SB 83 — Revises provisions relating to certain ratings and assessments. (BDR 34-527)

The annual report of accountability prepared pursuant to NRS 385A.070 must include, for each school in the district and the district as a whole, including, without limitation, each charter school sponsored by the district, information regarding - *SB83_R1* – 5 – the progression of pupils who are English learners in attaining proficiency in the English language, including, without limitation:

- 81st Session (2021) – 5 – (a) The number and percentage of pupils who were identified as English learners at the beginning of the school year, were continually enrolled throughout the school year and were identified as proficient in English by the completion of the school year;

(b) The achievement and proficiency of pupils who are English learners in comparison to the pupils who are proficient in English;

(b) For pupils who are newcomers to the English language, pupils who are short-term English learners and pupils who are long- term English learners, as designated by regulation of the StateStateong- Board;

- *SB83_R1*81st Session (2021) – 6 – (1) In odd-numbered years, the Legislative Committee on Education;

and (b) Post the report on an Internet website maintained by the school district or charter school, as applicable.applicable.ntained by the Sec.

Sec.

The percentage of all pupils who were not tested, reported for each school district, including, without limitation, each charter schoolsch5.l iExcept as otherwise provided in subsection 2 of NRS 385A.400, the district,percentage of pupils who were not tested, reported separately by gender and reported separately for thisthe Stategroups asidentified ain whole.the statewide system of accountability for public schools.

5.

Except as otherwise provided in subsection 2 of NRS 385A.400, the percentage of pupils who were not tested, reported separately by gender and reported separately for the groups identified in the statewide system of accountability for public schools.

The[The] Except as otherwise provided in subsection 3 of NRS 385A.720, the rating of each public school, including, without - 81st Session (2021) – 7 – limitation, each charter school, pursuant to the statewide system of accountability for public schools.

- *SB83_R1* – 7 – 8.

Information on whether each public school, including, without limitation, each charter school, has made progress based upon the model adopted by the Department pursuant to NRS 390.125, if applicable for the grade level of pupils enrolled at the school.

5.reported separately by race and ethnicity, who are eligible for free or reduced-price breakfasts, pupils who receive free and reduced-price breakfasts, pupils who are eligible for free or reduced-price lunches, pupils who receive free and reduced-price lunches and pupils who are not eligible for free or reduced-price breakfasts or lunches;

A comparison of the achievement and proficiency of pupils, reported separately by race and ethnicity, who are eligible for free or reduced-price breakfasts, pupils who receive free and reduced-price breakfasts, pupils who are eligible for free or reduced-price lunches, pupils who receive free and reduced-price lunches and pupils who are not eligible for free or reduced-price breakfasts or lunches;

and - 81st Session (2021) – 8 – (e) [Scores] Except as otherwise provided in subsection 6 of NRS 390.105, scores on the examinations administered pursuant to NRS 390.105 and the college and career readiness assessment administered pursuant to NRS 390.610.

-385A.490 *SB83_R1*NRS1.85The –annual 8report –of Sec.accountability prepared by the State Board pursuant to NRS 385A.400 must include for each school district, including, without limitation, each charter school in the district, and for this State as a whole, information regarding the progression of pupils who are English learners in attaining proficiency in the English language, including, without limitation:

6.

NRS 385A.490 is hereby amended to read as follows:

385A.490 1.

The annual report of accountability prepared by the State Board pursuant to NRS 385A.400 must include for each school district, including, without limitation, each charter school in the district, and for this State as a whole, information regarding the progression of pupils who are English learners in attaining proficiency in the English language, including, without limitation:

and (d) Results of the assessments and reassessments of pupils who are English learners, reported separately by the primary language of the pupils, pursuant to the policies developed by the boards of trustees of school districts pursuant to NRS 388.407.

and (c) For middle schools, junior high schools and high schools, according to any identified trends in the proficiency in the English - 81st Session (2021) – 9 – language of pupils who are English learners over the immediately preceding 3 years.

6.3.

NRS 385A.600 is hereby amended to read as follows:

obtain the approval necessary from the United States Department of Education to ensure that the statewide system of accountability for public schools complies with all requirements for the receipt of federal money under the Elementary and Secondary Education Act of 1965, 20 U.S.C.

§§ 6301 et seq., as amended.

2.

The statewide system of accountability applies to all public schools, regardless of Title I status, and must [:] , except as otherwise provided in subsection 3 of NRS 385A.720:

(a) Include a method to, on an annual basis, rate each public school based upon the performance of the school and based upon whether each public school meets the school achievement targets and performance targets established pursuant to the statewide system of accountability;

(b) Include a method to implement consequences, rewards and supports for public schools based upon the ratings;

(c) Include a method to provide grants and other financial support, to the extent that money is available from legislative appropriation, to public schools receiving one of the two lowest ratings of performance pursuant to the statewide system of accountability for public schools;

and (d) Establish school achievement targets and performance targets for public schools and performance targets for specific economically disadvantaged, pupils from major racial and ethnic groups, pupils with disabilities and pupils who are English learners.

The school achievement targets and performance targets must:

(1) Be based primarily upon the measurement of the progress and proficiency of pupils on the examinations administered pursuant to NRS 390.105;

and (2) For high schools, include the rate of graduation and the rate of attendance.

3.

[The] Except as otherwise provided in subsection 3 of NRS 385A.720, the statewide system of accountability for public schools may include a method to:

(a) On an annual basis, rate school districts based upon the performance of the public schools within the school district and whether those public schools meet the school achievement targets - 81st Session (2021) – 10 – and performance targets established pursuant to the statewide system of accountability;

and (b) Implement consequences, rewards and supports for school districts based upon the ratings.

follows:6.7.

NRS 385A.720 is hereby amended to read as 385A.720 1.

Except as otherwise provided in subsection 3:

(a) Based upon the information received from the Department pursuant to NRS 385A.670, the board of trustees of each school district shall, on or before August 15 of each year, issue a preliminary rating for each public school in the school district in accordance with the statewide system of accountability for public schools, excluding charter schools sponsored by the State Public Charter School Authority or a college or university within the Nevada System of Higher Education.

(b) The board of trustees shall make preliminary ratings for all charter schools that are sponsored by the board of trustees.

(c) The Department shall make preliminary ratings for all charter schools sponsored by the State Public Charter School Authority and all charter schools sponsored by a college or university within the Nevada System of Higher Education.

2.

Except as otherwise provided in subsection 3:

(a) Before making a final rating for a 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 preliminary rating is based and to present evidence.

(b) If the school is a public school of the school district or a trustees of the school district shall, in consultation with the Department, make a final determination concerning the rating for the school on September 15.

(c) If the school is a charter school sponsored by the State Public Charter School Authority or a college or university within the Nevada System of Higher Education, the Department shall make a final determination concerning the rating for the school on September 15.

3.

The Department may temporarily waive or otherwise pause the requirement to make ratings for public schools that comply with 20 U.S.C.

§ 6311(c) pursuant to this section if the United States Department of Education grants a waiver from or otherwise pauses the requirements of 20 U.S.C.

§ 6311(c).

- 81st Session (2021) – 11 – 4.

On or before September 15 of each year, the Department shall post on the Internet website maintained by the Department the determinations and final ratings made for all schools in this State.

Sec.

6.9.

NRS 387.131 is hereby amended to read as follows:

shall, using the final count of pupils from the previous school year, determine the number of pupils in each public school who:

(a) Are English learners or are eligible for a free or reduced- price lunch pursuant to 42 U.S.C.

§§ 1751 et seq.;

(b) Scored at or below the 25th percentile on an assessment of proficiency described in paragraphs (a) to (e), inclusive, of subsection 1 of NRS 387.137 or, for a grade level for which such an assessment does not exist or does not provide sufficient information to identify all such pupils, are projected to be at or below the 25th percentile for proficiency by the Department pursuant to subsection of NRS 387.137;

(c) Are not enrolled at a Zoom school or Victory school;

and (d) Do not have an individualized education program.

2.

On or before July 1 of each year, the Department shall determine, beginning with the category of all public schools that received the lowest rating possible indicating underperformance of a public school, as determined by the Department pursuant to the statewide system of accountability for public schools [,] for the most recent school year for which the public school received an annual rating, and proceeding through each category of all public schools that received the immediately higher rating until not all public schools within a category could be funded, each category of allocation of $1,200 from the Account for the New Nevadaper pupil Education Funding Plan created by NRS 387.129 for the upcoming school year for each pupil identified in subsection 1 who is enrolled at each public school in the category.

3.

If the Department determines that one or more categories of public schools could not be fully funded pursuant to subsection 2, the Department shall rank each public school within the lowest category of public schools that could not be fully funded pursuant to subsection 2 by the highest number of pupils identified in subsection who are enrolled at each such public school.

4.

On or before July 15 of each year, the Department shall transfer money from the Account for the New Nevada Education Funding Plan to the board of trustees of each school district and each sponsor of a charter school on a per pupil basis as follows:

- 81st Session (2021) – 12 – (a) First, for each public school within a category identified in subsection 2 as capable of being fully funded which is located in the school district or sponsored by the sponsor, as applicable, an amount of $1,200 per pupil identified in subsection 1 who is enrolled at the pub(b) Second, beginning with the highest ranked public school pursuant to subsection 3 and until the money in the Account for the New Nevada Education Funding Plan is exhausted, an amount of $1,200 per pupil identified in subsection 1 who is enrolled at the public school.

 The board of trustees of a school district or the sponsor of a charter school that receives money pursuant to this subsection shall distribute the money to each identified public school on a per pupil basis for each pupil identified in subsection 1 who is enrolled at the public school.

Sec.

- *SB83_R1* – 9 – (a) An English learner in any grade, the assessment of proficiency in the English language prescribed by the State Board pursuant to NRS 390.810.

(d) In grade 9 or 10, the assessment implemented by the Department for those grades.

assessment implemented by the (e) In grade 11 or 12, the college and career readiness assessment administered pursuant to NRS 390.610.

- 81st Session (2021) – 13 – Sec.

7.2.

NRS 388A.300 is hereby amended to read as follows:

388A.300 1.

[The] Except as otherwise provided in subsection 3 of NRS 385A.720, the sponsor of a charter school shall charter school under a new charter contract if the charter schoolhe receives, in any period of 5 consecutive school years, three annual ratings established as the lowest rating possible indicating underperformance of a public school, as determined by the Department pursuant to the statewide system of accountability for public schools.

2.

A charter school’s annual rating pursuant to the statewide system of accountability based upon the performance of the charter school must not be included in the count of annual ratings for the purposes of subsection 1 for any school year before the 2015-2016 school year.

3.

If a charter contract is terminated or a charter school is restarted pursuant to subsection 1, the sponsor of the charter school shall submit a written report to the Department and the governing body of the charter school setting forth the reasons for the termination or restart of the charter school not later than 10 days after terminating the charter contract or restarting the charter school.

4.

The provisions of NRS 388A.330 do not apply to the termination of a charter contract or restart of the charter school pursuant to this section.

5.

The Department shall adopt regulations governing procedures to restart a charter school under a new charter contract limitation, requiring a charter school that is restarted to enroll a pupil who was enrolled in the charter school before the school was restarted before any other eligible pupil is enrolled.

7.4.

NRS 388A.456 is hereby amended to read as follows:

388A.456 1.

Before a charter school enrolls pupils who are eligible for enrollment pursuant to NRS 388A.453, a charter school may enroll a child who:

(a) Is a sibling of a pupil who is currently enrolled in the charter school.

(b) Was enrolled, free of charge and on the basis of a lottery system, in a prekindergarten program at the charter school or any other early childhood educational program affiliated with the charter school.

(c) Is a child of a person:

- 81st Session (2021) – 14 – (1) Who is employed by the charter school;

(2) Who is a member of the committee to form the charter school;

(3) Who is a member of the governing body of the charter school;(4) Who resides on or is employed on the federal military installation, if the charter school is located on a federal military installation;

(d) Is enrolled at a charter school with which the charter school has an articulation agreement, approved by the sponsor, providing for priority enrollment.

(e) Is in a particular category of at-risk pupils and the child meets the eligibility for enrollment prescribed by the charter school for that particular category.

(f) At the time his or her application is submitted, is enrolled in a public school of a school district with an enrollment that is more than 25 percent over the public school’s intended capacity, as reported on the list maintained by the school district pursuant to subsection 4.

If a charter school enrolls pupils who are enrolled in such a public school before enrolling other pupils who are eligible for enrollment, the charter school must enroll such pupils who reside within 2 miles of the charter school before enrolling other such pupils.

(g) At the time his or her application is submitted, is enrolled in a public school that received an annual rating established as one of the two lowest ratings possible indicating underperformance of a public school, as determined by the Department pursuant to the [immediately preceding] most recent school year [.] for which the public school received an annual rating.

If a charter school enrolls pupils who are enrolled in such a public school before enrolling other pupils who are eligible for enrollment, the charter school must enroll such pupils who reside within 2 miles of the charter school before enrolling other such pupils.

(h) Resides within the school district and within 2 miles of the charter school if the charter school is located in an area that the sponsor of the charter school determines includes a high percentage of children who are at risk.

If space is available after the charter school enrolls pupils pursuant to this paragraph, the charter school may enroll children who reside outside the school district but within miles of the charter school if the charter school is located within an area that the sponsor determines includes a high percentage of children who are at risk.

- 81st Session (2021) – 15 – 2.

If more pupils described in this section who are eligible apply for enrollment than the number of spaces available, the charter school shall determine which applicants to enroll pursuant to this section on the basis of a lottery system.

sooner than 45 days after the date on which a charter school begins accepting applications for enrollment unless the sponsor of the charter school determines there is good cause to hold it sooner.

4.

Each school district shall create and maintain a list which specifies for each public school of the school district, the maximum enrollment capacity for each school, the actual number of pupils enrolled at each school and the percentage by which enrollment at each school exceeds the intended enrollment capacity, if applicable.

Each school district shall post the list on the Internet website maintained by the school district as soon as practicable after the count of pupils is completed pursuant to NRS 387.1223 but not later than November 1 of each year.

Sec.

7.6.

NRS 388A.518 is hereby amended to read as follows:

388A.518 1.

Except as otherwise provided in this subsection, at least 70 percent of the teachers who provide instruction at a charter school must demonstrate experience and qualifications through licensure or subject matter expertise.

If a charter school operates a vocational school, the charter school shall, to the extent practicable, ensure that at least 70 percent of the teachers who provide instruction at the school demonstrate experience and qualifications through licensure or subject matter expertise, but in instruction at the school demonstrate experience and qualifications through licensure or subject matter expertise.

2.

If a charter school specializes in:

(a) Arts and humanities, physical education or health education, a teacher must demonstrate experience and qualifications through licensure or subject matter expertise to teach those courses of study.

(b) The construction industry or other building industry, teachers who are employed full-time to teach courses of study relating to business and industry must:

(1) Demonstrate experience and qualifications through subject matter expertise;

or (2) Hold a license issued by the Superintendent of Public Instruction which contains an endorsement to teach such courses.

3.

A teacher who is employed by a charter school, regardless of the date of hire, must demonstrate experience and qualifications - 81st Session (2021) – 16 – through licensure or subject matter expertise if the teacher teaches one or more of the following subjects:

(a) English language arts;

(b) Mathematics;

(d) A foreign or world language;

(e) Civics or government;

(f) Economics;

(g) Geography;

(h) History;

or (i) The arts.

4.

Except as otherwise provided in NRS 388A.515, a charter school may employ a person who does not demonstrate experience and qualifications through licensure or subject matter expertise to teach a course of study for which a teacher is not required to demonstrate such experience and qualifications if the person has:

(a) A degree, a license or a certificate in the field for which the person is employed to teach at the charter school;

and (b) At least 2 years of experience in that field.

5.

A teacher who is employed by a charter school to teach special education or English as a second language must be licensed to teach special education or English as a second language, as applicable.

6.

For purposes of this section, a teacher demonstrates experience and qualifications through licensure or subject matter expertise:

(a) If the teacher is employed by a charter school that has not consecutive school years [,] for which the charter school received an annual rating, one of the three highest ratings of performance pursuant to the statewide system of accountability for public schools, or equivalent ratings in another state, as determined by the Department, and the:

(1) Overall performance of the teacher has been reported as effective or highly effective, in accordance with the regulations adopted by the State Public Charter School Authority;

and (2) Teacher is licensed to teach pursuant to chapter 391 of NRS.

(b) If the teacher is employed by a charter school that has received, within the [immediately preceding] most recent 2 consecutive school years [,] for which the charter school received an annual rating, one of the three highest ratings of performance pursuant to the statewide system of accountability for public - 81st Session (2021) – 17 – schools, or equivalent ratings in another state, as determined by the Department, and the:

(1) Overall performance of the teacher has been reported as effective or highly effective, in accordance with the regulations whether the teacher is licensed to teach pursuant to chapter 391 of NRS;

or (2) The teacher holds a bachelor’s degree or a graduate degree from an accredited college or university and has demonstrated expertise in the subject area for which the teacher provides instruction on an assessment approved by the Department, in consultation with sponsors of charter schools described in this paragraph, regardless of whether the teacher is licensed to teach pursuant to chapter 391 of NRS.

7.

If a charter school that has received within the [immediately preceding] most recent 2 consecutive school years [,] for which the charter school received an annual rating, one of the three highest ratings of performance pursuant to the statewide system of accountability for public schools, or equivalent ratings in another state, as determined by the Department, intends to employ persons to teach who are not licensed, the charter school shall within 3 years:

(a) Obtain approval for and offer an alternative route to licensure pursuant to NRS 391.019;

or (b) Enter into an agreement with a qualified provider of an alternative route to licensure to provide the required education and training to unlicensed teachers who are employed by the school to teaSec.

7.8.

coNRS 388A.650 is hereby amended to read as follows:

388A.650 Except as otherwise provided in NRS 388A.685, the Director of the Department of Business and Industry shall not finance a project unless, before financing the project, the Director of the Department of Business and Industry finds and the State Board of Finance approves the findings of the Director of the Department of Business and Industry that:

1.

The project consists of any land, building or other improvement, and all real and personal properties necessary in connection therewith, which is suitable for new construction, improvement, restoration or rehabilitation of charter school facilities;

- 81st Session (2021) – 18 – 2.

The charter school for whose benefit the project is being financed is not in default under the charter contract granted by its sponsor, as determined by the sponsor;

3.

The charter school for whose benefit the project is being recent 2 consecutive school years [,] for which the charter school received an annual rating, one of the three highest ratings of performance pursuant to the statewide system of accountability for public schools, or has received equivalent ratings in another state, as determined by the Department of Education;

4.

There are sufficient safeguards to ensure that all money provided by the Director of the Department of Business and Industry will be expended solely for the purposes of the project;

5.

There are sufficient safeguards to ensure that the Director of the Department of Business and Industry will have the ability to monitor compliance with the provisions of NRS 388A.550 to 388A.695, inclusive, on an ongoing basis with respect to the project;

6.

Through the advice of counsel or other reliable source, the project has received all approvals by the local, state and federal governments which may be necessary to proceed with construction, improvement, rehabilitation or redevelopment of the project;

and 7.

There has been a request by a charter school, lessee, purchaser or other obligor to have the Director of the Department of Business and Industry issue bonds to finance the project.

Sec.

[The] Except as otherwise provided in subsection 6, the State Board shall, in consultation with the Council to Establish Academic Standards for Public Schools, prescribe examinations that comply with 20 U.S.C.

(c) For grades 9, 10, 11 and 12, in the standards of content established by the Council for the subjects required to comply with 20 U.S.C.

In addition to the examinations prescribed pursuant to subsection 1, the State Board shall, in consultation with the Council - 81st Session (2021) – 19 – to Establish Academic Standards for Public Schools, prescribe a writing examination for grades 5 and 8.

- *SB83_R1* – 10 – (a) The examinations prescribed pursuant to subsections 1 and 2 to pupils in any language in which those examinations are published;

andandny language in which those examinations are (b) Authorized supports to pupils who are English learners for the examinations prescribed pursuant to subsections 1 and 2.

The Department shall monitor the compliance of school districts and individual schools with:

the compliance of school districts and (1) The plan adopted by the Department;

The Department shall adopt a model to measure the achievement of pupils enrolled in grades 3 to 8, inclusive, except as otherwise provided in subsection 6 of NRS 390.105, based upon - 81st Session (2021) – 20 – the results of the examinations administered pursuant to NRS 390.105.

The model must be designed so that the progress of pupils enrolled in a public school may be tracked from year to year to determine whether the school has made progress in the achievement of pupils.2.pilThe board of trustees of each school district and the governing body of each charter school shall apply the model in the format required by the Department.

- *SB83_R1* – 11 – 2.

The board of trustees of each school district and the governing body of each charter school shall apply the model in the format required by the Department.

and (c) Based upon the criteria set forth in subsection 2, the irregularities described in paragraphs (a) and (b) warrant an additional administration of 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 for an additional administration of the examinations to pupils who are enrolled in a grade that is required to take the examinations pursuant to NRS 390.105 or to the pupils the Department determines mustmustpursuant take the additional administration pursuant to subsection 3.

- 81st Session (2021) – 21 – (a) The effect of each irregularity in testing administration, including, without limitation, whether the irregularity required the scores of pupils to be invalidated;

If the Department determines pursuant to subsection 2 that a school must provide for an additional administration of examinations, the Department may consider whether the most recent irregularity in testing administration affected the test scores of a -limited *SB83_R1*number – 12 – additional administration of examinationspupils pursuantand torequire thisthe sectionschool only to thoseprovide pupilsan whoseadditional testadministration scoresof wereexaminations affectedpursuant byto thethis mostsection recent irregularity.

whose test scores were affected by the most 4.

H~~~~~ 21 - *SB83_R1*81st Session (2021)