AB 400 — Revises various provisions relating to education. (BDR 34-1088)

(NRS 391A.580) Section 5667 of this bill requiresmakes thea Stateconforming Boardchange to annuallyindicate reviewthe andproper reportplacement onof thesection Teachin the Nevada ScholarshipRevised Program.Statutes.

Section 67 of this bill makes a conforming change to indicate the proper placement of section 56 in the Nevada Revised Statutes.

and (2) requires a student to have graduated from a high school in this State or a county that borders this State and accepts pupils from this State or who have successfully completed the high school equivalency assessment selected by the SectionState 69Board ofbefore this20 billyears increasesof theage maximumto amountbe ofeligible for a Teach Nevadacholarship.Nevada Scholarship.

Section 69 of this bill increases the maximum amount of a Teach Nevada - 82nd Session (2023) – 3 – Scholarship to match the cost of receiving a bachelor’s degree at a public university in this State.

Sections 57-66 of this bill create the Nevada Teacher Advancement Scholarship Program,Program. which, in general, is structured similarly to the Teach Nevada - *AB400_R1* – 3 – Advancement Scholarship to be used to obtain a master’s degree in education or a related field of study.

Section 63 of this bill allows a Nevada Teacherhe Teach Nevada Advancement Scholarship to be used to obtain a master’s degree in education or a related field of study.

Section 93.7 of this bill makes an appropriation to the Nevada Teacher Advancement Scholarship Program AccExistingAccount. law requires an elementary school to provide intervention services and intensive instruction to a pupil during the time the pupil attends the school if the pupil does not obtain a score in the subject area of reading on the criterion- referenced examination in reading that meets the score prescribed by the State Board.

Existing law requires an elementary school to provide intervention services and intensive instruction to a pupil during the time the pupil attends the school if the pupil does not obtain a score in the subject area of reading on the criterion- Board.

(NRS 388A.487, 392.760) Sections 71 and 72 of this bill require a pupil enrolled in grade 3 to be retained in grade 3, rather than promoted to grade 4, if the pupil does not obtain the score in the subject area of reading on a uniform examination in reading that meets the score prescribed by the State Board or receive an exemption by thengthe that meets superintendent of schools of the school district or governing body of the charter school.

Section 76 of this bill revises the information that must be included in a written notice provided to the parent or legal guardian of a pupil enrolled in kindergarten or grade 1, 2 or 3 requires a school to provide certain intervention services and intensive instruction to a pupil who doesexhibits not obtain a passingdeficiency score in the subject area of readingreading. regardless of whether the pupil is retained in grade 3.

Section 77 of this bill requires a school to provide certain intervention services and intensive instruction to a pupil who does not obtain a passing score in the subject area of reading regardless of whether the pupil is retained in grade 3.

Sections 40 and 78 of this bill require certain information relating due to pupils with a good-causedeficiency exemptionin toreading bewho includedwere retained in thegrade annual3 reportor ofnot pupilsretainedretained receivingdue interventionto servicesa andgood-cause intensiveexemption instruction to addressbe aincluded deficiency in the annual report of pupils reading.

Sections 6 and 74 of this bill make conforming changes to refer totociency in provisions that have been renumbered by this bill.

- 82nd Session (2023) – 4 – EXPLANATION – Matter in bolded italics is new;

matter between brackets [omitted material] is material to be omitted.

Review the policy of parental involvement adopted by the State Board and the policy of parental involvement and family - *AB400_R1* – 4 – engagement adopted by the board of trustees of each school district pursuant to NRS 392.457;

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 a college or university within the Nevada System of Higher Education or city or county that sponsors aada charter school pursuant to subsection 3 of NRS 385A.070;

Determine the necessity for the appointment of a statewide parental involvement and family engagement coordinator or a parentalschool involvementdistrict, andor familyboth;family engagement coordinator in each school- district,82nd orSession both;(2023) – 5 – Involvement and Family Engagement created by NRS 385.630 to carry out the duties prescribed in NRS 385.635;

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;

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 - *AB400_R1* – 5 – 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 schoolschoolequired sponsored by the school district.

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 minimumminimumm of number of pupils that must be in a group for that group to yield statistically reliable information.

The State Public Charter School Authority , [and] each college or university within the Nevada System of Higher Education and each city or county 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- or82nd institution,Session as(2023) applicable,– concerning6 the– accountability information prescribed by the Department pursuant to this section.section.lity The Department, in consultation with the State Public Charter School Authority , [and] each college or university within the Nevada System of Higher Education and each city or county 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, in consultation with the State Public Charter School Authority , [and] each college or university within the Nevada System of Higher Education and each city or county 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.

- *AB400_R1* – 6 – 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 cancanSec. understand.

Sec.3.tanNRS 385A.080 is hereby amended to read as follows:

3.

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

(1) Nevada State Education Association;

2.- 82nd Session (2023) – 7 – representatives of parent groups other than the Nevada Parentth Teacher Association 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.

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 recommendations submitted by the representatives with respect to the program.

(a) The board of trustees of each school district, the State Public Charter School Authority , [and] each college or university within the Nevada System of Higher Education and each city or county 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 [,] or city or county, if - *AB400_R1* – 7 – any, or otherwise provide written notice of the availability of the report.

(1) Governor;

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.

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 , the city or the county does not maintain a website, the State Public Charter School Authority , [or] the institution, the city or the county, as applicable, shall- otherwise82nd provideSession for(2023) public– dissemination8 of– the annual report by providing a copy of the report to each charter school it sponsorssponsorst and the parents and guardians of pupils enrolled in each charter school it sponsors.

- *AB400_R1* – 8 – (a) Records of the attendance and truancy of pupils in all grades, includi(1) The average daily attendance of pupils, for each school in the district and the district as a whole, including, without limitation:limitation, each charter school sponsored by the district.

(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.

(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 lim(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.

(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.

(d)- The82nd numberSession of(2023) habitual– truants9 reported– for each school in the district and for the district as a whole, including, withoutwithoutn limitation, the number who are:

(e)(f) PupilsGender;who who are migratory children;

(f) Gender;

- *AB400_R1* – 9 – (h) Pupils in foster care;

(b) The State Public Charter School Authority , [and] each college or university within the Nevada System of Higher Education and each city or county 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 inine 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.

The annual report of accountability prepared pursuant to NRS 385A.070 must include information on the attendance,- truancy82nd andSession transiency(2023) of– pupils,10 including,– without limitation:

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

(b) The number of pupils in each grade who are retained in the same grade pursuant to NRS 392.033 [,] or 392.125 or [392.760,] section 71 of this act, 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 - *AB400_R1* – 10 – charter school sponsored by the district.

(1) Reported to an attendance officer, a school police officer or a local law enforcement agency pursuant to paragraph (a) of subsect(2) Referred to an advisory board to review school attendance pursuant to paragraph (b) 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;

(c)- 82nd Session (2023) – 11 – (d) Pupils withwho disabilities;are English learners;

(d) Pupils who are English learners;

(b) The State Public Charter School Authority, each college or university within the Nevada System of Higher Education and each city or county 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.

- *AB400_R1* – 11 – Sec.

The number of pupils in each grade who are retained in the same grade pursuant to NRS 392.033 [,] or 392.125 or [392.760,] section 71 of this act, reported for each school district, including, without limitation, each charter school in the district, and for this State as a whole.

For the purposes of this subsection, a pupil is not a transient if the pupil is transferred to a different school within the school district as a result of a change in the- zone82nd ofSession attendance(2023) by– 12 – pursuant to NRS 388.040.y the board of trustees of the school district pursuant4. to NRS 388.040.

4.

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.

to the statewide system of accountability for public 2.

If a charter school is sponsored by the State Public Charter School Authority , [or] a college or university within the Nevada System of Higher Education [,] or a city or - *AB400_R1* – 12 – county, the Department shall make a determination for the charter school in consultation with the State Public Charter School Authority , [or] the institution within the Nevada System of Higher Education or the city or county that sponsors the charter school, as applicable.

On or before July 31 of each year,yea(a) Except as otherwise provided in paragraph (b) or (c), the Departmentdetermination shallmade transmit:for each public school to the board of trustees of the school district in which the public school is located.

(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.

(c) The determination made for the charter school to the institution that sponsors the charter school if a charter school is - 82nd Session (2023) – 13 – sponsored by a college or university within the Nevada System of Higher Education [.] or a city or county.

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

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

-8.390NRS *AB400_R1*385A.720 –is 13hereby –amended Sec.to read as follows:

8.

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

(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- within82nd theSession Nevada(2023) System– of14 Higher– Education [.] and all charter schools sponsored by a city or county.county.Education [.] and all 2.

2.

3.the requirement to make ratings for public schools that comply with U.S.C.

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

- *AB400_R1* – 14 – Sec.

Sec.Account is hereby created in the State General Fund.

12.

1.

The Early Childhood Literacy and Readiness Account is hereby created in the State General Fund.

- 82nd Session (2023) – 15 – 3.

4.from any source for deposit in the Account.

The Department may accept gifts and grants of money from any source for deposit in the Account.

2.organization that wishes to receive a grant pursuant to this section must submit an application to the Department.

A school district, sponsor of a charter school or nonprofit organization that wishes to receive a grant pursuant to this section must submit an application to the Department.

- *AB400_R1* – 15 – (a) Includes an implementation plan which is financially sound;

- 82nd Session (2023) – 16 – (c) Has demonstrated sustained success in improving the literacy and readiness for elementary school of children less than 6 years of age;

or (d) Provides services to geographical areas with a higher proportion of children entering kindergarten who have demonstrated a deficit across early learning domains during thetheave immediately preceding 2 years.

and (d) Such other information as may be prescribed by the Department to demonstrate the effectiveness of recipients of a grant awarded pursuant to section 13 of this act in improving the literacy and readiness for elementary school of children less than 6 years of age.

Sec.Secs.

15.15-21.

16.

(Deleted by amendment.) Sec.

17.

(Deleted by amendment.) Sec.

18.

(Deleted by amendment.) Sec.

19.

(Deleted by amendment.) Sec.

20.

(Deleted by amendment.) Sec.

21.

(Deleted by amendment.) Sec.

The Commission on School Funding, consisting of 112. members, is hereby created.

- *AB400_R1* – 16 – 2.

(f) Two members appointed by the Governor, each of whom is the chief financial officer of a school district in this State which has more than 40,000 pupils enrolled in its public schools, nominated by the- Nevada82nd AssociationSession of(2023) School– Superintendents17 or– its successor organization;

andandation of School Superintendents or its successor (g) Two members appointed by the Governor, each of whom is the chief financial officer of a school district in this State which has 40,000 or fewer pupils enrolled in its public schools, nominated by the Nevada Association of School Superintendents or its successor organization.

(d) Have relevant experience in fiscal policy, school finance or similarsim(e) orHave relatedthe financialeducation, activities;experience and skills necessary to effectively execute the duties and responsibilities of a member of the Commission;

(e) Have the education, experience and skills necessary to effectively execute the duties and responsibilities of a member of the Commission;

- *AB400_R1* – 17 – (a) Elect a Vice Chair from among its members at its first meeting for a term of 3 years.

A vacancy in the office of Vice Chair mustthe beexisting filledterm.the by the Commission by election for the remainder of (b) Adopt such rules governing the existingconduct term.of the Commission as it deems necessary.

(b) Adopt such rules governing the conduct of the Commission as it deems necessary.

- 82nd Session (2023) – 18 – 8.

The Department shall provide the Commission with meeting rooms, data processing services and administrative and clerical assistance [.] and undertake any research, analysis, study or other work required by the Commission to carry out its duties pursuant toOffice NRSof 387.12463.Finance shall jointly provide the Commission withand professional staff services.

The Superintendent of Public Instruction and Office of Finance shall jointly provide the Commission with professional staff services.

(c) Review the statewide base per pupil funding amount, the adjusted base per pupil funding for each school district and the multiplier for weighted funding for each category of pupils appropriated by law pursuant to NRS 387.1214 for each biennium and recommend any revisions the Commission determines to be appropriate to create an optimal level of funding for the public schools in this State, including, without limitation, by recommending the creation or elimination of one or more categories of pupils to receive additional weighted funding.

If the Commission - *AB400_R1* – 18 – makes a recommendation pursuant to this paragraph which would require more money to implement than was appropriated from the State Education Fund in the immediately preceding biennium, the Commission shall also identify a method to fully fund the recommendation within 10 years after the date of the recommendation.

(d) Review the laws and regulations of this State relating to education, make recommendations to the Joint Interim Standing Committee on Education for any revision of such laws and - 82nd Session (2023) – 19 – regulations that the Commission determines would improve the efficiency or effectiveness of public education in this State and notify each school district of each such recommendation.

(e) Review and recommend to the Department revisions of the cost adjustment factors for each county established pursuant to NRS 387.1215 and the method for calculating the attendance areaareat to NRS adjustment established pursuant to NRS 387.1218.

(f) Review the academic progress made by pupils in each public school and each private school that enrolls one or more pupils on whose behalf the school was provided a grant pursuant to NRS 388D.270 since the implementation of the Pupil-Centered Funding Plan, including, without limitation, any changes to the academic progress of such pupils as the result of any additional money provided to each such school by the Pupil-Centered Funding PlanPlan. or Nevada Educational Choice Scholarship Program.

(VI) The percentage of pupils in each school who lack a sufficientgrade numberyear;number of credits to graduate by the end of their 12th grade(VII) year;The percentage of pupils in each school who drop out;

(VII) The percentage of pupils in each school who drop out;

- *AB400_R1* – 19 – (IX) The number of pupils who enroll in a vocational or technical school or apprenticeship training program;

(I)- The82nd literacySession rate(2023) for– pupils20 in– first, third and fifth grades;

(I) The literacy rate for pupils in first, third and fifth (II) The number of pupils in elementary school who were promoted to the next grade after testing below proficient in reading in the immediately preceding school year, separated by grade level and by level of performance on the relevant test;

(III) The retention rate for teachers;

(5) Identify the progress made by each school, school district and charter school on improving the literacy of pupils enrolled in elementary school;

- *AB400_R1* – 20 – (6) Make recommendations for strategies to increase the efficacy, efficiency, transparency and accountability of public schools;

and (7) Make recommendations to the Department, school districts and charter schools to improve the reporting, tracking, monitoring, analyzing and dissemination of data relating to pupil achievement and financial accountability, including, without - 82nd Session (2023) – 21 – limitation, revisions to the metrics identified in subparagraphs (1) to (4), inclusive.

(g) Review and consider strategies to improve the accessibility of existing and new programs for pupils within and between public schools,sch2.lsEach including,school district and each charter school shall submit a quarterly report to the Commission that identifies how funding from the Pupil-Centered Funding Plan is being used to improve the academic performance and progress of pupils and includes, without limitation, openall zoning.data or metrics collected by the school district or charter school to demonstrate such improvement.

2.

Each school district and each charter school shall submit a quarterly report to the Commission that identifies how funding from the Pupil-Centered Funding Plan is being used to improve the academic performance and progress of pupils and includes, without limitation, all data or metrics collected by the school district or charter school to demonstrate such improvement.

(a) Present any recommendations pursuant to paragraphs (a) to [(d),] (g), inclusive, of subsection 1 at a meeting of the Joint Interim Standing Committee on Education for consideration and [revision] recommendations by the Committee [.

The Joint Interim StandingStandingn] Committee on Education shall review each recommendation of the Commission and determine whether to] ;

- *AB400_R1* – 21 – Sec.

On or before October 1 of each year, each school district shall create a report that includes a description of the personnel employed and services provided by the school district during the immediately preceding school year and any changes that the- school82nd districtSession anticipates(2023) making– to22 the– personnel and services during the current school year.

The Department shall prescribe by regulation the format and contents of the information to be provided to create the report created by each school district pursuant to subsection 1 and each publicapplicable schooland pursuantwithout tolimitation:on subsection 2.

The reports must include, as applicable(a) andEach withoutgrade limitation:level at which the public school enrolls pupils;

(a) Each grade level at which the public school enrolls pupils;

(g) For each category of pupils for which the public school receives any additional funding, including, without limitation, pupils with disabilities, pupils who are English learners, at-risk pupils and gifted and(1) talentedThe pupils:number of pupils in each category who attend the public school;

(1) The number of pupils in each category who attend the public school;

and - *AB400_R1* – 22 – (3) The number of persons employed to provide instruction, support to pupils, administrative support and other personnel employed by the public school and dedicated to providing services to each category or subcategory of pupils, including, without limitation,- any82nd subgroupSession of(2023) each– kind23 of– personnel prescribed by the Department;

any subgroup of each kind of personnel prescribed by the (h) The total amount of money received to support the operations of the public school, divided by the number of pupils enrolled in the public school and expressed as a per pupil amount;

25.

(Deleted by amendment.) Sec.

26.

(Deleted by amendment.) Sec.

27.

(Deleted by amendment.) Sec.

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

- *AB400_R1* – 23 – (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- requirements82nd ofSession continuing(2023) education,– including,24 without– limitation, the receipt of credit for college courses completed through the use of educational technology;

(a) The State Board.

(c) Establish criteria for the board of trustees of a school district that receives an allocation of money from the Commission to:to:ool district (1) Repair, replace and maintain computer systems.

(1) Repair, replace and maintain computer systems.

- *AB400_R1* – 24 – (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.

- 82nd Session (2023) – 25 – (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 Committeenecessary.and and the Department as the Commission deems necessary.6.

6.

The Commission may appoint an advisory committee composed of members of the Commission or other qualified persons to provide recommendations to the Commission regarding standards for the establishment, coordination and use of a telecommunications network in the public schools throughout the various school districts in this State.

28.3.

Chapter 388A of NRS is hereby amended by adding thereto the provisions set forth as sections 28.5 and 28.7 of this act.

Sec.

28.5.

1.

The State Public Charter School Authority may award money to a charter school for the transportation of pupils to the extent money has been appropriated for that purpose.

- 82nd Session (2023) – 26 – 2.

A charter school must not receive money pursuant to subsection 1 unless the State Public Charter School Authority has approved a transportation plan for the charter school.

3.

Each charter school that wishes to receive money pursuant Public Charter School Authority.

The State Public Charter School Authority may approve the transportation plan of a charter school if it determines:

(a) The transportation plan is comprehensive and likely to be successfully implemented;

(b) The transportation plan will materially improve access to education in the region served by the transportation plan;

(c) The transportation plan demonstrates that the charter school will be able to comply with statutory and regulatory transportation requirements, including, without limitation, the certification of bus drivers and vehicle safety;

(d) The transportation plan is financially viable;

(e) The transportation plan would not cost more, on a per pupil basis, than the average cost for transportation for other public schools operating in the school district in which the charter school is located;

and (f) The academic, financial and organizational performance of the charter school indicate that the transportation plan is in the interest of pupils who will be served by the transportation plan.

Sec.

28.7.

1.

On or before February 1 of each year, a city or county that sponsors a charter school shall submit a report to the Department, the State Public Charter School Authority and the next regular session of the Legislature, if the report is submitted in an odd-numbered year, or to the Legislative Commission, if the report is submitted in an even-numbered year.

The report must set forth:

(a) The location of the charter school;

(b) The geographic area of the city or county served by the charter school;

(c) The total number of pupils enrolled in the charter school;

(d) The number and percentage of pupils enrolled in the charter school by each zip code of the city or county served by the charter school;

(e) The number and percentage of pupils enrolled in the charter school from major racial and ethnic groups;

(f) The number and percentage of pupils enrolled in the charter school whose household has a household income which:

- 82nd Session (2023) – 27 – signifying poverty;than 100 percent of the federally designated level (2) Is more than 100 percent but not more than 200 percent of the federally designated level signifying poverty;

(3) Is more than 200 percent but not more than 300 percent of the federally designated level signifying poverty;

and (4) Is more than 300 percent of the federally designated level signifying poverty;

(g) The number and percentage of pupils enrolled in the charter school who are eligible for free or reduced-priced lunches pursuant to 42 U.S.C.

§§ 1751 et.

seq.;

(h) The number and percentage of pupils enrolled in the charter school who have individualized education programs;

(i) The number and percentage of pupils enrolled in the charter school who are English learners;

(j) The number and percentage of pupils enrolled in the charter school who were previously enrolled in a Title I school;

and(k) The number and percentage of pupils enrolled in the charter school who have disabilities.

2.

The report required pursuant to this section must not include any personally identifiable information of pupils.

Sec.

- *AB400_R1* – 25 – 1.

The process for submission of an application to form a charter school to the board of trustees of a school district , [and] a college or university within the Nevada System of Higher Education [,] and a city or county, and the contents of the application;application;tion 3.

3.

The criteria and type of investigation that must be applied by the board of trustees of a school district , [and] a college or university within the Nevada System of Higher Education and a city or county in determining whether to approve an application to form - 82nd Session (2023) – 28 – a charter school, an application to renew a charter contract or a request for an amendment of a charter contract;

The process for submission of an amendment of a charter contract to the board of trustees of a school district , [and] a college or university within the Nevada System of Higher Education and a city or county pursuant to NRS 388A.276 and the contents of thethea application;

and (c) Directing the proportionate share of any money available from federal and state categorical grant programs to charter schools - *AB400_R1* – 26 – which are sponsored by the State Public Charter School Authority , [or] a college or university within the Nevada System of HigherHighery , Education or a city or county that are eligible to receive such money.

- 82nd Session (2023) – 29 – (a) In consultation with the Department and each board of trustees of a school district , [and] college or university within the Nevada System of Higher Education and city or county that sponsors a charter school, review all statutes and regulations from which charter schools are not exempt and determine whether such statutes and regulations assisted or impeded the charter schools in achieving their academic, fiscal and organizational goals and objectives;

The board of trustees of a school district may apply to the Department for authorization to sponsor charter schools within the school district in accordance with the regulations adopted application must be approved by the Department pursuantbefore tothe NRSboard 388A.105of ortrustees 388A.110.may sponsor a charter school.

An application must be approved by the Department before the board of - *AB400_R1* – 27 – trustees may sponsor a charter school.

A college or university within the Nevada System of Higher Education may submit an application to the Department to sponsor charter schools in accordance with the regulations adopted by the Department- pursuant82nd toSession NRS(2023) 388A.105– 30 – application must be approved by the Department before a college or 388A.110.university within the Nevada System of Higher Education may sponsor charter schools.

An application must be approved by the Department before a college or university within the Nevada System of Higher Education may sponsor charter schools.

(a) May not sponsor a new charter school or allow an existing charter school sponsored by the city or county to increase enrollment or operate an additional campus of an existing charter school sponsored by the city or county if the total number of pupils enrolled in charter schools insponsored by the city or county is 7 percent or more of the number of pupils enrolled in public schools in the city or county other than charter schools inthat are not spo(b) May only sponsor a charter school which is located entirely within the incorporated area of the city or county.the unincorporated area of the county, as applicable.

(b) May only sponsor a charter school which is located entirely within the incorporated area of the city or the unincorporated area of the county, as applicable.

Before a board of trustees of a school district , [or] a college or university within the Nevada System of Higher Education or a city or county that is approved to sponsor charter schools approves an application to form a charter school, the board of trustees , [or] college or university [,] or city or county, as - *AB400_R1* – 28 – applicable, shall prepare, in collaboration with the Department and, to the extent practicable, the school district in which the proposed charter school will be located and any other sponsor of a charter school located in that school district, an evaluation of the demographic information of pupils, the academic needs of pupils and the needs of any pupils who are at risk of dropping out of school in the geographic areas served by the sponsor.

On or before January 31 of each year, the State Public Charter School Authority shall prepare, in collaboration with the Department and, to the extent practicable, the board of trustees of - 82nd Session (2023) – 31 – each school district in this State and any other sponsor of a charter school in this State, an evaluation of the demographic information of pupils, the academic needs of pupils and the needs of any pupils who are at risk of dropping out of school in this State.

Sec.388A.229 NRS 1.

33.

NRS 388A.229 is hereby amended to read as follows:

388A.229 1.

Any data reported pursuant to this subsection must be reported in a manner that complies with the Family Educational Rights andandin a Privacy Act of 1974, 20 U.S.C.

The State Board may adopt regulations to place requirements on the manner in which data is reported by the board of trustees of a school district , [or] a college or university within the Nevada System of Higher Education or a city or county that - *AB400_R1* – 29 – sponsors a charter school including, without limitation, the manner in which data must be aggregated or disaggregated in any report.

- 82nd Session (2023) – 32 – Sec.

If an application proposes to convert an existing public school, homeschool or other program of home study into a charter school, the proposed sponsor shall deny the application.

(e) Base its determination on documented evidence collected throughthr(f) Adhere to the processpolicies ofand reviewingpractices developed by the application;proposed sponsor pursuant to subsection 2 of NRS 388A.223;

(f) Adhere to the policies and practices developed by the proposed sponsor pursuant to subsection 2 of NRS 388A.223;

- *AB400_R1* – 30 – (1) Complies with this chapter and the regulations applicable to charter schools;

(b)- The82nd applicantSession has(2023) demonstrated– competence33 in– accordance with the criteria for approval prescribed by the sponsor pursuant to subsection 2 of NRS 388A.223 that will likely result in a successful opening and operation of the charter school;

The identity of each member of the team of reviewers assembled by a proposed sponsor of a charter school is confidential for 5 years after the review of an application to form a charter school is complete and must not be disclosed unless ordered by a district court in an action brought pursuant to subsection 3 of NRSNRS5.88AOn 388A.255.or before January 1 of each odd-numbered year, the Superintendent of Public Instruction shall submit a written report to the Director of the Legislative Counsel Bureau for transmission to the next regular session of the Legislature.

5.

On or before January 1 of each odd-numbered year, the Superintendent of Public Instruction shall submit a written report to the Director of the Legislative Counsel Bureau for transmission to the next regular session of the Legislature.

(a) A list of each application to form a charter school that was submitted to the board of trustees of a school district, the State Public Charter School Authority, a college or a university or a city or county during the immediately preceding biennium;

If the board of trustees of a school district , [or] a college or a university within the Nevada System of Higher Education [, as applicable,] or a city or county receives an application to form a charter school, the board of trustees , [or] the institution [,] or the city or county, as applicable, shall consider the application at a meeting that must be held not later than 60 days after the receipt of the application, or a later period mutually agreed upon by the committee to form the charter school and the board of trustees of the school district , [or] the institution [,] or the city or county, as applicable, and ensure that notice of the meeting has been - *AB400_R1* – 31 – provided pursuant to chapter 241 of NRS.

The board of trustees, the college or [the] university [,] or the city or county, as applicable, - 82nd Session (2023) – 34 – shall review an application in accordance with the requirements for review set forth in subsections 2 and 3 of NRS 388A.249.

The board of trustees, the college or [the] university [,] or the city or county, as applicable, may approve an application if the requirementsreq3. of subsection 3 of NRS 388A.249 are satisfied.

3.

388A.258 Notwithstanding the provisions of NRS 388A.249, 388A.252 and 388A.255, the State Public Charter School Authority may adopt regulations establishing timelines and procedures by which the State Public Charter School Authority will review applications and the board of trustees of a school district , [that is approved to sponsor charter schools or] a college or university within the Nevada System of Higher Education or city or countycountyy that is approved to sponsor charter schools may adopt policies establishing timelines and procedures by which the board of trustees , [or] college or university [,] or city or county, as applicable, will review applications.

- *AB400_R1*82nd Session (2023) – 3235 – Sec.388A.270 NRS 1.

37.

NRS 388A.270 is hereby amended to read as follows:

388A.270 1.

2.governing body of the charter school and:

Theby chartera contractmember mustof bethe signed(a) byIf athe memberboard of thetrustees governingof bodya school district is the sponsor of the charter school, the superintendent of schools of the school and:district;

(a) If the board of trustees of a school district is the sponsor of the charter school, the superintendent of schools of the school district;

Before the charter contract is executed, the sponsor of the charter school must approve the charter contract at a meeting of the sponsorspo4. held in accordance with chapter 241 of NRS.

4.

- 82nd Session (2023) – 36 – 6.

- *AB400_R1* – 33 – (a) The State Public Charter School Authority shall be deemed the sponsor of the charter school.

(b) Neither the State of Nevada, the State Board, the State Public Charter School Authority nor the Department is an employer of the members of the governing body of the charter school or any of the employees of the charter school.

The sponsor of the charter school may require, or the governing body of the charter school may request that the sponsor authorize, the charter school to delay commencement of operation for 1 school year.

charter school to Sec.

(b) Increasing the total enrollment of a charter school or the enrollment of pupils in a particular grade level in the charter school - 82nd Session (2023) – 37 – for a school year to more than 120 percent of the enrollment prescribed in the charter contract for that school year.

(c) Reducing the total enrollment of a charter school or the enrollment of pupils in a particular grade level in the charter school -in *AB400_R1*the –charter 34contract – for athat school yearyear.the enrollment prescribed (d) Seeking to lessacquire thanan 80additional percentfacility in any county of thethis enrollmentState prescribedto inexpand the charterenrollment contractof forthe thatcharter schoolschool. year.

(d) Seeking to acquire an additional facility in any county of this State to expand the enrollment of the charter school.

or (b) The governing body does not have a comprehensive and feasible plan to operate additional facilities.facilities.ehensive and Sec.

Sec.

If the board of trustees of a school district , [or] a college or university within the Nevada System of Higher Education or a city or county is the sponsor of the charter school, the governing body and the sponsor must enter into a service agreement pursuant to - 82nd Session (2023) – 38 – NRS 388A.381 before the provision of such services other than for the provision of school police officers when the provisions of NRS 388A.384 apply.

If the board of trustees of a school district provides services to a charter school pursuant to this section or NRS 388A.474, it shall not charge more than its cost for providing such services determined on a cost per pupil basis.basis.st for providing such 2.

- *AB400_R1* – 35 – 2.

388A.487operates 1.as an elementary school shall adopt rules for the provision of intervention services and intensive instruction to and the academic retention of pupils who are enrolled in the charter school that are consistent with NRS 392.750, 392.760 and 392.765 [.] and section 71 of this act.

The governing body of a charter school that operates as an elementary school shall adopt rules for the provision of intervention services and intensive instruction to and the academic retention of pupils who are enrolled in the charter school that are consistent with NRS 392.750, 392.760 and 392.765 [.] and section 71 of this act.

(c)- Require82nd aSession pupil(2023) enrolled– in39 grade– 3 to be retained in the same grade, rather than promoted to grade 4, when requiredrequiredin the pursuant to section 71 of this act.

[were:] (1) [Designated] Were designated in grade 3 to be provided intervention services and intensive instruction while enrolled in an elementary school of a charter school pursuant to NRS 392.760 for a - *AB400_R1* – 36 – deficiency in the subject area of reading, including whether or not any such pupils were previously provided intervention services and intensive instruction while enrolled in an elementary school of a charter school;

(I) Did not improve at a rate prescribed by the governing body of a charter school, indicating a need for more intensive ororng different interventions;

(b) Submit a copy of the report to the Department, the LegislatureLeg(c) Post the report on the Internet website maintained by the charter school and otherwise make the sponsorreport available to the parents and legal guardians of pupils enrolled in the charter school;school and the general public.

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

Sec.41-49.

41.

42.

(Deleted by amendment.) Sec.

43.

(Deleted by amendment.) Sec.

44.

(Deleted by amendment.) Sec.

45.

(Deleted by amendment.) Sec.

46.

(Deleted by amendment.) Sec.

47.

(Deleted by amendment.) Sec.

48.

(Deleted by amendment.) Sec.

49.

(Deleted by amendment.) Sec.

Except as otherwise provided in subsection 10, the empowerment team of a public school, other than a charter school that is sponsored by the State Public Charter School - 82nd Session (2023) – 40 – Authority , [or] by a college or university within the Nevada System of Higher Education [,] or by a city or county, that develops an empowerment plan pursuant to NRS 388G.120 shall submit the proposed empowerment plan to the designee of the board of trustees - *AB400_R1* – 37 – appointed pursuant to this subsection for review and approval pursuant to this section.

and (b) Provide the empowerment team with a reasonable opportunity to correct any deficiencies identified in the written statement and resubmit it for approval.

- 82nd Session (2023) – 41 – 6.

Except as otherwise provided in subsection 10, the empowerment team may submit a written request to the board of trustees for an amendment to the empowerment plan approved pursuant to this section, including an explanation of the reason for manner as the amendment.empowerment plan was approved.

An amendment must be approved in the same manner7. as the empowerment plan was approved.

- *AB400_R1* – 38 – 7.

10.to the exception provided in subsection 2 of NRS 388G.100, thet principal of the school shall carry out the responsibilities and duties assigned to the empowerment team pursuant to this section.

If an empowerment team has not been established pursuant to the exception provided in subsection 2 of NRS 388G.100, the principal of the school shall carry out the responsibilities and duties assigned to the empowerment team pursuant to this section.

The State Board shall review each proposed empowerment plan and approve or deny the plan, including a request for a waiver from a statute contained in this title or a regulation of the State - 82nd Session (2023) – 42 – Board or the Department, if applicable.

The approval or denial of an empowerment plan must be based solely upon the contents of the plan and may not consider the amount of money required to carry out the empowerment plan if the plan is within the limits of the total apportionment to the charter school pursuant to subsection 4 of NRS 388G.120.

to the charter school pursuant to subsection 4 of 3.

Except as otherwise provided in subsection 7, if the State Board approves an empowerment plan, the President of the State - *AB400_R1* – 39 – Board, the principal of the charter school and the chair of the empowerment team, if the principal is not the chair, shall each sign the plan.

Except as otherwise provided in subsection 7, an empowerment plan for a charter school that is sponsored by the State Public Charter School Authority , [or] by a college or university within the Nevada System of Higher Education or by a city or county is not effective and a charter school shall not operate as an empowerment school unless the plan is signed by the President of the State Board, the principal of the charter school and the chair of the empowerment team, if the principal is not the chair.

the chair 6.

Each empowerment school, other than a charter school that is sponsored by the State Public Charter School Authority , [or] by a college or university within the Nevada System of- Higher82nd EducationSession [,](2023) or– by43 a– city or county, shall, on a quarterly basis, submit to the board of trustees of the school district in which the school is located a report that includes:

Each charter school that is sponsored by the State Public Charter School Authority , [or] by a college or university within the Nevada System of Higher Education or by a city or county which is - *AB400_R1* – 40 – approved to operate as an empowerment school shall, on a quarterly basis, submit to the Department a report that includes:

The board of trustees of a school district shall conduct a financial audit of each empowerment school within the school district, other than a charter school that is sponsored by the State Public Charter School Authority , [or] by a college or university within the Nevada System of Higher Education [.] or by a city orory county.

(b)(c) Department;Joint Interim Standing Committee on Education.

and (c) Joint Interim Standing Committee on Education.

Sec.Secs.

53.53 and 54.

(Deleted by amendment.) - 82nd Session (2023) – 44 – Sec.

54.

(Deleted by amendment.) Sec.

On or before November 1 of each year, the State BoardBoa1. shall:

1.shReview all Teach Nevada Scholarships awarded for the immediately preceding academic year;

Review all Teach Nevada Scholarships awarded for the immediately preceding academic year;

- *AB400_R1* – 41 – (c) The total cost of all Teach Nevada Scholarships;

and (g) The number of scholarship recipients who subsequently fulfilledful3.lleSubmit the requirementsreport ofcompiled pursuant to subsection 42 to the Governor and the Director of NRSthe 391A.585;Legislative Counsel Bureau for distribution to the next regular session of the Legislature.

and 3.

Submit the report compiled pursuant to subsection 2 to the Governor and the Director of the Legislative Counsel Bureau for distribution to the next regular session of the Legislature.

“Nevada Teacher Advancement Scholarship” means a scholarship awarded by a university, college or other provider of an alternative licensure program to a student pursuant to section 64 of this act.

“Other provider of an alternative licensure program” means an entity, other than a university or college, - 82nd Session (2023) – 45 – which has been approved by the Commission on Professional Standards in Education in accordance with the regulations adopted pursuant to NRS 391.019 to provide education and training to a student which will lead to an alternative route to licensurelicSec. for the student.

Sec.

and - *AB400_R1* – 42 – (b) Unexpended appropriations made to the Account from the State General Fund,  must be credited to the Account.

(a) Award grants to universities, colleges and other providers of an alternative licensure program that are approved to award Nevadaof Teacherthis Advancementact.Advancement Scholarships pursuant to section (b) Disburse the money retained pursuant to paragraph (b) of subsection 2 of section 63 of this act to a scholarship recipient who meets the requirements of subsection 4 of section 64 of this act.

(b) Disburse the money retained pursuant to paragraph (b) of subsection 2 of section 63 of this act to a scholarship recipient who meets the requirements of subsection 4 of section 64 of this act.

(a)- Establish82nd theSession number(2023) of– Nevada46 Teacher– Advancement Scholarships that will be available each year based upon the amount of money available in the Account.

- *AB400_R1* – 43 – (1) Have successfully completed a teacher preparatory program at a public school established pursuant to subsection 4 of NRS 388.380;

(2) Intend to teach in public schools in this State which have thet(3) highestHave shortagebeen ofeconomically teachers;disadvantaged or belong to a racial or ethnic minority group;

(3) Have been economically disadvantaged or belong to a racial or ethnic minority group;

A student may apply for a Nevada Teacher Advancement Scholarship from a university, college or other provider of an - 82nd Session (2023) – 47 – alternative licensure program that receives a grant from the Account only if:

(a) The student attends or has been accepted to attend the university, college or other provider of an alternative licensure programpro(b) toThe completestudent has taught in a programpublic describedschool in subsectionthis 1;State for not less than 2 of the immediately preceding 5 years.

and (b) The student has taught in a public school in this State for not less than 2 of the immediately preceding 5 years.

Such students may include, without limitation, students who have - *AB400_R1* – 44 – completed a bachelor’s degree and taught in a public school in this State for at least 2 years.

(a) Not to exceed the cost of receiving a master’s degree at a public university in this State prorated over the number of semesterssem(b) requiredEqual forto the studentdifference between the amount of tuition,nd registration fees and other mandatory fees charged to completethe student for the program;program described in subsection 1 of section 63 of this act, excluding any amount of the tuition and fees that is waived by the university, college or other provider of an alternative licensure program, and the total amount of any other gift aid received by the student.

and (b) Equal to the difference between the amount of tuition, registration fees and other mandatory fees charged to the student for the program described in subsection 1 of section 63 of this act, excluding any amount of the tuition and fees that is waived by the university, college or other provider of an alternative licensure program, and the total amount of any other gift aid received by the student.

A scholarship recipient may only receive the 25 percent of the scholarship money that is retained by the State Board pursuant to- paragraph82nd (b)Session of(2023) subsection– 48 – scholarship recipient:bsection 2 of section 63 of this act if the scholarship(a) recipient:Completes the program for which he or she was awarded the scholarship;

(a) Completes the program for which he or she was awarded the scholarship;

6.scholarship awarded to a student which is restricted for use only to pay for tuition, registration fees or other mandatory fees.

As used in this section, “gift aid” means any grant or scholarship awarded to a student which is restricted for use only to pay for tuition, registration fees or other mandatory fees.

If a scholarship recipient does not complete the program for which the scholarship was awarded for any reason, including, without limitation, withdrawing from the university, - *AB400_R1* – 45 – college or other provider of an alternative licensure program or pursuing another course of study, the university, college or other provider of an alternative licensure program that awarded the scholarship must pay to the State Board for credit to the Account:

(a) Any amount of money that the university, college or other provider of an alternative licensure program has received but has not yet disbursed to the scholarship recipient pursuant to section 64 of this act;

and (b) An amount of money equal to the total amount of money disbursed to the scholarship recipient pursuant to section 64 of thi2.acIf a scholarship recipient completes the program for which the scholarship was awarded on schedule, as described in the application for the scholarship submitted pursuant to section 63 of this actact, orto $1,000,the whicheverextent that money is less.available for this purpose, the State Board shall pay $1,000 to the university, college or other provider of an alternative licensure program that awarded the scholarship.

2.Any money received by a university, college or other provider of an alternative licensure program pursuant to this - 82nd Session (2023) – 49 – section must be used to pay costs associated with providing a program described in subsection 1 of section 63 of this act.

If a scholarship recipient completes the program for which the scholarship was awarded on schedule, as described in the application for the scholarship submitted pursuant to section 63 of this act, to the extent that money is available for this purpose, the State Board shall pay $1,000 to the university, college or other provider of an alternative licensure program that awarded the scholarship.

Any money received by a university, college or other provider of an alternative licensure program pursuant to this section must be used to pay costs associated with providing a program described in subsection 1 of section 63 of this act.

1.awarded for the immediately preceding academic year;ships 2.

Review all Nevada Teacher Advancement Scholarships awarded for the immediately preceding academic year;

2.

and - *AB400_R1* – 46 – (g) The number of scholarship recipients who subsequently fulfilledandfilled the requirements of subsection 4 of section 64 of this act;

and 3.

A public or private university, college or other provider of an alternative licensure program in this State is eligible to apply to the State Board for a grant from the Account to award scholarships to students who attend the university, college or other provider of an alternative licensure program to complete a program offered- by82nd theSession university,(2023) college– or50 other– provider of an alternative licensure program that has been approved by the State Board andandrnative which:

The State Board shall retain 25 percent of such an award in the Account for disbursement to a scholarship recipient who meets the requirements of subsection 4 of NRS 391A.585.

or - *AB400_R1* – 47 – (2) Are veterans or the spouses of veterans.

(b) May prioritize the award of grants from the Account to a university, college or other provider of an alternative licensure program that demonstrates the university, college or other provider of an alternative licensure program will provide scholarships to a greatergre[(a) numberAre veterans or the spouses of recipientsveterans;] who:(1) Agree to complete the requirements to obtain an endorsement to teach English as a second language or an endorsement to teach special education;

[(a) Are veterans or the spouses of veterans;] (1) Agree to complete the requirements to obtain an endorsement to teach English as a second language or an endorsement to teach special education;

or [(d)]- (4)82nd WillSession be(2023) eligible– to51 teach– in a subject area for which there is a shortage of teachers.

Such a subject area may include,include,h without limitation, science, technology, engineering, mathematics, special education or English as a second language.

and (b) The student [agrees to complete the requirements to obtain an endorsement to teach English as a second language or an endorsement to teach special education.] obtained a high school diploma awarded by a public or private high school located in this State or public high school that is located in a county that borders this State and accepts pupils who are residents of this State or successfully completed the high school equivalency assessment selectedyears byof theage.he State Board pursuant to NRS 390.055 before 20 years5. of age.

5.

Each university, college or other provider of an alternative licensure program that is awarded a grant of money from the Account pursuant to NRS 391A.580 shall use the money to award Teach Nevada Scholarships to students who will attend the university, college or other provider of an alternative licensure - *AB400_R1* – 48 – program with the intent to complete a program described in subsection 1 of NRS 391A.580.

Such students may include, without limitation:lim(a) Recent high school graduates who enroll in a program described in subsection 1 of NRS 391A.580;

(a) Recent high school graduates who enroll in a program described in subsection 1 of NRS 391A.580;

(d)- Students82nd whoSession possess(2023) a– bachelor’s52 degree– in a field other than education who pursue an alternative route to licensure as a teacher;

and (b) Equal to the difference between the amount of tuition, registration fees and other mandatory fees charged to the student for the program described in subsection 1 of NRS 391A.580, excluding any amount of the tuition and fees that is waived by the university, college or other provider of an alternative licensurelicensuree program, and the total amount of any other gift aid received by the student.

A university, college or other provider of an alternative licensure program that awards a Teach Nevada Scholarship shall, at the beginning of each semester disburse to the scholarship recipient 75 percent of the scholarship money awarded to the scholarship recipient for the semester.

(b) Maintains employment as a teacher at a public school in this State for 5 consecutive school years immediately following - *AB400_R1* – 49 – completion of the program unless the State Board waives this requirement for good cause shown;

To receive the 25 percent of the scholarship money retained by the State Board pursuant to paragraph (b) of subsection 2 of NRS 391A.580, a scholarship recipient who meets the requirements set forth in subsection 4 must request the State Board to disburse the money within 1 year after the 5-year anniversary of the date on - 82nd Session (2023) – 53 – which the scholarship recipient meets the requirements of subsection 4.

As used in this section, “gift aid” means any grant or scholarship awarded to a student which is restricted for use only to paypaySec. for tuition, registration fees or other mandatory fees.

Sec.

Chapter 392 of NRS is hereby amended by addingadding. thereto the provisions set forth as sections 70.5, 71 and 72 of this act.

thereto the provisions set forth as sections 70.5, 71 and 72 of this act.

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

- *AB400_R1* – 50 – 4.

If a principal of a school determines that a pupil is not academically ready for promotion to grade 4 after being retained in grade 3 and the pupil received intensive instructional services pursuant to NRS 392.760, the school district in which the pupil is enrolled must allow the parent or legal guardian of the pupil to decide, in consultation with the principal of the school, whether to place the pupil in a transitional setting which is designed to produce- learning82nd gainsSession sufficient(2023) for– the54 pupil– to meet the performance standards required for grade 4, while continuing to receive remediation in the subject area of reading.

and (c) An alternative examination for administration to pupils enrolled in grade 3 who do not obtain the passing score in the subject area of reading on the uniform examination administered pursuant to paragraph (a) and the passing score such a pupil must obtain on the alternative examination to be promoted to grade 4 without the approval for a good-cause exemption pursuant to sectionsecSec. 72 of this act.

Sec.

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

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

(b) Demonstrates, through a portfolio of the pupil’s work, proficiency in reading at grade level, as evidenced by demonstration of mastery of the academic standards in reading beyond grade 3;

- *AB400_R1* – 51 – (c) Is an English learner and has received not less than 2 years of instruction in a program of instruction that teaches English as a second language;

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

- 82nd Session (2023) – 55 – (e) Is a pupil with a disability and his or her individualized education program indicates that the pupil’s participation in the uniform examination administered pursuant to paragraph (a) of subsection 5 of section 71 of this act is not appropriate;

or (f)(f)(1) IsHe aor pupilshe withparticipates ain disabilitythe and:uniform examination administered pursuant to paragraph (a) of subsection 5 of section of this act;

(1) He or she participates in the uniform examination administered pursuant to paragraph (a) of subsection 5 of section 71 of this act;

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

A principal who determines that a pupil is eligible for a good-cause exemption pursuant to subsection 3 shall notify the parent or legal guardian of the pupil if the superintendent of - *AB400_R1* – 52 – schools of the school district or the governing body of the charter school, as applicable, has approved the good-cause exemption.

The principal of a school in which a pupil for whom a good-cause exemption is approved pursuant to subsection 3 and who is promoted to grade 4 must ensure that the pupil continues to - 82nd Session (2023) – 56 – be provided intervention services and intensive instruction in the subject area of reading pursuant to NRS 392.760.

§ 1414(d)(I)(A).141Sec.

Sec.

Each advisory board to review school attendance createdcre(a) Review the records of the attendance and truancy of pupils submitted to the advisory board to review school attendance by the board of trustees of the school district , [or] the State Public Charter School Authority or a college or university within the Nevada System of Higher Education or a city or county that sponsors a charter school pursuant to NRSsubsection 392.1263 shall:of NRS 385A.240;

(a) Review the records of the attendance and truancy of pupils submitted to the advisory board to review school attendance by the board of trustees of the school district , [or] the State Public Charter School Authority or a college or university within the Nevada System of Higher Education or a city or county that sponsors a charter school pursuant to subsection 3 of NRS 385A.240;

- *AB400_R1* – 53 – (d) At least annually, evaluate the effectiveness of those programs;

- 82nd Session (2023) – 57 – (e) Establish a procedure for schools and school districts for the reporting of the status of pupils as habitual truants;

and (f) Inform the parents and legal guardians of the pupils who are enrolled in the schools within the district of the policies and procedurespro2. adopted pursuant to the provisions of this section.

2.The chair of an advisory board may divide the advisoryn.

The chair of an advisory board may divide the advisory board into subcommittees.

An advisory board to review school attendance created in a county pursuant to NRS 392.126 may use money appropriated by the Legislature and any other money made available to the advisory board for the use of programs to reduce the truancy of pupils in the shall, on a quarterly basis, provide to the board of trustees of the school district an accounting of the money used by the advisory board to review school attendance to reduce the truancy of pupils in the school district.

The advisory board to review school attendance shall, on a quarterly basis, provide to the board of trustees of the school district an accounting of the money used by the advisory board to review school attendance to reduce the truancy of pupils in the school district.

Identify the educational programs and services that the pupil will receive to improve the pupil’s proficiency in the subject area of - *AB400_R1*82nd Session (2023) – 5458 – reading, including, without limitation, the programs and services included in the plan to improve the literacy of pupils enrolled in elementary school that has been approved by the Department pursuant to NRS 388.157;

2.proficiency in the subject area of reading before the completion of grade 3, the pupil will be retained in grade 3, rather than promoted to grade 4, unless the pupil receives a good-cause exemption pursuant to section 72 of this act, and the school will provide the pupil with intervention services and intensive instruction each year that the pupil is enrolled in the elementary school, unless it is determined that such services and instruction are no longer necessary;

Explain that if the pupil does not achieve adequate proficiency in the subject area of reading before the completion of grade 3, the pupil will be retained in grade 3, rather than promoted to grade 4, unless the pupil receives a good-cause exemption pursuant to section 72 of this act, and the school will provide the pupil with intervention services and intensive instruction each year that the pupil is enrolled in the elementary school, unless it is determined that such services and instruction are no longer necessary;

Describe the policy and specific criteria adopted by the board of trustees of the school district or governing body of a charter school, as applicable, pursuant to NRS 392.765 regarding [the] :

and (b) The promotion of a pupil to grade 4 at any time during the school year if the pupil is retained in grade 3 pursuant to section 71 of this act;

- 82nd Session (2023) – 59 – 9.

Explain that a plan to monitor the growth of the pupil in the subject area of reading will regularly assess the pupil and the - *AB400_R1* – 55 – elementary school will provide notice to the parent or legal guardian the status of the growth of the pupil;

and 10.pupil will be adjusted to improve the deficiency in the subject area of reading.

Explain that services and the programs provided to the pupil will be adjusted to improve the deficiency in the subject area of reading.

Such instruction must include, without limitation, strategies based upon evidence-based research that will improve proficiency in the subject area of reading.

Each public school shall offer a pupil who is enrolled in grade 2 or grade 3 in the school and does not obtain a score in the subject- area82nd ofSession reading(2023) on– the60 uniform– examination administered pursuant to paragraph (a) of subsection 5 of section 71 of this act that meets the passing score prescribed by the State Board the opportunity to enroll in summer school at the public school.

- *AB400_R1* – 56 – Sec.

[and] (b) Received educational programs or services identified pursuantwhose toproficiency subsectionin 1the subject area of NRSreading:rade 392.750level atand each(1) gradeDid levelnot andimprove whoseat proficiencya inrate prescribed by the subjectboard areaof trustees of reading:the school district, indicating a need for more intensive or different interventions;

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

and (d) Were not retained in grade 3 because a good-cause exemption was approved pursuant to section 72 of this act but who wereof previously2 years.usly retained in kindergarten or grade 1 or 2 for a total of2. 2 years.

2.

Sec.Secs.

79.79-92.

(Deleted by amendment.) - 82nd Session (2023) – 61 – Sec.

80.

(Deleted by amendment.) Sec.

81.

(Deleted by amendment.) Sec.

82.

(Deleted by amendment.) Sec.

83.

(Deleted by amendment.) Sec.

84.

(Deleted by amendment.) Sec.

85.

(Deleted by amendment.) Sec.

86.

(Deleted by amendment.) - *AB400_R1* – 57 – Sec.

87.

(Deleted by amendment.) Sec.

88.

(Deleted by amendment.) Sec.

89.

(Deleted by amendment.) Sec.

90.

(Deleted by amendment.) Sec.

91.

(Deleted by amendment.) Sec.

92.

(Deleted by amendment.) Sec.

There is hereby appropriated from the State General Fund to the Department of Education the sum of $1,000,000 for the cost of supporting the operations of the Commission on School Funding and the completion of reports pursuantpur2.anAny toremaining NRSbalance 387.12468,of asthe amendedappropriation bymade sectionbyis 24 of this act.

2.subsection 1 must not be committed for expenditure after June 30, 2025, by the entity to which the appropriation is made or any entity to which money from the appropriation is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after September 19, 2025, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State General Fund on or before September 19, 2025.

Any remaining balance of the appropriation made by subsection 1 must not be committed for expenditure after June 30, 2025, by the entity to which the appropriation is made or any entity to which money from the appropriation is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after September 19, 2025, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State General Fund on or before September 19, 2025.

93.3.

1.

There is hereby appropriated from the State General Fund to the State Public Charter School Authority for awards of money to charter schools for the transportation of pupils pursuant to section 28.5 of this act the following sums:

For the Fiscal Year 2023-2024...............................$7,000,000 For the Fiscal Year 2024-2025...............................$7,000,000 2.

Any balance of the sums appropriated by subsection 1 remaining at the end of the respective fiscal years must not be committed for expenditure after June 30 of the respective fiscal years by the entity to which the appropriation is made or any entity to which money from the appropriation is granted or otherwise transferred in any manner, and any portion of the appropriated September 20, 2024, and September 19, 2025, respectively, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State General Fund on or before September 20, 2024, and September 19, 2025, respectively.

Sec.

Any balance of the sums appropriated by subsection 1 remaining at the end of the respective fiscal years must not be committed for expenditure after June 30 of the respective fiscal years by the entity to which the appropriation is made or any entity to which money from the appropriation is granted or otherwise transferred- in82nd anySession manner,(2023) and– any62 portion– of the appropriated money remaining must not be spent for any purpose afterafterpriated September 20, 2024, and September 19, 2025, respectively, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State General Fund on or before September 20, 2024, and September 19, 2025, respectively.

For the Fiscal Year 2023-2024...............................$2,000,000 For the Fiscal Year 2024-2025...............................$2,000,000 - *AB400_R1* – 58 – 2.

Any balance of the sums appropriated by subsection 1 remaining at the end of the respective fiscal years must not be committed for expenditure after June 30 of the respective fiscal years by the entity to which the appropriation is made or any entity to which money from the appropriation is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after September 20, 2024, and September 19, 2025, respectively, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State General Fund on or before September 20, 2024, and September 19, 2025, respectively.

Sections 1 to 5, inclusive, 7, 8, 10 to 24, inclusive, 26 to 39, inclusive,act 41become toeffective:inclusive, 70, inclusive, 73, 75 and 79 to 94, inclusive, of this act(a) becomeUpon effective:passage and approval for the purpose of adopting any regulations and performing any other preparatory administrative tasks that are necessary to carry out the provisions of this act;

(a) Upon passage and approval for the purpose of adopting any regulations and performing any other preparatory administrative tasks that are necessary to carry out the provisions of this act;

- 82nd Session (2023) – 63 – (a) Upon passage and approval for the purpose of adopting any regulations and performing any other preparatory administrative tasks that are necessary to carry out the provisions of this act;

H~~~~~ 23 - *AB400_R1*82nd Session (2023)