SB 347 — Revises provisions relating to higher education. (BDR 34-119)

The State Board of Education is hereby created.

The State Board consists of the following voting members:

(a) One member elected by the registered voters of each congressional district described in the shapefile adopted by NRS 304.095;

- *SB347* – 3 – (b) One member appointed by the Governor;

(c) One member appointed by the Governor, nominated by the Majority Leader of the Senate;

and (d) One member appointed by the Governor, nominated by the Speaker of the Assembly.

2.

In addition to the voting members described in subsection 1, the State Board consists of the following [four] five nonvoting members:

(a) One member appointed by the Governor who is a member of a board of trustees of a school district, nominated by the Nevada Association of School Boards;

(b) One member appointed by the Governor who is the superintendent of schools of a school district, nominated by the Nevada Association of School Superintendents;

(c) [One member] Two members appointed by the Governor [who] , one of whom represents the Nevada System of Higher Education, nominated by the Director of the Nevada Office of Higher Education Administrative Services, and one of whom represents the University of Nevada, nominated by the Board of Regents of the University of Nevada;

and (d) One member appointed by the Governor who is a pupil enrolled in a public school in this State, nominated by the Nevada Association of Student Councils or its successor organization and in consultation with the Nevada Youth Legislature.

After the initial term, the term of the member appointed pursuant to this paragraph commences on June 1 and expires on May 31 of the following year.

3.

Each member of the State Board elected pursuant to paragraph (a) of subsection 1 must be a qualified elector of the district from which that member is elected.

4.

Each member appointed pursuant to paragraphs (b), (c) and (d) of subsection 1 and each member appointed pursuant to subsection 2 must be a resident of this State.

5.

Except as otherwise provided in paragraphs (a) and (c) of subsection 2, a person who is elected to serve as an officer of this State or any political subdivision thereof or a person appointed to serve for the unexpired term of such an office may not serve or continue to serve on the State Board.

6.

The Governor shall ensure that the members appointed pursuant to paragraphs (b), (c) and (d) of subsection 1 represent the geographic diversity of this State and that:

(a) One member is a teacher at a public school selected from a list of three candidates provided by the Nevada State Education Association.

(b) One member is the parent or legal guardian of a pupil enrolled in a public school.

- *SB347* – 4 – (c) One member is a person active in a private business or industry of this State.

7.

After the initial terms, each member:

(a) Elected pursuant to paragraph (a) of subsection 1 serves a term of 4 years.

A member may be elected to serve not more than three terms but may be appointed to serve pursuant to paragraph (b), (c) or (d) of subsection 1 or subsection 2 after service as an elected member, notwithstanding the number of terms the member served as an elected member.

(b) Appointed pursuant to paragraphs (b), (c) and (d) of subsection 1 serves a term of 2 years, except that each member continues to serve until a successor is appointed.

A member may be reappointed for additional terms of 2 years in the same manner as the original appointment.

(c) Appointed pursuant to subsection 2 serves a term of 1 year.

A member may be reappointed for additional terms of 1 year in the same manner as the original appointment.

8.

If a vacancy occurs during the term of:

(a) A member who was elected pursuant to paragraph (a) of subsection 1, the Governor shall appoint a member to fill the vacancy until the next general election, at which election a member must be chosen for the balance of the unexpired term.

The appointee must be a qualified elector of the district where the vacancy occurs.

(b) A voting member appointed pursuant to paragraph (b), (c) or (d) of subsection 1 or a nonvoting member appointed pursuant to subsection 2, the vacancy must be filled in the same manner as the original appointment for the remainder of the unexpired term.

Sec.

2.

NRS 385.106 is hereby amended to read as follows:

385.106 1.

The Superintendent of Public Instruction may administer the Higher Education Student Loan Program and may consult with any public officer or private person in the State who may have an interest in higher education or in the Program.

The Superintendent of Public Instruction shall notify the State Board at least 30 days in advance if the Superintendent intends to stop administering the Program.

2.

After receiving notice from the Superintendent of Public Instruction that he or she intends to stop administering the Program, but before the Superintendent actually stops administering it, the State Board, with the concurrence of the Governor, shall designate another public agency or private nonprofit organization to administer the Program in a manner which ensures continued access to the Program by postsecondary schools in this State, including the University of Nevada and all of the institutions of the Nevada System of Higher Education.

The designation may authorize assumption of any reserves or liability accruing to an agency or - *SB347* – 5 – organization engaged in administering the Program or the guarantee of student loans.

3.

If the Superintendent of Public Instruction administers the Program, the State Board may:

(a) Negotiate and accept federal and other money appropriated and available to insure loans for student educational purposes under the Program.

(b) Negotiate and enter into such agreements with other agencies as it deems proper for the administration and conduct of the Program.

(c) Accept gifts, grants and contributions from any source that will facilitate and assist the higher education of Nevada residents.

Sec.

3.

NRS 385.111 is hereby amended to read as follows:

385.111 1.

The State Board shall prepare a plan to improve the achievement of pupils enrolled in the public schools in this State.

The plan:

(a) Must be prepared in consultation with:

(1) Employees of the Department;

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

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

and (4) At least one representative of the Statewide Council for the Coordination of the Regional Training Programs created by NRS 391A.130, appointed by the Council;

and (b) May be prepared in consultation with:

(1) Representatives of institutions of higher education;

(2) Representatives of regional educational laboratories;

(3) Representatives of outside consultant groups;

(4) Representatives of the regional training programs for the professional development of teachers and administrators created by NRS 391A.120;

(5) The Legislative Bureau of Educational Accountability and Program Evaluation;

and (6) Other persons who the State Board determines are appropriate.

2.

On or before March 31 of each year, the State Board shall submit the plan or the revised plan, as applicable, to the:

(a) Governor;

(b) Joint Interim Standing Committee on Education;

(c) Legislative Bureau of Educational Accountability and Program Evaluation;

- *SB347* – 6 – (d) [Board of Regents of the University of Nevada;] Nevada Office of Higher Education Administrative Services and each higher education governing body;

(e) Board of trustees of each school district;

and (f) Governing body of each charter school.

3.

As used in this section, “higher education governing body” has the meaning ascribed to it in NRS 396.005.

Sec.

4.

NRS 385.620 is hereby amended to read as follows:

385.620 The Advisory Council shall:

ReviewThe thedoctoral policyuniversity institutions of parentalthis involvementState adoptedare by the Statecampuses Boardof and the policyUniversity of parentalNevada, involvementknown andas family engagement adopted by the boardUniversity of trusteesNevada, ofReno, eachand schoolthe districtUniversity pursuantof toNevada, NRSLas 392.457;Vegas.

Review the information relating to communication with and participation, involvement and engagement of parents and families that is included in the annual report of accountability for each school district pursuant to NRS 385A.320 and similar information in the annual report of accountability prepared by the State Public Charter School Authority and the University of Nevada or a college [or university] within the Nevada System of Higher Education that sponsors a charter school pursuant to subsection 3 of NRS 385A.070;

3.

Review any effective practices carried out in individual school districts to increase parental involvement and family engagement and determine the feasibility of carrying out those practices on a statewide basis;

4.

Review any effective practices carried out in other states to increase parental involvement and family engagement and determine the feasibility of carrying out those practices in this State;

5.

Identify methods to communicate effectively and provide outreach to parents, legal guardians and families of pupils who have limited time to become involved in the education of their children for various reasons, including, without limitation, work schedules, single-parent homes and other family obligations;

6.

Identify the manner in which the level of parental involvement and family engagement affects the performance, attendance and discipline of pupils;

7.

Identify methods to communicate effectively with and provide outreach to parents, legal guardians and families of pupils who are English learners;

8.

Determine the necessity for the appointment of a statewide parental involvement and family engagement coordinator or a parental involvement and family engagement coordinator in each school district, or both;

- *SB347* – 7 – 9.

Work in collaboration with the Office of Parental Involvement and Family Engagement created by NRS 385.630 to carry out the duties prescribed in NRS 385.635;

and 10.

On or before February 1 of each year, submit a report to the Director of the Legislative Counsel Bureau for transmission to the Legislature in odd-numbered years and to the Legislative Commission in even-numbered years, describing the activities of the Advisory Council and any recommendations for legislation.

Sec.

5.

NRS 385A.070 is hereby amended to read as follows:

385A.070 1.

The board of trustees of each school district in this State, in cooperation with associations recognized by the State Board as representing licensed educational personnel in the district, shall adopt a program providing for the accountability of the school district to the residents of the district and to the State Board for the quality of the schools and the educational achievement of the pupils in the district, including, without limitation, pupils enrolled in charter schools sponsored by the school district.

The board of trustees of each school district shall report the information required by NRS 385A.070 to 385A.320, inclusive, for each charter school sponsored by the school district.

The information for charter schools must be reported separately.

2.

The board of trustees of each school district shall, on or before December 31 of each year, prepare for the immediately preceding school year a single annual report of accountability concerning the educational goals and objectives of the school district, the information prescribed by NRS 385A.070 to 385A.320, inclusive, and such other information as is directed by the Superintendent of Public Instruction.

A separate reporting for a group of pupils must not be made pursuant to NRS 385A.070 to 385A.320, inclusive, if the number of pupils in that group is insufficient to yield statistically reliable information or the results would reveal personally identifiable information about an individual pupil.

The Department shall use the mechanism approved by the United States Department of Education for the statewide system of accountability for public schools for determining the minimum number of pupils that must be in a group for that group to yield statistically reliable information.

3.

The State Public Charter School Authority and the University of Nevada and each college [or university] within the Nevada System of Higher Education that sponsors a charter school shall, on or before December 31 of each year, prepare for the immediately preceding school year an annual report of accountability of the charter schools sponsored by the State Public Charter School Authority or institution, as applicable, concerning the accountability information prescribed by the Department - *SB347* – 8 – pursuant to this section.

The Department, in consultation with the State Public Charter School Authority and the University of Nevada and each college [or university] within the Nevada System of Higher Education that sponsors a charter school, shall prescribe by regulation the information that must be prepared by the State Public Charter School Authority and institution, as applicable, which must include, without limitation, the information contained in subsection 2 and NRS 385A.070 to 385A.320, inclusive, as applicable to charter schools.

The Department shall provide for public dissemination of the annual report of accountability prepared pursuant to this section by posting a copy of the report on the Internet website maintained by the Department.

4.

The annual report of accountability prepared pursuant to this section must be presented in an understandable and uniform format and, to the extent practicable, provided in a language that parents can understand.

Sec.

6.

NRS 385A.080 is hereby amended to read as follows:

385A.080 1.

The Superintendent of Public Instruction shall:

(a) Prescribe forms for the reports required pursuant to NRS 385A.070 and provide the forms to the respective school districts, the State Public Charter School Authority and the University of Nevada and each college [or university] within the Nevada System of Higher Education that sponsors a charter school.

(b) Provide statistical information and technical assistance to the school districts, the State Public Charter School Authority and the University of Nevada and each college [or university] within the Nevada System of Higher Education that sponsors a charter school to ensure that the reports provide comparable information with respect to each school in each district, each charter school and among the districts and charter schools throughout this State.

(c) Consult with a representative of the:

(1) Nevada State Education Association;

(2) Nevada Association of School Boards;

(3) Nevada Association of School Administrators;

(4) Nevada Parent Teacher Association;

(5) Budget Division of the Office of Finance;

(6) Legislative Counsel Bureau;

and (7) Charter School Association of Nevada,  concerning the program adopted pursuant to subsection 1 of NRS 385A.070 and consider any advice or recommendations submitted by the representatives with respect to the program.

2.

The Superintendent of Public Instruction may consult with representatives of parent groups other than the Nevada Parent Teacher Association concerning the program adopted pursuant to subsection 1 of NRS 385A.070 and consider any advice or - *SB347* – 9 – recommendations submitted by the representatives with respect to the program.

Sec.

7.

NRS 385A.090 is hereby amended to read as follows:

385A.090 1.

On or before September 30 of each year:

(a) The board of trustees of each school district, the State Public Charter School Authority and the University of Nevada and each college [or university] within the Nevada System of Higher Education that sponsors a charter school shall provide written notice that the report required pursuant to NRS 385A.070 is available on the Internet website maintained by the school district, State Public Charter School Authority or institution, if any, or otherwise provide written notice of the availability of the report.

The written notice must be provided to the:

(1) Governor;

(2) State Board;

(3) Department;

(4) Committee;

(5) Bureau;

and (6) The Attorney General, with a specific reference to the information that is reported pursuant to paragraph (e) of subsection 1 of NRS 385A.250.

(b) The board of trustees of each school district, the State Public Charter School Authority and the University of Nevada and each college [or university] within the Nevada System of Higher Education that sponsors a charter school shall provide for public dissemination of the annual report of accountability prepared pursuant to NRS 385A.070 by posting a copy of the report on the Internet website maintained by the school district, the State Public Charter School Authority or the institution, if any.

If a school district does not maintain a website, the district shall otherwise provide for public dissemination of the annual report by providing a copy of the report to the schools in the school district, including, without limitation, each charter school sponsored by the district, the residents of the district, and the parents and guardians of pupils enrolled in schools in the district, including, without limitation, each charter school sponsored by the district.

If the State Public Charter School Authority or the institution does not maintain a website, the State Public Charter School Authority or the institution, as applicable, shall otherwise provide for public dissemination of the annual report by providing a copy of the report to each charter school it sponsors and the parents and guardians of pupils enrolled in each charter school it sponsors.

2.

Upon the request of the Governor, the Attorney General, an entity described in paragraph (a) of subsection 1 or a member of the general public, the board of trustees of a school district, the State - *SB347* – 10 – Public Charter School Authority or the University of Nevada or a college [or university] within the Nevada System of Higher Education that sponsors a charter school, as applicable, shall provide a portion or portions of the report required pursuant to NRS 385A.070.

Sec.

8.

NRS 385A.240 is hereby amended to read as follows:

385A.240 1.

The annual report of accountability prepared pursuant to NRS 385A.070 must include information on the attendance, truancy and transiency of pupils, including, without limitation:

(a) Records of the attendance and truancy of pupils in all grades, including, without limitation:

(1) The average daily attendance of pupils, for each school in the district and the district as a whole, including, without limitation, each charter school sponsored by the district.

(2) For each elementary school, middle school and junior high school in the district, including, without limitation, each charter school sponsored by the district that provides instruction to pupils enrolled in a grade level other than high school, information that compares the attendance of the pupils enrolled in the school with the attendance of pupils throughout the district and throughout this State.

The information required by this subparagraph must be provided in consultation with the Department to ensure the accuracy of the comparison.

(b) The number of pupils in each grade who are retained in the same grade pursuant to NRS 392.033, 392.125 or 392.760, for each school in the district and the district as a whole, including, without limitation, each charter school sponsored by the district.

(c) The transiency rate of pupils for each school in the district and the district as a whole, including, without limitation, each charter school sponsored by the district.

For the purposes of this paragraph, a pupil is not 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.

(d) The number of habitual truants reported for each school in the district and for the district as a whole, including, without limitation, the number who are:

(1) 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;

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

and - *SB347* – 11 – (3) Referred for the imposition of administrative sanctions pursuant to paragraph (c) of subsection 2 of NRS 392.144.

2.

The information included pursuant to subsection 1 must allow such information to be disaggregated by:

(a) Pupils who are economically disadvantaged;

(b) Pupils from major racial and ethnic groups;

(c) Pupils with disabilities;

(d) Pupils who are English learners;

(e) Pupils who are migratory children;

(f) Gender;

(g) Pupils who are homeless;

(h) Pupils in foster care;

and (i) Pupils whose parent or guardian is a member of the Armed Forces of the United States, a reserve component thereof or the National Guard.

3.

On or before September 30 of each year:

(a) The board of trustees of each school district shall submit to each advisory board to review school attendance created in the county pursuant to NRS 392.126 the information required by paragraph (a) of subsection 1.

(b) The State Public Charter School Authority and the University of Nevada and each college [or university] within the Nevada System of Higher Education that sponsors a charter school shall submit to each advisory board to review school attendance created in a county pursuant to NRS 392.126 the information regarding the records of the attendance and truancy of pupils enrolled in the charter school located in that county, if any, in accordance with the regulations prescribed by the Department pursuant to subsection 3 of NRS 385A.070.

Sec.

9.

NRS 385A.260 is hereby amended to read as follows:

385A.260 The annual report of accountability prepared pursuant to NRS 385A.070 must include information on the graduation and drop-out rates of pupils and the enrollment of pupils in remedial courses in college, including, without limitation:

1.

For each school in the district and the district as a whole, including, without limitation, each charter school sponsored by the district, the number and percentage of pupils who received:

(a) A standard high school diploma.

(b) An adult diploma.

(c) An adjusted diploma.

(d) An alternative diploma.

2.

For each high school in the district, including, without limitation, each charter school sponsored by the district that operates as a high school, information that provides a comparison of the rate of graduation of pupils enrolled in the high school with the rate of - *SB347* – 12 – graduation of pupils throughout the district and throughout this State.

The information required by this subsection must be provided in consultation with the Department to ensure the accuracy of the comparison.

3.

The annual rate of pupils who drop out of school in grade 8 and a separate reporting of the annual rate of pupils who drop out of school in grades 9 to 12, inclusive, for each such grade, for each school in the district and for the district as a whole.

The reporting for pupils in grades 9 to 12, inclusive, excludes pupils who:

(a) Provide proof to the school district of successful completion of the high school equivalency assessment selected by the State Board pursuant to NRS 390.055.

(b) Are enrolled in courses that are approved by the Department as meeting the requirements for an adult standard diploma.

(c) Withdraw from school to attend another school.

4.

For each high school in the district, including, without limitation, each charter school sponsored by the district, the percentage of pupils who graduated from that high school or charter school in the immediately preceding school year and enrolled in remedial courses in reading, writing or mathematics at the University of Nevada or a [university,] state college or community college within the Nevada System of Higher Education.

Sec.

10.

NRS 385A.400 is hereby amended to read as follows:

385A.400 1.

The State Board shall, on or before January 15 of each year, prepare for the immediately preceding school year a single annual report of accountability that includes, without limitation the information prescribed by NRS 385A.400 to 385A.520, inclusive.

2.

A separate reporting for a group of pupils must not be made pursuant to NRS 385A.400 to 385A.520, inclusive, if the number of pupils in that group is insufficient to yield statistically reliable information or the results would reveal personally identifiable information about an individual pupil.

The Department shall use the mechanism approved by the United States Department of Education for the statewide system of accountability for public schools for determining the minimum number of pupils that must be in a group for that group to yield statistically reliable information.

3.

The annual report of accountability must:

(a) Be prepared in a concise manner;

and (b) Be presented in an understandable and uniform format and, to the extent practicable, provided in a language that parents can understand.

4.

On or before January 15 of each year, the State Board shall provide for public dissemination of the annual report of - *SB347* – 13 – accountability by posting a copy of the report on the Internet website maintained by the Department.

5.

Upon the request of the Governor, the Attorney General, the Committee, the Bureau, [the Board of Regents of the University of Nevada,] a higher education governing body, the Nevada Office of Higher Education Administrative Services, the board of trustees of a school district, the State Public Charter School Authority, the University of Nevada, a college [or university] within the Nevada System of Higher Education, the governing body of a charter school or a member of the general public, the State Board shall provide a portion or portions of the annual report of accountability.

6.

As used in this section, “higher education governing body” has the meaning ascribed to it in NRS 396.005.

Sec.

11.

NRS 385A.470 is hereby amended to read as follows:

385A.470 The annual report of accountability prepared by the State Board pursuant to NRS 385A.400 must include information on the graduation and drop-out rates of pupils and the enrollment of pupils in remedial courses in college, including, without limitation:

1.

For each school district, including, without limitation, each charter school in the district, and for this State as a whole, the number and percentage of pupils who received:

(a) A standard high school diploma.

(b) An adult diploma.

(c) An adjusted diploma.

(d) An alternative diploma.

2.

The annual rate of pupils who drop out of school in grade 8 and a separate reporting of the annual rate of pupils who drop out of school in grades 9 to 12, inclusive, reported for each school district, including, without limitation, each charter school in the district, and for this State as a whole.

The reporting for pupils in grades 9 to 12, inclusive, excludes pupils who:

(a) Provide proof to the school district of successful completion of the high school equivalency assessment selected by the State Board pursuant to NRS 390.055.

(b) Are enrolled in courses that are approved by the Department as meeting the requirements for an adult standard diploma.

(c) Withdraw from school to attend another school.

3.

The percentage of pupils who graduated from a high school or charter school in the immediately preceding year and enrolled in remedial courses in reading, writing or mathematics at the University of Nevada or a [university,] state college or community college within the Nevada System of Higher Education, reported for each school district, including, without limitation, each charter school in the district, and for this State as a whole.

- *SB347* – 14 – Sec.

12.

NRS 385A.670 is hereby amended to read as follows:

385A.670 1.

On or before July 31 of each year, the Department shall determine whether each public school is meeting the school achievement targets and performance targets established pursuant to the statewide system of accountability for public schools.

2.

The determination pursuant to subsection 1 for a public school, including, without limitation, a charter school sponsored by the board of trustees of the school district, must be made in consultation with the board of trustees of the school district in which the public school is located.

If a charter school is sponsored by the State Public Charter School Authority or the University of Nevada or a college [or university] within the Nevada System of Higher Education, the Department shall make a determination for the charter school in consultation with the State Public Charter School Authority or the institution within the University of Nevada or the Nevada System of Higher Education that sponsors the charter school, as applicable.

The determination made for each school must be based only upon the information and data for those pupils who are enrolled in the school for a full academic year.

On or before July 31 of each year, the Department shall transmit:

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

(b) To the State Public Charter School Authority the determination made for each charter school that is sponsored by the State Public Charter School Authority.

(c) The determination made for the charter school to the institution that sponsors the charter school if a charter school is sponsored by the University of Nevada or a college [or university] within the Nevada System of Higher Education.

3.

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

(a) The Department shall not determine that the school has failed to meet the performance targets established pursuant to the statewide system of accountability for public schools based solely upon that particular group.

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

 The Department shall use the mechanism approved by the United States Department of Education for the statewide system of accountability for public schools for determining the number of pupils that must be in a group for that group to yield statistically reliable information.

- *SB347* – 15 – 4.

If an irregularity in testing administration or an irregularity in testing security occurs at a school and the irregularity invalidates the test scores of pupils, those test scores must be included in the scores of pupils reported for the school, the attendance of those pupils must be counted towards the total number of pupils who took the examinations and the pupils must be included in the total number of pupils who were required to take the examinations.

5.

As used in this section:

(a) “Irregularity in testing administration” has the meaning ascribed to it in NRS 390.255.

(b) “Irregularity in testing security” has the meaning ascribed to it in NRS 390.260.

Sec.

13.

NRS 385A.720 is hereby amended to read as follows:

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 the University of Nevada 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 the University of Nevada or 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 charter school sponsored by the board of trustees, the board of trustees of the school district shall, in consultation with the Department, make a final determination concerning the rating for the school on September 15.

(c) If the school is a charter school sponsored by the State Public Charter School Authority or the University of Nevada 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.

- *SB347* – 16 – 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).

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.

14.

NRS 385A.800 is hereby amended to read as follows:

385A.800 1.

The Department shall establish and maintain an automated system of accountability information for Nevada.

The system must:

(a) Have the capacity to provide and report information, including, without limitation, the results of the achievement of pupils:

(1) In the manner required by 20 U.S.C.

§§ 6301 et seq., and the regulations adopted pursuant thereto, and NRS 385A.070 and 385A.400;

and (2) In a separate reporting for each group of pupils identified in the statewide system of accountability for public schools;

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

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

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

and (3) Which must, to the extent money is available for this purpose, include, without limitation, a unique identifier for each pupil whose parent or guardian is a member of the Armed Forces of the United States, a reserve component thereof or the National Guard in a manner that will allow for the disaggregation of each category;

(c) Have the capacity to provide longitudinal comparisons of the academic achievement, rate of attendance and rate of graduation of pupils over time throughout this State;

(d) Have the capacity to perform a variety of longitudinal analyses of the results of individual pupils on assessments, including, without limitation, the results of pupils by classroom and by school;

(e) Have the capacity to identify which teachers are assigned to individual pupils;

(f) Have the capacity to provide other information concerning schools and school districts that is not linked to individual pupils, - *SB347* – 17 – including, without limitation, the ratings of schools and, if available, school districts pursuant to the statewide system of accountability for public schools and an identification of which schools, if any, are persistently dangerous;

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

and (h) Be designed to improve the ability of the Department, the sponsors of charter schools, the school districts and the public schools in this State, including, without limitation, charter schools, to account for the pupils who are enrolled in the public schools, including, without limitation, charter schools.

 The information maintained pursuant to paragraphs (c), (d) and (e) must be used for the purpose of improving the achievement of pupils and improving classroom instruction.

2.

The Department shall establish, to the extent authorized by the Family Educational Rights and Privacy Act of 1974, 20 U.S.C.

§ 1232g, and any regulations adopted pursuant thereto, a mechanism by which persons or entities, including, without limitation, state officers who are members of the Executive or Legislative Branch, administrators of public schools and school districts, teachers and other educational personnel, and parents and guardians, will have different types of access to the accountability information contained within the automated system to the extent that such information is necessary for the performance of a duty or to the extent that such information may be made available to the general public without posing a threat to the confidentiality of an individual pupil.

3.

On or before December 31 of each year, the Department shall share with the Interagency Council on Veterans Affairs aggregate data collected pursuant to subsection 1 concerning each pupil whose parent or guardian is a member of the Armed Forces of the United States, a reserve component thereof or the National Guard.

4.

The Department may, to the extent authorized by the Family Educational Rights and Privacy Act of 1974, 20 U.S.C.

§ 1232g, and any regulations adopted pursuant thereto, enter into an agreement with the University of Nevada or the Nevada System of Higher Education , or both, to provide access to data contained within the automated system for research purposes.

Sec.

15.

NRS 388.205 is hereby amended to read as follows:

388.205 1.

The board of trustees of each school district shall adopt a policy for each public school in the school district in which ninth grade pupils are enrolled to develop a 4-year academic plan for each of those pupils.

Except as otherwise provided in - *SB347* – 18 – subsection 4, the policy must require each public school to provide each pupil with an academic plan at the beginning of the pupil’s ninth grade year.

The academic plan must set forth the specific educational goals established pursuant to subsection 7 each year and the steps that the pupil intends to take in order to achieve those goals.

The plan may include, without limitation, the designation of a career pathway and enrollment in dual credit courses, career and technical education courses, advanced placement courses and honors courses.

2.

The policy must ensure that each pupil enrolled in ninth grade and the pupil’s parent or legal guardian are provided with, to the extent practicable, information regarding:

(a) The advanced placement courses, honors courses, international baccalaureate courses, dual credit courses, career and technical education courses, including, without limitation, career and technical skills-building programs, and any other educational programs, pathways or courses available to the pupil which will assist the pupil in the advancement of his or her education;

(b) The requirements for graduation from high school with a diploma and the types of diplomas available;

(c) The requirements for admission to the University of Nevada and the Nevada System of Higher Education, including, without limitation, the average score on the college and career readiness assessment administered pursuant to NRS 390.610 of students admitted to the University of Nevada and each community college [,] or state college [or university] in the Nevada System of Higher Education, and the eligibility requirements for a Governor Guinn Millennium Scholarship;

(d) The Free Application for Federal Student Aid and advice concerning how to finance enrollment in an institution that provides postsecondary and vocational education;

and (e) The charter schools within the school district.

3.

The policy required by subsection 1 must require each pupil enrolled in ninth grade and the pupil’s parent or legal guardian to:

(a) Be notified of opportunities to work in consultation with a school counselor to develop and review an academic plan for the pupil;

(b) Sign the academic plan;

and (c) Review the academic plan at least once each school year in consultation with a school counselor and revise the plan if necessary.

4.

If a pupil enrolls in a high school after ninth grade, an academic plan must be developed for that pupil as soon as reasonably practicable with appropriate modifications for the grade level of the pupil.

- *SB347* – 19 – 5.

If an academic plan for a pupil includes enrollment in a dual credit course, the plan must address how the dual credit course will enable the pupil to achieve his or her postgraduation goals.

6.

An academic plan for a pupil must be used as a guide for the pupil and the parent or legal guardian of the pupil to plan, monitor and manage the pupil’s educational and occupational development and make determinations of the appropriate courses of study for the pupil.

If a pupil does not satisfy all the goals set forth in the academic plan, the pupil is eligible to graduate and receive a high school diploma if the pupil otherwise satisfies the requirements for a diploma.

7.

Except as otherwise provided in subsection 4, a school counselor shall establish specific educational goals for each pupil in consultation with the pupil and the parent or legal guardian of the pupil, to the extent practicable, at the beginning of each pupil’s ninth grade year and as a part of the review conducted pursuant to paragraph (c) of subsection 3.

8.

The policy adopted pursuant to subsection 1 must require each public school in the school district to:

(a) Develop a procedure to identify a homeless pupil, unaccompanied pupil or pupil who lives in foster care;

and (b) Review the academic plan for each such pupil and adjust the plan as appropriate to maximize the accrual of credits by the pupil and the progress of the pupil towards graduation.

9.

As used in this section:

(a) “Foster care” has the meaning ascribed to it in 45 C.F.R.

§ 1355.20.

(b) “Homeless pupil” has the meaning ascribed to the term “homeless children and youths” in 42 U.S.C.

§ 11434a(2).

(c) “Unaccompanied pupil” has the meaning ascribed to the term “unaccompanied youth” in 42 U.S.C.

§ 11434a(6).

Sec.

16.

NRS 388.5968 is hereby amended to read as follows:

388.5968 The State Financial Literacy Advisory Council created by NRS 388.5966 shall:

1.

Develop a strategic plan for the development of educational resources in financial literacy to serve as a foundation for professional development for pupils;

2.

Identify learning activities targeted toward the standards and criteria of a curriculum in financial literacy;

3.

Develop and facilitate, in coordination with the Department:

(a) The Financial Literacy Month, including, without limitation, Student Smart Week, Money Week and the parent and family engagement summit established pursuant to NRS 388.5964;

and (b) The annual summit for educators established pursuant to NRS 391A.210;

- *SB347* – 20 – 4.

In accordance with NRS 388.5962, develop the criteria a pupil must meet to be awarded the State Seal of Financial Literacy;

5.

Apply for grants, gifts and donations of money to carry out the objectives of the Council;

and 6.

Prepare a written report which includes, without limitation, recommendations concerning the instruction and curriculum in financial literacy and the activities of the Council and, on or before January 31 of each even-numbered year, submit a copy of the report to the Superintendent of Public Instruction, the Chancellor of the University of Nevada [System of Higher Education,] , each higher education governing body, as defined in NRS 396.005, the Joint Interim Standing Committee on Education and the Governor.

Sec.

17.

NRS 388.790 is hereby amended to read as follows:

388.790 1.

The Commission on Educational Technology, consisting of 2 members who serve ex officio and 11 members who are appointed, is hereby created.

The Superintendent of Public Instruction and the Administrator of the Division of Enterprise Information Technology Services of the Department of Administration shall serve ex officio as nonvoting members of the Commission.

2.

The Governor shall appoint the following voting members to the Commission, at least two of whom must reside in a county whose population is less than 100,000:

(a) One administrator in a public school who possesses knowledge and experience in the general application of technology;

(b) One school teacher in a public elementary school who possesses knowledge and experience in the use of educational technology in the public schools;

(c) One school teacher in a public secondary school who possesses knowledge and experience in the use of educational technology in the public schools;

(d) One representative of public libraries who possesses knowledge and experience in the general application of technology;

(e) One representative of the University of Nevada or the Nevada System of Higher Education who possesses knowledge and experience in the use of educational technology in institutions of higher education;

(f) One representative of the private sector who possesses knowledge and experience in the use of technology;

and (g) One parent or legal guardian who possesses knowledge and experience in the general application of technology.

3.

The Majority Leader of the Senate shall appoint two voting members to the Commission:

(a) One of whom is a member of the Senate;

and (b) One of whom is employed in the field of technology.

- *SB347* – 21 – 4.

The Speaker of the Assembly shall appoint two voting members to the Commission:

(a) One of whom is a member of the Assembly;

and (b) One of whom is employed in the field of technology.

5.

The Governor shall appoint a Chair among the voting members of the Commission.

6.

After the initial terms, the term of each member of the Commission is 2 years, commencing on January 1 of the year in which the member is appointed and expiring on December 31 of the immediately following year.

A member shall continue to serve on the Commission until his or her successor is appointed.

Upon the expiration of a term of a member, he or she may be reappointed if he or she still possesses any requisite qualifications for appointment.

There is no limit on the number of terms that a member may serve.

7.

The person or entity who appoints a member to the Commission may remove that member if the member neglects his or her duty or commits malfeasance in office, or for other just cause.

Any vacancy in the membership of the Commission must be filled for the remainder of the unexpired term in the same manner as the original appointment.

8.

The Commission shall hold at least four regular meetings each year and may hold special meetings at the call of the Chair.

9.

Members of the Commission who are not Legislators serve without compensation, except that for each day or portion of a day during which a member of the Commission attends a meeting of the Commission or is otherwise engaged in the business of the Commission, the member is entitled to receive the per diem allowance and travel expenses provided for state officers and employees generally.

10.

For each day or portion of a day during which a member of the Commission who is a Legislator attends a meeting of the Commission or is otherwise engaged in the work of the Commission, except during a regular or special session of the Legislature, the Legislator is entitled to receive the:

(a) Compensation provided for a majority of the members of the Legislature during the first 60 days of the preceding session;

(b) Per diem allowance provided for state officers and employees generally;

and (c) Travel expenses provided pursuant to NRS 218A.655.

 The compensation, per diem allowances and travel expenses of the legislative members of the Commission must be paid from the Legislative Fund.

- *SB347* – 22 – Sec.

18.

NRS 388.795 is hereby amended to read as follows:

388.795 1.

The Commission shall establish a plan for the use of educational technology in the public schools of this State.

In preparing the plan, the Commission shall consider:

(a) Plans that have been adopted by the Department and the school districts and charter schools in this State;

(b) Plans that have been adopted in other states;

(c) The information reported pursuant to NRS 385A.310 and similar information included in the annual report of accountability information prepared by the State Public Charter School Authority and the University of Nevada or a college [or university] within the Nevada System of Higher Education that sponsors a charter school pursuant to subsection 3 of NRS 385A.070;

(d) The results of the assessment of needs conducted pursuant to subsection 6;

and (e) Any other information that the Commission or the Committee deems relevant to the preparation of the plan.

2.

The plan established by the Commission must include recommendations for methods to:

(a) Incorporate educational technology into the public schools of this State;

(b) Increase the number of pupils in the public schools of this State who have access to educational technology;

(c) Increase the availability of educational technology to assist licensed teachers and other educational personnel in complying with the requirements of continuing education, including, without limitation, the receipt of credit for college courses completed through the use of educational technology;

(d) Facilitate the exchange of ideas to improve the achievement of pupils who are enrolled in the public schools of this State;

and (e) Address the needs of teachers in incorporating the use of educational technology in the classroom, including, without limitation, the completion of training that is sufficient to enable the teachers to instruct pupils in the use of educational technology.

3.

The Department shall provide:

(a) Administrative support;

(b) Equipment;

and (c) Office space,  as is necessary for the Commission to carry out the provisions of this section.

4.

The following entities shall cooperate with the Commission in carrying out the provisions of this section:

(a) The State Board.

(b) The board of trustees of each school district.

(c) The superintendent of schools of each school district.

- *SB347* – 23 – (d) The Department.

5.

The Commission shall:

(a) Develop technical standards for educational technology and any electrical or structural appurtenances necessary thereto, including, without limitation, uniform specifications for computer hardware and wiring, to ensure that such technology is compatible, uniform and can be interconnected throughout the public schools of this State.

(b) Allocate money to the school districts from the Trust Fund for Educational Technology created pursuant to NRS 388.800 and any money appropriated by the Legislature for educational technology, subject to any priorities for such allocation established by the Legislature.

(c) Establish criteria for the board of trustees of a school district that receives an allocation of money from the Commission to:

(1) Repair, replace and maintain computer systems.

(2) Upgrade and improve computer hardware and software and other educational technology.

(3) Provide training, installation and technical support related to the use of educational technology within the district.

(d) Submit to the Governor, the Committee and the Department its plan for the use of educational technology in the public schools of this State and any recommendations for legislation.

(e) Review the plan annually and make revisions as it deems necessary or as directed by the Committee or the Department.

(f) In addition to the recommendations set forth in the plan pursuant to subsection 2, make further recommendations to the Committee and the Department as the Commission deems necessary.

6.

During the spring semester of each even-numbered school year, the Commission shall conduct an assessment of the needs of each school district relating to educational technology.

In conducting the assessment, the Commission shall consider:

(a) The recommendations set forth in the plan pursuant to subsection 2;

(b) The plan for educational technology of each school district, if applicable;