AB 289 — Revises provisions relating to the subject area of reading. (BDR 34-93)

(a) Demonstrate the ability to improve the literacy of pupils;

(a) A licensed teacher designated as a [learning strategist] literacylit(b) specialistA licensed teacher who is employed by a school district or charter school [to teach kindergarten or grade 1, 2, 3 or 4] to teach at an elementary school [whose overall performance is determined to be highly effective under the statewide performance evaluation system established by the State Board pursuant to thisNRS section;391.465.] and provides instruction in reading.

or (b) A licensed teacher who is employed by a school district or charter school [to teach kindergarten or grade 1, 2, 3 or 4] to teach at an elementary 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.] and provides instruction in reading.

- *AB289_R3* – 5 – 4.

(a) Any training or professional development that a [learning required to successfully complete;nated as a literacy specialist is (b) Any professional development that a teacher employed by a school district or charter school to teach [kindergarten or grade 1, 2, or 4] at an elementary school is required to receive [from] as developed by a [learning strategist] licensed teacher designated as a literacy specialist isin requiredthe tosubject successfullyarea complete;of reading;

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

(Deleted by amendment.) Sec.- 80th Session (2019) – 5 – 388A.487 NRS1.

4.The governing body of a charter school that:

NRSoperates 388A.487as isan herebyelementary amendedschool shall adopt rules for [the academic retention of] the provision of intervention services and intensive instruction to readpupils aswho follows:are enrolled in the charter school that are consistent with NRS 392.750, 392.760 and 392.765.

388A.487 1.

The governing body of a charter school that operates as an elementary school shall adopt rules for [the academic retention of] the provision of intervention services and intensive instruction to pupils who are enrolled in the charter school that are consistent with NRS 392.750, 392.760 and 392.765.

(b) Require the school to provide to a pupil [enrolled in grade 3 to be retained in the same grade rather than promoted to grade 4 when required] who has been identified as deficient in the subject area of reading with intervention services and intensive instruction [pursuant to NRS 392.760.] in accordance with the plan established pursuant to NRS 388.157.

accordance with the 2.

and (2) [Not retained in grade 3 because a good cause exemption was approved pursuant to NRS 392.760 but who were previously - *AB289_R3* – 6 – retained in kindergarten or grade 1 or 2 for a total of 2 years;] Received educational programs or services identified pursuant toto] subsection 1 of NRS 392.750 at each grade level and whose proficiency in the subject area of reading:

(II) Improved at a rate prescribed by the governing body of a charter school, indicating growth toward performing at a level determined by a statewide assessment to be within the level - 80th Session (2019) – 6 – established by the State Board for pupils enrolled in the same grade in which the pupils are enrolled;

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.

Explain that if the pupil does not achieve adequate proficiency in the subject area of reading before the completion of grade 3, the school will provide 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;] with intervention services and intensive instruction each year that the pupil is enrolled in the elementary school, unless it is determined that such services and instruction are no longer necessary;

- *AB289_R3* – 7 – 4.

- 80th Session (2019) – 7 – 5.

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] provision of intervention services and intensive instruction to 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;]392.760;]ool year enrolled in an elementary school;

A public elementary school that has notified the parent or legal guardian of a pupil that, based upon the results of state or local assessments, it has been determined that the pupil has a deficiency in the subject area of reading pursuant to NRS 392.750 shall, within 30 days after providing such notice, establish a plan to monitor the [progress] growth of the pupil in the subject area ofofan to reading.

The plan must include a description of any intervention services and intensive instruction that will be provided to the pupil to correct the area of deficiency and must - *AB289_R3* – 8 – include that the pupil will receive intensive instruction in reading [to ensure] until the pupil achieves adequate proficiency in the requisite reading [.] skills and reading comprehension skills necessary to perform at a level determined by a statewide assessment to be within a level established by the State Board of Education for a pupil enrolled in the same grade in which the - 80th Session (2019) – 8 – 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 and grades 1, 2 and 3] elementary school approved by the Department pursuant to NRS3.88.A school that establishes a plan to monitor the [progress] growth of a pupil in the subject area of reading shall regularly assess the [proficiency] growth of the pupil in [the subject] any area of deficiency in the subject area of reading [at the beginning of the next school year after the plan is established pursuant to this section.] to ensure that the programs and services provided to the pupil pursuant to subsection 1 of NRS 388.157.392.750 continue to increase the proficiency of the pupil in the subject area of reading until the pupil performs at a level determined by a statewide assessment to be within a level established by the State Board for a pupil enrolled in the same grade in which the pupil is enrolled.

3.

A school that establishes a plan to monitor the [progress] growth of a pupil in the subject area of reading shall regularly assess the [proficiency] growth of the pupil in [the subject] any area of deficiency in the subject area of reading [at the beginning of the next school year after the plan is established pursuant to this section.] to ensure that the programs and services provided to the pupil pursuant to subsection 1 of NRS 392.750 continue to increase the proficiency of the pupil in the subject area of reading until the pupil performs at a level determined by a statewide assessment to be within a level established by the State Board for a pupil enrolled in the same grade in which the pupil is enrolled.

[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.

- *AB289_R3* – 9 – (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)- Is80th anSession English(2019) learner– and9 has– received less than 2 years of instruction in a program of instruction that teaches English as aaf second language;

§ 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;

andand2 years, but he or she (3) He or she was previously retained in kindergarten or grade 1, 2 or 3.

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 school, as applicable.

- *AB289_R3* – 10 – 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- the80th governingSession body(2019) of– 10 – the good-cause exemption.the charter school, as applicable, approves the6.] The principal of a school [in which a pupil for whom a good-cause exemption.exemption is approved and who is promoted to grade 4 must] , in consultation with the literacy specialist designated pursuant to NRS 388.159 and any teacher or other person with knowledge and expertise related to providing intervention services and intensive instruction to the pupil:

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] , in consultation with the literacy specialist designated pursuant to NRS 388.159 and any teacher or other person with knowledge and expertise related to providing intervention services and intensive instruction to the pupil:

(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 390.105 to be promoted to grade 4 without a good-cause exemption;

andand5 to be promoted to grade 4 (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 390.105 and the passing score such a pupil must obtain on the alternate examination to be promoted to grade 4 without a good-cause exemption.

(a) Provide written notice to the parent or legal guardian of the pupil confirming that the pupil will be [retained in grade 3.]3.]of the provided intervention services and intensive instruction while the pupil is enrolled in an elementary school.

- *AB289_R3* – 11 – (b) Develop a plan to monitor the [progress] growth of the pupil in the subject area of reading.

- 80th Session (2019) – 11 – (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] growth made by the pupil.

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

(2) Instruction provided in classes with reduced pupil-teacher ratios;ratios;(3) A timeline for frequently monitoring the progress of the pupil;

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

- *AB289_R3*80th Session (2019) – 12 – (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.

by pupil performance data and performance 4.

6.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.

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.

392.770 In addition to the intervention services and intensive [instructional services] instruction provided to a pupil who demonstrates a deficiency in the subject area of reading identified - 80th Session (2019) – 13 – pursuant to subsection 1 of NRS 392.750 or a pupil who [is retained in grade 3] will be provided intervention services and - *AB289_R3* – 13 – intensive instruction while the pupil is enrolled in an elementary school pursuant to NRS 392.760, the principal of the school must offer the parent or legal guardian of the pupil , to the extent practicable, in a language that the parent or legal guardian can understand, at least one of the following instructional options:

[were:] (a) [Retained] Were designated in grade 3 to be provided intervention services and intensive instruction while enrolled in an elementary school 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;] provided interventionint(b) [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.] Received educational programs or services identified pursuant to subsection 1 of NRS 392.750 at each grade level and intensivewhose instruction;proficiency in the subject area of reading:

and (b) [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.] Received 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:

- 80th Session (2019) – 14 – 2.

Post the report on the Internet website maintained by the school district and otherwise make the report available to the parents -general *AB289_R3*public.ians – 14 – and legal guardians of pupils enrolled in the school district and the generalSec. public.

Sec.

Grants must be used for literacy programs for pupils enrolled in [kindergarten and grades 1, 2 and 3] elementary school established pursuant to [section 5 of this act] NRS 388.157 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 gradegradeto be level.

and [(e)]- (f)80th ProvidingSession other(2019) evidence-based– literacy15 – initiatives for pupils enrolled in [kindergarten and grades 1, 2 and 3.] elementary school.

- *AB289_R3* – 15 – (a) Set measurable performance objectives based on aggregated pupil achievement data;

3.money is available for that purpose, hire an independentthat consultant to evaluate the programs or services paid for by a grant of money received by a school district or charter school pursuant to subsection 1.

The Department of Education shall, to the extent that money is available for that purpose, hire an independent consultant to evaluate the programs or services paid for by a grant of money received by a school district or charter school pursuant to subsection 1.

(e) The average expenditure per pupil for each program or service;serv(f) An evaluation of the effectiveness of the program or service, including, without limitation, data regarding the academic and linguistic achievement and proficiency of pupils who participated in such a program or received such services;

(f)and An(g) evaluationAny ofrecommendations thefor effectivenesslegislation, ofincluding, thewithout programlimitation, legislation to continue or service,expand including,programs withoutor limitation,services datathat regardingare identified as effective in improving the academic- and80th linguisticSession achievement(2019) and– 16 – reading proficiency of pupils who participated in suchkindergarten athrough programgrade or[3.] received5. such services;

and (g) Any recommendations for legislation, including, without limitation, legislation to continue or expand programs or services that are identified as effective in improving the reading proficiency of pupils in kindergarten through grade [3.] 5.

On or before November 15, [2016,] 2020, the Department shall submit the final report prepared pursuant to subsection 4 and any recommendations made by the State Board or the - *AB289_R3* – 16 – Legislative Committee on Education to the Governor and to the Director of the Legislative Counsel Bureau for transmittal to 6.e Any money awarded to a school district or charter school from the [79th]money 81stappropriated Sessionto ofthe Other State Education Programs Account in the NevadaState Legislature.General Fund pursuant to subsection 1:

6.

Any money awarded to a school district or charter school from the money appropriated to the Other State Education Programs Account in the State General Fund pursuant to subsection 1:

(b) May not be used to settle or arbitrate disputes between a recognized organization representing employees of a schoolenschool district and the school district, or to settle any negotiations.

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