EXEMPT (Reprinted with amendments adopted on April 21, 2025) FIRST REPRINT A.B. 386 - *AB386_R1* ASSEMBLY BILL NO. 386–ASSEMBLYMEMBERS GOULDING; AND HUNT MARCH 10, 2025 ____________ Referred to Committee on Education SUMMARY—Revises provisions relating to assessments administered to pupils to assess reading proficiency. (BDR 34-828) FISCAL NOTE: Effect on Local Government: No. Effect on the State: Yes. ~ EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted. AN ACT relating to education; revising provisions governing the assessments which may be used to assess the literacy of pupils enrolled in an elementary school; authorizing the Department of Education to prescribe requirements relating to the collection and reporting of the results of such assessments; authorizing the Department to prescribe the assessments used to assess literacy under certain circumstances; and providing other matters properly relating thereto. Legislative Counsel’s Digest: Existing law requires the board of trustees of a school district or the governing 1 body of a charter school to prepare a plan to improve the literacy of pupils enrolled 2 in an elementary school. Such a plan must include procedures to assess the 3 proficiency of a pupil in reading during each grade level of elementary school, as is 4 determined to be necessary, by using assessments that have been approved by the 5 State Board of Education by regulation. (NRS 388.157) This bill removes the 6 requirement that such assessments be approved by the State Board by regulation, 7 thereby allowing the board of trustees of a school district or the governing body of 8 a charter school, as applicable, to include in the plan any valid and reliable 9 standards-based assessment to assess proficiency in reading. This bill also 10 authorizes the Department of Education to: (1) adopt regulations prescribing how 11 the results of any assessment used by a school district or charter school to assess 12 proficiency in reading are collected and reported; and (2) prescribe the assessments 13 which must be used in a school district or charter school if no assessment is 14 included in the plan. 15 – 2 – - *AB386_R1* THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS: Section 1. NRS 388.157 is hereby amended to read as follows: 1 388.157 1. The board of trustees of each school district and 2 the governing body of each charter school shall prepare a plan to 3 improve the literacy of pupils enrolled in an elementary school. 4 Such a plan must include, without limitation: 5 (a) A program to provide intervention services and intensive 6 instruction to pupils who have been identified as deficient in the 7 subject area of reading to ensure that those pupils achieve adequate 8 proficiency in the requisite reading skills and reading 9 comprehension skills necessary to perform at a level determined by 10 a statewide assessment to be within a level determined by the State 11 Board for a pupil enrolled in the same grade in which the pupil is 12 enrolled. Such a program must include, without limitation, regularly 13 scheduled reading sessions in small groups and specific instruction 14 designed to target any area of reading in which the pupil 15 demonstrates a deficiency, including, without limitation, 16 phonological and phonemic awareness, decoding skills, reading 17 fluency and vocabulary and reading comprehension strategies; 18 (b) Procedures for assessing a pupil’s proficiency in the subject 19 area of reading using valid and reliable standards-based assessments 20 [that have been approved by the State Board by regulation] during 21 each grade level of the elementary school at which the pupil is 22 enrolled as determined necessary; 23 (c) A program to improve the proficiency in reading of pupils 24 who are English learners; and 25 (d) Procedures for facilitating collaboration between licensed 26 teachers designated as literacy specialists and classroom teachers. 27 2. The board of trustees of each school district or the governing 28 body of a charter school, as applicable, shall: 29 (a) Submit its plan to the Department for approval on or before 30 the date prescribed by the Department on a form prescribed by the 31 Department; and 32 (b) Make such revisions to the plan as the Department 33 determines are necessary. 34 3. The Department [shall] : 35 (a) Shall adopt regulations that prescribe procedures for 36 assessing the development across early learning domains of a pupil 37 enrolled in kindergarten within the first 45 days of school in a 38 school year. 39 (b) May adopt regulations prescribing the manner by which 40 the board of trustees of each school district and the governing 41 body of a charter school are required to collect and report the 42 – 3 – - *AB386_R1* results of any assessment used by the school district or charter 1 school, as applicable, to assess a pupil’s proficiency in the subject 2 area of reading. 3 (c) May prescribe valid and reliable standards-based 4 assessments that must be used in a school district or charter 5 school to assess a pupil’s proficiency in the subject area of reading 6 if the board of trustees of the school district or the governing body 7 of the charter school, as applicable, fails to include such an 8 assessment in the plan submitted pursuant to subsection 1. 9 Sec. 2. (Deleted by amendment.) 10 H