THE ONE HUNDRED AND FOURTH DAY

THE ONE HUNDRED AND FOURTH DAY

Carson City (Saturday), May 17, 2003

Senate called to order at 11:05 a.m.

President pro Tempore Amodei presiding.

Roll called.

All present except Senators Neal, Nolan and Washington who were excused.

Prayer by the Chaplain, Father Jeff Paul.

As we hunger and thirst for truth, may we follow, O God, in Your wake. May we sound the depths of love for Your sake. In Your strong Name, we bless all that is living and recognize in all that lives the reflection of Your spirit. May our strong joy in blessing call out new growth in everyone we meet. Circle us and our dear ones in Your love and blessing. Teach us to care for all that is entrusted to us and to nurture every sign of Your presence. Give us open eyes to see beyond what others say is possible. Give us a generosity that pushes back the boundaries. With all our powers to serve, we find our power in You. In Your strong Name, we pray.

Amen.

Pledge of allegiance to the Flag.

Senator Raggio moved that further reading of the Journal be dispensed with, and the President pro Tempore and Secretary be authorized to make the necessary corrections and additions.

Motion carried.

REPORTS OF COMMITTEES

Mr. President pro Tempore:

Your Committee on Finance, to which was referred Assembly Bill No. 353, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.

William J. Raggio, Chairman

Mr. President pro Tempore:

Your Committee on Human Resources and Facilities, to which was referred Assembly Bill No. 304, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.

Raymond D. Rawson, Chairman

Mr. President pro Tempore:

Your Committee on Judiciary, to which were referred Assembly Bills Nos. 73, 163, 166, 536, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.

Mark E. Amodei, Chairman

Mr. President pro Tempore:

Your Committee on Natural Resources, to which was referred Assembly Bill No. 215, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.

Dean A. Rhoads, Chairman

Mr. President pro Tempore:

Your Committee on Transportation, to which was referred Assembly Bill No. 324, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.

Raymond C. Shaffer, Chairman

MESSAGES FROM THE ASSEMBLY

Assembly Chamber, Carson City, May 16, 2003

To the Honorable the Senate:

I have the honor to inform your honorable body that the Assembly on this day passed Assembly Bills Nos. 469, 543; Assembly Joint Resolution No. 5; Senate Bills Nos. 37, 68, 358.

Also, I have the honor to inform your honorable body that the Assembly on this day passed, as amended, Assembly Bills Nos. 41, 130, 249, 257, 332, 476, 542; Assembly Joint Resolution No. 6.

Also, I have the honor to inform your honorable body that the Assembly amended, and on this day passed, as amended, Senate Bill No. 94, Amendment No. 602; Senate Bill No. 183, Amendment No. 564, and respectfully requests your honorable body to concur in said amendments.

Also, I have the honor to inform your honorable body that the Assembly on this day adopted Senate Concurrent Resolutions Nos. 12, 15.

Also, I have the honor to inform your honorable body that the Assembly amended, and on this day adopted, as amended, Senate Concurrent Resolution No. 7, Amendment No. 652, and respectfully requests your honorable body to concur in said amendments.

Diane Keetch

Assistant Chief Clerk of the Assembly

MOTIONS, RESOLUTIONS AND NOTICES

Senator O'Connell moved that Assembly Bill No. 528 be taken from the Second Reading File and placed on the Secretary’s desk.

Remarks by Senator O'Connell.

Motion carried.

Senator McGinness moved that Assembly Bill No. 107 be taken from the General File and placed on the General File for the next legislative day.

Remarks by Senator McGinness.

Motion carried.

Senator McGinness moved that Assembly Bill No. 160 be taken from the General File and placed on the Secretary’s desk.

Remarks by Senator McGinness.

Motion carried.

Senator Hardy moved that Assembly Bill No. 417 be taken from the General File and placed on the Secretary’s desk.

Remarks by Senator Hardy.

Motion carried.

Senator Raggio moved that Assembly Bill No. 396 be taken from the General File and placed on the Secretary’s desk.

Remarks by Senator Raggio.

Motion carried.

Senator Shaffer moved that Assembly Bill No. 239 be taken from the Secretary's desk and placed on the bottom of the General File.

Remarks by Senator Shaffer.

Motion carried.

Senator Townsend moved that Assembly Bill No. 451 be taken from the General File and placed on the Secretary’s desk.

Remarks by Senator Townsend.

Motion carried.

Senator Raggio moved that for this legislative day, the Secretary of the Senate dispense with reading the histories and titles of all bills and resolutions.

Remarks by Senator Raggio.

Motion carried.

Senator McGinness moved that Assembly Bill No. 156 be taken from the General File and placed on the General File for the next legislative day.

Remarks by Senator McGinness.

Motion carried.

Senator Hardy moved that Assembly Bill No. 30 be taken from the General File and placed on the General File for the next legislative day.

Remarks by Senator Hardy.

Motion carried.

Senate Concurrent Resolution No. 13.

Resolution read.

Senator Cegavske moved the adoption of the resolution, as amended.

Remarks by Senator Cegavske.

Resolution adopted, as amended.

Resolution ordered transmitted to the Assembly.

Senate Concurrent Resolution No. 20.

Resolution read.

Senator Rhoads moved the adoption of the resolution, as amended.

Remarks by Senator Rhoads.

Resolution adopted, as amended.

Resolution ordered transmitted to the Assembly.

By the Committee on Judiciary:

Senate Resolution No. 8—Amending Senate Standing Rule No. 40 for the 72nd Session of the Legislature to transfer jurisdiction over measures affecting the provisions of the Nevada Administrative Procedure Act that govern the adjudication of contested cases from the Standing Committee on Government Affairs to the Standing Committee on Judiciary.

Senator Rawson moved that the resolution be referred to the Committee on Legislative Affairs and Operations.

Motion carried.

Assembly Joint Resolution No. 5.

Senator Rawson moved that the resolution be referred to the Committee on Natural Resources.

Motion carried.

Assembly Joint Resolution No. 6.

Senator Rawson moved that the resolution be referred to the Committee on Natural Resources.

Motion carried.

INTRODUCTION, FIRST READING AND REFERENCE

Assembly Bill No. 41.

Senator Rawson moved that the bill be referred to the Committee on Natural Resources.

Motion carried.

Assembly Bill No. 130.

Senator Rawson moved that the bill be referred to the Committee on Natural Resources.

Motion carried.

Assembly Bill No. 249.

Senator Rawson moved that the bill be referred to the Committee on Finance.

Motion carried.

Assembly Bill No. 257.

Senator Rawson moved that the bill be referred to the Committee on Finance.

Motion carried.

Assembly Bill No. 332.

Senator Rawson moved that the bill be referred to the Committee on Human Resources and Facilities.

Motion carried.

Assembly Bill No. 469.

Senator Rawson moved that the bill be referred to the Committee on Finance.

Motion carried.

Assembly Bill No. 476.

Senator Rawson moved that the bill be referred to the Committee on Commerce and Labor.

Motion carried.

Assembly Bill No. 542.

Senator Rawson moved that the bill be referred to the Committee on Legislative Affairs and Operations.

Motion carried.

Assembly Bill No. 543.

Senator Rawson moved that the bill be referred to the Committee on Commerce and Labor.

Motion carried.

SECOND READING AND AMENDMENT

Senate Bill No. 191.

Bill read second time.

The following amendment was proposed by the Committee on Finance:

Amendment No. 724.

Amend the bill as a whole by adding a new section designated sec. 3.5, following sec. 3, to read as follows:

“Sec. 3.5. The provisions of sections 2 to 37, inclusive, of this act do not supersede, negate or otherwise limit the effect or application of the provisions of chapters 288 and 391 of NRS or the rights, remedies and procedures afforded to employees of a school district under the terms of collective bargaining agreements, memoranda of understanding or other such agreements between employees and their employers.”.

Amend sec. 4, pages 3 and 4, by deleting lines 34 through 45 on page 3 and lines 1 through 14 on page 4, and inserting:

“(b) Be designed to ensure that all pupils will meet or exceed the minimum level of proficiency set by the State Board, including, without limitation:

(1) Pupils who are economically disadvantaged, as defined by the State Board;

(2) Pupils from major racial and ethnic groups, as defined by the State Board;

(3) Pupils with disabilities; and

(4) Pupils who are limited English proficient;

(c) Be based primarily upon the measurement of progress of pupils on the examinations administered pursuant to NRS 389.550 or the high school proficiency examination, as applicable;

(d) Include annual measurable objectives established pursuant to 20 U.S.C. § 6311(b)(2)(G) and the regulations adopted pursuant thereto;

(e) For high schools, include the rate of graduation; and

(f) For elementary schools, junior high schools and middle schools, include the rate of attendance.

2. The examination in science must not be included in the definition of adequate yearly progress.”.

Amend the bill as a whole by adding a new section designated sec. 4.5, following sec. 4, to read as follows:

“Sec. 4.5. The State Board shall adopt regulations that prescribe the criteria to be used for designating:

1. Public schools that do not satisfy the criteria for demonstrating adequate achievement or need for improvement:

(a) As demonstrating exemplary achievement.

(b) As demonstrating high achievement.

2. School districts that do not satisfy the criteria for demonstrating adequate achievement or need for improvement:

(a) As demonstrating exemplary achievement.

(b) As demonstrating high achievement.”.

Amend sec. 6, page 5, line 20, by deleting “(d)” and inserting “(b)”.

Amend sec. 6, page 5, by deleting line 22 and inserting “Board.”.

Amend sec. 6, page 6, line 14, by deleting “Information” and inserting: “For each school district, including, without limitation, each charter school in the district, and for this state as a whole, information”.

Amend sec. 6, page 6, line 15, after “by” by inserting “the”.

Amend sec. 6, page 6, by deleting lines 30 through 36 and inserting: “highly qualified teachers, in the aggregate and disaggregated by high‑poverty compared to low-poverty schools, which for the purposes of this subparagraph, means schools in the top quartile of poverty and the bottom quartile of poverty in this state.

(l) The total expenditure per pupil for each school district in this state, including, without limitation, each charter school in the district. If this state has a financial analysis program that is designed to track educational expenditures and revenues to individual schools, the State Board shall use that statewide program in complying with this paragraph. If a statewide program is not available, the State Board shall use the Department’s own financial analysis program in complying with this paragraph.

(m) The total statewide expenditure per pupil. If this state has a financial analysis program that is designed to track educational expenditures and revenues to individual schools, the State Board shall use that statewide program in complying with this paragraph. If a statewide program is not available, the State Board shall use the Department’s own financial analysis program in complying with this paragraph.”.

Amend sec. 6, page 8, by deleting lines 32 through 35 and inserting:

“(2) For each school district, including, without limitation, each charter school in the district, and for this state as a whole, the number and percentage of all paraprofessionals who do not satisfy the qualifications set forth in 20 U.S.C. § 6319(c). The reporting requirements of this subparagraph apply to paraprofessionals who are employed in programs supported with Title I money and to paraprofessionals who are not employed in programs supported with Title I money.”.

Amend sec. 6, page 9, line 10, by deleting “August” and inserting “September”.

Amend sec. 6, page 9, by deleting lines 19 and 20 and inserting:

“5. As used in this section:

(a) “Highly qualified” has the meaning ascribed to it in 20 U.S.C. 7801(23).

(b) “Paraprofessional” has the meaning ascribed to it in section 84 of this act.”.

Amend sec. 7, page 9, by deleting lines 24 through 27 and inserting:

“(a) Must be prepared in consultation with:

(1) Employees of the Department;

(2) At least one employee of a school district in a county whose population is 100,000 or more, appointed by the Nevada School Boards Association;

(3) At least one employee of a school district in a county whose population is less than 100,000, appointed by the Nevada School Boards Association; and

(4) At least one representative of the Statewide Council for the Coordination of the Regional Training Programs created by NRS 391.516, appointed by the Council; and”.

Amend sec. 7, page 11, line 21, by deleting “August” and inserting “December”.

Amend sec. 8, pages 11 and 12, by deleting lines 31 through 44 on page 11 and lines 1 through 5 on page 12, and inserting:

“Sec. 8. 1. The board of trustees of each school district shall, in consultation with the employees of the school district, prepare a plan to improve the achievement of pupils enrolled in the school district, excluding pupils who are enrolled in charter schools located in the school district. If the school district is a Title I school district designated as demonstrating need for improvement pursuant to section 32 of this act, the plan must also be prepared in consultation with parents and guardians of pupils enrolled in the school district and other persons who the board of trustees determines are appropriate.”.

Amend sec. 8, pages 12 and 13, by deleting lines 41 through 44 on page 12 and lines 1 through 7 on page 13.

Amend sec. 8, page 13, line 8, by deleting “(f)” and inserting “(e)”.

Amend sec. 8, page 13, line 11, by deleting “(g)” and inserting “(f)”.

Amend sec. 8, page 13, line 15, by deleting “(h)” and inserting “(g)”.

Amend sec. 8, page 13, line 18, by deleting “(i)” and inserting “(h)”.

Amend sec. 8, page 13, line 23, by deleting “(j)” and inserting “(i)”.

Amend sec. 8, page 13, line 32, by deleting “(k)” and inserting “(j)”.

Amend sec. 8, page 13, line 33, by deleting “(j)” and inserting “(i)”.

Amend sec. 8, page 13, line 35, by deleting “(l)” and inserting “(k)”.

Amend sec. 8, page 14, line 1, by deleting “June” and inserting “December”.

Amend sec. 9, page 14, by deleting lines 11 through 29 and inserting: “limitation, each charter school, shall, in consultation with the employees of the school, prepare a plan to improve the achievement of the pupils enrolled in the school.”.

Amend sec. 9, page 14, line 42, by deleting “(d)” and inserting “(b)”.

Amend sec. 9, page 15, line 4, by deleting “(d)” and inserting “(b)”.

Amend sec. 9, page 15, by deleting lines 18 and 19.

Amend sec. 9, page 15, line 20, by deleting “(i)” and inserting “(h)”.

Amend sec. 9, page 15, by deleting lines 34 through 44.

Amend sec. 9, page 16, line 1, by deleting “(k)” and inserting “(i)”.

Amend sec. 9, page 16, by deleting lines 4 through 11 and inserting:

“(j) In consultation with the school district or governing body, as applicable, an identification, by category, of the employees of the school district or governing body, if any, who are responsible for ensuring that the plan is carried out effectively or for overseeing and monitoring whether the plan is carried out effectively.”.

Amend sec. 9, page 16, line 12, by deleting “(m)” and inserting “(k)”.

Amend sec. 9, page 16, line 16, by deleting “(n)” and inserting “(l)”.

Amend sec. 9, page 16, line 19, by deleting “(o)” and inserting “(m)”.

Amend sec. 9, page 16, line 24, by deleting “(p)” and inserting “(n)”.

Amend sec. 9, page 16, line 32, by deleting “(q)” and inserting “(o)”.

Amend sec. 9, page 16, by deleting line 38 and inserting: “pursuant to section 14 of this act,”.

Amend sec. 9, page 16, by deleting lines 42 and 43 and inserting: “of each school shall, in consultation with the employees of the school:”.

Amend 9, page 17, by deleting lines 5 through 17 and inserting: “improvement pursuant to section 14 of this act, the technical assistance partnership or the support team established for the school, as applicable, shall review the plan and make revisions to the most recent plan for improvement of the school pursuant to section 18 or 24 of this act, as applicable. If the school is a Title I school that has been designated as demonstrating need for improvement, the technical assistance partnership or support team established for the school, as applicable, shall, in making revisions to the plan, work in consultation with parents and guardians of pupils enrolled in the school and, to the extent deemed appropriate by the entity responsible for creating the partnership or support team, outside experts.

6. On or before November 1 of each year, the principal of each school, or the technical assistance partnership or support team established for the school, as applicable, shall submit the plan or the revised plan, as applicable, to:

(a) If the school is a public school of the school district, the superintendent of schools of the school district.

(b) If the school is a charter school, the governing body of the charter school.”.

Amend sec. 9, page 17, line 20, by deleting “Department,” and inserting “governing body,”.

Amend sec. 9, page 17, line 25, by deleting “Department,” and inserting “governing body,”.

Amend sec. 9, page 17, line 29, by deleting “Department,” and inserting “governing body,”.

Amend sec. 9, page 17, line 41, by deleting “Department,” and inserting “governing body,”.

Amend sec. 9, page 17, by deleting lines 44 and 45 and inserting:

“9. On or before December 15 of each year, the principal of each school, or the technical assistance partnership or support team established for the school, as”.

Amend sec. 9, page 18, by deleting lines 11 through 14 and inserting:

“10. A plan for the improvement of a school must be carried out expeditiously, but not later than January 1 after approval of the plan pursuant to subsection 7 or 8, as applicable.”.

Amend the bill as a whole by deleting sections 10 through 37 and adding new sections designated sections 10 through 37, following sec. 9, to read as follows:

“Sec. 10. 1. On or before June 15 of each year, the Department shall determine whether each public school is making adequate yearly progress, as defined by the State Board pursuant to section 4 of this act. The determination for a public school, including, without limitation, a charter school sponsored by the board of trustees of the school district, must be made in consultation with the board of trustees of the school district in which the public school is located. If a charter school is sponsored by the State Board, the Department shall make a determination for the charter school in consultation with the State Board. The determination made for each school must be based only upon the information and data for those pupils who are enrolled in the school for a full academic year. On or before June 15 of each year, the Department shall transmit:

(a) Except as otherwise provided in paragraph (b), the determination made for each public school to the board of trustees of the school district in which the public school is located.

(b) To the State Board the determination made for each charter school that is sponsored by the State Board.

2. Except as otherwise provided in this subsection, the Department shall determine that a public school has failed to make adequate yearly progress if any subgroup identified in paragraph (b) of subsection 1 of section 4 of this act does not satisfy the annual measurable objectives established by the State Board pursuant to that section. To comply with 20 U.S.C. § 6311(b)(2)(I) and the regulations adopted pursuant thereto, the State Board shall prescribe by regulation the conditions under which a school shall be deemed to have made adequate yearly progress even though a subgroup identified in paragraph (b) of subsection 1 of section 4 of this act did not satisfy the annual measurable objectives of the State Board.

3. In addition to the provisions of subsection 2, the Department shall determine that a public school has failed to make adequate yearly progress if:

(a) The number of pupils enrolled in the school who took the examinations administered pursuant to NRS 389.550 or the high school proficiency examination, as applicable, is less than 95 percent of all pupils enrolled in the school who were required to take the examinations; or

(b) Except as otherwise provided in subsection 4, for each subgroup of pupils identified in paragraph (b) of subsection 1 of section 4 of this act, the number of pupils in the subgroup enrolled in the school who took the examinations administered pursuant to NRS 389.550 or the high school proficiency examination, as applicable, is less than 95 percent of all pupils in that subgroup enrolled in the school who were required to take the examinations.

4. If the number of pupils in a particular subgroup who are enrolled in a public school is insufficient to yield statistically reliable information:

(a) The Department shall not determine that the school has failed to make adequate yearly progress pursuant to paragraph (b) of subsection 3 based solely upon that particular subgroup.

(b) The pupils in such a subgroup must be included in the overall count of pupils enrolled in the school who took the examinations.

The State Board shall prescribe the mechanism for determining the number of pupils that must be in a subgroup for that subgroup to yield statistically reliable information.

5. If an irregularity in testing administration or an irregularity in testing security occurs at a school and the irregularity invalidates the test scores of pupils, those test scores must not be included in the scores of pupils reported for the school and the attendance of those pupils must not be counted towards the total number of pupils who took the examinations, but must be included in the total number of pupils who were required to take the examinations. If the pupils take an additional administration of the examinations during the same school year, the scores of pupils on those examinations must not be included in the scores of pupils reported for the school.

6. As used in this section:

(a) “Irregularity in testing administration” has the meaning ascribed to it in NRS 389.604.

(b) “Irregularity in testing security” has the meaning ascribed to it in NRS 389.608.

Sec. 11. 1. If a public school fails to make adequate yearly progress for 1 year:

(a) Except as otherwise provided in paragraph (b), the board of trustees of the school district in which the school is located shall ensure that the school receives technical assistance in the manner set forth in 20 U.S.C. § 6316(b)(4) and the regulations adopted pursuant thereto. For a charter school sponsored by the school district, the board of trustees shall provide the technical assistance to the charter school in conjunction with the governing body of the charter school.

(b) For a charter school sponsored by the State Board, the Department shall ensure, in conjunction with the governing body of the charter school, that the school receives technical assistance in the manner set forth in 20 U.S.C. § 6316(b)(4) and the regulations adopted pursuant thereto.

2. If a public school fails to make adequate yearly progress for 1 year, the principal of the school shall ensure that the plan to improve the achievement of pupils enrolled in the school is reviewed, revised and approved in accordance with section 9 of this act.

Sec. 12. 1. Except as otherwise provided in subsection 3, if the number of pupils enrolled in a school who took the examinations administered pursuant to NRS 389.550 is less than 95 percent of all pupils enrolled in the school who were required to take the examinations, the Department shall notify the school and the school district in which the school is located that the school is required to provide, in the same school year, for an additional administration of examinations, as prescribed by the State Board pursuant to subsection 2. Except as otherwise provided in this subsection, the school district shall pay for all costs related to the administration of the examinations pursuant to this subsection. If a charter school is required to administer examinations pursuant to this subsection, the charter school shall pay for all costs related to the administration of the examinations to pupils enrolled in the charter school.

2. The State Board shall prescribe by regulation the additional examinations that a school shall administer pursuant to subsection 1.

3. The Department may, for good cause shown, grant a waiver to a school from the requirements of subsection 1.

Sec. 13. If the Department determines that a public school has failed to make adequate yearly progress pursuant to subsection 3 of section 10 of this act:

1. The Department or its designee shall, to the extent money is available, monitor at the school the administration of the examinations that are required pursuant to NRS 389.550 and ensure that all eligible pupils who are in attendance on the day of the administration of the examinations are given an opportunity to take the examinations until the percentage of pupils who take the examinations is 95 percent or more of all pupils enrolled in the school who are required to take the examinations.

2. The school is not required to adopt a program of remedial study pursuant to NRS 385.389 and is not eligible to receive money for remedial programs made available by legislative appropriation for the purposes of NRS 385.389.

Sec. 14. 1. Except as otherwise provided in paragraph (b) of subsection 4, a school must be designated as demonstrating exemplary achievement if the school:

(a) Makes adequate yearly progress, as determined by the Department pursuant to section 10 of this act; and

(b) Satisfies the requirements of the State Board prescribed pursuant to section 4.5 of this act.

2. Except as otherwise provided in paragraph (b) of subsection 4, a school must be designated as demonstrating high achievement if the school:

(a) Makes adequate yearly progress, as determined by the Department pursuant to section 10 of this act; and

(b) Satisfies the requirements of the State Board prescribed pursuant to section 4.5 of this act.

3. Except as otherwise provided in paragraph (b) of subsection 4, a school must be designated as demonstrating adequate achievement if the school makes adequate yearly progress, as determined by the Department pursuant to section 10 of this act.

4. A school must be designated as demonstrating need for improvement if the school:

(a) Fails to make adequate yearly progress, as determined by the Department pursuant to section 10 of this act; or

(b) The school makes adequate yearly progress, as determined by the Department pursuant to section 10 of this act, but was designated as demonstrating need for improvement pursuant to paragraph (a) in the immediately preceding year for failing to make adequate yearly progress.

The initial designation of a school as demonstrating need for improvement must be based upon 2 consecutive years of data and information for that school.

5. If a public school is designated as demonstrating need for improvement pursuant to paragraph (a) of subsection 4, the designation of the school as demonstrating need for improvement must not be removed until the school has made adequate yearly progress for 2 consecutive years.

Sec. 15. 1. Based upon the information received from the Department pursuant to section 10 of this act, the board of trustees of each school district shall designate, on or before July 1 of each year, each public school in the school district in accordance with section 14 of this act, excluding charter schools sponsored by the State Board. The board of trustees shall make designations for all charter schools that are sponsored by the board of trustees. The Department shall make designations for all charter schools that are sponsored by the State Board. The initial designation of a school as demonstrating need for improvement must be based upon 2 consecutive years of data and information for that school.

2. If the board of trustees of a school district or the Department, as applicable, determines that a public school is demonstrating need for improvement, the board of trustees or the Department shall issue a preliminary designation for that school on or before July 1. Before making a final designation for the school, the board of trustees of the school district or the Department, as applicable, shall provide the school an opportunity to review the data upon which the proposed designation is based and to present evidence in the manner set forth in 20 U.S.C. § 6316(b)(2) and the regulations adopted pursuant thereto. If the school is a public school of the school district or a charter school sponsored by the board of trustees, the board of trustees of the school district shall, in consultation with the Department, make a final determination concerning the designation for the school on August 1. If the school is a charter school sponsored by the State Board, the Department shall make a final determination concerning the designation for the school on August 1.

3. On or before August 1 of each year, the Department shall provide written notice of the determinations made pursuant to section 10 of this act and the designations made pursuant to this section as follows:

(a) The determinations and designations made for all schools in this state to the:

(1) Governor;

(2) State Board;

(3) Committee; and

(4) Bureau.

(b) The determinations and designations made for all schools within a school district to the:

(1) Superintendent of schools of the school district; and

(2) Board of trustees of the school district.

(c) The determination and designation made for each school to the principal of the school.

Sec. 16. 1. If a public school is designated as demonstrating need for improvement pursuant to section 14 of this act and the provisions of section 20, 22 or 26 of this act do not apply, the technical assistance partnership established for the school pursuant to this section shall carry out the requirements of section 18 of this act.

2. Except as otherwise provided in subsection 3, if a public school is designated as demonstrating need for improvement pursuant to section 14 of this act and the provisions of section 20, 22 or 26 of this act do not apply, the board of trustees of the school district shall:

(a) Provide notice of the designation to the parents and guardians of pupils enrolled in the school on the form prescribed by the Department pursuant to section 36 of this act;

(b) Ensure that the school receives technical assistance in the manner set forth in 20 U.S.C. § 6316(b)(4) and the regulations adopted pursuant thereto; and

(c) Establish a technical assistance partnership for the school, with the membership prescribed pursuant to section 17 of this act.

3. If a charter school is designated as demonstrating need for improvement pursuant to section 14 of this act and the provisions of section 20, 22 or 26 of this act do not apply:

(a) The governing body of the charter school shall:

(1) Provide notice of the designation to the parents and guardians of pupils enrolled in the charter school on the form prescribed by the Department pursuant to section 36 of this act; and

(2) Establish a technical assistance partnership for the charter school, with the membership prescribed pursuant to section 17 of this act.

(b) For a charter school sponsored by the board of trustees of a school district, the board of trustees shall, in conjunction with the governing body of the charter school, ensure that the charter school receives technical assistance in the manner set forth in 20 U.S.C. § 6316(b)(4) and the regulations adopted pursuant thereto. The provisions of this paragraph do not require the school district to pay for the technical assistance partnership established by the governing body of the charter school.

(c) For a charter school sponsored by the State Board, the Department shall, in conjunction with the governing body of the charter school, ensure that the charter school receives technical assistance in the manner set forth in 20 U.S.C. § 6316(b)(4) and the regulations adopted pursuant thereto.

4. In addition to the requirements of subsection 2 or 3, as applicable, if a Title I school is designated as demonstrating need for improvement pursuant to section 14 of this act and the provisions of section 20, 22 or 26 of this act do not apply:

(a) Except as otherwise provided in paragraph (b), the board of trustees of the school district shall provide school choice to the parents and guardians of pupils enrolled in the school, including, without limitation, a charter school sponsored by the school district, in accordance with 20 U.S.C. § 6316(b)(1) and the regulations adopted pursuant thereto.

(b) For a charter school sponsored by the State Board, the Department shall work cooperatively with the board of trustees of the school district in which the charter school is located to provide school choice to the parents and guardians of pupils enrolled in the charter school in accordance with 20 U.S.C. § 6316(b)(1) and the regulations adopted pursuant thereto.

Sec. 17. 1. The membership of each technical assistance partnership established by the board of trustees of a school district for a public school pursuant to section 16 of this act:

(a) Must consist of:

(1) At least one employee of the public school for which the partnership is established; and

(2) At least one representative of the school district.

(b) May consist of other persons, as determined by the board of trustees, in accordance with the needs of the school based upon the data and information pertaining to that school.

2. The membership of each technical assistance partnership established by the governing body of a charter school:

(a) Must consist of:

(1) At least one employee of the charter school;

(2) At least one member of the governing body of the charter school;

(3) For a charter school sponsored by the board of trustees of the school district, at least one representative of the school district, appointed by the school district; and

(4) For a charter school sponsored by the State Board, at least one representative of the Department, appointed by the Department.

(b) May consist of other persons, as determined by the governing body, in accordance with the needs of the charter school based upon the data and information pertaining to that charter school.

Sec. 18. 1. Each technical assistance partnership established for a public school shall complete a form prescribed by the Department pursuant to this section or an expanded form, if applicable, that includes:

(a) A review and analysis of the operation of the school, including, without limitation, the design and operation of the instructional program of the school;

(b) A review and analysis of the data pertaining to the school based upon the report required pursuant to subsection 2 of NRS 385.347 and a review and analysis of any data that is more recent;

(c) A review of the most recent plan to improve the achievement of the school’s pupils; and

(d) An identification of the problems and factors at the school that contributed to the designation of the school as demonstrating need for improvement.

2. Each technical assistance partnership established for a public school shall:

(a) Assist the school in developing recommendations for improving the performance of pupils who are enrolled in the school; and

(b) Adopt, in consultation with the employees of the school, written revisions to the most recent plan to improve the achievement of the school’s pupils for approval pursuant to section 9 of this act. The written revisions must:

(1) Include the data and findings of the technical assistance partnership that provide support for the revisions;

(2) If the school is a Title I school, be developed in consultation with parents and guardians of pupils enrolled in the school and, to the extent deemed appropriate by the entity that created the technical assistance partnership, outside experts;

(3) Set forth a timeline to carry out the revisions;

(4) Set forth priorities for the school in carrying out the revisions; and

(5) Set forth the duties of each person who is responsible for carrying out the revisions.

3. On or before November 1 of each year, each technical assistance partnership shall submit the form completed pursuant to subsection 1 to the:

(a) Department;

(b) Bureau;

(c) Board of trustees of the school district or governing body of the charter school, as applicable; and

(d) Principal of the school.

4. The Department shall, in consultation with the Bureau:

(a) Prescribe a form that contains the basic information for a technical assistance partnership to carry out its duties pursuant to subsection 1; and

(b) Make the form available on a computer disc for use by technical assistance partnerships and, upon request, in any other manner deemed reasonable by the Department.

5. Except as otherwise provided in this subsection, each technical assistance partnership shall use the form prescribed by the Department to carry out its duties pursuant to subsection 1. A school district or governing body of a charter school may prescribe an expanded form that contains additions to the form prescribed by the Department if the basic information contained in the expanded form complies with the form prescribed by the Department.

Sec. 19. (Deleted by amendment.)

Sec. 20. 1. If a public school is designated as demonstrating need for improvement pursuant to section 14 of this act for 2 consecutive years, the technical assistance partnership established for the school pursuant to section 16 of this act shall carry out the requirements of section 18 of this act.

2. Except as otherwise provided in subsection 3, if a public school is designated as demonstrating need for improvement pursuant to section 14 of this act for 2 consecutive years, the board of trustees of the school district shall:

(a) Provide notice of the designation to the parents and guardians of pupils enrolled in the school on the form prescribed by the Department pursuant to section 36 of this act;

(b) Ensure that the school receives technical assistance in the manner set forth in 20 U.S.C. § 6316(b)(4) and the regulations adopted pursuant thereto; and

(c) Continue the technical assistance partnership for the school.

3. If a charter school is designated as demonstrating need for improvement pursuant to section 14 of this act for 2 consecutive years:

(a) The governing body of the charter school shall:

(1) Provide notice of the designation to the parents and guardians of pupils enrolled in the school on the form prescribed by the Department pursuant to section 36 of this act; and

(2) Continue the technical assistance partnership for the school.

Sec. 21. 1. In addition to the requirements of section 20 of this act, if a Title I school is designated as demonstrating need for improvement pursuant to section 14 of this act for 2 consecutive years for failing to make adequate yearly progress:

(a) Except as otherwise provided in paragraph (b), the board of trustees of the school district shall:

(1) Provide school choice to the parents and guardians of pupils enrolled in the school in accordance with 20 U.S.C. § 6316(b)(1) and the regulations adopted pursuant thereto.

(2) Except as otherwise provided in subsection 2, provide supplemental educational services in accordance with 20 U.S.C. § 6316(e) and the regulations adopted pursuant thereto from a provider approved pursuant to section 37 of this act, unless a waiver is granted pursuant to that provision of federal law.

(b) If the school is a charter school:

(1) Sponsored by the board of trustees of a school district, the board of trustees shall provide school choice to the parents and guardians of pupils enrolled in the school in accordance with 20 U.S.C. § 6316(b)(1) and the regulations adopted pursuant thereto.

(2) Sponsored by the State Board, the Department shall work cooperatively with the board of trustees of the school district in which the charter school is located to provide school choice to the parents and guardians of pupils enrolled in the charter school in accordance with 20 U.S.C. § 6316(b)(1) and the regulations adopted pursuant thereto.

(3) Except as otherwise provided in subsection 3, the governing body of the charter school shall provide supplemental educational services in accordance with 20 U.S.C. § 6316(e) and the regulations adopted pursuant thereto from a provider approved pursuant to section 37 of this act, unless a waiver is granted pursuant to that provision of federal law.

2. The board of trustees of a school district shall grant a delay from the imposition of supplemental educational services for a school for a period not to exceed 1 year if the school qualifies for a delay pursuant to 20 U.S.C. § 6316(b)(7)(D). If the school fails to make adequate yearly progress during the period of the delay, the provisions of section 22 of this act apply to the school as if the delay never occurred.

3. The sponsor of a charter school shall grant a delay from the imposition of supplemental educational services for the charter school for a period not to exceed 1 year if the charter school qualifies for a delay pursuant to 20 U.S.C. § 6316(b)(7)(D). If the charter school fails to make adequate yearly progress during the period of the delay, the provisions of section 22 of this act apply to the charter school as if the delay never occurred.

Sec. 22. 1. If a public school is designated as demonstrating need for improvement pursuant to section 14 of this act for 3 consecutive years, the support team established for the school pursuant to this section shall carry out the requirements of sections 24 and 24.3 of this act.

2. Except as otherwise provided in subsection 3, if a public school is designated as demonstrating need for improvement pursuant to section 14 of this act for 3 consecutive years:

(a) The board of trustees of the school district shall:

(1) Provide notice of the designation to the parents and guardians of pupils enrolled in the school on the form prescribed by the Department pursuant to section 36 of this act; and

(2) Ensure that the school receives technical assistance in the manner set forth in 20 U.S.C. § 6316(b)(4) and the regulations adopted pursuant thereto.

(b) The Department shall establish a support team for the school, with the membership prescribed pursuant to section 23 of this act.

3. If a charter school is designated as demonstrating need for improvement pursuant to section 14 of this act for 3 consecutive years:

(a) The governing body of the charter school shall provide notice of the designation to the parents and guardians of pupils enrolled in the charter school on the form prescribed by the Department pursuant to section 36 of this act.

(d) The Department shall establish a support team for the school, with the membership prescribed pursuant to section 23 of this act.

Sec. 23. The membership of each support team established pursuant to section 22 of this act:

1. Must consist of, without limitation:

(a) Teachers and principals who are considered highly qualified and who are not employees of the public school for which the support team is established;

(b) At least one representative of the Department;

(c) Except for a charter school, at least one administrator at the district level who is employed by the board of trustees of the school district;

(d) At least one parent or guardian of a pupil who is enrolled in the public school for which the support team is established; and

(e) In addition to the requirements of paragraphs (a) to (d), inclusive, for a charter school:

(1) At least one member of the governing body of the charter school, regardless of the sponsor of the charter school; and

(2) If the charter school is sponsored by the board of trustees of a school district, at least one employee of the school district, which may include an administrator.

2. May consist of, without limitation:

(a) Except for a charter school, one or more members of the board of trustees of the school district in which the school is located;

(b) Representatives of institutions of higher education;

(c) Representatives of regional educational laboratories;

(d) Representatives of outside consultant groups;

(e) Representatives of the regional training program for the professional development of teachers and administrators established pursuant to NRS 391.512 that provides services to the school district in which the school is located;

(f) The Bureau; and

(g) Other persons who the Department determines are appropriate.

Sec. 24. Each support team established for a public school pursuant to section 22 of this act shall:

1. Review and analyze the operation of the school, including, without limitation, the design and operation of the instructional program of the school.

2. Review and analyze the data pertaining to the school upon which the report required pursuant to subsection 2 of NRS 385.347 is based and review and analyze any data that is more recent than the data upon which the report is based.

3. Review the most recent plan to improve the achievement of the school’s pupils.

4. Identify and investigate the problems and factors at the school that contributed to the designation of the school as demonstrating need for improvement.

5. Assist the school in developing recommendations for improving the performance of pupils who are enrolled in the school.

6. Except as otherwise provided in this paragraph, make recommendations to the board of trustees of the school district, the State Board and the Department concerning additional assistance for the school in carrying out the plan for improvement of the school. For a charter school sponsored by the State Board, the support team shall make the recommendations to the State Board and the Department.

7. In accordance with its findings pursuant to this subsection and section 24.3 of this act, submit, on or before November 1, written revisions to the most recent plan to improve the achievement of the school’s pupils for approval pursuant to section 9 of this act. The written revisions must:

(a) Comply with section 9 of this act;

(b) If the school is a Title I school, be developed in consultation with parents and guardians of pupils enrolled in the school and, to the extent deemed appropriate by the entity that created the support team, outside experts;

(c) Include the data and findings of the support team that provide support for the revisions;

(d) Set forth goals and objectives for the school that are:

(1) Designed to improve the achievement of the school’s pupils;

(2) Specific;

(3) Measurable; and

(4) Conducive to reliable evaluation;

(e) Set forth a timeline to carry out the revisions;

(f) Set forth priorities for the school in carrying out the revisions; and

(g) Set forth the duties of each person who is responsible for carrying out the revisions.

8. Except as otherwise provided in this subsection, work cooperatively with the board of trustees of the school district in which the school is located, the employees of the school, and the parents and guardians of pupils enrolled in the school to carry out and monitor the plan for improvement of the school. If a charter school is sponsored by the State Board, the Department shall assist the school with carrying out and monitoring the plan for improvement of the school.

9. In addition to the requirements of this section, if the support team is established for a Title I school, carry out the requirements of 20 U.S.C. § 6317(a)(5).

Sec. 24.3. 1. In addition to the duties prescribed in section 24 of this act, a support team established for a school shall prepare an annual written report that includes:

(a) Information concerning the most recent plan to improve the achievement of the school’s pupils, including, without limitation, an evaluation of:

(1) The appropriateness of the plan for the school; and

(2) Whether the school has achieved the goals and objectives set forth in the plan;

(b) The written revisions to the plan to improve the achievement of the school’s pupils submitted by the support team pursuant to section 24 of this act;

(c) A summary of each program for remediation, if any, purchased for the school with money that is available from the Federal Government, this state and the school district in which the school is located, including, without limitation:

(1) The name of the program;

(2) The date on which the program was purchased and the date on which the program was carried out by the school;

(3) The percentage of personnel at the school who were trained regarding the use of the program;

(4) The satisfaction of the personnel at the school with the program; and

(5) An evaluation of whether the program has improved the academic achievement of the pupils enrolled in the school who participated in the program;

(d) An analysis of the problems and factors at the school which contributed to the designation of the school as demonstrating need for improvement, including, without limitation, 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 support team believes contributed to the designation of the school as demonstrating need for improvement; and

(e) Other information concerning the school, including, without limitation:

(1) The results of the pupils who are enrolled in the school on the examinations that are administered pursuant to NRS 389.550 or the high school proficiency examination, as applicable;

(2) Records of the attendance and truancy of pupils who are enrolled in the school;

(3) The transiency rate of pupils who are enrolled in the school;

(4) A description of the number of years that each teacher has provided instruction at the school and the rate of turnover of teachers and other educational personnel employed at the school;

(5) A description of the participation of parents and legal guardians in the educational process and other activities relating to the school;

(6) A description of each source of money for the remediation of pupils who are enrolled in the school; and

(7) A description of the disciplinary problems of the pupils who are enrolled in the school, including, without limitation, the information contained in paragraphs (k) to (n), inclusive, of subsection 2 of NRS 385.347.

2. On or before November 1, the support team shall submit a copy of the final written report to the:

(a) Principal of the school;

(b) Board of trustees of the school district in which the school is located;

(c) Superintendent of schools of the school district in which the school is located;

(d) Department; and

(e) Bureau.

The support team shall make the written report available, upon request, to each parent or legal guardian of a pupil who is enrolled in the school.

Sec. 24.7. 1. In addition to the requirements of section 22 of this act, if a Title I school is designated as demonstrating need for improvement pursuant to section 14 of this act for 3 consecutive years:

(a) Except as otherwise provided in paragraph (b), the board of trustees of the school district shall:

(1) Provide school choice to the parents and guardians of pupils enrolled in the school in accordance with 20 U.S.C. § 6316(b)(1) and the regulations adopted pursuant thereto;

(2) Provide supplemental educational services in accordance with 20 U.S.C. § 6316(e) and the regulations adopted pursuant thereto from a provider approved pursuant to section 37 of this act, unless a waiver is granted pursuant to that provision of federal law; and

(3) Except as otherwise provided in subsection 2, take corrective action pursuant to 20 U.S.C. § 6316(b)(7) and the regulations adopted pursuant thereto.

(b) If the school is a charter school:

(1) Sponsored by the board of trustees of a school district, the board of trustees shall:

(I) Provide school choice to the parents and guardians of pupils enrolled in the charter school in accordance with 20 U.S.C. § 6316(b)(1); and

(II) Except as otherwise provided in subsection 3, take corrective action pursuant to 20 U.S.C. § 6316(b)(7) and the regulations adopted pursuant thereto.

(2) Sponsored by the State Board, the Department shall:

(I) Work cooperatively with the board of trustees of the school district in which the charter school is located to provide school choice to the parents and guardians of pupils enrolled in the school in accordance with 20 U.S.C. § 6316(b)(1) and the regulations adopted pursuant thereto; and

(II) Except as otherwise provided in subsection 3, take corrective action pursuant to 20 U.S.C. § 6316(b)(7) and the regulations adopted pursuant thereto.

(3) Regardless of the sponsor, the governing body of the charter school shall provide supplemental educational services in accordance with 20 U.S.C. § 6316(e) and the regulations adopted pursuant thereto from a provider approved pursuant to section 37 of this act, unless a waiver is granted pursuant to that provision of federal law.

2. The board of trustees of a school district shall grant a delay from the imposition of corrective action for a school for a period not to exceed 1 year if the school qualifies for a delay pursuant to 20 U.S.C. § 6316(b)(7)(D). If the school fails to make adequate yearly progress during the period of the delay, the provisions of section 26 of this act apply as if the delay never occurred.

3. The sponsor of a charter school shall grant a delay from the imposition of corrective action for the charter school for a period not to exceed 1 year if the charter school qualifies for a delay pursuant to 20 U.S.C. § 6316(b)(7)(D). If the charter school fails to make adequate yearly progress during the period of the delay, the provisions of section 26 of this act apply as if the delay never occurred.

Sec. 25. 1. Except as otherwise provided in subsection 2, if a public school that is not a Title I school is designated as demonstrating need for improvement pursuant to section 14 of this act for 3 consecutive years for failing to make adequate yearly progress, the support team established for the school shall consider whether corrective action is appropriate for the school. If the support team determines that corrective action is appropriate, the support team shall make a recommendation to the Department for corrective action for the school, including, without limitation, the type of corrective action that is recommended. Regardless of whether a support team recommends corrective action for a school, the Department may take one or more of the following corrective actions for the school in the manner set forth in 20 U.S.C. § 6316(b)(7):

(a) Replace employees at the school if the Department determines, in consultation with the board of trustees of the school district, that those employees contributed to the failure of the school to make adequate yearly progress.

(b) Develop and carry out a new curriculum at the school, including the provision of appropriate professional development relating to the new curriculum.

(c) Decrease the number of employees at the school who carry out managerial duties.

(d) Appoint an expert to advise the school regarding its progress toward making adequate yearly progress based upon the plan for improvement of the school.

(e) Extend the school year or the school day.

(f) Restructure the internal organization of the school.

2. The Department shall grant a delay from the imposition of corrective action for a school for a period not to exceed 1 year if the school qualifies for a delay in the manner set forth in 20 U.S.C. § 6316(b)(7)(D). If the school fails to make adequate yearly progress during the period of the delay, the Department may proceed with corrective action as if the delay never occurred.

Sec. 26. 1. If a public school is designated as demonstrating need for improvement pursuant to section 14 of this act for 4 or more consecutive years, the support team established for the school pursuant to section 22 of this act shall carry out the requirements of sections 24 and 24.3 or 25 of this act, as applicable.

2. Except as otherwise provided in subsection 3, if a public school is designated as demonstrating need for improvement pursuant to section 14 of this act for 4 or more consecutive years:

(a) The board of trustees of the school district shall:

(1) Provide notice of the designation to the parents and guardians of pupils enrolled in the school on the form prescribed by the Department pursuant to section 36 of this act; and

(2) Ensure that the school receives technical assistance in the manner set forth in 20 U.S.C. § 6316(b)(4) and the regulations adopted pursuant thereto.

(b) The Department shall continue a support team for the school.

3. If a charter school is designated as demonstrating need for improvement pursuant to section 14 of this act for 4 or more consecutive years:

(a) The governing body of the charter school shall provide notice of the designation to the parents and guardians of pupils enrolled in the school on the form prescribed by the Department pursuant to section 36 of this act.

(d) The Department shall continue a support team for the charter school.

Sec. 26.3. 1. In addition to the requirements of section 26 of this act, if a Title I school is designated as demonstrating need for improvement pursuant to section 14 of this act for 4 or more consecutive years:

(a) Except as otherwise provided in paragraph (b), the board of trustees of the school district shall:

(1) Provide school choice to the parents and guardians of pupils enrolled in the school in accordance with 20 U.S.C. § 6316(b)(1) and the regulations adopted pursuant thereto;

(3) Except as otherwise provided in subsection 2, proceed with a plan for restructuring the school if required by 20 U.S.C. § 6316(b)(8) and the regulations adopted pursuant thereto.

(b) If the school is a charter school:

(1) Sponsored by the board of trustees of a school district, the board of trustees shall:

(I) Provide school choice to the parents and guardians of pupils enrolled in the charter school in accordance with 20 U.S.C. § 6316(b)(1); and

(II) Except as otherwise provided in subsection 3, proceed with a plan for restructuring the school if required by 20 U.S.C. § 6316(b)(8) and the regulations adopted pursuant thereto.

(2) Sponsored by the State Board, the Department shall:

(II) Except as otherwise provided in subsection 3, proceed with a plan for restructuring the school if required by 20 U.S.C. § 6316(b)(8) and the regulations adopted pursuant thereto.

2. The board of trustees of a school district shall grant a delay from the imposition of a plan for restructuring for a school for a period not to exceed 1 year if the school qualifies for a delay pursuant to 20 U.S.C. § 6316(b)(7)(D). If the school fails to make adequate yearly progress during the period of the delay, the board of trustees shall proceed with a plan for restructuring the school as if the delay never occurred.

3. The sponsor of a charter school shall grant a delay from the imposition of a plan for restructuring for the charter school for a period not to exceed 1 year if the charter school qualifies for a delay pursuant to 20 U.S.C. § 6316(b)(7)(D). If the charter school fails to make adequate yearly progress during the period of the delay, the Department shall proceed with a plan for restructuring the charter school as if the delay never occurred.

4. Before the board of trustees of a school district or the Department proceeds with a plan for restructuring, the board of trustees or the Department, as applicable, shall provide to the administrators, teachers and other educational personnel employed at that school, and parents and guardians of pupils enrolled in the school:

(a) Notice that the board of trustees or the Department, as applicable, will develop a plan for restructuring the school;

(b) An opportunity to comment before the plan to restructure is developed; and

(c) An opportunity to participate in the development of the plan to restructure.

Sec. 26.7. 1. Except as otherwise provided in subsection 2, if a public school that is not a Title I school is designated as demonstrating need for improvement pursuant to section 14 of this act for 4 or more consecutive years for failure to make adequate yearly progress, the support team for the school shall:

(a) If corrective action was not taken against the school pursuant to section 25 of this act, consider whether corrective action is appropriate for the school.

(b) If corrective action was taken against the school pursuant to section 25 of this act, consider whether further corrective action is appropriate or whether a plan for restructuring the school is appropriate.

Regardless of whether a support team recommends corrective action or restructuring for a school, the Department may take corrective action as set forth in section 25 of this act or proceed with a plan for restructuring the school as set forth in section 27 of this act.

2. The Department shall grant a delay from the imposition of corrective action or restructuring pursuant to this section for a school for a period not to exceed 1 year if the school qualifies for a delay in the manner set forth in 20 U.S.C. § 6316(b)(7)(D). If the school fails to make adequate yearly progress during the period of the delay, the Department may proceed with corrective action or a plan for restructuring the school, as appropriate, as if the delay never occurred.

3. Before the Department proceeds with a plan for restructuring, the board of trustees or the Department, as applicable, shall provide to the administrators, teachers and other educational personnel employed at that school, and parents and guardians of pupils enrolled in the school:

(a) Notice that the board of trustees or the Department, as applicable, will develop a plan for restructuring the school;

(b) An opportunity to comment before the plan to restructure is developed; and

(c) An opportunity to participate in the development of the plan to restructure.

Sec. 27. 1. If restructuring for a school is required pursuant to 20 U.S.C. § 6316(b)(8) or if the Department determines that restructuring is appropriate for a school pursuant to section 26.7 of this act, the board of trustees of the school district or the Department, as applicable, shall carry out a plan for restructuring that includes:

(a) Replacing those employees at the school who contributed to the failure of the school to make adequate yearly progress;

(b) Entering into a contract with an entity, including, without limitation, a private management company, with a demonstrated record of effectiveness to operate the public school;

(c) If the board of trustees is responsible for restructuring, requesting that the Department oversee the operation of the public school;

(d) If the Department is responsible for restructuring, designating the Department as responsible for overseeing the operation of the school; or

(e) Taking any other action to restructure the governance of the school if the action is designed to improve the academic achievement of pupils enrolled in the school and has substantial promise of ensuring that the school makes adequate yearly progress.

2. Before the board of trustees of a school district or the Department takes action pursuant to subsection 1, the board of trustees or the Department, as applicable, shall provide to the administrators, teachers and other educational personnel employed at that school, and the parents and guardians of pupils enrolled in the school:

(a) Notice that a plan for restructuring will be carried out at the school; and

(b) An opportunity to comment on the appropriate action that should be carried out pursuant to subsection 1.

Secs. 28 and 29. (Deleted by amendment.)

Sec. 30. 1. On or before July 1 of each year, the Department shall determine whether each school district is making adequate yearly progress, as defined by the State Board pursuant to section 4 of this act. The pupils who are enrolled in a charter school, if any, located within a school district must not be included in the determination made for that school district. The determination made for each school district must be based only upon the information and data for those pupils who were enrolled in the school district for a full academic year, regardless of whether those pupils attended more than one school within the school district for that academic year.

2. Except as otherwise provided in this subsection, the Department shall determine that a school district has failed to make adequate yearly progress if any subgroup of pupils identified in paragraph (b) of subsection 1 of section 4 of this act who are enrolled in the school district does not satisfy the annual measurable objectives established by the State Board pursuant to that section. To comply with 20 U.S.C. § 6311(b)(2)(I) and the regulations adopted pursuant thereto, the State Board shall prescribe by regulation the conditions under which a school district shall be deemed to have made adequate yearly progress even though a subgroup of pupils identified in paragraph (b) of subsection 1 of section 4 of this act who are enrolled in the school district did not satisfy the annual measurable objectives of the State Board.

3. In addition to the provisions of subsection 2, the Department shall determine that a school district has failed to make adequate yearly progress if:

(a) The number of pupils enrolled in the school district who took the examinations administered pursuant to NRS 389.550 or the high school proficiency examination, as applicable, is less than 95 percent of all pupils enrolled in the school district who were required to take the examinations; or

(b) Except as otherwise provided in subsection 4, for each subgroup of pupils identified in paragraph (b) of subsection 1 of section 4 of this act, the number of pupils enrolled in the school district who took the examinations administered pursuant to NRS 389.550 or the high school proficiency examination, as applicable, is less than 95 percent of all pupils in the subgroup who were required to take the examinations.

4. If the number of pupils in a particular subgroup who are enrolled in a school district is insufficient to yield statistically reliable information:

(a) The Department shall not determine that the school district has failed to make adequate yearly progress pursuant to paragraph (b) of subsection 3 based solely upon that particular subgroup.

(b) The pupils in such a subgroup must be included in the overall count of pupils enrolled in the school district who took the examinations.

The State Board shall prescribe the mechanism for determining the minimum number of pupils that must be in a subgroup for that subgroup to yield statistically reliable information.

Sec. 31. 1. The Department shall designate, on or before July 1 of each year, each school district pursuant to section 32 of this act. The initial designation of a school district as demonstrating need for improvement must be based upon 2 consecutive years of data and information for that school district.

2. If the Department determines that a school district is demonstrating need for improvement, the Department shall issue a preliminary designation for that school district on July 1. Before making a final designation for a school district, the Department shall provide the school district an opportunity to review the data upon which the proposed designation is based and to present evidence in the manner set forth in 20 U.S.C. § 6316(c)(5) and the regulations adopted pursuant thereto. Not later than August 1, the Department shall make a final determination concerning the designation of the school district.

3. On or before August 1 of each year, the Department shall provide written notice of the determinations made pursuant to section 30 of this act and the final designations made pursuant to section 32 of this act as follows:

(a) The determinations made for all school districts in this state to the:

(1) Governor;

(2) State Board;

(3) Committee; and

(4) Bureau.

(b) The determination made for a school district to the:

(1) Superintendent of schools of the school district; and

(2) Board of trustees of the school district.

4. On or before August 1 of each year, the Department shall make public the results of the review of school districts pursuant to this section and disseminate the results to school personnel, parents and guardians, pupils and members of the general public. The publication and distribution must be made in the manner set forth in 20 U.S.C. § 6316(c)(1) and the regulations adopted pursuant thereto.

Sec. 32. 1. Except as otherwise provided in paragraph (b) of subsection 4, a school district must be designated as demonstrating exemplary achievement if the school district:

(a) Makes adequate yearly progress, as determined by the Department pursuant to section 30 of this act; and

(b) Satisfies the requirements prescribed by the State Board pursuant to section 4.5 of this act.

2. Except as otherwise provided in paragraph (b) of subsection 4, a school district must be designated as demonstrating high achievement if the school district:

(a) Makes adequate yearly progress, as determined by the Department pursuant to section 30 of this act; and

(b) Satisfies the requirements of the State Board prescribed pursuant to section 4.5 of this act.

3. Except as otherwise provided in paragraph (b) of subsection 4, a school district must be designated as demonstrating adequate achievement if the school district makes adequate yearly progress, as determined by the Department pursuant to section 30 of this act.

4. A school district must be designated as demonstrating need for improvement if:

(a) The school district fails to make adequate yearly progress, as determined by the Department pursuant to section 30 of this act; or

(b) The school district makes adequate yearly progress, as determined by the Department pursuant to section 30 of this act, but was designated as demonstrating need for improvement pursuant to paragraph (a) in the immediately preceding year for failing to make adequate yearly progress.

The initial designation of a school district as demonstrating need for improvement must be based upon 2 consecutive years of data and information for that school district.

5. If a school district is designated as demonstrating need for improvement pursuant to paragraph (a) of subsection 4, the designation of the school district as demonstrating need for improvement must not be removed until the school district has made adequate yearly progress for 2 consecutive years.

Sec. 33. 1. If a school district is designated as demonstrating need for improvement pursuant to section 32 of this act, the Department shall provide notice of the designation to the parents and guardians of pupils enrolled in the school district on the form prescribed by the Department pursuant to section 36 of this act. The State Board shall prescribe, by regulation, the time by which such notice must be provided.

2. If a school district is designated as demonstrating need for improvement pursuant to section 32 of this act, the Department and any other entity authorized by the Department, including, without limitation, the Bureau, shall provide technical assistance to the school district in the manner set forth in 20 U.S.C. § 6316(c)(9) and the regulations adopted pursuant thereto.

3. Except as otherwise provided in section 35 of this act, after providing technical assistance pursuant to subsection 2, the Department may take corrective action in the manner set forth in 20 U.S.C. § 6316(c)(10) and the regulations adopted pursuant thereto against a school district that is designated as demonstrating need for improvement, including, without limitation, a school district that is not a Title I school district.

4. Except as otherwise provided in section 35 of this act, if a Title I school district is designated as demonstrating need for improvement for 3 or more consecutive years, the Department shall take corrective action as set forth in 20 U.S.C. § 6316(c)(10) and the regulations adopted pursuant thereto against the school district.

Sec. 34. 1. Except as otherwise provided in section 35 of this act, if corrective action for a school district is required pursuant to 20 U.S.C. § 6316(c)(10) or if the Department determines that corrective action is appropriate for a school district pursuant to subsection 3 of section 33 of this act, the Department shall take one or more of the following corrective actions:

(a) Deferring money for programs or reducing money for administrative purposes.

(b) Instituting and fully carrying out a new curriculum that is based upon the standards of content and performance adopted by the State Board pursuant to NRS 389.520, including, without limitation, the provision of appropriate professional development relating to the new curriculum.

(c) Replacing employees of the school district if the Department determines that those employees contributed to the failure of the school district to make adequate yearly progress.

(d) Removing particular schools within the school district from the jurisdiction of the school district and establishing an alternative system of governance and supervision for those schools.

(e) Appointing a receiver or trustee to administer the affairs of the school district.

(f) Taking appropriate steps to abolish the school district, including, without limitation, making recommendations to the Legislature for revisions to applicable statutes to abolish the school district.

(g) Authorizing pupils to transfer from schools operated by the school district to schools operated by another school district that are not designated as demonstrating need for improvement.

2. Before carrying out corrective action pursuant to this section, the Department shall provide notice to the board of trustees of the school district and an opportunity for a hearing. The Department shall continue to provide technical assistance pursuant to subsection 2 of section 33 of this act during the time that the corrective action is carried out.

3. If corrective action is taken against a school district pursuant to this section, the Department shall, not later than 10 days after the corrective action is taken, provide notice to the parents and guardians of pupils enrolled in the school district, the Governor, the Committee, the Bureau and the general public concerning the corrective action. The notice must comply with 20 U.S.C. § 6316(c)(10).

Sec. 35. The Department shall grant a delay from the imposition of corrective action for a school district for a period not to exceed 1 year if the school district qualifies for a delay in the manner set forth in 20 U.S.C. § 6316(c)(10)(F). If the school district fails to make adequate yearly progress during the period of the delay, the Department shall proceed with corrective action as if the delay never occurred.

Sec. 36. 1. The Department shall prescribe a form for notice to parents and guardians concerning the designation of a public school as demonstrating need for improvement pursuant to section 14 of this act. For Title I schools, the notice must comply with 20 U.S.C. § 6316(b)(6) and the regulations adopted pursuant thereto.

2. The Department shall prescribe a form for notice to parents and guardians pursuant to section 33 of this act concerning the designation of a school district as demonstrating need for improvement. For Title I school districts, the notice must comply with 20 U.S.C. § 6316(c)(6) and the regulations adopted pursuant thereto.

Sec. 37. 1. The Department shall select, in the manner set forth in 20 U.S.C. § 6316(e) and the regulations adopted pursuant thereto, providers of supplemental educational services that must be used by Title I schools designated as demonstrating need for improvement pursuant to sections 21, 24.7 and 26.3 of this act. In making a selection of providers, the Department shall consider the recommendations submitted by the Committee pursuant to NRS 218.5354.

2. The Department shall maintain an updated list of approved providers throughout this state, categorized by the school districts in which the supplemental educational services are offered.”.

Amend sec. 41, page 46, line 22, by deleting “April 1” and inserting “August 15”.

Amend sec. 41, page 47, line 16, by deleting “(d)” and inserting “(b)”.

Amend sec. 41, page 47, by deleting line 18 and inserting “Board;”.

Amend sec. 41, page 48, line 20, by deleting “district,” and inserting: “district and the district as a whole,”.

Amend sec. 41, page 48, by deleting lines 36 through 38 and inserting: “teachers, in the aggregate and disaggregated by high-poverty compared to low-poverty schools, which for the purposes of this subparagraph, means schools in the top quartile of poverty and the bottom quartile of poverty in this state.”.

Amend sec. 41, page 48, line 41, after “district.” by inserting: “If this state has a financial analysis program that is designed to track educational expenditures and revenues to individual schools, each school district shall use that statewide program in complying with this paragraph. If a statewide program is not available, each school district shall use its own financial analysis program in complying with this paragraph.”.

Amend sec. 41, page 51, by deleting lines 29 and 30 and inserting:

“(2) The number and percentage of all paraprofessionals who do not satisfy the qualifications set forth in 20 U.S.C. § 6319(c). The reporting requirements of this subparagraph apply to paraprofessionals who are employed in positions supported with Title I money and to paraprofessionals who are not employed in positions supported with Title I money.”.

Amend sec. 41, page 52, line 15, after “thereto;” by inserting “and”.

Amend sec. 41, page 52, by deleting line 16.

Amend sec. 41, page 52, line 17, by deleting “(c)” and inserting “(b)”.

Amend sec. 41, page 53, line 7, by deleting “April 1” and inserting “August 15”.

Amend sec. 41, page 53, by deleting lines 22 and 23 and inserting:

“9. As used in this section:

(a) “Highly qualified” has the meaning ascribed to it in 20 U.S.C. § 7801(23).

(b) “Paraprofessional” has the meaning ascribed to it in section 84 of this act.”.

Amend the bill as a whole by deleting sec. 42 and adding:

“Sec. 42. (Deleted by amendment.)”.

Amend sec. 44, page 62, by deleting lines 7 through 10 and inserting:

“2. ~~[A school that receives a designation as demonstrating need for improvement pursuant to paragraph (a) of subsection 1 of NRS 385.367]~~ Except as otherwise provided in section 13 of this act, if a school fails to make adequate yearly progress or if less than 60 percent of the pupils enrolled in a 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, the school shall adopt a program of remedial”.

Amend sec. 44, page 62, line 13, by deleting “12” and inserting “13”.

Amend sec. 44, page 62, by deleting lines 14 through 16 and inserting: “school district that includes a school ~~[which receives a designation of demonstrating need for improvement pursuant to paragraph (a) of subsection 1 of NRS 385.367]~~ described in subsection 2 shall ensure”.

Amend sec. 45, page 62, line 40, by deleting “(d)” and inserting “(b)”.

Amend sec. 46, page 63, by deleting lines 12 through 19 and inserting:

“1. A person who is initially hired as a paraprofessional by a charter school after January 8, 2002, to work in a program supported with Title I money must possess the qualifications required by 20 U.S.C. § 6319(c).

2. A person who is employed as a paraprofessional by a charter school, regardless of the date of hire, to work in a program supported with Title I money must possess, on or before January 8, 2006, the qualifications required by 20 U.S.C. § 6319(c).

3. For the purposes of this section, a person is not “initially hired” if he has been employed as a paraprofessional by another school district or charter school in this state without an interruption in employment before the date of hire by his current employer.

4. As used in this section, “paraprofessional” has the meaning ascribed to it in section 84 of this act.”.

Amend the bill as a whole by deleting sections 48 through 52 and adding:

“Secs. 48-52. (Deleted by amendment.)”.

Amend sec. 53, page 69, line 33, after “grades.” by inserting: “If required by subsection 3 or 4, such a teacher must possess the qualifications required by 20 U.S.C. § 6319(a).”.

Amend sec. 53, page 70, by deleting lines 13 through 34 and inserting:

“3. A person who is initially hired by the governing body of a charter school on or after January 8, 2002, to teach in a program supported with money from Title I must possess the qualifications required by 20 U.S.C. § 6319(a). For the purposes of this subsection, a person is not “initially hired” if he has been employed as a teacher by another school district or charter school in this state without an interruption in employment before the date of hire by his current employer.

4. A teacher who is employed by a charter school, regardless of the date of hire, must, on or before July 1, 2006, possess the qualifications required by 20 U.S.C. § 6319(a) if he teaches one or more of the following subjects:

(a) English, reading or language arts;

(b) Mathematics;

(c) Science;

(d) Foreign language;

(e) Civics or government;

(f) Economics;

(g) Geography;

(h) History; or

(i) The arts.”.

Amend sec. 53, page 71, by deleting lines 16 through 20.

Amend sec. 54, page 71, line 30, by deleting: “April ~~[15]~~ 1” and inserting:

“~~[April]~~ August 15”.

Amend sec. 55, page 73, by deleting lines 6 and 7 and inserting:

“386.650 1. The Department shall establish and maintain ~~[a statewide]~~ an automated system of accountability information ~~[concerning pupils.]~~ for Nevada. The”.

Amend sec. 55, page 73, line 16, by deleting “(d)” and inserting “(b)”.

Amend sec. 55, page 73, by deleting lines 17 through 19 and inserting:

“(b) Include a system of unique identification for each pupil:

(1) To ensure that individual pupils may be tracked over time throughout this state; and

(2) That, to the extent practicable, may be used for purposes of identifying a pupil for both the public schools and the University and Community College System of Nevada, if that pupil enrolls in the System after graduation from high school;”.

Amend sec. 55, page 73, line 26, by deleting “school; and” and inserting “school;”.

Amend sec. 55, page 73, line 27, after “(e)” by inserting:

“Have the capacity to identify which teachers are assigned to individual pupils and which paraprofessionals, if any, are assigned to provide services to individual pupils;

(f) Have the capacity to provide other information concerning schools and school districts that is not linked to individual pupils, including, without limitation, the designation of schools and school districts pursuant to sections 14 and 32 of this act, respectively, and an identification of which schools, if any, are persistently dangerous;

(g) Have the capacity to access financial accountability information for each public school, including, without limitation, each charter school, for each school district and for this state as a whole; and

(h)”.

Amend sec. 55, page 73, line 36, by deleting “statewide” and inserting “~~[statewide]~~”.

Amend sec. 55, page 74, line 3, by deleting “may” and inserting “must”.

Amend sec. 55, page 74, line 16, after “(f)” by inserting:

“Prescribe standardized codes for all data elements used within the automated system and all exchanges of data within the automated system, including, without limitation, data concerning:

(1) Individual pupils;

(2) Individual teachers and paraprofessionals;

(3) Individual schools and school districts; and

(4) Programs and financial information;

(g)”.

Amend sec. 55, page 74, line 19, by deleting “statewide” and inserting “~~[statewide]~~”.

Amend sec. 55, page 74, line 22, by deleting “(g)” and inserting “(h)”.

Amend sec. 55, page 74, line 23, by deleting “statewide” and inserting “~~[statewide]~~”.

Amend sec. 55, page 74, line 32, by deleting “statewide”.

Amend sec. 55, page 74, line 41, by deleting “statewide”.

Amend the bill as a whole by adding a new section designated sec. 55.5, following sec. 55, to read as follows:

“Sec. 55.5. NRS 386.655 is hereby amended to read as follows:

386.655 1. The Department, the school districts and the public schools, including, without limitation, charter schools, shall, in operating the ~~[statewide]~~ automated system of information established pursuant to NRS 386.650, comply with the provisions of:

(a) For all pupils, the Family Educational Rights and Privacy Act, 20 U.S.C. § 1232g, and any regulations adopted pursuant thereto; and

(b) For pupils with disabilities who are enrolled in programs of special education, the provisions governing access to education records and confidentiality of information prescribed in the Individuals with Disabilities Education Act, 20 U.S.C. § 1417(c), and the regulations adopted pursuant thereto.

2. Except as otherwise provided in 20 U.S.C. § 1232g(b) and any other applicable federal law, a public school, including, without limitation, a charter school, shall not release the education records of a pupil to a person or an agency of a federal, state or local government without the written consent of the parent or legal guardian of the pupil.

3. In addition to the record required pursuant to 20 U.S.C. § 1232g(b)(4)(A), each school district shall maintain within the ~~[statewide]~~ automated system of information an electronic record of all persons and agencies who have requested the education record of a pupil or obtained access to the education record of a pupil, or both, pursuant to 20 U.S.C. § 1232g. The electronic record must be maintained and may only be disclosed in accordance with the provisions of 20 U.S.C. § 1232g. A charter school shall provide to the school district in which the charter school is located such information as is necessary for the school district to carry out the provisions of this subsection, regardless of the sponsor of the charter school.

4. The right accorded to a parent or legal guardian of a pupil pursuant to subsection 2 devolves upon the pupil on the date on which he attains the age of 18 years.

5. As used in this section, unless the context otherwise requires, “education records” has the meaning ascribed to it in 20 U.S.C. § 1232g(a)(4).”.

Amend the bill as whole by deleting sec. 56 and adding:

“Sec. 56. (Deleted by amendment.)”.

Amend the bill as a whole by deleting sec. 61 and adding:

“Sec. 61. (Deleted by amendment.)”.

Amend sec. 63, page 80, line 15, by deleting “may” and inserting “must”.

Amend sec. 63, page 80, line 40, after “trustees” by inserting: “or the governing body, as applicable,”.

Amend sec. 63, page 80, line 42, after “knows.” by inserting: “The board of trustees or the governing body of a charter school, as applicable, may grant exceptions for a particular pupil pursuant to this subparagraph, on a case-by-case basis, for a period not longer than 2 consecutive years.”.

Amend sec. 63, page 81, line 3, after “language skills,” by inserting “comprehension skills,”.

Amend sec. 64, page 81, by deleting lines 33 through 36 and inserting “accommodations.”.

Amend sec. 64, page 81, line 40, by deleting “may” and inserting “must”.

Amend sec. 66, page 82, by deleting lines 39 through 41 and inserting:

“(b) ~~[Writing;~~

~~(c)]~~ Mathematics; and

~~[(d) Science.]~~

(c) Except as otherwise provided in subsection 6, science.”.

Amend sec. 66, page 83, line 19, by deleting: “the Department or” and inserting: “~~[the Department or]~~”.

Amend sec. 66, page 83, line 20, by deleting “If a” and inserting: “~~[If a]~~ The”.

Amend sec. 66, page 83, by deleting line 21 and inserting: “private entity that scores the examinations ~~[, it]~~ shall report the results of ”.

Amend sec. 66, page 83, by deleting lines 26 and 27 and inserting: “scored the examinations , ~~[or the Department completes the scoring of the examinations,]~~ the Superintendent of Public Instruction shall”.

Amend sec. 66, page 84, by deleting lines 39 and 40 and inserting: “that has ~~[been designated as demonstrating need for improvement pursuant to subsection 1 of NRS 385.367,]~~ failed to make adequate yearly progress or in which less than 60 percent of the pupils enrolled in grade 4, 7 or 10 in the school who took the examinations administered pursuant to this section 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,”.

Amend sec. 66, page 85, line 7, after “must” by inserting: “include the subjects of reading and mathematics and, except for the writing portion prescribed pursuant to NRS 389.550, must”.

Amend sec. 67, pages 86 through 88, by deleting lines 2 through 44 on page 86, lines 1 through 45 on page 87 and lines 1 through 38 on page 88, and inserting:

“389.015 1. The board of trustees of each school district shall administer examinations in all public schools of the school district. The governing body of a charter school shall administer the same examinations in the charter school. The examinations administered by the board of trustees and governing body must determine the achievement and proficiency of pupils in:

(a) Reading;

(b) Mathematics; and

2. The examinations required by subsection 1 must be:

(a) Administered before the completion of grades 4, 7, 10 and 11.

(b) Administered in each school district and each charter school at the same time ~~[.]~~ during the spring semester. The time for the administration of the examinations must be prescribed by the State Board.

(c) Administered in each school in accordance with uniform procedures adopted by the State Board. The Department shall monitor the compliance of school districts and individual schools with the uniform procedures.

(d) Administered in each school in accordance with the plan adopted pursuant to NRS 389.616 by the Department and with the plan adopted pursuant to NRS 389.620 by the board of trustees of the school district in which the examinations are administered. The Department shall monitor the compliance of school districts and individual schools with:

(1) The plan adopted by the Department; and

(2) The plan adopted by the board of trustees of the applicable school district, to the extent that the plan adopted by the board of trustees of the school district is consistent with the plan adopted by the Department.

(e) Scored by a single private entity that has contracted with the State Board to score the examinations. The private entity that scores the examinations shall report the results of the examinations in the form and by the date required by the Department.

3. Not more than 14 working days after the results of the examinations are reported to the Department by a private entity that scored the examinations, the Superintendent of Public Instruction shall certify that the results of the examinations have been transmitted to each school district and each charter school. Not more than 10 working days after a school district receives the results of the examinations, the superintendent of schools of each school district shall certify that the results of the examinations have been transmitted to each school within the school district. Except as otherwise provided in this subsection, not more than 15 working days after each school receives the results of the examinations, the principal of each school and the governing body of each charter school shall certify that the results for each pupil have been provided to the parent or legal guardian of the pupil:

(a) During a conference between the teacher of the pupil or administrator of the school and the parent or legal guardian of the pupil; or

(b) By mailing the results of the examinations to the last known address of the parent or legal guardian of the pupil.

If a pupil fails the high school proficiency examination, the school shall notify the pupil and the parents or legal guardian of the pupil as soon as practicable but not later than 15 working days after the school receives the results of the examination.

4. If a pupil fails to demonstrate at least adequate achievement on the examination administered before the completion of grade 4, 7 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 failed to make adequate yearly progress or in which less than 60 percent of the pupils enrolled in grade 4, 7 or 10 in the school who took the examinations administered pursuant to this section 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, the pupil must, in accordance with the requirements set forth in this subsection, complete remedial study that is determined to be appropriate for the pupil.

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.

6. The State Board shall prescribe standard examinations of achievement and proficiency to be administered pursuant to subsection 1. The high school proficiency examination must include the subjects of reading and mathematics and, except for the writing portion prescribed pursuant to NRS 389.550, must be developed, printed and scored by a nationally recognized testing company in accordance with the process established by the testing company. The examinations on reading, mathematics and science prescribed for grades 4, 7 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, 7 and 10 in this state to that of a national reference group of pupils in grades 4, 7 and 10. The questions contained in the examinations and the”.

Amend sec. 68, pages 89 through 91, by deleting lines 16 through 45 on page 89, lines 1 through 45 on page 90 and lines 1 through 42 on page 91, and inserting:

(a) Reading;

(b) Mathematics; and

2. The examinations required by subsection 1 must be:

(a) Administered before the completion of grades 4, 7, 10 and 11.

(b) Administered in each school district and each charter school at the same time during the spring semester. The time for the administration of the examinations must be prescribed by the State Board.

(1) The plan adopted by the Department; and

(a) During a conference between the teacher of the pupil or administrator of the school and the parent or legal guardian of the pupil; or

(b) By mailing the results of the examinations to the last known address of the parent or legal guardian of the pupil.

6. The State Board shall prescribe standard examinations of achievement and proficiency to be administered pursuant to subsection 1. The high school proficiency examination must include the subjects of reading , ~~[and]~~ mathematics and science and, except for the writing portion prescribed pursuant to NRS 389.550, must be developed, printed and scored by a nationally recognized testing company in accordance with the process established by the testing company. The examinations on reading, mathematics and science prescribed for grades 4, 7 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, 7 and 10 in this state to that of a national reference group of pupils in grades 4, 7 and 10. The questions contained in the examinations and the”.

Amend sec. 69, page 93, line 23, by deleting “November 15” and inserting:

“~~[November 15]~~ July 1”.

Amend sec. 69, page 93, line 34, by deleting “December 15” and inserting:

“~~[December 15]~~ September 1”.

Amend the bill as a whole by deleting sections 70 and 71 and adding:

“Secs. 70 and 71. (Deleted by amendment.)”.

Amend the bill as whole by adding new sections designated sections 71.3 and 71.7, following sec. 71, to read as follows:

“Sec. 71.3. NRS 389.550 is hereby amended to read as follows:

389.550 1. The State Board shall, in consultation with the Council, prescribe examinations that comply with 20 U.S.C. § 6311(b)(3) and that measure the achievement and proficiency of pupils ~~[in selected grades]~~ :

(a) For grades 3, 5 and 8 in the standards of content established by the Council [that are in addition to the examinations administered pursuant to NRS 389.015. The State Board shall, based upon the recommendations of the Council, select the grade levels of pupils that are required to take the examinations and the standards that the examinations must measure.] for the subjects of English and mathematics.

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

2. In addition to the examinations prescribed pursuant to subsection 1, the State Board shall, in consultation with the Council, prescribe a writing examination for grades 4 and 8 and for the high school proficiency examination.

3. The board of trustees of each school district and the governing body of each charter school shall administer the examinations prescribed by the State Board. The examinations must be:

(a) Administered to pupils in each school district and each charter school at the same time ~~[,]~~ during the spring semester, as prescribed by the State Board.

(b) Administered in each school in accordance with uniform procedures adopted by the State Board. The Department shall monitor the school districts and individual schools to ensure compliance with the uniform procedures.

(c) Administered in each school in accordance with the plan adopted pursuant to NRS 389.616 by the Department and with the plan adopted pursuant to NRS 389.620 by the board of trustees of the school district in which the examinations are administered. The Department shall monitor the compliance of school districts and individual schools with:

(1) The plan adopted by the Department; and

Sec. 71.7. NRS 389.550 is hereby amended to read as follows:

389.550 1. The State Board shall, in consultation with the Council, prescribe examinations that comply with 20 U.S.C. § 6311(b)(3) and that measure the achievement and proficiency of pupils:

(a) For grades 3, 4, 5 , 6, 7 and 8 in the standards of content established by the Council for the subjects of English and mathematics.

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

The examinations prescribed pursuant to this subsection must be written, developed, printed and scored by a nationally recognized testing company.

3. The board of trustees of each school district and the governing body of each charter school shall administer the examinations prescribed by the State Board. The examinations must be:

(a) Administered to pupils in each school district and each charter school at the same time during the spring semester, as prescribed by the State Board.

(1) The plan adopted by the Department; and

Amend sec. 72, page 96, line 21, by deleting “November 15” and inserting: “~~[November 15]~~ July 1”.

Amend sec. 72, page 96, line 32, by deleting “December 15” and inserting: “~~[December 15]~~ September 1”.

Amend the bill as a whole by deleting sections 73 through 78 and adding:

“Secs. 73-78. (Deleted by amendment.)”.

Amend sec. 79, page 102, line 30, by deleting “~~[8,]~~ 5,” and inserting “8,”.

Amend sec. 79, page 102, line 40, by deleting “~~[5,]~~ 2,” and inserting “5,”.

Amend sec. 79, page 103, line 4, by deleting “~~[6.]~~ 3.” and inserting “6.”.

Amend sec. 79, pages 103 and 104, lines 13 through 43 on page 103 and lines 1 through 38 on page 104, by deleting the brackets and strike-through.

Amend sec. 79, page 105, by deleting line 1 and inserting:

“6. If the Department determines pursuant to subsection 5”.

Amend sec. 79, page 105, line 2, by deleting “2”.

Amend sec. 79, page 105, line 9, by deleting “~~[7.]~~ 4.” and inserting “7.”.

Amend sec. 79, page 105, line 15, by deleting “~~[8.]~~ 5.” and inserting “8.”.

Amend sec. 79, page 105, line 17, by deleting “11” and inserting “12”.

Amend sec. 79, page 105, line 23, by deleting “11” and inserting “12”.

Amend the bill as a whole by deleting sections 80 and 81 and adding:

“Secs. 80 and 81. (Deleted by amendment.)”.

Amend sec. 84, page 106, line 16, after “is” by inserting: “employed by and”.

Amend the bill as a whole by adding a new section designated sec. 84.5, following sec. 84, to read as follows:

“Sec. 84.5. The State Board shall prescribe by regulation at least one examination for those paraprofessionals who desire to satisfy the requirements of 20 U.S.C. § 6319(c) by passing an examination prescribed by this state. The regulations must include the passing score required to demonstrate satisfaction of the requirements of 20 U.S.C. § 6319(c).”.

Amend the bill as a whole by deleting sec. 85 and adding:

“Sec. 85. (Deleted by amendment.)”.

Amend the bill as a whole by deleting sections 88 through 92 and adding:

“Secs. 88-92. (Deleted by amendment.)”.

Amend sec. 97, pages 113 and 114, by deleting lines 20 through 45 on page 113 and lines 1 through 10 on page 114, and inserting: “employees.

2. A person who is initially hired by the board of trustees of a school district on or after January 8, 2002, to teach in a program supported with money from Title I must possess the qualifications required by 20 U.S.C. § 6319(a). For the purposes of this subsection, a person is not “initially hired” if he has been employed as a teacher by another school district or charter school in this state without an interruption in employment before the date of hire by his current employer.

3. A person who is employed as a teacher, regardless of the date of hire, must possess, on or before July 1, 2006, the qualifications required by 20 U.S.C. § 6319(a) if he teaches:

(a) English, reading or language arts;

(b) Mathematics;

(c) Science;

(d) Foreign language;

(e) Civics or government;

(f) Economics;

(g) Geography;

(h) History; or

(i) The arts.

4. The board of trustees of a school district:

(a) May employ teacher aides and other auxiliary, nonprofessional personnel to assist licensed personnel in the instruction or supervision of children, either in the classroom or at any other place in the school or on the grounds thereof . ~~[; and]~~ A person who is initially hired as a paraprofessional by a school district on or after January 8, 2002, to work in a program supported with Title I money must possess the qualifications required by 20 U.S.C. § 6319(c). A person who is employed as a paraprofessional by a school district, regardless of the date of hire, to work in a program supported with Title I money must possess, on or before January 8, 2006, the qualifications required by 20 U.S.C. § 6319(c). For the purposes of this paragraph, a person is not “initially hired” if he has been employed as a paraprofessional by another school district or charter school in this state without an interruption in employment before the date of hire by his current employer.

(b) Shall establish policies governing the duties and performance of teacher aides.

~~[3.]~~ 5. Each applicant for employment pursuant to this section, except a teacher or other person licensed by the Superintendent of Public Instruction, must, as a condition to employment, submit to the”.

Amend sec. 97, page 114, by deleting lines 15 through 21 and inserting: “criminal history of the applicant.

~~[4.]~~ 6. Except as otherwise provided in subsection ~~[5,]~~ 7, the board of”.

Amend sec. 97, page 114, line 38, by deleting “5.” and inserting “~~[5.]~~ 7.”.

Amend sec. 97, page 115, line 3, by deleting “6.” and inserting “~~[6.]~~ 8.”.

Amend sec. 97, page 115, line 12, by deleting: “7 or 8” and inserting: “~~[7 or 8]~~ 9 or 10”.

Amend sec. 97, page 115, line 13, by deleting “7.” and inserting “~~[7.]~~ 9.”.

Amend sec. 97, page 115, line 30, by deleting “8.” and inserting “~~[8.]~~ 10.”.

Amend the bill as a whole by deleting sec. 98 and adding:

“Sec. 98. (Deleted by amendment.)”.

Amend the bill as a whole by deleting sec. 100 and adding:

“Sec. 100. (Deleted by amendment.)”.

Amend the bill as a whole by deleting sec. 107 and adding:

“Sec. 107. (Deleted by amendment.)”.

Amend the bill as a whole by adding a new section designated sec. 109.5, following sec. 109, to read as follows:

“Sec. 109.5. NRS 392.457 is hereby amended to read as follows:

392.457 1. The State Board shall, in consultation with the boards of trustees of school districts, educational personnel, local associations and organizations of parents whose children are enrolled in public schools throughout this state and individual parents and legal guardians whose children are enrolled in public schools throughout this state, adopt a policy to encourage effective involvement by parents and families in support of their children and the education of their children. The policy adopted by the State Board must be considered when the Board:

(a) Consults with the boards of trustees of school districts in the adoption of policies pursuant to subsection 3; and

(b) Interacts with school districts, public schools, educational personnel, parents and legal guardians of pupils, and members of the general public in carrying out its duties pursuant to this title.

2. The policy adopted by the State Board pursuant to subsection 1 must include the following elements and goals:

(a) Promotion of regular, two-way, meaningful communication between home and school.

(b) Promotion and support of responsible parenting.

(d) Promotion of a safe and open atmosphere for parents and families to visit the school that their children attend and active solicitation of parental and familial support and assistance for school programs.

(e) Inclusion of parents as full partners in decisions affecting their children and families.

(f) Availability of community resources to strengthen and promote school programs, family practices and the achievement of pupils.

3. The board of trustees of each school district shall, in consultation with the State Board, educational personnel, local associations and organizations of parents whose children are enrolled in public schools of the school district and individual parents and legal guardians whose children are enrolled in public schools of the school district, adopt policies to encourage effective involvement by parents and families in support of their children and the education of their children. The policies adopted pursuant to this subsection must:

(a) Be consistent, to the extent applicable, with the policy adopted by the State Board pursuant to subsection 1; ~~[and]~~

(b) Include the elements and goals specified in subsection 2 ~~[.]~~ ; and

(c) Comply with the parental involvement policy required by the federal No Child Left Behind Act of 2001, as set forth in 20 U.S.C. § 6318.

4. The State Board and the board of trustees of each school district shall, at least once each year, review and amend their respective policies as necessary.”.

Amend the bill as a whole by deleting sec. 112 and adding:

“Sec. 112. (Deleted by amendment.)”.

Amend the bill as a whole by adding a new section designated sec. 114.5, following sec. 114, to read as follows:

“Sec. 114.5. NRS 286.3005 is hereby amended to read as follows:

286.3005 A state agency may purchase credit for service on behalf of a member only as provided in NRS 286.3007. Except as otherwise required as a result of NRS 286.537 , ~~[or 391.165,]~~ any other public employer may pay any portion of the cost to purchase credit for service under NRS 286.300, but is not required to do so. No credit may be validated unless the cost of purchasing credit has been paid.”.

Amend the bill as a whole by deleting sections 116 through 126 and adding:

“Secs. 116-126. (Deleted by amendment.)”.

Amend the bill as a whole by deleting sec. 129 and adding a new section designated sec. 129, following sec. 128, to read as follows:

“Sec. 129. 1. There is hereby appropriated from the State General Fund to the Interim Finance Committee the following sums for the contractual services of a consultant to provide brochures for the reporting of test scores of pupils and related services:

For the Fiscal Year 2003-2004.............................................................. $1,400,000

For the Fiscal Year 2004-2005.............................................................. $1,400,000

2. The consultant shall provide brochures for the reporting of test scores of pupils and related services on the examinations that are administered in the subject areas of reading and mathematics for the:

(a) Norm-referenced examinations in grades 4 and 7;

(b) Initial administration of the high school proficiency examination to pupils in grades 10 or 11, as applicable; and

3. The sums appropriated by subsection 1 are available for either fiscal year. Any remaining balance of those sums must not be committed for expenditure after June 30, 2005, and reverts to the State General Fund as soon as all payments of money committed have been made.”.

Amend the bill as a whole by deleting sections 130 and 131 and adding:

“Secs. 130 and 131. (Deleted by amendment.)”.

Amend the bill as a whole by deleting sec. 132 and adding a new section designated sec. 132, following sec. 131, to read as follows:

“Sec. 132. 1. The Department of Education shall provide appropriate notice to each teacher employed in this state who will be required to satisfy the requirements of 20 U.S.C. § 6319(a) and who does not currently satisfy those requirements informing the teacher of the additional qualifications the teacher must satisfy on or before July 1, 2006, to meet the requirements of that provision of federal law.

2. The board of trustees of each school district and the governing body of each charter school shall provide such information concerning the teachers employed by the school district or charter school as is necessary for the Department to carry out the requirements of this section.”.

Amend sec. 133, page 155, line 12, by deleting “January” and inserting “July”.

Amend sec. 133, page 155, line 16, by deleting “January 5,” and inserting “July 1,”.

Amend the bill as a whole by deleting sections 135 and 136 and adding new sections designated sections 135, 136 and 136.5, following sec. 134, to read as follows:

“Sec. 135. 1. Notwithstanding the provisions of section 71.7 of this act to the contrary, the State Board of Education may continue to use the examinations for grades 3, 5 and 8 that are used on or before July 1, 2003, but any new items or questions added to those examinations must be written, developed, printed and scored by a nationally recognized testing company.

2. The Department of Education shall conduct, during the 2004-2005 school year, a pilot of the examinations required for grades 4, 6 and 7 pursuant to section 71.7 of this act.

3. The Department of Education shall conduct a field test, during the 2004-2005 school year, of any new items or questions added to the examinations required for grades 3, 5 and 8 pursuant to section 71.7 of this act.

Sec. 136. 1. The board of trustees of each school district and the governing body of each charter school shall develop a plan that sets forth the steps the district or the governing body will take to ensure that pupils enrolled in schools that are designated as demonstrating need for improvement pursuant to section 14 of this act receive instruction by highly qualified instructional staff, including, without limitation, steps to ensure that poor and minority children are not taught at higher rates than other children by inexperienced, unqualified or out-of-field teachers.

2. The board of trustees of each school district and the governing body of each charter school shall, on or before September 1, 2004, submit a copy of the plan to the Legislative Committee on Education.

3. The provisions of this section do not supersede, negate or otherwise limit the effect or application of the provisions of chapters 288 and 391 of NRS or the rights, remedies and procedures afforded to employees of a school district under the terms of collective bargaining agreements, memoranda of understanding or other such agreements between employees and their employers.

Sec. 136.5. 1. The board of trustees of each school district and the governing body of each charter school shall develop a plan that sets forth the manner in which the school district and charter school will provide to parents and guardians of pupils enrolled in the school district or charter school, as applicable, the results of pupils on the examinations administered pursuant to NRS 389.550. The plan must ensure that the parents and guardians of pupils are notified of the results of pupils on the examinations in a timely manner that complies with the requirements of the:

(a) No Child Left Behind Act of 2001, 20 U.S.C. §§ 6301 et seq., including, without limitation, the provisions of that federal law which require public school choice for Title I schools designated as demonstrating need for improvement; and

(b) Provisions of sections 2 to 37, inclusive, of this act.

2. On or before January 1, 2004, the board of trustees of each school district and the governing body of each charter school shall submit the plan developed pursuant to subsection 1 to the Legislative Committee on Education for its review and comment.”.

Amend sec. 137, page 156, line 10, by deleting “2004,” and inserting “2006,”.

Amend sec. 137, page 156, lines 14 and 15, by deleting: “must:

(a) Comply” and inserting “must comply”.

Amend sec. 137, page 156, by deleting lines 17 through 19.

Amend sec. 137, page 156, by deleting lines 36 and 37 and inserting: “will possess the qualifications required by 20 U.S.C. §”.

Amend sec. 138, page 157, line 4, by deleting “2004,” and inserting “2006,”.

Amend the bill as a whole by deleting sec. 140 and adding a new section designated sec. 140, following sec. 139, to read as follows:

“Sec. 140. The Department of Education shall prepare and make available an informational pamphlet for school districts, employees of school districts, parents and legal guardians, and members of the general public that includes information to assist with understanding the provisions of the No Child Left Behind Act of 2001, 20 U.S.C. §§ 6301 et seq., including, without limitation, the text of the pertinent definitions contained in the Act and any explanatory notes that the Department determines may be useful.”.

Amend sec. 141, page 157, by deleting lines 33 and 34 and inserting:

“2. NRS 391.165 and sections 38 and 39 of chapter 13, Statutes of Nevada 2001”.

Amend sec. 142, pages 157 and 158, by deleting lines 36 through 44 on page 157 and lines 1 through 40 on page 158, and inserting:

“Sec. 142. 1. This section and sections 1 to 5, inclusive, 36, 37, 38, 40, 44 to 47, inclusive, 53, 55, 55.5, 57, 62 to 66, inclusive, 69, 71.3, 72, 82 to 84.5, inclusive, 86, 87, 93, 96, 97, 101, 102 to 106, inclusive, 108, 109.5, 110, 111, 113 to 115, inclusive, 127 to 140, inclusive, and subsection 2 of section 141 of this act become effective on July 1, 2003.

2. Section 94 of this act becomes effective on July 1, 2003, and expires by limitation on June 30, 2005.

3. Sections 6 to 35, inclusive, 39, 41, 43, 54, 58, 59, 60, 79, 99, 109 and subsection 1 of section 141 of this act become effective on January 1, 2004.

4. Section 67 of this act becomes effective on July 1, 2004.

5. Sections 71.7 and 95 of this act become effective on July 1, 2005.

6. Section 68 of this act becomes effective on July 1, 2007.”.

Amend the title of the bill, pages 1 and 2, by deleting the eighteenth through twenty-first lines on page 1 and the first through thirteenth lines on page 2, and inserting:

“administered to pupils in public schools; revising provisions governing the qualifications required of certain teachers and paraprofessionals to comply with the federal No Child Left Behind Act of 2001; revising provisions governing the regional training programs for the professional development of teachers and administrators and the Statewide Council for the Coordination of the Regional Training Programs; making appropriations; revising various other provisions governing education to comply with the federal No Child Left Behind Act of 2001; repealing certain provisions related to the current system of accountability and the requirement that school districts purchase retirement credit for certain teachers; and providing other matters”.

Amend the leadlines of repealed sections by deleting the leadlines of NRS 389.550, 389.560 and 389.570 and adding the leadline of NRS 391.165.

Senator Raggio moved the adoption of the amendment.

Remarks by Senators Raggio and O'Connell.

Senator Raggio requested that the following remarks be entered in the Journal.

Senator Raggio:

Thank you, Mr. President pro Tempore. This amendment makes the following changes to Senate Bill No. 191. The purpose of the bill is to facilitate the implementation of the No Child Left Behind Act.

In this amendment, some dates were changed to accommodate the area of testing. The testing will be given in the spring instead of the fall. There was considerable discussion by the districts and others interested in this measure. The recommendation of the Legislative Committee On Education is to administer the test in the spring. In doing this, we received assurances from the districts, the Department of Education and the teachers’ representatives that they will be able to do this, and they will meet the requirements of the No Child Left Behind Act by the later administration of tests.

The norm–referenced test (NRT) will not be a part of the designation of schools when we determine whether schools are in need of improvement, and those tests will be administered in the spring.

The science portion of the State Criterion-Referenced Tests (CRTs) and the remaining CRT exams in grades 4, 6 and 7 are added incrementally. The CRTs are to be written, scored and reported by a national vendor. The school improvement and school planning provisions for accountability are simplified and clarified through a simple checklist form. The amendment specifies that schools and school districts must be designated as in need of improvement on the basis, collecting data for two years. Only data for pupils who have attended the school or the district for a full academic year may be included in the computations. The amendment also specifies that charter school data will not be used in determining district Adequate Yearly Progress (AYP) status. The federal law requires that in funding Title 1 schools.

District level technical assistance partnerships provide technical assistance for schools in need of improvement in the first or second year, replacing the support teams for those two years. The Nevada Department of Education must form state-level support teams for the third and subsequent years of schools needing improvement. The amendment also deletes the option of converting public schools to charter schools as an alternative when restructuring is required. There was considerable concern over that.

The requirement for statewide certification of paraprofessionals is deleted; although, the State Board of Education is required to approve a single statewide test and to set the passing score. In compliance with No Child Left Behind, the school districts are responsible for ensuring that paraprofessionals in the Title 1 schools are qualified. That is the language of that federal law.

The amendment specifies that all accountability reports at school, district and State levels must list the percentage of paraprofessionals, counselors and others not qualified as defined within federal law. The provision that sets a ratio of experienced to inexperienced teachers in low-performing schools is deleted and replaced by a requirement that each district develop a plan to ensure students in those schools are being taught by experienced teachers.

Middle school licensing and implementation of “highly-qualified” requirements will become effective according to deadlines set within the federal law. In addition, the amendment contains a statement that no provisions will supersede, negate or limit collective bargaining agreements. The teachers’ union was concerned about that issue. The existing retirement incentive is repealed.

This amendment deletes a $50,000 appropriation for an evaluation of educational technology. There is an appropriation in the original bill of $10 million to continue the technology appropriation for schools originally deleted because of budget constraints in the last biennium, but $50,000 of that is for an evaluation. We also deleted an appropriation for $287,427 to continue contractual services for the State’s Fiscal Analysis Accountability Program. Those are going to be considered in the Legislative Council Bureau budget. A $15 million appropriation for stipends for staff in at-risk schools was deleted. These amounts are also being considered in the budget process.

Finally, the amendment adds a State General Fund appropriation for $1.4 million in each fiscal year of the biennium to the Interim Finance Committee to obtain contractual services of a consultant to provide means of reporting pupil test scores for statewide accountability tests and for related services. There are a number of these in existence. The Legislative Committee on Education as well as the committees saw an impressive presentation by Grow Network. That would give the Interim Finance Committee the funding to make an appropriation if it meets approval.

Senator O'Connell:

Thank you, Mr. President pro Tempore. Could you give us an update on the federal funding for No Child Left Behind?

Senator Raggio:

Though I do not have that information with me today, I will get that information before we act on the bill. The federal funding was adequate for the purposes of testing. We have a breakdown on it, but it is complex, and I will see that you have it before we vote on the final bill.

Amendment adopted.

Bill ordered reprinted, engrossed and to third reading.

Senate Bill No. 263.

Bill read second time.

The following amendment was proposed by the Committee on Finance:

Amendment No. 727.

Amend section 1, page 1, line 2, by deleting “$53,309” and inserting “$41,308”.

Senator Raggio moved the adoption of the amendment.

Remarks by Senator Raggio.

Amendment adopted.

Bill ordered reprinted, engrossed and to third reading.

Senate Bill No. 324.

Bill read second time.

The following amendment was proposed by the Committee on Finance:

Amendment No. 634.

Amend sec. 2, pages 2 and 3, by deleting lines 42 through 45 on page 2 and line 1 on page 3, and inserting: “to the Gift Account for Veterans’ Homes. The interest and income earned on the money in the Gift”.

Amend the bill as a whole by deleting sec. 3 and adding a new section designated sec. 3, following sec. 2, to read as follows:

“Sec. 3. Sections 2 and 9 of Assembly Bill No. 192 of this session are hereby repealed.”.

Amend sec. 4, page 3, by deleting line 23 and inserting:

“Sec. 4. 1. This section and section 3 of this act become effective upon passage and approval.

2. Sections 1 and 2 of this act become effective on July 1, 2003.”.

Amend the bill as a whole by adding the text of repealed sections, following sec. 4, to read as follows:

“

TEXT OF REPEALED SECTION

Section 2 of Assembly Bill No. 192 of this session:

Sec. 2. NRS 482.3764 is hereby amended to read as follows:

482.3764 1. Before the Department issues to any person, pursuant to NRS 482.3763:

(a) An initial set of special license plates, it shall:

(1) Collect a special fee for a veterans’ home in the amount of $25; and

(2) Affix a decal to each plate if requested by an applicant who meets the requirements set forth in NRS 482.37635.

(b) An annual renewal sticker, it shall:

(1) Collect a special fee for a veterans’ home in the amount of $20; and

(2) Affix a decal to each plate if requested by an applicant who meets the requirements set forth in NRS 482.37635.

2. The Department shall deposit any money collected pursuant to this section with the State Treasurer for credit to the ~~[Veterans’ Home Account.]~~ Gift Account for Veterans’ Homes, established by subsection 7 of NRS 417.145.

Section 9 of Assembly Bill No. 192 of this session:

Sec. 9. NRS 417.145 is hereby amended to read as follows:

417.145 1. The Veterans’ Home Account is hereby established in the State General Fund.

2. Money received by the Executive Director or the Deputy Executive Director from:

(a) Payments by the Department of Veterans Affairs for veterans who receive care in a veterans’ home;

(b) Other payments for medical care and services;

(d) Except as otherwise provided in subsection 7, gifts of money and proceeds derived from the sale of gifts of personal property he is authorized to accept for the use of veterans’ homes, if the use of such gifts has not been restricted by the donor,

must be deposited with the State Treasurer for credit to the Veterans’ Home Account.

3. Interest and income must not be computed on the money in the Veterans’ Home Account.

4. The Veterans’ Home Account must be administered by the Executive Director, with the advice of the Deputy Executive Director and the Nevada Veterans’ Services Commission, and the money deposited in the Veterans’ Home Account may only be expended for:

(a) The operation of veterans’ homes;

(b) A program or service related to a veterans’ home;

(d) The purpose of informing the public about issues concerning the establishment and uses of a veterans’ home.

5. Except as otherwise provided in subsection 7, gifts of personal property which the Executive Director or the Deputy Executive Director is authorized to receive for the use of veterans’ homes:

(a) May be sold or exchanged if the sale or exchange is approved by the State Board of Examiners; or

(b) May be used in kind if the gifts are not appropriate for conversion to money.

6. All money in the Veterans’ Home Account must be paid out on claims approved by the Executive Director as other claims against the State are paid.

7. The Gift Account for Veterans’ Homes is hereby established in the State General Fund. The Executive Director or the Deputy Executive Director shall use gifts of money or personal property that he is authorized to accept and which the donor has restricted to one or more uses at a veterans’ home, only in the manner designated by the donor. Gifts of money that the Executive Director or Deputy Executive Director is authorized to accept and which the donor has restricted to one or more uses at a veterans’ home must be deposited with the State Treasurer for credit to the Gift Account for Veterans’ Homes. In addition to any gifts of money or personal property described in this subsection, any money collected pursuant to NRS 482.3764 must be deposited with the State Treasurer for credit to the Gift Account for Veterans’ Homes. Money collected pursuant to NRS 482.3764 that is deposited with the State Treasurer for credit to the Gift Account for Veterans’ Homes may only be expended:

(a) For a program or service related to a veterans’ home;

(b) To solicit other sources of money to fund a veterans’ home; and

(c) To inform the public about issues concerning the establishment and uses of a veterans’ home.

The interest and income earned on the money in the Gift Account for Veterans’ Homes, after deducting any applicable charges, must be credited to the Gift Account for Veterans’ Homes. Any money remaining in the Gift Account for Veterans’ Homes at the end of each fiscal year does not ~~[lapse]~~ revert to the State General Fund, but must be carried forward into the next fiscal year.”.

Senator Raggio moved the adoption of the amendment.

Remarks by Senator Raggio.

Amendment adopted.

Bill ordered reprinted, engrossed and to third reading.

Assembly Bill No. 114.

Bill read second time.

The following amendment was proposed by the Committee on Government Affairs:

Amendment No. 678.

Amend section 1, page 1, line 5, after “elected;” by inserting “and”.

Amend section 1, page 1, line 6, by deleting “elector; and” and inserting “elector.”.

Amend section 1, page 1, by deleting lines 7 through 10.

Senator Hardy moved the adoption of the amendment.

Remarks by Senator Hardy.

Amendment adopted.

Bill ordered reprinted, re-engrossed and to third reading.

Assembly Bill No. 125.

Bill read second time.

The following amendment was proposed by the Committee on Government Affairs:

Amendment No. 679.

Amend sec. 2, page 3, by deleting line 28 and inserting: “NRS 293.1715. The list ~~[must not]~~ may be amended ~~[after it is filed.]~~ not later than 5 p.m. on the second Friday after the first Monday in May.”.

Senator O'Connell moved the adoption of the amendment.

Remarks by Senator O'Connell.

Amendment adopted.

Bill ordered reprinted, re-engrossed and to third reading.

Assembly Bill No. 153.

Bill read second time and ordered to third reading.

Assembly Bill No. 205.

Bill read second time.

The following amendment was proposed by the Committee on Taxation:

Amendment No. 579.

Amend section 1, page 1, line 15, by deleting: “6.7 and 6.9,” and inserting: “6.6 to 6.9, inclusive,”.

Amend section 1, page 1, line 17, by deleting “6.7.” and inserting “6.6.”.

Amend section 1, page 2, line 15, after “3.” by inserting: “All decisions, and any deliberations leading to those decisions, that are made by any body, including, without limitation, the Reno/Sparks Convention and Visitors Authority, the City Council of the City of Sparks and the Sparks Tourism Facility and Revitalization Steering Committee, concerning the expenditure, commitment or other use of money derived from the proceeds of the tax imposed pursuant to this section must be made at a public meeting that complies with the provisions of chapter 241 of NRS, whether or not the body is determined to be a public body to which that chapter is applicable.

4. The tax imposed pursuant to this section expires by limitation on the date on which the principal of, and the interest on, any general or special obligations described in paragraph (e) of subsection 1 of section 6.7 of this act are fully paid. The proceeds from the tax must not be committed for expenditure after that date. The City Council of the City of Sparks shall, at least 30 days before such obligations are fully paid, adopt an ordinance that sets forth the date on which such obligations will be fully paid. Upon the adoption of such an ordinance, the Reno/Sparks Convention and Visitors Authority shall give written notice of the date on which the tax will expire to each person providing transient lodging who is liable for the payment of the tax.

5.”.

Amend section 1, page 2, line 19, by deleting “6.9.” and inserting “6.7.”.

Amend section 1, page 2, line 21, by deleting “6.7” and inserting “6.6”.

Amend section 1, page 2, line 35, by deleting “Sparks.” and inserting:

“Sparks after obtaining the advice and recommendations of the Committee.”.

Amend section 1, page 3, by deleting lines 22 through 24 and inserting: “obtain the advice and recommendations of the Committee concerning the expenditure of those”.

Amend section 1, page 3, by deleting line 30 and inserting: “purposes, as determined by the City Council of the City of Sparks after obtaining the advice and recommendations of the Committee.”.

Amend section 1, page 4, line 9, after “(b)” by inserting: “ “Committee” means the Sparks Tourism Facility and Revitalization Steering Committee created pursuant to section 6.8 of this act.

(c)”.

Amend section 1, page 4, between lines 13 and 14 by inserting:

“Sec. 6.8. 1. The Sparks Tourism Facility and Revitalization Steering Committee, consisting of five members, is hereby created. The membership of the Committee consists of:

(a) Two persons appointed by the Board of Directors of the Reno/Sparks Convention and Visitors Authority, one of whom must be a member of the Nevada Resort Association who represents properties outside the City of Sparks, and one of whom must represent the interests of Reno, Sparks, Washoe County, the motel industry or general business.

(b) Two members of the City Council of the City of Sparks, including the Mayor of the City of Sparks, appointed by that City Council.

(c) One person appointed by the Nevada Resort Association who is a member of the Association and who represents properties inside the City of Sparks.

2. The Committee shall elect a Chairman from among its members.

3. A vacancy on the Committee must be filled in the same manner as the original appointment.

4. The Committee shall meet at least quarterly or by a call of the Chairman or majority of the members of the Committee.

5. Members of the Committee serve without compensation.

Sec. 6.9. 1. The Sparks Tourism Facility and Revitalization Steering Committee shall develop a master plan that identifies:

(a) Proposed projects or capital improvements that the Committee determines to be advisable to promote tourism in Washoe County; and

(b) The method or methods pursuant to which the proposed projects and capital improvements identified in paragraph (a) will be financed.

2. Projects and capital improvements identified pursuant to this section must be:

(a) Approved by a two-thirds vote of the members of the Committee; and

(b) Located in that portion of the Sparks Town Center Project which is identified as Victorian Square or any other portion of the Sparks Town Center Project if the project or capital improvement provides a direct benefit to a project or capital improvement located within Victorian Square, as determined by the Committee.

3. As used in this section:

(a) “Capital improvement” has the meaning ascribed to it in paragraph (a) of subsection 4 of section 6.7 of this act.

(b) “Sparks Town Center Project” has the meaning ascribed to it in paragraph (c) of subsection 4 of section 6.7 of this act.”.

Amend the bill as a whole by renumbering sec. 2 as sec. 3 and adding a new section designated sec. 2, following section 1, to read as follows:

“Sec. 2. Section 2 of chapter 432, Statutes of Nevada 1999, as amended by chapter 334, Statutes of Nevada 2001, at page 1575, is hereby amended to read as follows:

Sec. 2. The proceeds of the taxes imposed pursuant to section 1 of this act and any applicable penalty or interest must be distributed as follows:

1. An amount equal to:

(a) Two-thirds of the proceeds of the tax imposed pursuant to paragraph (a) of subsection 1 of section 1 of this act collected in:

(1) The unincorporated area of Washoe County; and

(2) Each incorporated city in Washoe County, except in a district described in NRS 268.780 to 268.785, inclusive, in which a 1 percent tax is imposed on the gross receipts from the rental of transient lodging for railroad grade separation projects; and

(b) All of the proceeds of the tax imposed pursuant to paragraph (b) of subsection 1 of section 1 of this act collected in a district described in NRS 268.780 to 268.785, inclusive, in which a 1 percent tax is imposed on the gross receipts from the rental of transient lodging for railroad grade separation projects,

must be used by the Reno/Sparks Convention and Visitors Authority to reconstruct, expand, improve, equip, operate and maintain the Reno/Sparks Convention Center, including, but not limited to, parking and facilities ancillary to the Reno/Sparks Convention Center and the acquisition of real property and other appurtenances therefor. The Reno/Sparks Convention and Visitors Authority may irrevocably pledge and use any money received from the proceeds of the taxes pursuant to this subsection, together with the proceeds of other tax revenues and facilities revenues received by the Reno/Sparks Convention and Visitors Authority legally available therefor, for the payment of general and special obligations issued for the purpose of reconstructing, expanding, improving and equipping the Reno/Sparks Convention Center, including, but not limited to, parking and facilities ancillary to the Reno/Sparks Convention Center and the acquisition of real property and other appurtenances therefor.

2. From the remaining one-third of the proceeds of the tax imposed pursuant to paragraph (a) of subsection 1 of section 1 of this act collected in the area described in subparagraphs (1) and (2) of paragraph (a) of subsection 1, the sum of $1,500,000 and, beginning June 1, 2000, and each year thereafter, an additional amount equal to $1,500,000 multiplied by the percentage by which the proceeds of the taxes imposed pursuant to paragraphs (a) and (b) of subsection 1 of section 1 of this act increased during the immediately preceding 12-month period, if any, must be used as follows:

(a) Two-thirds for the marketing and promotion of tourism as approved by the Reno/Sparks Convention and Visitors Authority; and

(b) One-third for the support of the National Bowling Stadium,

until such time as the Truckee Meadows Tourism Facility and Revitalization Steering Committee identifies particular capital improvement projects pursuant to section 6 of this act. After the Truckee Meadows Tourism Facility and Revitalization Steering Committee identifies particular capital improvement projects pursuant to section 6 of this act, the money described in this subsection and all of the proceeds of the tax imposed pursuant to paragraph (c) of subsection 1 of section 1 of this act must, notwithstanding the provisions of NRS 279.619, be used to acquire, establish, construct, expand, equip, improve, operate and maintain such projects, and to pay the principal and interest on notes, bonds or other obligations issued by the Reno Redevelopment Agency to fund the acquisition, establishment, construction or expansion of the projects so identified.

3. From the remaining one-third of the proceeds of the tax imposed pursuant to paragraph (a) of subsection 1 of section 1 of this act collected in the area described in subparagraphs (1) and (2) of paragraph (a) of subsection 1, if any, after the amount described in subsection 2 is set aside for use pursuant to that subsection, the amounts set forth in this subsection must be paid to the City Council of the City of Sparks on the dates set forth in this subsection to be used by the City Council and the Sparks Tourism and Marketing Committee for the marketing and promotion of tourism in the City of Sparks and for the operation and maintenance of capital improvements within redevelopment areas in the City of Sparks:

(a) On July 1, 2000, an amount not to exceed $100,000.

(b) On July 1, 2001, an amount not to exceed $100,000.

~~[(d) On July 1, 2003, an amount not to exceed $200,000.~~

~~(e) On July 1, 2004, an amount not to exceed $250,000.~~

~~(f) On July 1, 2005, an amount not to exceed $250,000.~~

~~(g) On July 1, 2006, an amount not to exceed $350,000.~~

(h) On July 1, 2007, and each year thereafter, an amount equal to the sum of $350,000 plus an additional amount equal to $350,000 multiplied by the percentage by which the proceeds of the taxes imposed pursuant to paragraphs (a) and (b) of subsection 1 of section 1 of this act increased during the immediately preceding 12-month period, if any.]

4. The remainder of the one-third of the proceeds of the tax imposed pursuant to paragraph (a) of subsection 1 of section 1 of this act collected in the area described in subparagraphs (1) and (2) of paragraph (a) of subsection 1, if any, after the amounts described in subsections 2 and 3 are set aside for use pursuant to those subsections, must be distributed in the following manner:

(a) Two‑thirds to the Reno/Sparks Convention and Visitors Authority to reconstruct, expand, improve, equip, operate and maintain the Reno/Sparks Convention Center, including, but not limited to, parking and facilities ancillary to the Reno/Sparks Convention Center and the acquisition of real property and other appurtenances therefore and the payment of general and special obligations issued for those purposes.

(b) One‑third to be used as set forth in subsection 2.”.

Amend the title of the bill, fourth line, after “tourism;” by inserting: “revising the distribution of the tax on the rental of transient lodging in certain areas of Washoe County that was imposed to pay for certain projects;”.

Senator O'Connell moved the adoption of the amendment.

Remarks by Senator McGinness.

Amendment adopted.

Bill ordered reprinted, engrossed and to third reading.

Assembly Bill No. 217.

Bill read second time.

The following amendment was proposed by the Committee on Government Affairs:

Amendment No. 582.

Amend the bill as a whole by renumbering sections 2 through 41 as sections 3 through 42 and adding a new section designated sec. 2, following section 1, to read as follows:

“Sec. 2. NRS 284.015 is hereby amended to read as follows:

284.015 As used in this chapter ~~[:]~~ , unless the context otherwise requires:

1. “Commission” means the Personnel Commission.

2. “Department” means the Department of Personnel.

3. “Director” means the Director of the Department.

4. “Disability,” includes, but is not limited to, physical disability, mental retardation and mental or emotional disorder.

5. “Essential functions” has the meaning ascribed to it in 29 C.F.R § 1630.2.

6. “Public service” means positions providing service for any office, department, board, commission, bureau, agency or institution in the Executive Department of the State Government operating by authority of the constitution or law, and supported in whole or in part by any public money, whether the money is received from the Government of the United States or any branch or agency thereof, or from private or any other sources.”.

Senator Townsend moved the adoption of the amendment.

Remarks by Senator Townsend.

Amendment adopted.

Bill ordered reprinted, re-engrossed and to third reading.

Assembly Bill No. 218.

Bill read second time.

The following amendment was proposed by the Committee on Human Resources and Facilities:

Amendment No. 722.

Amend section 1, pages 1 and 2, by deleting lines 3 through 9 on page 1 and lines 1 through 6 on page 2, and inserting:

“392.4644 1. The principal of each public school shall establish a plan to”.

Amend section 1, page 2, by deleting lines 10 and 11 and inserting: “teachers and parents of pupils who are enrolled in the”.

Amend section 1, pages 2 and 3, by deleting lines 19 through 45 on page 2 and lines 1 through 10 on page 3, and inserting:

“2. On or before October 1 of each year, the principal of each public school shall submit a copy of the plan established pursuant to subsection 1 or a revised plan, if applicable, to the superintendent of schools of the school district. On or before November 1 of each year, the superintendent”.

Amend section 1, page 3, line 14, by deleting “section” and inserting “subsection”.

Amend section 1, page 3, line 16, by deleting “reporting”.

Amend section 1, page 3, line 17, by deleting “8.” and inserting “3.”.

Amend section 1, page 3, line 20, by deleting “7” and inserting “2”.

Amend section 1, page 3, line 23, by deleting “9.” and inserting “4.”.

Amend the bill as a whole by deleting sections 2 through 4 and renumbering sec. 5 as sec. 2.

Amend the title of the bill to read as follows:

“AN ACT relating to education; requiring the principal of each public school to submit to the superintendent of schools of the school district the plan established for the progressive discipline of pupils and on-site review of disciplinary decisions; requiring each school district and the Superintendent of Public Instruction to prepare certain compilations and reports concerning the plans submitted by each public school; and providing other matters properly relating thereto.”.

Senator Rawson moved the adoption of the amendment.

Remarks by Senator Rawson.

Amendment adopted.

Bill ordered reprinted, re-engrossed and to third reading.

Assembly Bill No. 288.

Bill read second time.

The following amendment was proposed by the Committee on Judiciary:

Amendment No. 707.

Amend section 1, page 1, line 1, by deleting “129” and inserting “609”.

Amend the bill as a whole by deleting sec. 15 and adding:

“Sec. 15. (Deleted by amendment.)”.

Amend sec. 16, page 7, lines 19 and 20, by deleting: “Unless the granting of a petition has been revoked pursuant to section 15 of this act, if” and inserting “If”.

Amend sec. 17, page 7, by deleting lines 33 through 35 and inserting: “petition or to grant or deny a motion to modify the amount or percentage of the net earnings of a minor to be set aside is a matter”.

Amend the bill as a whole by deleting sec. 19 and adding:

“Sec. 19. (Deleted by amendment.)”.

Senator Care moved the adoption of the amendment.

Remarks by Senator Care.

Amendment adopted.

Bill ordered reprinted, re-engrossed and to third reading.

Assembly Bill No. 358.

Bill read second time.

The following amendment was proposed by the Committee on Transportation:

Amendment No. 621.

Amend sec. 2, page 2, line 6, by deleting “250” and inserting “1,000”.

Amend sec. 2, page 2, by deleting line 14 and inserting:

“3. The”.

Amend sec. 2, page 2, by deleting lines 22 through 27.

Amend sec. 2, page 2, by deleting line 36 and inserting: “for any passenger car or light commercial vehicle”.

Amend sec. 5, page 4, by deleting lines 40 through 42 and inserting: “482.3747, 482.37903, 482.37905, 482.37917, 482.379175, 482.37918, 482.37919, 482.3792, 482.3793, 482.37933, 482.37934, 482.37935, 482.37937, 482.37938 or 482.37945 or section 1 of Assembly Bill No. 19 of this session.”.

Amend sec. 5, page 5, by deleting lines 18 through 20 and inserting: “by the Department pursuant to section 2 of this act, less than 1,000; or”.

Amend sec. 5, page 5, by deleting line 36 and inserting:

“6. If, on December 31 of the same”.

Amend sec. 5, page 5, by deleting lines 41 through 43 and inserting: “by the Department pursuant to section 2 of this act, less than 1,000; or”.

Senator Hardy moved the adoption of the amendment.

Remarks by Senator Hardy.

Amendment adopted.

Bill ordered reprinted, re-engrossed and to third reading.

Assembly Bill No. 361.

Bill read second time and ordered to third reading.

Assembly Bill No. 365.

Bill read second time.

The following amendment was proposed by the Committee on Judiciary:

Amendment No. 671.

Amend sec. 62, page 25, line 14, by deleting: “of a proceeding for guardianship” and inserting: “~~[of a proceeding for]~~ in a guardianship proceeding”.

Amend sec. 62, page 25, line 23, by deleting “The attorney” and inserting: “Subject to the discretion and approval of the court, the attorney”.

Amend sec. 62, page 25, by deleting lines 25 and 26 and inserting: “estate of the adult ward or proposed adult ward. If the court finds that a person has”.

Amend sec. 72, page 35, line 17, by deleting “shall” and inserting “may”.

Amend sec. 72, page 35, by deleting lines 26 through 32 and inserting: “who is a resident of this state, if the court finds that the interests of the ward will be served appropriately by the appointment of a private fiduciary.”.

Amend sec. 107, page 53, by deleting line 4 and inserting:

“159.183 ~~[A guardian shall]~~

1. Subject to the discretion and approval of the court, a guardian must be allowed ~~[reasonable]~~ :”.

Amend sec. 107, page 53, by deleting lines 12 through 15 and inserting:

“2. Reasonable compensation and services ~~[will]~~ must be based upon similar services performed for persons who are not under a legal disability. In determining whether compensation is reasonable, the court may consider:

(a) The nature of the guardianship;

(b) The type, duration and complexity of the services required; and

(c) Any other relevant factors.

3. In the absence of an order of the court pursuant to this chapter shifting the responsibility of the payment of compensation and expenses, the payment of compensation and expenses must be paid from the estate of the ward. In evaluating the ability of a ward to pay such compensation and expenses, the court may consider:

(a) The nature, extent and liquidity of the ward’s assets;

(b) The disposable net income of the ward;

(c) Any foreseeable expenses; and

(d) Any other factors that are relevant to the duties of the guardian pursuant to NRS 159.079 or 159.083.”.

Senator Care moved the adoption of the amendment.

Remarks by Senator Care.

Amendment adopted.

Bill ordered reprinted, re-engrossed and to third reading.

Assembly Bill No. 384.

Bill read second time.

The following amendment was proposed by the Committee on Human Resources and Facilities:

Amendment No. 718.

Amend section 1, page 1, by deleting lines 1 through 3 and inserting: “Section 1. Chapter 422 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 12, inclusive, of this act.”.

Amend sec. 2, page 1, line 4, by deleting “this chapter,” and inserting: “sections 2 to 12, inclusive, of this act,”.

Amend the bill as a whole by deleting sec. 3 and renumbering sec. 4 as sec. 3.

Amend sec. 4, page 1, line 10, by deleting “6” and inserting “7”.

Amend the bill as a whole by deleting sections 5 and 6, renumbering sections 7 and 8 as sections 8 and 9, and adding new sections designated sections 4 through 7, following sec. 4, to read as follows:

“Sec. 4. “Drug Use Review Board” means the Board established pursuant to 42 U.S.C. § 1396r-8(g)(3).

Sec. 5. 1. The Department shall, by regulation, develop a list of preferred prescription drugs to be used for the Medicaid program.

2. The Department shall, by regulation, establish a list of prescription drugs which must be excluded from any restrictions that are imposed on drugs that are on the list of preferred prescription drugs established pursuant to subsection 1. The list established pursuant to this subsection must include, without limitation:

(a) Atypical and typical antipsychotic medications that are prescribed for the treatment of a mental illness of a patient who is receiving services pursuant to Medicaid;

(b) Prescription drugs that are prescribed for the treatment of the human immunodeficiency virus or acquired immunodeficiency syndrome, including, without limitation, protease inhibitors and antiretroviral medications;

(c) Anticonvulsant medications;

(d) Antirejection medications for organ transplants;

(e) Antidiabetic medications;

(f) Antihemophilic medications; and

(g) Any prescription drug which the Committee identifies as appropriate for exclusion from any restrictions that are imposed on drugs that are on the list of preferred prescription drugs.

3. The regulations must provide that the Committee makes the final determination of:

(a) Whether a class of therapeutic prescription drugs is included on the list of preferred prescription drugs and is excluded from any restrictions that are imposed on drugs that are on the list of preferred prescription drugs;

(b) Which therapeutically equivalent prescription drugs will be reviewed for inclusion on the list of preferred prescription drugs and for exclusion from any restrictions that are imposed on drugs that are on the list of preferred prescription drugs; and

(c) Which prescription drugs should be excluded from any restrictions that are imposed on drugs that are on the list of preferred prescription drugs based on continuity of care concerning a specific diagnosis, condition, class of therapeutic prescription drugs or medical specialty.

4. The regulations must provide that each new pharmaceutical product and each existing pharmaceutical product for which there is new clinical evidence supporting its inclusion on the list of preferred prescription drugs must be made available pursuant to the Medicaid program with prior authorization until the Committee reviews the product or the evidence.

Sec. 6. 1. The Department shall, by regulation, establish and manage the use by the Medicaid program of step therapy and prior authorization for prescription drugs.

2. The Drug Use Review Board shall:

(a) Advise the Department concerning the use by the Medicaid program of step therapy and prior authorization for prescription drugs;

(b) Develop step therapy protocols and prior authorization policies and procedures for use by the Medicaid program for prescription drugs; and

(c) Review and approve, based on clinical evidence and best clinical practice guidelines and without consideration of the cost of the prescription drugs being considered, step therapy protocols used by the Medicaid program for prescription drugs.

3. The Department shall not require the Drug Use Review Board to develop, review or approve prior authorization policies or procedures necessary for the operation of the list of preferred prescription drugs developed for the Medicaid program pursuant to section 5 of this act.

4. The Department shall accept recommendations from the Drug Use Review Board as the basis for developing or revising step therapy protocols and prior authorization policies and procedures used by the Medicaid program for prescription drugs.

Sec. 7. 1. The Director shall create a Pharmacy and Therapeutics Committee within the Department. The Committee must consist of at least 9 members and not more than 11 members appointed by the Governor based on recommendations from the Director.

2. The Governor shall appoint to the Committee health care professionals who have knowledge and expertise in one or more of the following:

(a) The clinically appropriate prescribing of outpatient prescription drugs that are covered by Medicaid;

(b) The clinically appropriate dispensing and monitoring of outpatient prescription drugs that are covered by Medicaid;

(c) The review of, evaluation of and intervention in the use of prescription drugs; and

(d) Medical quality assurance.

3. At least one-third of the members of the Committee and not more than 51 percent of the members of the Committee must be active physicians licensed to practice medicine in this state, at least one of whom must be an active psychiatrist licensed to practice medicine in this state. At least one‑third of the members of the Committee and not more than 51 percent of the members of the Committee must be either active pharmacists registered in this state or persons in this state with doctoral degrees in pharmacy.

4. A person must not be appointed to the Committee if he is employed by, compensated by in any manner, has a financial interest in, or is otherwise affiliated with a business or corporation that manufactures prescription drugs.”.

Amend the bill as a whole by deleting sections 9 and 10 and adding a new section designated sec. 10, following sec. 8, to read as follows:

“Sec. 10. 1. The Department shall, by regulation, set forth the duties of the Committee which must include, without limitation:

(a) Identifying the prescription drugs which should be included on the list of preferred prescription drugs developed by the Department for the Medicaid program pursuant to section 5 of this act and the prescription drugs which should be excluded from any restrictions that are imposed on drugs that are on the list of preferred prescription drugs;

(b) Identifying classes of therapeutic prescription drugs for its review and performing a clinical analysis of each drug included in each class that is identified for review; and

(c) Reviewing at least annually all classes of therapeutic prescription drugs on the list of preferred prescription drugs developed by the Department for the Medicaid program pursuant to section 5 of this act.

2. The Department shall, by regulation, require the Committee to:

(a) Base its decisions on evidence of clinical efficacy and safety without consideration of the cost of the prescription drugs being considered by the Committee;

(b) Review new pharmaceutical products in as expeditious a manner as possible; and

(c) Consider new clinical evidence supporting the inclusion of an existing pharmaceutical product on the list of preferred prescription drugs developed by the Department for the Medicaid program and new clinical evidence supporting the exclusion of an existing pharmaceutical product from any restrictions that are imposed on drugs that are on the list of preferred prescription drugs in as expeditious a manner as possible.

3. The Department shall, by regulation, authorize the Committee to:

(a) In carrying out its duties, exercise clinical judgment and analyze peer review articles, published studies, and other medical and scientific information; and

(b) Establish subcommittees to analyze specific issues that arise as the Committee carries out its duties.”.

Amend sec. 11, page 4, lines 21 and 22, after “Committee” by inserting: “and the Drug Use Review Board”.

Amend the bill as a whole by deleting sections 12 through 14 and renumbering sections 15 through 19 as sections 12 through 16.

Amend sec. 15, page 6, by deleting lines 7 through 10 and inserting:

“Sec. 12. 1. The Department may, to carry out its duties set forth in sections 2 to 12, inclusive, of this act and to administer the provisions of sections 2 to 12, inclusive, of this act:

(a) Adopt regulations; and

(b) Enter into contracts for any services.

2. Any regulations adopted by the Department pursuant to sections 2 to 12, inclusive, of this act must be adopted in accordance with the provisions of chapter 241 of NRS.”.

Amend sec. 16, page 6, by deleting line 27 and inserting: “inclusive, 422.001 to 422.410, inclusive, and sections 2 to 12, inclusive, of this act, 422.580, 432.010 to”.

Amend sec. 16, page 6, by deleting line 29 and inserting: “445A.055, inclusive, and all”.

Amend sec. 17, page 7, line 24, after “1.” by inserting: “On or before January 1, 2004, adopt final regulations required to carry out the provisions of this act.

2.”.

Amend sec. 17, page 7, line 27, by deleting “2.” and inserting “3.”.

Amend sec. 17, page 7, line 29, by deleting “1” and inserting “2”.

Amend sec. 18, page 7, by deleting lines 35 through 41 and inserting: “Committee, so that the terms of the members are staggered, half of the members to serve initial terms of 1 year and the other half of the members to serve initial terms of 2 years.”.

Amend sec. 18, page 7, line 44, after “Therapeutics Committee” by inserting:

“and the Drug Use Review Board”.

Amend sec. 19, page 8, by deleting line 3 and inserting:

“Sec. 16. This act becomes effective upon passage and approval for the purpose of adopting regulations by the Department of Human Resources and on July 1, 2003, for all other purposes.”.

Amend the title of the bill to read as follows:

“AN ACT relating to public welfare; requiring the Department of Human Resources to develop a list of preferred prescription drugs to be used for the Medicaid program; requiring the Department to manage the use by the Medicaid program of step therapy and prior authorization for prescription drugs; creating the Pharmacy and Therapeutics Committee within the Department; and providing other matters properly relating thereto.”.

Amend the summary of the bill to read as follows:

“SUMMARY―Makes various changes concerning provision of prescription drugs pursuant to Medicaid program. (BDR 38‑775)”.

Senator Rawson moved the adoption of the amendment.

Remarks by Senator Rawson.

Amendment adopted.

Bill ordered reprinted, re-engrossed and to third reading.

Assembly Bill No. 390.

Bill read second time.

The following amendment was proposed by the Committee on Government Affairs:

Amendment No. 680.

Amend sec. 3, page 2, by deleting lines 26 through 28 and inserting: “a public right-of-way that abuts his property, unless he:

1. Failed to comply with an ordinance adopted pursuant to paragraph (d) of subsection 2 of section 1 of this act; or

2. Created a dangerous condition that caused the injury or damage.”.

Senator Care moved the adoption of the amendment.

Remarks by Senator Care.

Amendment adopted.

Bill ordered reprinted, re-engrossed and to third reading.

Assembly Bill No. 402.

Bill read second time.

The following amendment was proposed by the Committee on Human Resources and Facilities:

Amendment No. 565.

Amend the bill as a whole by renumbering sections 1 and 2 as sections 2 and 3 and adding a new section designated section 1, following the enacting clause, to read as follows:

“Section 1. Chapter 439A of NRS is hereby amended by adding thereto a new section to read as follows:

1. No person may operate or undertake any proposed expenditure for the operation of a new medical helicopter that will provide medical helicopter services in an area located within 150 miles from the base of an existing medical helicopter without first applying for and obtaining the written approval of the State Health Officer or the designee of the State Health Officer.

2. Except as otherwise provided in subsection 3, the State Health Officer or the designee of the State Health Officer may approve an application submitted pursuant to subsection 1 only if the applicant demonstrates that:

(a) Based on the needs of the specific population to be served by the new medical helicopter and on the projected number of persons who have or will have a need for the proposed service, the population to be served has a need for the new medical helicopter;

(b) The existing medical helicopter services in the area to be served by the new medical helicopter cannot or will not meet the projected needs of the population to be served by the new medical helicopter;

(c) The applicant has the financial stability to provide medical helicopter services to the population to be served by the new medical helicopter for a significant period of time;

(d) The new medical helicopter will result in a significant savings in costs for users of and payors for medical helicopter services;

(e) The new medical helicopter will not have an adverse effect on the quality of care provided to users of medical helicopter services and will not have an unnecessarily negative effect on the cost of medical helicopter services for users of or payors for such services; and

(f) The approval of the application will not adversely affect an existing provider of medical helicopter services.

3. The State Health Officer or the designee of the State Health Officer shall not approve an application submitted pursuant to subsection 1 if:

(a) The applicant fails to provide sufficient, relevant, demonstrative evidence for the approval of the application; or

(b) The evidence opposing the application outweighs the evidence supporting the application.

4. In determining whether to approve an application submitted pursuant to subsection 1, the State Health Officer or the designee of the State Health Officer shall:

(a) Contact existing providers of medical helicopter services, ensure that existing providers of medical helicopter services have an opportunity to participate in any public hearing concerning the application, and seek the input of existing providers of medical helicopter services concerning the application; and

(b) Consider:

(1) The level of medical care to be provided by the applicant to the population to be served by the new medical helicopter;

(2) The impact of the new medical helicopter on the rates, quality of service and safety of existing providers of medical helicopter services and on the level of medical care provided by such providers;

(3) The effect of the new medical helicopter on the cost of health care services; and

(4) Any other information the State Health Officer or the designee of the State Health Officer deems relevant.

5. An applicant whose application is rejected pursuant to this section may appeal the decision of the State Health Officer or the designee of the State Health Officer to the State Board of Health. The decision of the State Board of Health is a final decision for the purposes of judicial review.

6. As used in this section, “medical helicopter” means a helicopter especially designed, constructed, modified or equipped to be used for the transportation of injured or sick persons. The term does not include any commercial helicopter carrying passengers on regularly scheduled flights.”.

Amend sec. 2, page 3, line 5, by deleting “1.”.

Amend sec. 2, page 3, line 10, after “of” by inserting “section 2 of”.

Amend sec. 2, page 3, by deleting lines 11 through 15.

Amend the bill as a whole by renumbering sec. 3 as sec. 5 and adding a new section designated sec. 4, following sec. 2, to read as follows:

“Sec. 4. The provisions of section 1 of this act apply retroactively to each medical helicopter that did not provide medical helicopter services on or before December 31, 2002.”.

Amend sec. 3, page 3, line 16, by deleting: “This act becomes” and inserting:

“1. This section and sections 1 and 4 of this act become effective upon passage and approval.

2. Sections 2 and 3 of this act become”.

Amend the title of the bill, first line, after “care;” by inserting: “requiring a person to obtain the approval of the State Health Officer before operating a new medical helicopter under certain circumstances;”.

Amend the summary of the bill to read as follows:

“SUMMARY―Makes various changes concerning approval of certain medical helicopters and certain health facilities. (BDR 40‑816)”.

Senator Rawson moved the adoption of the amendment.

Remarks by Senator Rawson.

Amendment adopted.

Bill ordered reprinted, engrossed and to third reading.

Assembly Bill No. 458.

Bill read second time.

The following amendment was proposed by the Committee on Government Affairs:

Amendment No. 681.

Amend section 1, page 2, line 12, by deleting “workday.” and inserting: “workday unless by mutual agreement the mechanic or workman works a scheduled 10 hours per day for 4 calendar days within any scheduled week of work.”.

Amend section 1, page 2, by deleting lines 17 and 18 and inserting: “bargaining agreement for work in excess of:

(a) Forty hours in any scheduled week of work; or

(b) Eight hours in any workday unless the collective bargaining agreement provides that the mechanic or workman shall work a scheduled 10 hours per day for 4 calendar days within any scheduled week of work.”.

Senator O'Connell moved the adoption of the amendment.

Remarks by Senator O'Connell.

Amendment adopted.

Bill ordered reprinted, re-engrossed and to third reading.

Assembly Bill No. 485.

Bill read second time.

The following amendment was proposed by the Committee on Natural Resources:

Amendment No. 633.

Amend section 1, page 2, line 27, after “2.” by inserting: “A person described in paragraph (a), (b) or (c) of subsection 1 shall report to the Division, in a manner prescribed by the Commission:

(a) Any of the following substances that are found on or at real property owned by the person:

(1) Hazardous substances at or above the required reporting levels designated pursuant to sections 102 and 103 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, 42

U.S.C. §§ 9602 and 9603; and

(2) Petroleum products of such type and in such amount as are required by the Division to be reported; and

(b) Any response action or cleanup that has been performed with respect to the real property described in paragraph (a).

3.”.

Amend section 1, page 2, line 33, by deleting “3.” and inserting “4.”.

Amend section 1, page 3, line 5, by deleting “4.” and inserting “5.”.

Amend section 1, page 3, line 9, by deleting “5.” and inserting “6.”.

Amend the title of the bill, sixth line, after “released;” by inserting:

“requiring that such persons report the discovery of certain hazardous substances and petroleum products and report the carrying out of certain related response actions and cleanup;”.

Senator Titus moved the adoption of the amendment.

Remarks by Senator Titus.

Amendment adopted.

Bill ordered reprinted, re-engrossed and to third reading.

Assembly Bill No. 488.

Bill read second time and ordered to third reading.

Assembly Joint Resolution No. 4.

Resolution read second time and ordered to third reading.

GENERAL FILE AND THIRD READING

Senate Bill No. 289.

Bill read third time.

Roll call on Senate Bill No. 289:

Yeas—17.

Nays—None.

Excused—Neal, Nolan, Tiffany, Washington—4.

Senate Bill No. 289 having received a constitutional majority, Mr. President pro Tempore declared it passed, as amended.

Bill ordered transmitted to the Assembly.

Assembly Bill No. 25.

Bill read third time.

Roll call on Assembly Bill No. 25:

Yeas—17.

Nays—None.

Excused—Neal, Nolan, Tiffany, Washington—4.

Assembly Bill No. 25 having received a constitutional majority, Mr. President pro Tempore declared it passed.

Bill ordered transmitted to the Assembly.

Assembly Bill No. 32.

Bill read third time.

Roll call on Assembly Bill No. 32:

Yeas—17.

Nays—None.

Excused—Neal, Nolan, Tiffany, Washington—4.

Assembly Bill No. 32 having received a two-thirds majority, Mr. President pro Tempore declared it passed, as amended.

Bill ordered transmitted to the Assembly.

Assembly Bill No. 35.

Bill read third time.

Roll call on Assembly Bill No. 35:

Yeas—17.

Nays—None.

Excused—Neal, Nolan, Tiffany, Washington—4.

Assembly Bill No. 35 having received a constitutional majority, Mr. President pro Tempore declared it passed.

Bill ordered transmitted to the Assembly.

Assembly Bill No. 40.

Bill read third time.

Roll call on Assembly Bill No. 40:

Yeas—17.

Nays—None.

Excused—Neal, Nolan, Tiffany, Washington—4.

Assembly Bill No. 40 having received a constitutional majority, Mr. President pro Tempore declared it passed, as amended.

Bill ordered transmitted to the Assembly.

Assembly Bill No. 60.

Bill read third time.

Roll call on Assembly Bill No. 60:

Yeas—17.

Nays—None.

Excused—Neal, Nolan, Tiffany, Washington—4.

Assembly Bill No. 60 having received a constitutional majority, Mr. President pro Tempore declared it passed, as amended.

Bill ordered transmitted to the Assembly.

Assembly Bill No. 78.

Bill read third time.

The following amendment was proposed by Senator Cegavske:

Amendment No. 773.

Amend the bill as a whole by renumbering sec. 5 as sec. 9 and adding new sections designated sections 5 through 8, following sec. 4, to read as follows:

“Sec. 5. Chapter 179B of NRS is hereby amended by adding thereto a new section to read as follows:

“Offender” means a sex offender or an offender convicted of a crime against a child.

Sec. 6. NRS 179B.010 is hereby amended to read as follows:

179B.010 As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 179B.020 to 179B.140, inclusive, and section 5 of this act have the meanings ascribed to them in those sections.

Sec. 7. NRS 179B.250 is hereby amended to read as follows:

179B.250 1. The Department shall, in a manner prescribed by the Director, establish within the Central Repository a program to provide the public with access to certain information contained in the statewide registry. The program may include, but is not limited to, the use of a secure website on the Internet or other electronic means of communication to provide the public with access to certain information contained in the statewide registry if such information is made available and disclosed in accordance with the procedures set forth in this section.

2. [Before a search of the statewide registry is conducted on behalf of a requester seeking information from the program, the requester must provide his name, address and telephone number and the following information concerning the identity of the subject of the search:

~~(a) The name of the subject of the search and at least one of the following items:~~

~~(1) The social security number of the subject of the search;~~

~~(2) The identification number from a driver’s license or an identification card issued to the subject of the search by this state; or~~

~~(3) The date of birth of the subject of the search; or~~

~~(b) The name and address of the subject of the search and all of the following items:~~

~~(1) The race or ethnicity of the subject of the search;~~

~~(2) The hair color and eye color of the subject of the search;~~

~~(3) The approximate height and weight of the subject of the search; and~~

~~(4) The approximate age of the subject of the search.~~

After conducting a search based upon information provided pursuant to paragraph (a) or (b), the Central Repository may require the requester to provide additional information to confirm the identity of the subject of the search. The additional information may include, but is not limited to, the license number from a motor vehicle frequently driven by the subject of the search, the employer of the subject of the search or any information listed in paragraph (a) or (b) that was not provided for the initial search.

~~3. After conducting a search of the statewide registry on behalf of a requester,]~~ For each inquiry to the program, the requester must provide:

(a) The name of the subject of the search;

(b) Any alias of the subject of the search;

(c) The zip code of the residence, place of work or school of the subject of the search; or

(d) Any other information concerning the identity or location of the subject of the search that is deemed sufficient in the discretion of the Department.

3. For each inquiry to the program, made by the requester, the Central Repository shall:

(a) Explain the levels of notification that are assigned to sex offenders pursuant to NRS 179D.730; and

(b) Explain that the Central Repository is prohibited by law from disclosing information concerning certain offenders, even if those offenders are listed in the statewide registry.

4. If an offender listed in the statewide registry matches the information provided by the requester concerning the identity or location of the subject of the search, the Central Repository:

(a) Shall disclose to the requester information concerning an offender who is assigned a Tier 3 level of notification.

(b) May, in the discretion of the Department, disclose to the requester information concerning an offender who is assigned a Tier 2 level of notification.

(c) Shall not disclose to the requester information concerning an offender who is assigned a Tier 1 level of notification.

5. After each inquiry to the program made by the requester, the Central Repository shall inform the requester that:

(a) No ~~[person]~~ offender listed in the statewide registry matches the information provided by the requester concerning the identity or location of the subject of the search;

(b) The search of the statewide registry has not produced information that is available to the public through the statewide registry;

(c) The requester needs to provide additional information concerning the identity or location of the subject of the search before the Central Repository may disclose the results of the search; or

~~[(c) A person]~~

(d) An offender listed in the statewide registry matches the information provided by the requester concerning the identity or location of the subject of the search. If a search of the statewide registry results in a match pursuant to this paragraph, the Central Repository:

(1) Shall inform the requester of the name or any alias of the offender and the zip codes of the residence, work place and school of the offender.

(2) Shall inform the requester of each offense for which the ~~[subject of the search]~~ offender was convicted , describing each offense in language that is understandable to the ordinary layperson, and the date and location of each conviction.

~~[(2)]~~ (3) Shall inform the requester of the age of the victim and offender at the time of each offense.

(4) May, through the use of a secure website on the Internet or other electronic means of communication, provide the requester with a photographic image of the ~~[subject of the search]~~ offender if such an image is available.

~~[(3)]~~ (5) Shall not provide the requester with any other information that is included in the record of registration for the ~~[subject of the search.~~

~~4.]~~ offender.

6. For each inquiry to the program, the Central Repository shall [:

~~(a) Charge a fee to the requester;~~

~~(b) Maintain]~~ maintain a log of the information provided by the requester to the Central Repository and the information provided by the Central Repository to the requester . ~~[; and~~

(c) Inform the requester that information obtained through the program may not be used to violate the law or the individual rights of another person and that such misuse of information obtained through the program may subject the requester to criminal prosecution or civil liability for damages.

~~5.]~~ 7. A person may not use information obtained through the program as a substitute for information relating to sexual offenses that must be provided by the Central Repository pursuant to NRS 179A.180 to 179A.240, inclusive, or another provision of law.

8. The provisions of this section do not prevent law enforcement officers, the Central Repository and its officers and employees, or any other person from:

(a) Accessing information in the statewide registry pursuant to NRS 179B.200;

(b) Carrying out any duty pursuant to chapter 179D of NRS; or

(c) Carrying out any duty pursuant to another provision of law.

Sec. 8. NRS 179B.260 is hereby repealed.”.

Amend the bill as a whole by adding the text of the repealed section, following sec. 5, to read as follows:

“

TEXT OF REPEALED SECTION

179B.260 Use of fees collected from operation of program. All money received by the Central Repository from operation of the program must be used as provided in subsection 2 of NRS 179A.140.”.

Amend the title of the bill to read as follows:

“AN ACT relating to offenders; revising the penalty for a sexual assault against a child under the age of 16 years; revising the penalty for lewdness with a child; prohibiting the suspension of sentence or granting of probation to a person convicted of lewdness with a child; revising certain provisions relating to the program that provides the public with access to certain information in the statewide registry concerning certain sex offenders and offenders convicted of a crime against a child; and providing other matters properly relating thereto.”.

Amend the summary of the bill to read as follows:

“SUMMARY—Makes changes to various provisions pertaining to certain offenders who commit sexual offenses and crimes against children. (BDR 15‑1031)”.

Senator Cegavske moved the adoption of the amendment.

Remarks by Senator Cegavske.

Amendment adopted.

Bill ordered reprinted, re-engrossed and to third reading.

Assembly Bill No. 92.

Bill read third time.

Roll call on Assembly Bill No. 92:

Yeas—17.

Nays—None.

Excused—Neal, Nolan, Tiffany, Washington—4.

Assembly Bill No. 92 having received a two-thirds majority, Mr. President pro Tempore declared it passed, as amended.

Bill ordered transmitted to the Assembly.

Assembly Bill No. 95.

Bill read third time.

Roll call on Assembly Bill No. 95:

Yeas—17.

Nays—None.

Excused—Neal, Nolan, Tiffany, Washington—4.

Assembly Bill No. 95 having received a constitutional majority, Mr. President pro Tempore declared it passed.

Bill ordered transmitted to the Assembly.

Assembly Bill No. 100.

Bill read third time.

Roll call on Assembly Bill No. 100:

Yeas—17.

Nays—None.

Excused—Neal, Nolan, Tiffany, Washington—4.

Assembly Bill No. 100 having received a constitutional majority, Mr. President pro Tempore declared it passed, as amended.

Bill ordered transmitted to the Assembly.

Assembly Bill No. 117.

Bill read third time.

Roll call on Assembly Bill No. 117:

Yeas—17.

Nays—None.

Excused—Neal, Nolan, Tiffany, Washington—4.

Assembly Bill No. 117 having received a constitutional majority, Mr. President pro Tempore declared it passed.

Bill ordered transmitted to the Assembly.

Assembly Bill No. 132.

Bill read third time.

Roll call on Assembly Bill No. 132:

Yeas—11.

Nays—Cegavske, Hardy, McGinness, O'Connell, Raggio, Shaffer—6.

Excused—Neal, Nolan, Tiffany, Washington—4.

Assembly Bill No. 132 having received a constitutional majority, Mr. President pro Tempore declared it passed, as amended.

Bill ordered transmitted to the Assembly.

Assembly Bill No. 146.

Bill read third time.

The following amendment was proposed by Senator Townsend:

Amendment No. 739.

Amend the bill as a whole by renumbering sections 5 and 6 as sections 6 and 7 and adding a new section designated sec. 5, following sec. 4, to read as follows:

“Sec. 5. NRS 625.500 is hereby amended to read as follows:

625.500 1. The licensure requirements of this chapter do not apply to ~~[the]~~ :

(a) The employees of interstate or intrastate public utility companies while they are engaged in work for those companies ~~[or to any]~~ ;

(b) Any architect registered pursuant to the provisions of chapter 623 of NRS and who practices architecture as permitted by chapter 623 of NRS ~~[.]~~ ; or

(c) A person, while he is using a scanner for the purpose of construction management or monitoring, or both, if he is certified by the International Conference of Building Officials or a successor organization for the purposes for which he is using the scanner.

2. As used in this section, “scanner” means a device that uses laser technology to capture the digital shape of physical objects through laser triangulation.”.

Amend the title of the bill, ninth line, after “circumstances;” by inserting: “exempting certain laser scanner operators from the licensure requirements applicable to professional engineers and land surveyors;”.

Senator Townsend moved the adoption of the amendment.

Remarks by Senator Townsend.

Amendment adopted.

Bill ordered reprinted, re-engrossed and to third reading.

Assembly Bill No. 190.

Bill read third time.

Roll call on Assembly Bill No. 190:

Yeas—17.

Nays—None.

Excused—Neal, Nolan, Tiffany, Washington—4.

Assembly Bill No. 190 having received a constitutional majority, Mr. President pro Tempore declared it passed, as amended.

Bill ordered transmitted to the Assembly.

Assembly Bill No. 230.

Bill read third time.

Roll call on Assembly Bill No. 230:

Yeas—17.

Nays—None.

Excused—Neal, Nolan, Tiffany, Washington—4.

Assembly Bill No. 230 having received a constitutional majority, Mr. President pro Tempore declared it passed, as amended.

Bill ordered transmitted to the Assembly.

Assembly Bill No. 323.

Bill read third time.

Roll call on Assembly Bill No. 323:

Yeas—17.

Nays—None.

Excused—Neal, Nolan, Tiffany, Washington—4.

Assembly Bill No. 323 having received a constitutional majority, Mr. President pro Tempore declared it passed.

Bill ordered transmitted to the Assembly.

Assembly Bill No. 336.

Bill read third time.

Roll call on Assembly Bill No. 336:

Yeas—17.

Nays—None.

Excused—Neal, Nolan, Tiffany, Washington—4.

Assembly Bill No. 336 having received a constitutional majority, Mr. President pro Tempore declared it passed.

Bill ordered transmitted to the Assembly.

Assembly Bill No. 348.

Bill read third time.

Roll call on Assembly Bill No. 348:

Yeas—17.

Nays—None.

Excused—Neal, Nolan, Tiffany, Washington—4.

Assembly Bill No. 348 having received a constitutional majority, Mr. President pro Tempore declared it passed, as amended.

Bill ordered transmitted to the Assembly.

Assembly Bill No. 381.

Bill read third time.

Roll call on Assembly Bill No. 381:

Yeas—17.

Nays—None.

Excused—Neal, Nolan, Tiffany, Washington—4.

Assembly Bill No. 381 having received a two-thirds majority, Mr. President pro Tempore declared it passed.

Bill ordered transmitted to the Assembly.

Assembly Bill No. 405.

Bill read third time.

Roll call on Assembly Bill No. 405:

Yeas—17.

Nays—None.

Excused—Neal, Nolan, Tiffany, Washington—4.

Assembly Bill No. 405 having received a constitutional majority, Mr. President pro Tempore declared it passed.

Bill ordered transmitted to the Assembly.

Assembly Bill No. 419.

Bill read third time.

Roll call on Assembly Bill No. 419:

Yeas—17.

Nays—None.

Excused—Neal, Nolan, Tiffany, Washington—4.

Assembly Bill No. 419 having received a two-thirds majority, Mr. President pro Tempore declared it passed, as amended.

Bill ordered transmitted to the Assembly.

Assembly Bill No. 421.

Bill read third time.

Roll call on Assembly Bill No. 421:

Yeas—17.

Nays—None.

Excused—Neal, Nolan, Tiffany, Washington—4.

Assembly Bill No. 421 having received a constitutional majority, Mr. President pro Tempore declared it passed.

Bill ordered transmitted to the Assembly.

Assembly Bill No. 424.

Bill read third time.

Roll call on Assembly Bill No. 424:

Yeas—17.

Nays—None.

Excused—Neal, Nolan, Tiffany, Washington—4.

Assembly Bill No. 424 having received a constitutional majority, Mr. President pro Tempore declared it passed.

Bill ordered transmitted to the Assembly.

Assembly Bill No. 437.

Bill read third time.

Roll call on Assembly Bill No. 437:

Yeas—17.

Nays—None.

Excused—Neal, Nolan, Tiffany, Washington—4.

Assembly Bill No. 437 having received a constitutional majority, Mr. President pro Tempore declared it passed, as amended.

Bill ordered transmitted to the Assembly.

Assembly Bill No. 443.

Bill read third time.

Roll call on Assembly Bill No. 443:

Yeas—17.

Nays—None.

Excused—Neal, Nolan, Tiffany, Washington—4.

Assembly Bill No. 443 having received a constitutional majority, Mr. President pro Tempore declared it passed.

Bill ordered transmitted to the Assembly.

Assembly Bill No. 445.

Bill read third time.

Roll call on Assembly Bill No. 445:

Yeas—17.

Nays—None.

Excused—Neal, Nolan, Tiffany, Washington—4.

Assembly Bill No. 445 having received a constitutional majority, Mr. President pro Tempore declared it passed.

Bill ordered transmitted to the Assembly.

Assembly Bill No. 448.

Bill read third time.

Roll call on Assembly Bill No. 448:

Yeas—15.

Nays—McGinness, O'Connell—2.

Excused—Neal, Nolan, Tiffany, Washington—4.

Assembly Bill No. 448 having received a constitutional majority, Mr. President pro Tempore declared it passed.

Bill ordered transmitted to the Assembly.

Assembly Bill No. 498.

Bill read third time.

Roll call on Assembly Bill No. 498:

Yeas—17.

Nays—None.

Excused—Neal, Nolan, Tiffany, Washington—4.

Assembly Bill No. 498 having received a constitutional majority, Mr. President pro Tempore declared it passed, as amended.

Bill ordered transmitted to the Assembly.

Assembly Bill No. 507.

Bill read third time.

Roll call on Assembly Bill No. 507:

Yeas—17.

Nays—None.

Excused—Neal, Nolan, Tiffany, Washington—4.

Assembly Bill No. 507 having received a constitutional majority, Mr. President pro Tempore declared it passed, as amended.

Bill ordered transmitted to the Assembly.

Assembly Bill No. 509.

Bill read third time.

Roll call on Assembly Bill No. 509:

Yeas—17.

Nays—None.

Excused—Neal, Nolan, Tiffany, Washington—4.

Assembly Bill No. 509 having received a constitutional majority, Mr. President pro Tempore declared it passed, as amended.

Bill ordered transmitted to the Assembly.

Assembly Bill No. 510.

Bill read third time.

Roll call on Assembly Bill No. 510:

Yeas—17.

Nays—None.

Excused—Neal, Nolan, Tiffany, Washington—4.

Assembly Bill No. 510 having received a constitutional majority, Mr. President pro Tempore declared it passed.

Bill ordered transmitted to the Assembly.

Assembly Bill No. 522.

Bill read third time.

Roll call on Assembly Bill No. 522:

Yeas—17.

Nays—None.

Excused—Neal, Nolan, Tiffany, Washington—4.

Assembly Bill No. 522 having received a constitutional majority, Mr. President pro Tempore declared it passed, as amended.

Bill ordered transmitted to the Assembly.

Assembly Bill No. 539.

Bill read third time.

Roll call on Assembly Bill No. 539:

Yeas—16.

Nays—None.

Absent—Townsend.

Excused—Neal, Nolan, Tiffany, Washington—4.

Assembly Bill No. 539 having received a constitutional majority, Mr. President pro Tempore declared it passed.

Bill ordered transmitted to the Assembly.

Assembly Bill No. 239.

Bill read third time.

The following amendment was proposed by Senator Shaffer:

Amendment No. 782.

Amend the bill as a whole by renumbering sections 2 and 3 as sections 3 and 4 and adding a new section designated sec. 2, following section 1, to read as follows:

“Sec. 2. NRS 482.1805 is hereby amended to read as follows:

482.1805 1. The Revolving Account for the Issuance of Special License Plates is hereby created as a special account in the Motor Vehicle Fund. An amount equal to $35 of the fee received by the Department for the initial issuance of a special license plate, not including any additional fee which may be added to generate financial support for a particular cause or charitable organization, must be deposited in the Motor Vehicle Fund for credit to the Account.

2. The Department shall use the money in the Account to ~~[pay]~~ :

(a) Pay the expenses involved in issuing special license plates ~~[.]~~ ; and

(b) Purchase improved and upgraded technology, including, without limitation, digital technology for the production of special license plates, to ensure that special license plates are produced in the most efficient manner possible.

3. Money in the Account must be used only for the ~~[purpose]~~ purposes specified in subsection 2.

4. At the end of each fiscal year, the State Controller shall transfer from the Account to the State Highway Fund an amount of money equal to the balance in the Account which exceeds $50,000.”.

Amend the bill as a whole by adding a new section designated sec. 5, following sec. 3, to read as follows:

“Sec. 5. 1. This section and section 2 of this act become effective upon passage and approval.

2. Sections 1, 3 and 4 of this act become effective on October 1, 2003.”.

Amend the title of the bill, seventh line, after “plates;” by inserting: “expanding the purposes for which money in the Revolving Account for the Issuance of Special License Plates may be used;”.

Amend the summary of the bill to read as follows:

“SUMMARY—Authorizes production and issuance of vintage license plates for certain motor vehicles and expands purposes for which money in Revolving Account for Issuance of Special License Plates may be used. (BDR 43‑126)”.

Senator Shaffer moved the adoption of the amendment.

Remarks by Senators Shaffer and Carlton.

Amendment adopted.

Bill ordered reprinted, re-engrossed and to third reading.

MOTIONS, RESOLUTIONS AND NOTICES

Senator Rawson moved to reconsider the vote whereby Assembly Bill No. 539 was this day passed.

Remarks by Senator Rawson.

Motion carried unanimously.

GENERAL FILE AND THIRD READING

Assembly Bill No. 539.

Bill read third time.

Roll call on Assembly Bill No. 539:

Yeas—17.

Nays—None.

Excused—Neal, Nolan, Tiffany, Washington—4.

Assembly Bill No. 539 having received a constitutional majority, Mr. President pro Tempore declared it passed.

Bill ordered transmitted to the Assembly.

UNFINISHED BUSINESS

Signing of Bills and Resolutions

There being no objections, the President pro Tempore and Secretary signed Senate Bills Nos. 13, 16, 54, 140, 141, 145, 201, 358.

GUESTS EXTENDED PRIVILEGE OF SENATE FLOOR

On request of Senator McGinness, the privilege of the floor of the Senate Chamber for this day was extended to Armand Haciibrahimoglu.

On request of Senator Wiener, the privilege of the floor of the Senate Chamber for this day was extended to Ruby Tun.

Senator Raggio moved that the Senate adjourn until Monday, May 19, 2003, at 11 a.m.

Motion carried.

Senate adjourned at 12:31 p.m.

Approved: Mark E. Amodei

President pro Tempore of the Senate

Attest: Claire J. Clift

Secretary of the Senate