AB 409 — Revises provisions relating to the subject area of reading. (BDR 34-988)

2.

NRS 385A.450 is hereby amended to read as follows:

385A.450 The annual report of accountability prepared by the State Board pursuant to NRS 385A.400 must include information on the attendance, truancy and transiency of pupils, including, without limitation:

1.

For all elementary schools, junior high schools and middle schools, the rate of attendance, reported for each school district, including, without limitation, each charter school in the district, and for this State as a whole.

2.

The number of pupils in each grade who are retained in the same grade pursuant to NRS 392.033 [,] or 392.125 , [or 392.760,] reported for each school district, including, without limitation, each charter school in the district, and for this State as a whole.

The transiency rate of pupils, reported for each school district, including, without limitation, each charter school in the district, and for this State as a whole.

For the purposes of this subsection, a pupil is not a transient if the pupil is transferred to a different school within the school district as a result of a change in the zone of attendance by the board of trustees of the school district pursuant to NRS 388.040.

4.

The number of habitual truants reported for each school district, including, without limitation, each charter school in the district, and for this State as a whole, including, without limitation, the number who are:

(a) Reported to an attendance officer, a school police officer or a local law enforcement agency pursuant to paragraph (a) of subsection 2 of NRS 392.144;

(b) Referred to an advisory board to review school attendance pursuant to paragraph (b) of subsection 2 of NRS 392.144;

and (c) Referred for the imposition of administrative sanctions pursuant to paragraph (c) of subsection 2 of NRS 392.144.

Sec.

3.

The board of trustees of each school district and the governing body of each charter school shall prepare a plan to improve the literacy of pupils enrolled in kindergarten[kindergarten and grades 11, [, 2 and 3.] toan 5,elementary inclusive.school.

(a) A program to provide intensive instruction to pupils who have been identified as deficient in the subject area of reading to ensure that those pupils achieve adequate proficiency in [that subject - *AB409* – 5 – area.] the requisite reading skills and reading comprehension skills necessary to perform at a level considered by the school district or charter school to be within the average range for a pupil enrolled in the same grade level in which the pupil is enrolled.

Such a program must include, without limitation, regularly scheduled reading sessions in small groups and specific instruction [on] designed to target any area in which the pupil demonstrates a deficiency, including, without limitation, phonological and phonemic awareness, decoding skills , [and] reading fluency [;] , vocabulary and reading comprehension strategies.strategies;

and (2) During grades[grades 11, [, 2 and 3;] toeach 5,grade inclusive;level in elementary school;

- *AB409_R1* – 4 – Sec.

or (b) A licensed teacher who is employed by a school district or charter school to teach kindergarten[kindergarten or grade 1, 2, 3 ,or [or]4] 4in oran 5elementary school whose overall performance is determined to be highly effective under the statewide performance evaluation system established by the State Board pursuant to NRS 391.465.

- *AB409* – 6 – 3.

Each licensed teacher employed by a school district or charter school to teach kindergarten[kindergarten or grade 1, 2, 3 ,or [or]4] 4in oran 5elementary school shall complete professional development provided by a learning strategist designated pursuant to subsection 1 in the subject area of reading.

(b) Any professional development that a licensed teacher employed by a school district or charter school to teach kindergarten[kindergarten or grade 1, 2, 3 ,or [or]4] 4in oran 5elementary school is required to receive from a learning strategist in the subject area of reading;

(b) Improved at a rate prescribed by the governing body of the charter school, indicating the pupils are making progress toward performing at a level considered by the charter school to be within - *AB409_R1* – 5 – the average range for pupils enrolled in the same grade level in which the pupils are enrolled;

5.5.

NRS 388A.487 is hereby amended to read as follows:

388A.487 1.

The governing body of a charter school shall adopt rules for the academic retention of pupils who are enrolled in the charter school that are consistent with NRS 392.750, 392.760 and 392.765.

The rules must:

(a) Prescribe the conditions under which a pupil may be retained in the same grade rather than promoted to the next higher grade for the immediately succeeding school year.

(b) Require a pupil enrolled in grade 3 to be retained in the same grade rather than promoted to grade 4 when required pursuant to NRS 392.760.

2.

On or before September 1 of each year, the governing body of each charter school shall:

(a) Prepare a report concerning the number and percentage of pupils at the charter school who were [:

(1) Retained] retained in grade 3 pursuant to NRS 392.760 for a deficiency in the subject area of reading, including whether or not any such pupils were previously retained in kindergarten or grade 1 or 2 ;

[;

and (2) Not retained in grade 3 because a good cause exemption was approved pursuant to NRS 392.760 but who were previously retained in kindergarten or grade 1 or 2 for a total of 2 years;] (b) Submit a copy of the report to the Department;

and (c) Post the report on the Internet website maintained by the charter school and otherwise make the report available to the parents and legal guardians of pupils enrolled in the charter school and the general public.

Sec.

392.750 If a pupil enrolled at a public elementary school in[in kindergarten or grade 1, 2 , [or] 3 , 4 or 53] exhibits a deficiency in the subject area of reading based upon state or local curriculum-based assessments and the observations of the pupil’s teacher, the principal of the school must provide written notice of the deficiency to the parent or legal guardian of the pupil within 30 days after the - *AB409**AB409_R1* – 76 – date on which the deficiency is discovered.

Identify the educational programs and services that the pupil will receive to improve the pupil’s proficiency in the subject area of reading, including, without limitation, the programs and services included in the plan to improve the literacy of pupils enrolled in kindergarten[kindergarten and grades 11, [, 2 and 3] toelementary 5,school inclusive, that has been approved by the Department pursuant to NRS 388.157;

Explain that the school will frequently monitor the progress of the pupil toward obtaining proficiency in the subject area of reading using curriculum-based assessments and periodically update the parent or legal guardian of the pupil regarding the progress of the pupil.pupil;

Explain that the school will analyze and regularly adjust the programs and services identified pursuant to subsection 1 based upon the data collected relating to the progress of the pupil in the subject area of reading until the pupil performs at a level considered by the school district or charter school to be within the average range for a pupil enrolled in the same grade level in which the pupil is enrolled.enrolled;

6.5.

NRS 392.750 is hereby amended to read as follows:

392.750 If a pupil enrolled at a public elementary school [in kindergarten or grade 1, 2 or 3] exhibits a deficiency in the subject area of reading based upon state or local assessments and the observations of the pupil’s teacher, the principal of the school must provide written notice of the deficiency to the parent or legal guardian of the pupil within 30 days after the date on which the deficiency is discovered.

The written notice must, without limitation:

1.

Identify the educational programs and services that the pupil will receive to improve the pupil’s proficiency in the subject area of reading, including, without limitation, the programs and services included in the plan to improve the literacy of pupils enrolled in [kindergarten and grades 1, 2 and 3] elementary school that has been approved by the Department pursuant to NRS 388.157;

- *AB409_R1* – 7 – 2.

[Explain that if the pupil does not achieve adequate proficiency in the subject area of reading before the completion of grade 3, the pupil will be retained in grade 3 rather than promoted to grade 4, unless the pupil receives a good-cause exemption pursuant to NRS 392.760;

3.] Describe, explain and, if appropriate, demonstrate the strategies which the parent or legal guardian may use at home to help improve the proficiency of the pupil in the subject area of reading;

[4.

Explain that the criterion-referenced examination in the subject area of reading administered pursuant to NRS 390.105 is not the only factor used to determine whether the pupil will be retained in grade 3 and that other options are available for the pupil to demonstrate proficiency if the pupil is eligible for a good-cause exemption pursuant to NRS 392.760;

5.] 3.

Describe the policy and specific criteria adopted by the board of trustees of the school district or governing body of a charter school, as applicable, pursuant to NRS 392.765 regarding the promotion of a pupil to grade 4 at any time during the school year if the pupil is retained in grade 3 pursuant to NRS 392.760;

[6.] 4.

Include information regarding the English literacy development of a pupil who is limited English proficient;

and [7.] 5.

Describe, explain and, if appropriate, demonstrate the strategies which the parent or legal guardian may use at home to help improve the English literacy of a pupil who is limited English proficient.

Sec.

The plan must include a description of any intervention services that will be provided to the pupil to correct the area of deficiency and must - *AB409* – 8 – include that the pupil will receive intensive instruction in reading [to ensure] until the pupil [achieves adequate proficiency in reading.] achieves adequate proficiency in the requisite reading skills and reading comprehension skills necessary to perform at a level - *AB409_R1* – 8 – considered by the school district or charter school to be within the average range for a pupil enrolled in the same grade level in which the pupil is enrolled.

Such instruction must include, without limitation, the programs and services included in the plan to improve the literacy of pupils enrolled in kindergarten[kindergarten and grades 11, [, 2 and 3] toelementary 5,school inclusive, approved by the Department pursuant to NRS 388.157.

Section(Deleted 8by ofamendment.) chapterSec. 334, Statutes of Nevada 2015, at page 1862, is hereby amended to read as follows:

8.3.

Section 10 of chapter 334, Statutes of Nevada 2015, at page 1863, is hereby amended to read as follows:

8.10.

If a pupil enrolled at a public elementary school in kindergarten or grade 1, 2 or 3 exhibits a deficiency in the subject area of reading based upon state or local assessments and the observations of the pupil’s teacher, the principal of the school must provide written notice of the deficiency to the parent or legal guardian of the pupil within 30 days after the date on which the deficiency is discovered.

The written notice must, without limitation:

IdentifyExcept theas educationalotherwise programsprovided andin servicesthis thatsection, thea pupil willenrolled receive to improve the pupil’s proficiency in thegrade subject3 areamust ofbe reading,retained including, without limitation, the programs and services included in thegrade plan to improve the literacy of pupils enrolled in kindergarten and grades 1, 2 and 3 thatrather hasthan beenpromoted approved by the Department pursuant to sectiongrade 54 ofif thisthe act;[pupil] :

(a) Pupil does not obtain a score in the subject area of reading on the criterion-referenced examination administered pursuant to NRS [389.550] 390.105 that meets the passing score prescribed by the State Board pursuant to subsection [7.] 2;

and (b) Parent or legal guardian of the pupil decides, in consultation with the teacher of the pupil and principal of the school, that the pupil must be retained.

[Explain[The thatsuperintendent ifof theschools pupilof doesa notschool achievedistrict adequateor proficiency in the subjectgoverning areabody of readinga beforecharter school, as applicable, may authorize the completionpromotion of a pupil to grade 3,4 thewho pupilwould willotherwise be retained in grade 3 ratheronly thanif promotedthe tosuperintendent gradeor 4,governing unlessbody, theas pupilapplicable, receivesapproves a good-cause exemption for the pupil upon a determination by the principal of the school pursuant to sectionsubsection 104 ofthat thisthe act;pupil is eligible for such an exemption.

-3. *AB409* – 9 – 3.] Describe, explain and, if appropriate, demonstrate the strategies which the parent or legal guardian may use at home to help improve the proficiency of the pupil in the subject area of reading;

[4.A good-cause exemption must be approved for a pupil who previously was retained in grade 3.

ExplainAny that the criterion-referenced examination in the subject area of reading administered pursuant to NRS 389.550 is not the only factor used to determine whether the pupil will be retained in grade 3 and that other options are available for the pupil to demonstrate proficiency if the pupil is eligible for a good-cause exemption pursuantif tothe sectionpupil: 10 of this act;

- *AB409_R1* – 9 – (a) Demonstrates an acceptable level of proficiency in reading on an alternative standardized reading assessment approved by the State Board;

(b) Demonstrates, through a portfolio of the pupil’s work, proficiency in reading at grade level, as evidenced by demonstration of mastery of the academic standards in reading beyond the retention level;

(c) Is limited English proficient and has received less than 2 years of instruction in a program of instruction that teaches English as a second language;

(d) Received intensive remediation in the subject area of reading for 2 or more years but still demonstrates a deficiency in reading and was previously retained in kindergarten or grade 1 or 2 for a total of 2 years;

(e) Is a pupil with a disability and his or her individualized education program indicates that the pupil’s participation in the criterion-referencedexaminations administered pursuant to NRS 389.550 is not appropriate;

or (f) Is a pupil with a disability and:

(1) He or she participates in the criterion-referenced examinations administered pursuant to NRS 389.550;

(2) His or her individualized education program or plan developed in accordance with section 504 of the Rehabilitation Act of 1973, 29 U.S.C.

§ 794, documents that the pupil has received intensive remediation in reading for more than 2 years, but he or she still demonstrates a deficiency in reading;

and (3) He or she was previously retained in kindergarten or grade 1, 2 or 3.

4.

The principal of a school in which a pupil who may be retained in grade 3 pursuant to subsection 1 is enrolled shall consider the factors set forth in subsection 3 and determine whether the pupil is eligible for a good-cause exemption.

In making the determination, the principal must consider documentation provided by the pupil’s teacher indicating whether the promotion of the pupil is appropriate based upon the record of the pupil.

Such documentation must only consist of the existing plan for monitoring the progress of the pupil, the pupil’s individualized education program, if applicable, and the pupil’s plan in accordance with section 504 of the Rehabilitation Act of 1973, 29 U.S.C.

§ 794, if applicable.

If the principal determines that promotion of the pupil to grade 4 is appropriate, the principal must submit a written recommendation to the superintendent of schools of the school district or to the governing body of the charter - *AB409_R1* – 10 – school, as applicable.

The superintendent of schools or the governing body of the charter school, as applicable, shall approve or deny the recommendation of the principal and provide written notice of the approval or denial to the principal.

DescribeA theprincipal policywho anddetermines specificthat criteriaa adoptedpupil byis theeligible boardfor ofa trusteesgood-cause ofexemption theshall schoolnotify districtthe parent or governinglegal bodyguardian of athe charterpupil school,whether asthe applicable,superintendent pursuant to section 11 of thisschools act regarding the promotion of a pupil to grade 4 at any time during the school yeardistrict ifor the pupilgoverning isbody retainedof inthe gradecharter 3school, pursuantas toapplicable, sectionapproves 10the ofgood-cause thisexemption. act;

6.]6. 3.

IncludeThe informationprincipal regardingof thea Englishschool literacyin developmentwhich of a pupil for whom a good-cause exemption is approved and who is limitedpromoted Englishto proficient;grade 4 must ensure that the pupil continues to receive intensive instruction in the subject area of reading.

andSuch [7.]instruction 4.must include, without limitation, strategies based upon scientifically based research that will improve proficiency in the subject area of reading.

Describe,7.] explainThe and,State ifBoard appropriate,shall demonstrateprescribe theby strategiesregulation which[: the parent or legal guardian may use at home to help improve the English literacy of a pupil who is limited English proficient.

(a) The] the score which a pupil enrolled in grade 3 must obtain in the subject area of reading on the criterion- referenced examination administered pursuant to NRS [389.550] 390.105 to be [promoted] automatically promoted to grade 4 .

[without a good-cause exemption;

and (b) An alternate examination for administration to pupils enrolled in grade 3 who do not obtain the passing score in the subject area of reading on the criterion-referenced examination administered pursuant to NRS 389.550 and the passing score such a pupil must obtain on the alternate examination to be promoted to grade 4 without a good-cause exemption.

8.

As used in this section, “individualized education program” has the meaning ascribed to it in 20 U.S.C.

§ 1414(d)(1)(A).] Sec.

8.7.

Section 11 of chapter 334, Statutes of Nevada 2015, at page 1864, is hereby amended to read as follows:

11.

1.

If a pupil will be retained in grade 3 pursuant to section 10 of this act, the principal of the school must:

(a) Provide written notice to the parent or legal guardian of the pupil confirming that the pupil will be retained in grade 3.

The written notice must include, without limitation, a description of the intensive instructional services in the subject area of reading that the pupil will receive to improve the proficiency of the pupil in that subject area.

- *AB409_R1* – 11 – (b) Develop a plan to monitor the progress of the pupil in the subject area of reading.

(c) Require the teacher of the pupil to develop a portfolio of the pupil’s work in the subject area of reading, which must be updated as necessary to reflect progress made by the pupil.

(d) Ensure that the pupil receives intensive instructional services in the subject area of reading that are designed to improve the pupil’s proficiency in the subject area of reading, including, without limitation:

(1) Programs and services included in the plan to improve the literacy of pupils enrolled in [kindergarten and grades 1, 2 and 3] elementary school approved by the Department pursuant to section 5 of this act;

(2) Instruction for at least 90 minutes each school day based upon scientifically based reading instruction research;

and (3) Intensive instructional services prescribed by the board of trustees of the school district pursuant to subsection 2, as determined appropriate for the pupil.

2.

The board of trustees of each school district or the governing body of a charter school, as applicable, shall:

(a) Review and evaluate the plans for monitoring the progress of pupils developed pursuant to subsection 1.

(b) Prescribe the intensive instructional services in the subject area of reading which the principal of a school must implement as determined appropriate for a pupil who is retained in grade 3 pursuant to section 10 of this act, which may include, without limitation:

(1) Instruction that is provided in small groups;

(2) Instruction provided in classes with reduced pupil- teacher ratios;

(3) A timeline for frequently monitoring the progress of the pupil;

(4) Tutoring and mentoring;

(5) Classes which are designed to increase the ability of pupils to transition from grade 3 to grade 4;

(6) Instruction provided through an extended school day, school week or school year;

(7) Programs to improve a pupil’s proficiency in reading which are offered during the summer;

or (8) Any combination of the services set forth in subparagraphs (1) to (7), inclusive.

3.

Except as otherwise provided in subsection 4, the intensive instructional services in the subject area of reading - *AB409_R1* – 12 – required by this section must be provided to the pupil by a teacher:

(a) Who is different than the teacher who provided instructional services to the pupil during the immediately preceding school year;

and (b) Who has been determined to be highly effective, as demonstrated by pupil performance data and performance evaluations.

4.

The intensive instructional services in the subject area of reading required by this section may be provided to the pupil by the same teacher who provided instructional services to the pupil during the immediately preceding school year if a different teacher who meets the requirements of paragraph (b) of subsection 3 is not reasonably available and the pupil:

(a) Has an individualized education program;

or (b) Is enrolled in a school district in a county whose population is less than 100,000.

5.

The board of trustees of each school district and the governing body of a charter school, as applicable, shall develop a policy by which the principal of a school may promote a pupil who is retained in grade 3 pursuant to section 10 of this act to grade 4 at any time during the school year if the pupil demonstrates adequate proficiency in the subject area of reading.

The policy must include the specific criteria a pupil must satisfy to be eligible for promotion, including, without limitation, a reasonable expectation that the pupil’s progress will allow him or her to sufficiently master the requirements for a fourth-grade reading level.

If a pupil is promoted after November 1 of a school year, he or she must demonstrate proficiency in reading at a level prescribed by the State Board.

6.

If a principal of a school determines that a pupil is not academically ready for promotion to grade 4 after being retained in grade 3 and the pupil received intensive instructional services pursuant to this section, the school district in which the pupil is enrolled must allow the parent or legal guardian of the pupil to decide, in consultation with the principal of the school, whether to place the pupil in a transitional instructional setting which is designed to produce learning gains sufficient for the pupil to meet the performance standards required for grade 4 while continuing to receive remediation in the subject area of reading.

7.

As used in this section, “individualized education program” has the meaning ascribed to it in 20 U.S.C.

§ 1414(d)(1)(A).

- *AB409_R1* – 13 – Sec.

In addition to the intensive instructional services provided to a pupil who [isis retained in grade 3 pursuant to section 10 of this act,]act, or exhibits a deficiency in the subject area of reading that is identified in subsection 1 of NRS 392.750, the principal of the school must offer the parent or legal guardian of the pupil at least one of the following instructional options:

- *AB409* – 10 – Sec.

Prepare a report concerning the number and percentage of pupils at each public elementary school within the school district who [were::

[were:] (a) Retained[Retained] Were retained in grade 3 pursuant to section 10 of this act for a deficiency in the subject area of reading, including whether or not any such pupils were previously retained in kindergarten or grade 1 or 2;

and (b) Not[Not retained in grade 3 because a good cause exemption was approved pursuant to section 10 of this act but who were previously retained in kindergarten or grade 1 or 2 for a total of 2 years.] receivedReceived educational programs or services identified pursuant to subsection 1 of NRS 392.750 at each grade level and whose proficiency in the subject area of reading:

(a)(1) Did not improve at a rate prescribed by the board of trustees of the school district, indicating a need for more intensive or different interventions;

(b)(2) Improved at a rate prescribed by the board of trustees of the school district, indicating the pupils are making progress toward performing at a level considered by the school district to be within the average range for pupils - *AB409_R1* – 14 – enrolled in the same grade level in which the pupils are enrolled;

and (c)(3) Is considered by the school district to be within the average range for pupils enrolled in the same grade level in which the pupils are enrolled.

Grants must be awarded by the Department based on the demonstrated needs of the school districts and charter schools and will be awarded to school districts and to charter schools that have been - *AB409* – 11 – approved by the State Public Charter School Authority.

Grants must be used for literacy programs for pupils enrolled in kindergarten[kindergarten and grades 11, [, 2 and 3] toelementary 5,school inclusive, established pursuant to NRS 388.157,388.157 as[section amended5 by section [5] 3 of this actact] , and to support other school-based efforts to ensure that all pupils are [proficient in the subject area of reading by the end of the third grade.] performing at a level considered by the school district or charter school to be within the average range for pupils enrolled in each grade level.

Such school-basedschool- based efforts may include, without limitation:

and (e) Providing other evidence-based literacy initiatives for pupils enrolled in kindergarten[kindergarten and grades 11, [, 2 and 3.] toelementary 5,school. inclusive.

- *AB409_R1* – 15 – (a) Set measurable performance objectives based on aggregated pupil achievement data;

- *AB409* – 12 – (c) A description of the programs or services for which the money was used by each school;

On or before November 15, [2016,] 2018, the Department shall submit the final report prepared pursuant to subsection 4 and any recommendations made by the State Board or the Legislative Committee on Education to the Governor and to - *AB409_R1* – 16 – the Director of the Legislative Counsel Bureau for transmittal to the [79th] 80th Session of the Nevada Legislature.

Section(Deleted 16by ofamendment.) chapterSec. 334, Statutes of Nevada 2015, at page 1868, is hereby amended to read as follows:

Sec.

16.

This act becomes effective upon passage and approval for the purpose of adopting any regulations and performing any other preparatory administrative tasks - *AB409* – 13 – necessary to carry out the provisions of this act and for all other purposes:

1.

This section [,] and sections 4 to 9, inclusive, and 15 of this act become effective on July 1, 2015.

2.

Sections 1, 2, [3 and 10 to 14, inclusive,] 12 and 13 of this act become effective on July 1, [2019.] 2017.

Sec.

Sections(Deleted 3,by 10,amendment.) 11Sec. and 14 of chapter 334, Statutes of Nevada 2015, at pages 1860, 1863, 1864 and 1866 are hereby repealed.

Sec.

This section and section 8 of this act become eff2.tiSectionseffective 1upon topassage 7, inclusive, and 9approval. to 13, inclusive, of this act become effective:

2.

Sections 1 to 5, inclusive, 6, 7, 11, 12 and 13 of this act become effective:

TEXT OF REPEALED SECTIONS Section 3 of chapter 334, Statutes of Nevada 2015:

Sec.

NRSSections 386.5835.5, is6.5 herebyand amended8.3 to read10, asinclusive, follows:of this act become effective on July 1, 2019.

386.583H 1.- *AB409_R1*

The governing body of a charter school shall adopt rules for the academic retention of pupils who are sections 8, 10 and 11 of this act.

The rules must [prescribe] :

(a) Prescribe the conditions under which a pupil may be retained in the same grade rather than promoted to the next higher grade for the immediately succeeding school year.

(b) Require a pupil enrolled in grade 3 to be retained in the same grade rather than promoted to grade 4 when required pursuant to section 10 of this act.

2.

On or before September 1 of each year, the governing body of each charter school shall:

(a) Prepare a report concerning the number and percentage of pupils at the charter school who were:

(1) Retained in grade 3 pursuant to section 10 of this act for a deficiency in the subject area of reading, including whether or not any such pupils were previously retained in kindergarten or grade 1 or 2;

and - *AB409* – 14 – (2) Not retained in grade 3 because a good cause exemption was approved pursuant to section 10 of this act but who were previously retained in kindergarten or grade 1 or 2 for a total of 2 years;

(b) Submit a copy of the report to the Department;

and (c) Post the report on the Internet website maintained by the charter school and otherwise make the report available to the parents and legal guardians of pupils enrolled in the charter school and the general public.

Section 10 of chapter 334, Statutes of Nevada 2015:

Sec.

10.

1.

Except as otherwise provided in this section, a pupil enrolled in grade 3 must be retained in grade 3 rather than promoted to grade 4 if the pupil does criterion-referenced examination administered pursuant to NRS 389.550 that meets the passing score prescribed by the State Board pursuant to subsection 7.

2.

The superintendent of schools of a school district or the governing body of a charter school, as applicable, may authorize the promotion of a pupil to grade 4 who would otherwise be retained in grade 3 only if the superintendent or governing body, as applicable, approves a good-cause exemption for the pupil upon a determination by the principal of the school pursuant to subsection 4 that the pupil is eligible for such an exemption.

3.

A good-cause exemption must be approved for a pupil who previously was retained in grade 3.

Any other pupi(a) Demonstrates an acceptable level of proficiency in reading on an alternative standardized reading assessment approved by the State Board;

(b) Demonstrates, through a portfolio of the pupil’s work, proficiency in reading at grade level, as evidenced by demonstration of mastery of the academic standards in reading beyond the retention level;

(c) Is limited English proficient and has received less than 2 years of instruction in a program of instruction that teaches English as a second language;

(d) Received intensive remediation in the subject area of reading for 2 or more years but still demonstrates a deficiency in reading and was previously retained in kindergarten or grade 1 or 2 for a total of 2 years;

individualized education program indicates that the pupil’s - *AB409* – 15 – participation in the criterion-referenced examinations administered pursuant to NRS 389.550 is not appropriate;

or (f) Is a pupil with a disability and:

(1) He or she participates in the criterion-referenced examinations administered pursuant to NRS 389.550;

(2) His or her individualized education program or plan developed in accordance with section 504 of the Rehabilitation Act of 1973, 29 U.S.C.

§ 794, documents that the pupil has received intensive remediation in reading for more than 2 years, but he or she still demonstrates a deficiency in reading;

and (3) He or she was previously retained in kindergarten or grade 1, 2 or 3.

be retained in grade 3 pursuant to subsection 1 is enrolled shall consider the factors set forth in subsection 3 and determine whether the pupil is eligible for a good-cause exemption.

In making the determination, the principal must consider documentation provided by the pupil’s teacher indicating whether the promotion of the pupil is appropriate based upon the record of the pupil.

Such documentation must only consist of the existing plan for monitoring the progress of the pupil, the pupil’s individualized education program, if applicable, and the pupil’s plan in accordance with section 504 of the Rehabilitation Act of 1973, 29 U.S.C.

§ 794, if applicable.

If the principal determines that promotion of the pupil to grade 4 is appropriate, the the superintendent of schools of the school district or to the governing body of the charter school, as applicable.

The superintendent of schools or the governing body of the charter school, as applicable, shall approve or deny the recommendation of the principal and provide written notice of the approval or denial to the principal.

5.

A principal who determines that a pupil is eligible for a good-cause exemption shall notify the parent or legal guardian of the pupil whether the superintendent of schools of the school district or the governing body of the charter school, as applicable, approves the good-cause exemption.

6.

The principal of a school in which a pupil for whom a good-cause exemption is approved and who is promoted to grade 4 must ensure that the pupil continues to receive instruction must include, without limitation, strategies based - *AB409* – 16 – upon scientifically based research that will improve proficiency in the subject area of reading.

7.

The State Board shall prescribe by regulation:

(a) The score which a pupil enrolled in grade 3 must obtain in the subject area of reading on the criterion- referenced examination administered pursuant to NRS 389.550 to be promoted to grade 4 without a good-cause exemption;

and (b) An alternate examination for administration to pupils enrolled in grade 3 who do not obtain the passing score in the subject area of reading on the criterion- referenced examination administered pursuant to NRS 389.550 and the passing score such a pupil must obtain on the alternate examination to be promoted to grade 4 without a go8.-cAsse eusedtionin this section, “individualized education program” has the meaning ascribed to it in U.S.C.

§ 1414(d)(1)(A).

Section 11 of chapter 334, Statutes of Nevada 2015:

Sec.

11.

1.

If a pupil will be retained in grade 3 pursuant to section 10 of this act, the principal of the school must:

(a) Provide written notice to the parent or legal guardian of the pupil that the pupil will be retained in grade 3.

The written notice must include, without limitation, a description of the intensive instructional services in the subject area of reading that the pupil will receive to improve the (b) Develop a plan to monitor the progress of the pupil in the subject area of reading.

(c) Require the teacher of the pupil to develop a portfolio of the pupil’s work in the subject area of reading, which must be updated as necessary to reflect progress made by the pupil.

(d) Ensure that the pupil receives intensive instructional services in the subject area of reading that are designed to improve the pupil’s proficiency in the subject area of reading, including, without limitation:

(1) Programs and services included in the plan to improve the literacy of pupils enrolled in kindergarten and grades 1, 2 and 3 approved by the Department pursuant to section 5 of this act;

- *AB409* – 17 – (2) Instruction for at least 90 minutes each school day based upon scientifically based reading instruction research;

and (3) Intensive instructional services prescribed by the board of trustees of the school district pursuant to subsection 2, as determined appropriate for the pupil.

2.

The board of trustees of each school district or the governing body of a charter school, as applicable, shall:

(a) Review and evaluate the plans for monitoring the progress of pupils developed pursuant to subsection 1.

(b) Prescribe the intensive instructional services in the subject area of reading which the principal of a school must implement as determined appropriate for a pupil who is retained in grade 3 pursuant to section 10 of this act, which may inc(1) Instruction that is provided in small groups;

(2) Instruction provided in classes with reduced pupil-teacher ratios;

(3) A timeline for frequently monitoring the progress of the pupil;

(4) Tutoring and mentoring;

(5) Classes which are designed to increase the ability of pupils to transition from grade 3 to grade 4;

(6) Instruction provided through an extended school day, school week or school year;

(7) Programs to improve a pupil’s proficiency in reading which are offered during the summer;

or (8) Any combination of the services set forth in subp3.agExcept as otherwise provided in subsection 4, the intensive instructional services in the subject area of reading required by this section must be provided to the pupil by a teacher:

(a) Who is different than the teacher who provided instructional services to the pupil during the immediately preceding school year;

and (b) Who has been determined to be highly effective, as demonstrated by pupil performance data and performance evaluations.

4.

The intensive instructional services in the subject area of reading required by this section may be provided to the pupil by the same teacher who provided instructional services to the pupil during the immediately preceding school year if a different teacher who meets the - *AB409* – 18 – requirements of paragraph (b) of subsection 3 is not reasonably available and the pupil:

(a) Has an individualized education program;

or (b) Is enrolled in a school district in a county whose population is less than 100,000.

5.

The board of trustees of each school district and the governing body of a charter school, as applicable, shall develop a policy by which the principal of a school may promote a pupil who is retained in grade 3 pursuant to section 10 of this act to grade 4 at any time during the school year if the pupil demonstrates adequate proficiency in the subject area of reading.

The policy must include the specific criteria a pupil must satisfy to be eligible for promotion, including, without limitation, a reasonable sufficiently master the requirements for a fourth-grade her to reading level.

If a pupil is promoted after November 1 of a school year, he or she must demonstrate proficiency in reading at a level prescribed by the State Board.

6.

If a principal of a school determines that a pupil is not academically ready for promotion to grade 4 after being retained in grade 3 and the pupil received intensive instructional services pursuant to this section, the school district in which the pupil is enrolled must allow the parent or legal guardian of the pupil to decide, in consultation with the principal of the school, whether to place the pupil in a transitional instructional setting which is designed to produce learning gains sufficient for the pupil to meet the continuing to receive remediation in the subject area of reading.

7.

As used in this section, “individualized education program” has the meaning ascribed to it in U.S.C.

§ 1414(d)(1)(A).

Section 14 of chapter 334, Statutes of Nevada 2015:

Sec.

14.

NRS 392.125 is hereby amended to read as follows:

392.125 1.

Except as otherwise provided in subsection 4, before any pupil enrolled in a public school may be retained in the same grade rather than promoted to the next higher grade for the succeeding school year, the pupil’s teacher and principal must make a reasonable effort to guardian to discuss the reasons and circumstances.ents or - *AB409* – 19 – 2.

[The] Except as otherwise provided in section 10 of the final authority to retain a pupil in the same grade for the succeeding school year.

3.

Except as otherwise provided in subsection 2 of NRS 392.033 for the promotion of a pupil to high school, no pupil may be retained more than one time in the same grade.

this section does not apply to the academic retention of pupils who are enrolled in a charter school.

H - *AB409*