Struck = removed from the bill ·
added = the amendment's new text.
AssemblySession Bill(81st) A AB195 198 Amendment No.
195–Assemblymen198 Torres,Assembly Nguyen,Amendment Flores,to Watts;Assembly Bill No.
Brown-May,195 Duran,(BDR González,34-174) Martinez,Proposed C.H.by:
MillerAssembly andCommittee Peterson JointEducation Sponsors:Amends:
SenatorsSummary: Denis and Donate CHAPTER..........
No Title:
Yes Preamble:
No Joint Sponsorship:
No Digest:
Yes Adoption of this amendment will MAINTAIN the unfunded mandate not requested by the affected local government to A.B.
195 (§§ 2-4, 6).
ASSEMBLY ACTION Initial and Dat| SENATE ACTION Initial and Date Adopted Lost | Adopted Lost Concurred In Not | Concurred In Not Receded Not | Receded Not EXPLANATION:
Matter in (1) blue bold italics is new language in the original bill;
(2) variations of green bold underlining is language proposed to be added in this amendment;
(3) red strikethrough is deleted language in the original bill;
(4) purple double strikethrough is language proposed to be deleted in this amendment;
(5) orange double underlining is deleted language in the original bill proposed to be retained in this amendment.
AMM/AAK - Date:
4/19/2021 A.B.
No.
195—Revises provisions relating to pupils who are English learners.
(BDR 34-174) Page 1 of 8 *A_AB195_198* Assembly Amendment No.
198 to Assembly Bill No.
195 Page 3 A SSEMBLY B ILL NO.
195–A SSEMBLYMEN TORRES , NGUYEN , FLORES , W ATTS;
B ROWN -MAY , URAN , GONZÁLEZ, MARTINEZ , C.H.
ILLER ANDPETERS M ARCH 4, 2021 _______________ JOINTS PONSORS:
ENATORS DENIS ANDD ONATE _______________ Referred to Committee on Education SUMMARY—Revises provisions relating to pupils who are English learners.
(BDR 34-174) FISCAL NOTE:
Effect on Local Government:
May have Fiscal Impact.
Effect on the State:
Yes.
CONTAINS UNFUNDED MANDATE (§§ 2-4, 6) (NOT REQUESTED BYA FFECTEDLOCAL GOVERNMENT ) ~ EXPLANATION – Matter in bolded italics is new;
matter between brackets [omitted material] is material to be omitted.
requiring the board of trustees of each school district [and the Department of Education] to [submit] post certain [reports;] information on its Internet website authorizing the Department of Education to adopt certain regulations;
requiring a pupil who is an English learner to remain in a program for English learners until the pupil [passes an appropriate assessment;] obtains language proficiency, with certain exceptions;
Existing law requires the board of trustees of each school district to develop a policy to teach English to pupils who are English learners.
Under existing law, theathe policy must, without limitation, be designed to eliminate any gaps in achievement between pupils who are English learners and pupils who are proficient in English.
Section 6 also requires the policy to provide that a pupil who is an English learner shall be placed in a program for English learners Englishuntil learnersthe unlesspupil the[receives parenta orpassing guardianscore] ofobtains thelanguage pupilproficiency declinesbased on an appropriate assessment for theEnglish pupillearners to[.] participateunless inthe aparent programor forAssembly EnglishAmendment learners.No.
Section198 2 of this bill requires the board of trustees of each school district to determineAssembly theBill numberNo. of pupils enrolled in a school within the school district who are:
(1)195 immigrants;Page 4 guardian of the pupil declines for the pupil to participate in a program for English learners.
(2)Section 2 of this bill requires the board of trustees of each school district to determine the refugees;
(3) new,[pupils short-termwhose andformal long-termeducation Englishhas learners;been interrupted or delayed for a certain(2) period of time;
and(4)] (4)new, Englishshort-term learnersand wholong-term participateEnglish inlearners; various programs, courses or education after receiving a high school diploma.
Sectionand 2[(5)] also(4) requiresEnglish thelearners boardgherwho ofparticipate trusteesin ofvarious eachprograms, schoolcourses districtor toactivities, determinereceive thea numberhigh ofschool teachersdiploma whoand arego qualifiedon to teachattend Englishan asinstitution aof secondhigher languageeducation andafter arereceiving trained in a programhigh ofschool languagediploma. instruction.
Section 2 also requires the board of trustees of each school district to determine the number of teachers who are qualified to teach English as a second language [.] and are trained in a program of language instruction.
Section 2 authorizes the Department of Education to make recommendations to the board of trustees of a school district to improve programs for English learners based on a requiresreport thesubmitted Departmentby to submit the reports it receives from the board of trustees2trustees of each school districtdistrict. to the Director of the Legislative Counsel Bureau for transmittal to the Legislature or the Legislative Committee on Education, as appropriate.
-Finally, 81stsection Session (2021) – 2 –requires Sectionthe 3Department ofto thissubmit billLegislative establishesCounsel variousBureau rightsfor oftransmittal ato pupil who is an English learner and the parentLegislature or legalthe guardianLegislative ofCommittee aon pupilthe whoEducation, isas anappropriate. English learner.
Section 3 generallyof providesthis tobill establishes various rights of a pupil who is an English learner,learner withoutand limitation, the rightparent to equal access to public education, academic instruction, school or schoollegal districtguardian inof whicha the pupil who is enrolled.an English learner.
Section 3 generally provides to a pupil who is an English learner, without limitation, the right to equal access to public education, academic instruction, extracurricular programs or activities and other support services provided by the school or school district in which the pupil is enrolled.
Section 3 requires the board of trustees of a school district to disseminate a copySection of3 thesealso rightsrequires to the parent or board of trustees of a school district, the Department of Education and each school to post a copy of these rights on their respective Internet websites.
§§ 6812 et seq.) Section 4 of this bill requires the board of trustees of each school district to [report] post on its Internet website by Act.gorycategory the manner in which the school district uses money received under the SectionAct. 5 of this bill authorizes the Department to adopt regulations to carry out provisions relating to pupils who are English learners.
EXPLANATIONSection –5 Matterof inthis boldedbill italicsauthorizes isthe new;Department to adopt regulations to carry out provisions relating to pupils who are English learners.
matter between brackets [omitted material] is material to be omitted.
(c) Newcomers[Pupils towhose theformal Englisheducation languagehas andbeen short-terminterrupted andor long-termdelayed Englishfor learners;one or more semesters;
and (d) EnglishLong-term] learners,Newcomers into totalthe English language and disaggregatedshort-term byand long-term English learnerslearners; who:
and [(e)] (d) English learners who:
§ 794;794, and are enrolled, placed or participating in:
(2)Assembly AreAmendment enrolled,No. placed or participating in:
(I)198 Ato specialAssembly program,Bill including,No. without limitation, a special program for gifted and talented pupils;
195 Page 5 (I) A special program, including, without limitation, a special program for gifted and talented pupils;
- 81st Session (2021) – 3 – (III) A magnet school or program;
or (3)(VII) ReceiveAn aextracurricular highor schoolathletic diploma,activity disaggregated[;] by, typeif ofknown; diploma;
and(2) (4)Receive Attend an institution of higher education after receiving a high school diploma and,[;] if, known,disaggregated receiveby atype scholarship to attend an institution of higherdiploma; education.
and (3) Attend an institution of higher education after receiving a high school diploma and, if known, receive a scholarship to attend an institution of higher education.
The board of trustees of each school district shall determine the number of teachers:teachers [employed] :
(a) Employed by the school district who have an endorsement to teach pupils in a program of bilingual education [,] or who have an endorsement to teach English as a second language;language [or who are otherwise qualified to teach English as a second language.] ;
On or before August 1 of each year, the board of trustees of a school district shall review the data collected pursuant to subsections 1 and 3, compile a report of the data and submit the recommendationsreport to the boardDepartment. of trustees of each school district to improve programs for English learners based on the reports it receives pursuant to this subsection.
The Department may make recommendations to the board of trustees of each school district to improve programs for English learners based on the reports it receives pursuant to this subsection.
As used in this section, “long-term English learner” means a pupil who is an English learner who has lived in the United States for at least [3] 6 consecutive years.
-(a) 81stReceive Sessiona (2021)free –appropriate 4public –education regardless of the immigration status or primary language of the pupil or theofthe parent or legal guardian of the pupil;
(e)Assembly ReceiveAmendment appropriateNo. services for academic support provided by the school or school district to pupils enrolled in the school or school district who are not English learners;
(f)198 Be evaluated each year to determineAssembly theBill progressNo. of the pupil in learning the English language and to obtain information limitation, the results of an examination administered pursuant to NRS 390.105;
and195 (g)Page Be6 continuously(e) placedReceive inappropriate aservices program for Englishacademic learnerssupport forprovided asby long as the pupilschool isor classifiedschool asdistrict anto Englishpupils learnerenrolled unlessin the parentschool or legalschool guardiandistrict ofwho theare pupilnot declines for the pupil to be placed in a program for English learners.learners;
(f) Be evaluated each year to determine the progress of the pupil in learning the English language and to obtain information about the academic performance of the pupil, including, without limitation, the results of an examination administered pursuant to NRS 390.105;
and (g) Be continuously placed in a program for English learners for as long as the pupil is classified as an English learner [.] unless the parent or legal guardian of the pupil declines for the pupil to be placed in a program for English learners.
(b) [Have] To the extent practicable, have a qualified interpreter in the primary language of the parent or legal guardian with the parent or legal guardian during significant interactions with the school district;
(c) [Receive] To the extent practicable, receive written notice in both English and the primary language of the parent or legal guardian that the pupil has been identified as an English learner and will be placed in a program for English learners;
(e) AtMeet the request of the parent or legal guardian, meet with staff of the school in which the pupil is enrolled at least once a - 81st Session (2021) – 5 – year, in addition to any other required meetings, to discuss the overall progress of the pupil in learning the English language;
(f) Transfer the pupil to another school within the school district if the school in which the pupil is currently enrolled does not offer a program for English learners or has been placed on a corrective action plan pursuant to NRS 388.408;
been placed on a (g) Receive information related to any evaluations of the pupil pursuant to paragraph (f) of subsection 1;
[The] Notwithstanding the provisions of paragraphs (b) and (c) of subsection 2, the board of trustees of each school district shall provide information to the parent or legal guardian of a pupil who is an English learner in a language and format that the parent or legal guardian can understand.
The school district shall provide a copy of the rights described in this section at the [beginning of each school year] annual registration of a pupil in a school within the school district to the parent or legal guardian of a pupil who is an English learner.
[4.] 5.
The Department [, the] shall provide translated copies of the rights described in this section in the five most common languages other than English primarily spoken in the households withinguageswithin each school district, which may include,Assembly withoutAmendment limitation,No. Spanish and Tagalog.
The198 board of trustees of each school district and each school that enrolls pupils who are English learners shall post a copy of the rights described in this section on their respective Internet websites in as many languages as possible, which may include, without limitation, and as applicable for the school district, the languages translated by the Department pursuant to thisAssembly subsection.Bill No.
195 Page 7 include, without limitation, Spanish and Tagalog.
The board of trustees of each school district and each school that enrolls pupils who are English learners shall post a copy of the rights described in this section on their respective Internet websites in as many languages as possible [.] , which may include, without limitation, and as applicable for the school district, the languages translated by the Department pursuant to this subsection.
The1. board of trustees of each school district shall post annually on its Internet website information on the manner in which the school district uses money received pursuant to Title III of the Every Student Succeeds Act of 2015, 20 U.S.C.
The board of trustees of each school district shall [report] post annually on its Internet website information on the manner in which the school district uses money received pursuant to Title III of the Every Student Succeeds Act of 2015, 20 U.S.C.
The [report] information must be organized into the categories of programs and services for which the money was used, which must -include, 81stwithout Session (2021) – 6 – and families.out limitation, the categorycategories of engagement of parents Sec.and families and wrap-around services.
2.
[The board of trustees of each school district shall post the report required by subsection 1 on the Internet website maintained by the school district.
3.] As used in this section, “wrap-around services” means supplemental services provided to a pupil with special needs or the family of such a pupil that are not otherwise covered by any federal or state program of assistance.
Sec.
(b) Provide for the periodic reassessment of each pupil who is cla(c)classified Beas designedan to eliminate any gaps in achievement, including, without limitation, in the core academic subjects and in high school graduation rates, between those pupils who are English learnerslearner; and pupils who are proficient in English;
(c) Be designed to eliminate any gaps in achievement, including, without limitation, in the core academic subjects and in high school graduation rates, between those pupils who are English learners and pupils who are proficient in English;
(f) Provide for the identification of the primary language of each pupil enrolled in the school district at the beginning of each school year to assist in the identification of pupils who are English lea(g) Provide that a pupil who is an English learner remain placed in a program for English learners untilpursuant the pupil obtains language proficiency based on an appropriate assessment of pupils who are English learners unless the parent or legal guardian of the pupil declines for the pupil to remainparagraph placed(a); in a program for English learners.
3.and (g) Provide that a pupil who is an English learner [shall] remain placed in a program for English learners until the pupil [receives a passing score] obtains language proficiency based on an appropriate assessment of pupils who are English learners [.] unless the parent or legal guardian of the pupil declines for the pupil to remain placed in a program for English learners Assembly Amendment No.
198 to Assembly Bill No.
195 Page 8 3.
- 81st Session (2021) – 7 – 4.
and 5.(b) The plan adopted pursuant to subsection 3.
5.
~~~~~ 21 - 81st Session (2021)