensed employees of the school district and the school district.
(b) Adjust the schedules of salaries and benefits of the employees of the school district.
8. Each school district that receives money pursuant to this section shall provide to the commission on educational technology and the department of education, on or before January 1, 1999, a written report in the format required by the department of education. The report must include a statement of the amount of money distributed to the school district pursuant to this section, a record of the manner in which the money was expended, the purpose of each such expenditure and any other expenditures for similar purposes from other money available to the school district.
9. The department of education shall, on or before February 1, 1999, submit a written summary to the governor, the commission on educational technology and the director of the legislative counsel bureau for transmission to the 70th session of the Nevada legislature which contains:
(a) The name of each school district that received money; and
(b) A compilation of the reports submitted to the department of education pursuant to subsection 8.
10. Any remaining balance of the appropriation made by subsection 1 must not be committed for expenditure after June 30, 1999, and reverts to the state general fund as soon as all payments of money committed have been made.
11. The sums appropriated by subsection 2 are available for either fiscal year. Any balance remaining of those sums must not be committed for expenditure after June 30, 1999, and reverts to the state general fund as soon as all payments of money committed have been made.
Sec. 62. 1. There is hereby appropriated from the state general fund to the department of education to pay the salaries, travel, administrative and equipment expenses of one professional employee and one clerical employee responsible for carrying out, administering, monitoring and evaluating the effectiveness of programs of educational technology pursuant to section 61 of this act:
- For the fiscal year 1997-1998 $81,150
- For the fiscal year 1998-1999 $84,500
2. Any balance of the sums appropriated by subsection 1 remaining at the end of the respective fiscal years must not be committed for expenditure after June 30 of the respective fiscal years and reverts to the state general fund as soon as all payments of money committed have been made.
Sec. 63. 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. 64. 1. This section and section 63 of this act become effective upon passage and approval.
2. Section 27 of this act becomes effective upon passage and approval for purposes of appointing members to the commission on educational technology, created pursuant to section 27 of this act, and on July 1, 1997, for all other purposes.
3. Section 37 of this act becomes effective upon passage and approval for purposes of appointing members to the legislative committee on education, created pursuant to section 37 of this act, and on July 1, 1997, for all other purposes.
4. Section 43 of this act becomes effective upon passage and approval for purposes of appointing members to the council to establish academic standards for public schools, created pursuant to section 43 of this act, and on July 1, 1997, for all other purposes, and expires by limitation on June 30, 2001.
5. Sections 20 to 26, inclusive, 28 to 36, inclusive, 38 to 42, inclusive, and 46 to 62, inclusive, of this act become effective on July 1, 1997.
6. Sections 44 and 45 of this act become effective on July 1, 1997, and expire by limitation on June 30, 2003.
7. Sections 1 to 19, inclusive, of this act become effective on January 1, 1998.
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