Nevada Assembly Bill AB401 Introduced / Bill

                      
  
  	A.B. 401 
 
- 	*AB401* 
 
ASSEMBLY BILL NO. 401–ASSEMBLYMEMBER ANDERSON 
 
MARCH 11, 2025 
____________ 
 
Referred to Committee on Education 
 
SUMMARY—Revises provisions relating to education. 
(BDR 34-894) 
 
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; eliminating the requirement that 
pupils take a college and career readiness assessment 
selected by the State Board of Education to graduate from 
high school with a standard high school diploma; revising 
various provisions to reflect the elimination of such a 
requirement; and providing other matters properly relating 
thereto. 
Legislative Counsel’s Digest: 
 Existing law requires the State Board of Education to adopt regulations 1 
requiring a pupil enrolled in grade 11 to take a college and career readiness 2 
assessment to receive a standard high school diploma. (NRS 390.600) Under 3 
existing law, the State Board is required to select such an assessment, and the 4 
Department of Education is required to develop an informational pamphlet 5 
concerning the assessment. (NRS 390.610, 390.620) Section 33 of this bill 6 
eliminates the requirement for a pupil to take a college and career readiness 7 
assessment to receive a standard high school diploma. Section 37 of this bill 8 
repeals the requirement that the: (1) State Board select a college and career 9 
readiness assessment; and (2) Department develop an informational pamphlet 10 
concerning the assessment. Section 30 of this bill makes a conforming change to 11 
remove an internal reference to one of the sections that is repealed by section 37. 12 
 Existing law requires the inclusion of information concerning the college and 13 
career readiness assessment in certain plans and reports. (NRS 385.112, 385A.200, 14 
385A.280, 385A.410, 385A.480, 385A.490, 385A.610, 385A.620, 385A.730, 15 
388G.120) Sections 1-3, 5-7, 9-11 and 20 of this bill eliminate the requirement to 16 
include information concerning the college and career readiness assessment in such 17 
plans and reports. 18 
 Existing law requires that a pupil, the parent or legal guardian of a pupil and the 19 
public be provided with certain information concerning the college and career 20 
readiness assessment. (NRS 388.205, 388.208, 390.015) Sections 12, 13 and 22 of 21 
this bill eliminate the requirement for certain persons to provide such information.  22   
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 Existing law provides for the college and career readiness assessment to be 23 
administered to pupils of charter schools, empowerment schools and pupils in a 24 
program of distance education. (NRS 388.874, 388A.366, 388G.210) Sections 16, 25 
17 and 21 of this bill eliminate requirements related to providing the assessment to 26 
such pupils. 27 
 Existing law authorizes the board of trustees of a school district or the 28 
governing body of a charter school to adopt a policy to provide individual 29 
graduation plans to certain pupils including, without limitation, pupils who 30 
performed poorly on the college and career readiness assessment. (NRS 388.227) 31 
Section 14 of this bill eliminates the authority to provide for an individual 32 
graduation plan on the basis of a pupil’s performance on the assessment. 33 
 Existing law excludes the college and career readiness assessment from the 34 
applicability of certain provisions governing the security of data concerning pupils. 35 
(NRS 388.283) Section 15 eliminates this provision in conformance with the 36 
elimination of the requirement for a pupil to take the assessment to receive a 37 
standard high school diploma. 38 
 Existing law requires the Department of Education and the board of trustees of 39 
each school district to adopt a plan setting forth procedures to ensure the security of 40 
the criterion-referenced examinations and the college and career readiness 41 
assessment and provides other provisions governing the administration and security 42 
of such examinations and assessments, including provisions authorizing the 43 
Department to enter into a contract for the scoring of such examinations and 44 
assessments and penalties for personnel who breach the security of such 45 
examinations and assessments. (NRS 390.250-390.430, 390.840, 391.330, 391.750) 46 
Sections 23-29 and 31-36 of this bill revise these provisions to remove references 47 
to the college and career readiness assessment, thereby limiting the applicability of 48 
these provisions to just the criterion-referenced examinations. 49 
 Sections 4, 8, 18 and 19 of this bill make conforming changes to reflect the 50 
renumbering of certain provisions in section 33. 51 
 
 
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN 
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS: 
 
 Section 1.  NRS 385.112 is hereby amended to read as follows: 1 
 385.112 A plan to improve the achievement of pupils enrolled 2 
in public schools in this State prepared pursuant to NRS 385.111 3 
must include: 4 
 1.  A review and analysis of the data upon which the report 5 
required pursuant to NRS 385A.400 is based and a review and 6 
analysis of any data that is more recent than the data upon which the 7 
report is based. 8 
 2.  The identification of any problems or factors common 9 
among the school districts or charter schools in this State, as 10 
revealed by the review and analysis. 11 
 3.  Strategies based upon evidence-based research, as defined in 12 
20 U.S.C. § 7801(21), that will strengthen the core academic 13 
subjects, as set forth in NRS 389.018. 14   
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 4.  Strategies to improve the academic achievement of pupils 1 
enrolled in public schools in this State, including, without limitation, 2 
strategies to: 3 
 (a) Instruct pupils who are not achieving to their fullest 4 
potential, including, without limitation: 5 
  (1) The curriculum appropriate to improve achievement; 6 
  (2) The manner by which the instruction will improve the 7 
achievement and proficiency of pupils on the examinations 8 
administered pursuant to NRS 390.105 ; [and the college and career 9 
readiness assessment administered pursuant to NRS 390.610, 10 
including, without limitation, the manner in which remediation will 11 
be provided to pupils who require remediation based on the results 12 
of an examination administered pursuant to NRS 390.610;] and 13 
  (3) An identification of the instruction and curriculum that is 14 
specifically designed to improve the achievement and proficiency of 15 
pupils in each group identified in the statewide system of 16 
accountability for public schools; 17 
 (b) Improve the literacy skills of pupils; 18 
 (c) Improve the development of English language skills and 19 
academic achievement of pupils who are English learners; 20 
 (d) Increase the rate of attendance of pupils and reduce the 21 
number of pupils who drop out of school; 22 
 (e) Integrate technology into the instructional and administrative 23 
programs of the school districts; 24 
 (f) Manage effectively the discipline of pupils; and 25 
 (g) Enhance the professional development offered for the 26 
teachers and administrators employed at public schools in this State 27 
to include the activities set forth in 20 U.S.C. § 7801(42) and to 28 
address the specific needs of the pupils enrolled in public schools in 29 
this State, as deemed appropriate by the State Board. 30 
 5.  Strategies designed to provide to the pupils enrolled in 31 
middle school, junior high school and high school, the teachers and 32 
counselors who provide instruction to those pupils, and the parents 33 
and guardians of those pupils information concerning: 34 
 (a) The requirements for admission to an institution of higher 35 
education and the opportunities for financial aid; 36 
 (b) The availability of Governor Guinn Millennium 37 
Scholarships pursuant to NRS 396.911 to 396.945, inclusive, and 38 
Nevada Promise Scholarships pursuant to NRS 396.961 to 39 
396.9685, inclusive; and 40 
 (c) The need for a pupil to make informed decisions about his or 41 
her curriculum in middle school, junior high school and high school 42 
in preparation for success after graduation. 43   
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 6.  An identification, by category, of the employees of the 1 
Department who are responsible for ensuring that each provision of 2 
the plan is carried out effectively. 3 
 7.  A timeline for carrying out the plan, including, without 4 
limitation: 5 
 (a) The rate of improvement and progress which must be 6 
attained annually in meeting the goals and benchmarks established 7 
by the State Board pursuant to NRS 385.113; and 8 
 (b) For each provision of the plan, a timeline for carrying out 9 
that provision, including, without limitation, a timeline for 10 
monitoring whether the provision is carried out effectively. 11 
 8.  For each provision of the plan, measurable criteria for 12 
determining whether the provision has contributed toward 13 
improving the academic achievement of pupils, increasing the rate 14 
of attendance of pupils and reducing the number of pupils who drop 15 
out of school. 16 
 9.  Strategies to improve the allocation of resources from this 17 
State, by program and by school district, in a manner that will 18 
improve the academic achievement of pupils. If this State has a 19 
financial analysis program that is designed to track educational 20 
expenditures and revenues to individual schools, the State Board 21 
shall use that statewide program in complying with this subsection. 22 
If a statewide program is not available, the State Board shall use the 23 
Department’s own financial analysis program in complying with 24 
this subsection. 25 
 10.  Based upon the reallocation of resources set forth in 26 
subsection 9, the resources available to the State Board and the 27 
Department to carry out the plan, including, without limitation, a 28 
budget for the overall cost of carrying out the plan. 29 
 11.  A summary of the effectiveness of appropriations made by 30 
the Legislature to improve the academic achievement of pupils and 31 
programs approved by the Legislature to improve the academic 32 
achievement of pupils. 33 
 12.  A 5-year strategic plan which identifies the recurring issues 34 
in improving the achievement and proficiency of pupils in this State 35 
and which establishes strategic goals to address those issues. The 5-36 
year strategic plan must be: 37 
 (a) Based upon the data from previous years which is collected 38 
by the Department for the plan developed pursuant to NRS 385.111; 39 
and 40 
 (b) Designed to track the progress made in achieving the 41 
strategic goals established by the Department. 42 
 13.  Any additional plans addressing the achievement and 43 
proficiency of pupils adopted by the Department. 44   
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 Sec. 2.  NRS 385A.200 is hereby amended to read as follows: 1 
 385A.200 1.  Except as otherwise provided in subsection 2, 2 
the annual report of accountability prepared pursuant to NRS 3 
385A.070 must include information on pupil achievement and 4 
school performance, including, without limitation, pupil 5 
achievement for each school in the district and the district as a 6 
whole, including, without limitation, each charter school sponsored 7 
by the district. The board of trustees of the district shall base its 8 
report on the results of the examinations administered pursuant to 9 
NRS 390.105 [and the college and career readiness assessment 10 
administered pursuant to NRS 390.610] and shall compare the 11 
results of those examinations for the school year for which the 12 
annual report is being prepared with those of previous school years. 13 
The report must include, for each school in the district, including, 14 
without limitation, each charter school sponsored by the district, and 15 
each grade in which the examinations and assessments were 16 
administered: 17 
 (a) The number of pupils who took the examinations and a 18 
record of attendance for the period in which the examinations were 19 
administered, including an explanation of any difference in the 20 
number of pupils who took the examinations and the number of 21 
pupils who are enrolled in the school. 22 
 (b) Except as otherwise provided in subsection 2 of NRS 23 
385A.070, pupil achievement, reported separately by gender and 24 
reported separately for the groups of pupils identified in the 25 
statewide system of accountability for public schools. 26 
 (c) A comparison of the achievement of pupils in each group 27 
identified in the statewide system of accountability for public 28 
schools with the performance targets established for that group. 29 
 (d) The percentage of pupils who were not tested. 30 
 (e) Except as otherwise provided in subsection 2 of NRS 31 
385A.070, the percentage of pupils who were not tested, reported 32 
separately by gender and reported separately for the groups 33 
identified in the statewide system of accountability for public 34 
schools. 35 
 (f) The most recent 3-year trend in pupil achievement in each 36 
subject area tested and each grade level tested pursuant to NRS 37 
390.105 , [and the college and career readiness assessment 38 
administered pursuant to NRS 390.610,] which may include 39 
information regarding the trend in the achievement of pupils for 40 
more than 3 years, if such information is available. 41 
 (g) Except as otherwise provided in subsection 3 of NRS 42 
385A.720, the rating of each public school in the district, including, 43 
without limitation, each charter school sponsored by the district, 44   
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pursuant to the statewide system of accountability for public 1 
schools. 2 
 (h) Information on whether each school in the district, including, 3 
without limitation, each charter school sponsored by the district, has 4 
made progress based upon the model adopted by the Department 5 
pursuant to NRS 390.125. 6 
 (i) Information that compares the results of pupils in the school 7 
district, including, without limitation, pupils enrolled in charter 8 
schools sponsored by the district, with the results of pupils 9 
throughout this State. The information required by this paragraph 10 
must be provided in consultation with the Department to ensure the 11 
accuracy of the comparison. 12 
 (j) For each school in the district, including, without limitation, 13 
each charter school sponsored by the district, information that 14 
compares the results of pupils in the school with the results of pupils 15 
throughout the school district and throughout this State. The 16 
information required by this paragraph must be provided in 17 
consultation with the Department to ensure the accuracy of the 18 
comparison. 19 
 2. If the Department temporarily waives or otherwise pauses 20 
the requirement to administer examinations that comply with 20 21 
U.S.C. § 6311(b)(2) pursuant to subsection 6 of NRS 390.105, the 22 
requirement of subsection 1 to include certain information in the 23 
annual report of accountability prepared pursuant to NRS 385A.070 24 
does not apply for the period of time that such a waiver or pause is 25 
effective. 26 
 Sec. 3.  NRS 385A.280 is hereby amended to read as follows: 27 
 385A.280 1.  The annual report of accountability prepared 28 
pursuant to NRS 385A.070 must include, for each school in the 29 
district and the district as a whole, including, without limitation, 30 
each charter school sponsored by the district, information regarding 31 
the progression of pupils who are English learners in attaining 32 
proficiency in the English language, including, without limitation: 33 
 (a) The number and percentage of pupils who were identified as 34 
English learners at the beginning of the school year, were 35 
continually enrolled throughout the school year and were identified 36 
as proficient in English by the completion of the school year; 37 
 (b) The achievement and proficiency of pupils who are English 38 
learners in comparison to the pupils who are proficient in English; 39 
 (c) A comparison of pupils who are English learners and pupils 40 
who are proficient in the English language in the following areas: 41 
  (1) Retention rates; 42 
  (2) Graduation rates; 43 
  (3) Dropout rates; 44 
  (4) Grade point averages; and 45   
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- 	*AB401* 
  (5) Except as otherwise provided in subsection 6 of NRS 1 
390.105, scores on the examinations administered pursuant to NRS 2 
390.105 ; [and the college and career readiness assessment 3 
administered pursuant to NRS 390.610;] and 4 
 (d) Results of the assessments and reassessments of pupils who 5 
are English learners, reported separately by the primary language of 6 
the pupils, pursuant to the policy developed by the board of trustees 7 
of the school district pursuant to NRS 388.407. 8 
 2. The data reported pursuant to subparagraph (5) of paragraph 9 
(c) of subsection 1 must be reported separately: 10 
 (a) According to subject matter areas measured using the 11 
examinations administered pursuant to NRS 390.105 ; [and the 12 
college and career readiness assessment administered pursuant to 13 
NRS 390.610;] 14 
 (b) For pupils who are newcomers to the English language, 15 
pupils who are short-term English learners and pupils who are long-16 
term English learners, as designated by regulation of the State 17 
Board; and 18 
 (c) For middle schools, junior high schools and high schools, 19 
according to any identified trends in the proficiency in the English 20 
language of pupils who are English learners over the immediately 21 
preceding 3 years. 22 
 3. In addition to including the information prescribed by this 23 
section in the annual report of accountability prepared pursuant to 24 
NRS 385A.070, the board of trustees of each school district and the 25 
governing body of each charter school shall, on or before October 1 26 
of each year: 27 
 (a) Submit a report of the information prescribed by this section 28 
to the Department of Education and the Director of the Legislative 29 
Counsel Bureau for transmittal to: 30 
  (1) In odd-numbered years, the Joint Interim Standing 31 
Committee on Education; and 32 
  (2) In even-numbered years, the next regular session of the 33 
Legislature; and 34 
 (b) Post the report on an Internet website maintained by the 35 
school district or charter school, as applicable. 36 
 Sec. 4.  NRS 385A.290 is hereby amended to read as follows: 37 
 385A.290 The annual report of accountability prepared 38 
pursuant to NRS 385A.070 must include, for each school in the 39 
district and the district as a whole, including, without limitation, 40 
each charter school sponsored by the district, information on pupils 41 
enrolled in career and technical education, including, without 42 
limitation: 43 
 1.  The number of pupils enrolled in a course of career and 44 
technical education; 45   
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 2.  The number of pupils who completed a course of career and 1 
technical education; 2 
 3.  The average daily attendance of pupils who are enrolled in a 3 
program of career and technical education; 4 
 4.  The annual rate of pupils who dropped out of school and 5 
were enrolled in a program of career and technical education before 6 
dropping out; 7 
 5.  The number and percentage of pupils who completed a 8 
program of career and technical education and who received a 9 
standard high school diploma, an adjusted diploma or an alternative 10 
diploma; and 11 
 6.  The number and percentage of pupils who completed a 12 
program of career and technical education and who did not receive a 13 
high school diploma because the pupils failed to satisfy the 14 
requirements of subsection 2 or 3 [or 4] of NRS 390.600 or the 15 
criteria prescribed by the State Board pursuant to subsection 1 of 16 
NRS 390.600. 17 
 Sec. 5.  NRS 385A.410 is hereby amended to read as follows: 18 
 385A.410 Except as otherwise provided in subsection 6 of 19 
NRS 390.105, the annual report of accountability prepared by the 20 
State Board pursuant to NRS 385A.400 must include information on 21 
pupil achievement and school performance, including, without 22 
limitation: 23 
 1.  Information on the achievement of all pupils based upon the 24 
results of the examinations administered pursuant to NRS 390.105 , 25 
[and the college and career readiness assessment administered 26 
pursuant to NRS 390.610,] reported for each school district, 27 
including, without limitation, each charter school in the district, and 28 
for this State as a whole. 29 
 2.  Except as otherwise provided in subsection 2 of NRS 30 
385A.400, pupil achievement, reported separately by gender and 31 
reported separately for the groups of pupils identified in the 32 
statewide system of accountability for public schools. 33 
 3.  A comparison of the achievement of pupils in each group 34 
identified in the statewide system of accountability for public 35 
schools with the performance targets established for that group. 36 
 4.  The percentage of all pupils who were not tested, reported 37 
for each school district, including, without limitation, each charter 38 
school in the district, and for this State as a whole. 39 
 5.  Except as otherwise provided in subsection 2 of NRS 40 
385A.400, the percentage of pupils who were not tested, reported 41 
separately by gender and reported separately for the groups 42 
identified in the statewide system of accountability for public 43 
schools. 44   
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 6.  The most recent 3-year trend in the achievement of pupils in 1 
each subject area tested and each grade level tested pursuant to NRS 2 
390.105 , [and the college and career readiness assessment 3 
administered pursuant to NRS 390.610,] reported for each school 4 
district, including, without limitation, each charter school in the 5 
district, and for this State as a whole, which may include 6 
information regarding the trend in the achievement of pupils for 7 
more than 3 years, if such information is available. 8 
 7.  Except as otherwise provided in subsection 3 of NRS 9 
385A.720, the rating of each public school, including, without 10 
limitation, each charter school, pursuant to the statewide system of 11 
accountability for public schools. 12 
 8.  Information on whether each public school, including, 13 
without limitation, each charter school, has made progress based 14 
upon the model adopted by the Department pursuant to NRS 15 
390.125, if applicable for the grade level of pupils enrolled at the 16 
school. 17 
 9.  Information on the results of pupils who participated in the 18 
examinations of the National Assessment of Educational Progress 19 
required pursuant to NRS 390.830. 20 
 Sec. 6.  NRS 385A.480 is hereby amended to read as follows: 21 
 385A.480 The annual report of accountability prepared by the 22 
State Board pursuant to NRS 385A.400 must include for each 23 
school district, including, without limitation, each charter school in 24 
the district, and for this State as a whole, information concerning 25 
pupils who are eligible for free or reduced-price breakfasts pursuant 26 
to 42 U.S.C. §§ 1771 et seq. and pupils who are eligible for free or 27 
reduced-price lunches pursuant to 42 U.S.C. §§ 1751 et seq., 28 
including, without limitation: 29 
 1.  The number and percentage of pupils who are eligible for 30 
free or reduced-price breakfasts; 31 
 2.  The number and percentage of pupils who receive free and 32 
reduced-price breakfasts; 33 
 3.  The number and percentage of pupils who are eligible for 34 
free or reduced-price lunches; 35 
 4.  The number and percentage of pupils who receive free and 36 
reduced-price lunches; 37 
 5.  A comparison of the achievement and proficiency of pupils, 38 
reported separately by race and ethnicity, who are eligible for free or 39 
reduced-price breakfasts, pupils who receive free and reduced-price 40 
breakfasts, pupils who are eligible for free or reduced-price lunches, 41 
pupils who receive free and reduced-price lunches and pupils who 42 
are not eligible for free or reduced-price breakfasts or lunches; 43 
 6.  A comparison of pupils, reported separately by race and 44 
ethnicity, who are eligible for free or reduced-price breakfasts, 45   
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pupils who receive free and reduced-price breakfasts, pupils who are 1 
eligible for free or reduced-price lunches and pupils who receive 2 
free and reduced-price lunches for which data is required to be 3 
collected in the following areas: 4 
 (a) Retention rates; 5 
 (b) Graduation rates; 6 
 (c) Dropout rates; 7 
 (d) Grade point averages; and 8 
 (e) Except as otherwise provided in subsection 6 of NRS 9 
390.105, scores on the examinations administered pursuant to NRS 10 
390.105 . [and the college and career readiness assessment 11 
administered pursuant to NRS 390.610.] 12 
 Sec. 7.  NRS 385A.490 is hereby amended to read as follows: 13 
 385A.490 1.  The annual report of accountability prepared by 14 
the State Board pursuant to NRS 385A.400 must include for each 15 
school district, including, without limitation, each charter school in 16 
the district, and for this State as a whole, information regarding the 17 
progression of pupils who are English learners in attaining 18 
proficiency in the English language, including, without limitation: 19 
 (a) The number and percentage of pupils who were identified as 20 
English learners at the beginning of the school year, were 21 
continually enrolled throughout the school year and were identified 22 
as proficient in English by the completion of the school year; 23 
 (b) The achievement and proficiency of pupils who are English 24 
learners in comparison to the pupils who are proficient in English; 25 
 (c) A comparison of pupils who are English learners and pupils 26 
who are proficient in the English language in the following areas: 27 
  (1) Retention rates; 28 
  (2) Graduation rates; 29 
  (3) Dropout rates; 30 
  (4) Grade point averages; and 31 
  (5) Except as otherwise provided in subsection 6 of NRS 32 
390.105, scores on the examinations administered pursuant to NRS 33 
390.105 ; [and the college and career readiness assessment 34 
administered pursuant to NRS 390.610;] and 35 
 (d) Results of the assessments and reassessments of pupils who 36 
are English learners, reported separately by the primary language of 37 
the pupils, pursuant to the policies developed by the boards of 38 
trustees of school districts pursuant to NRS 388.407. 39 
 2. The data reported pursuant to subparagraph (5) of paragraph 40 
(c) of subsection 1 must be reported separately: 41 
 (a) According to subject matter areas measured using the 42 
examinations administered pursuant to NRS 390.105 ; [and the 43 
college and career readiness assessment administered pursuant to 44 
NRS 390.610;] 45   
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 (b) For pupils who are newcomers to the English language, 1 
pupils who are short-term English learners and pupils who are long-2 
term English learners, as designated by regulation of the State 3 
Board; and 4 
 (c) For middle schools, junior high schools and high schools, 5 
according to any identified trends in the proficiency in the English 6 
language of pupils who are English learners over the immediately 7 
preceding 3 years. 8 
 Sec. 8.  NRS 385A.500 is hereby amended to read as follows: 9 
 385A.500 The annual report of accountability prepared by the 10 
State Board pursuant to NRS 385A.400 must include for each 11 
school district, including, without limitation, each charter school in 12 
the district and for this State as a whole, information on pupils 13 
enrolled in career and technical education, including, without 14 
limitation: 15 
 1.  The number of pupils enrolled in a course of career and 16 
technical education; 17 
 2.  The number of pupils who completed a course of career and 18 
technical education; 19 
 3.  The average daily attendance of pupils who are enrolled in a 20 
program of career and technical education; 21 
 4.  The annual rate of pupils who dropped out of school and 22 
were enrolled in a program of career and technical education before 23 
dropping out; 24 
 5.  The number and percentage of pupils who completed a 25 
program of career and technical education and who received a 26 
standard high school diploma, an adjusted diploma or an alternative 27 
diploma; and 28 
 6.  The number and percentage of pupils who completed a 29 
program of career and technical education and who did not receive a 30 
high school diploma because the pupils failed to satisfy the 31 
requirements of subsection 2 or 3 [or 4] of NRS 390.600 or the 32 
criteria prescribed by the State Board pursuant to subsection 1 of 33 
NRS 390.600. 34 
 Sec. 9.  NRS 385A.610 is hereby amended to read as follows: 35 
 385A.610 1.  The Department shall establish a monitoring 36 
system for the statewide system of accountability. The monitoring 37 
system must identify significant levels of achievement of pupils on 38 
the examinations that are administered pursuant to NRS 390.105 , 39 
[and the college and career readiness assessment administered 40 
pursuant to NRS 390.610,] identified by school and by school 41 
district. 42 
 2.  On or before October 1 of each year, the Department shall 43 
prepare a written summary of the findings made pursuant to 44 
subsection 1. The written summary must be provided to: 45   
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 (a) The Committee; and 1 
 (b) If the findings show inconsistencies applicable to a particular 2 
school district or school within a school district, the board of 3 
trustees of that school district. 4 
 3.  The Committee shall review the report submitted pursuant to 5 
subsection 2 and take such action as it deems appropriate. 6 
 Sec. 10.  NRS 385A.620 is hereby amended to read as follows: 7 
 385A.620 1.  The State Board shall adopt regulations that 8 
prescribe, consistent with 20 U.S.C. §§ 6301 et seq., and the 9 
regulations adopted pursuant thereto, the manner in which pupils 10 
enrolled in: 11 
 (a) A program of distance education pursuant to NRS 388.820 to 12 
388.874, inclusive; 13 
 (b) An alternative program for the education of pupils at risk of 14 
dropping out of school pursuant to NRS 388.537; or 15 
 (c) A program of education that: 16 
  (1) Primarily serves pupils with disabilities; or 17 
  (2) Is operated within a: 18 
   (I) Local, regional or state facility for the detention of 19 
children; 20 
   (II) Juvenile forestry camp; 21 
   (III) Child welfare agency; or 22 
   (IV) Correctional institution, 23 
 will be included within the statewide system of accountability set 24 
forth in this chapter. 25 
 2.  The regulations adopted pursuant to subsection 1 must also 26 
set forth the manner in which: 27 
 (a) The progress of pupils enrolled in a program of distance 28 
education, an alternative program or a program of education 29 
described in subsection 1 will be accounted for within the statewide 30 
system of accountability; and 31 
 (b) The results of pupils enrolled in a program of distance 32 
education, an alternative program or a program of education 33 
described in subsection 1 on the examinations administered pursuant 34 
to NRS 390.105 [and, if applicable for the grade levels of the pupils 35 
enrolled, the college and career readiness assessment administered 36 
pursuant to NRS 390.610] will be reported. 37 
 Sec. 11.  NRS 385A.730 is hereby amended to read as follows: 38 
 385A.730 1. The State Board shall adopt regulations that 39 
prescribe an alternative performance framework to evaluate public 40 
schools that are approved pursuant to NRS 385A.740. Such 41 
regulations must include, without limitation, an alternative manner 42 
in which to evaluate such a school and the manner in which the 43 
school will be included within the statewide system of 44 
accountability set forth in this chapter. 45   
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 2. The regulations adopted pursuant to subsection 1 must also 1 
set forth the manner in which: 2 
 (a) The progress of pupils enrolled in a public school for which 3 
an alternative performance framework has been approved pursuant 4 
to NRS 385A.740 will be accounted for within the statewide system 5 
of accountability; and 6 
 (b) To report the results of pupils enrolled in such a public 7 
school on the examinations administered pursuant to NRS 390.105 . 8 
[and, if applicable for the grade levels of the pupils enrolled, the 9 
college and career readiness assessment administered pursuant to 10 
NRS 390.610.] 11 
 Sec. 12.  NRS 388.205 is hereby amended to read as follows: 12 
 388.205 1.  The board of trustees of each school district shall 13 
adopt a policy for each public school in the school district in which 14 
ninth grade pupils are enrolled to develop a 4-year academic plan 15 
for each of those pupils. Except as otherwise provided in subsection 16 
4, the policy must require each public school to provide each pupil 17 
with an academic plan at the beginning of the pupil’s ninth grade 18 
year. The academic plan must set forth the specific educational 19 
goals established pursuant to subsection 7 each year and the steps 20 
that the pupil intends to take in order to achieve those goals. The 21 
plan may include, without limitation, the designation of a career 22 
pathway and enrollment in dual credit courses, career and technical 23 
education courses, advanced placement courses and honors courses. 24 
 2.  The policy must ensure that each pupil enrolled in ninth 25 
grade and the pupil’s parent or legal guardian are provided with, to 26 
the extent practicable, information regarding: 27 
 (a) The advanced placement courses, honors courses, 28 
international baccalaureate courses, dual credit courses, career and 29 
technical education courses, including, without limitation, career 30 
and technical skills-building programs, and any other educational 31 
programs, pathways or courses available to the pupil which will 32 
assist the pupil in the advancement of his or her education; 33 
 (b) The requirements for graduation from high school with a 34 
diploma and the types of diplomas available; 35 
 (c) The requirements for admission to the Nevada System of 36 
Higher Education, including, without limitation, [the average score 37 
on the college and career readiness assessment administered 38 
pursuant to NRS 390.610 of students admitted to each community 39 
college, state college or university in the Nevada System of Higher 40 
Education, and] the eligibility requirements for a Governor Guinn 41 
Millennium Scholarship; 42 
 (d) The Free Application for Federal Student Aid and advice 43 
concerning how to finance enrollment in an institution that provides 44 
postsecondary and vocational education; and 45   
 	– 14 – 
 
 
- 	*AB401* 
 (e) The charter schools within the school district. 1 
 3.  The policy required by subsection 1 must require each pupil 2 
enrolled in ninth grade and the pupil’s parent or legal guardian to: 3 
 (a) Be notified of opportunities to work in consultation with a 4 
school counselor to develop and review an academic plan for the 5 
pupil; 6 
 (b) Sign the academic plan; and 7 
 (c) Review the academic plan at least once each school year in 8 
consultation with a school counselor and revise the plan if 9 
necessary. 10 
 4.  If a pupil enrolls in a high school after ninth grade, an 11 
academic plan must be developed for that pupil as soon as 12 
reasonably practicable with appropriate modifications for the grade 13 
level of the pupil. 14 
 5.  If an academic plan for a pupil includes enrollment in a dual 15 
credit course, the plan must address how the dual credit course will 16 
enable the pupil to achieve his or her postgraduation goals. 17 
 6.  An academic plan for a pupil must be used as a guide for the 18 
pupil and the parent or legal guardian of the pupil to plan, monitor 19 
and manage the pupil’s educational and occupational development 20 
and make determinations of the appropriate courses of study for the 21 
pupil. If a pupil does not satisfy all the goals set forth in the 22 
academic plan, the pupil is eligible to graduate and receive a high 23 
school diploma if the pupil otherwise satisfies the requirements for a 24 
diploma. 25 
 7. Except as otherwise provided in subsection 4, a school 26 
counselor shall establish specific educational goals for each pupil in 27 
consultation with the pupil and the parent or legal guardian of the 28 
pupil, to the extent practicable, at the beginning of each pupil’s 29 
ninth grade year and as a part of the review conducted pursuant to 30 
paragraph (c) of subsection 3. 31 
 8.  The policy adopted pursuant to subsection 1 must require 32 
each public school in the school district to: 33 
 (a) Develop a procedure to identify a homeless pupil, 34 
unaccompanied pupil or pupil who lives in foster care; and 35 
 (b) Review the academic plan for each such pupil and adjust the 36 
plan as appropriate to maximize the accrual of credits by the pupil 37 
and the progress of the pupil towards graduation. 38 
 9. As used in this section: 39 
 (a) “Foster care” has the meaning ascribed to it in 45 C.F.R.  40 
§ 1355.20. 41 
 (b) “Homeless pupil” has the meaning ascribed to the term 42 
“homeless children and youths” in 42 U.S.C. § 11434a(2). 43 
 (c) “Unaccompanied pupil” has the meaning ascribed to the term 44 
“unaccompanied youth” in 42 U.S.C. § 11434a(6). 45   
 	– 15 – 
 
 
- 	*AB401* 
 Sec. 13.  NRS 388.208 is hereby amended to read as follows: 1 
 388.208 1.  Except as otherwise provided in this subsection, 2 
the board of trustees of each school district shall adopt a policy for 3 
each public high school in the school district to ensure that a 4 
counselor, administrator or other licensed educational personnel 5 
from the public high school meets individually at least once each 6 
school year with each pupil enrolled in grades 9, 10, 11 and 12 in 7 
the public high school to review with the pupil the academic plan 8 
developed for the pupil pursuant to NRS 388.205. The parent or 9 
guardian of a pupil may elect to waive the requirements of this 10 
subsection on behalf of the pupil. 11 
 2. At a meeting conducted pursuant to subsection 1, the 12 
counselor, administrator or other licensed educational personnel 13 
must use [the results of the pupil’s college and career readiness 14 
assessment administered pursuant to NRS 390.610, if the results of 15 
the assessment are available at the time of the meeting,] the results 16 
of a preliminary National Merit Scholarship Qualifying Test, if the 17 
results of the test are available at the time of the meeting, and the 18 
pupil’s academic records, to review with the pupil the areas of his or 19 
her academic strengths and weaknesses, including, without 20 
limitation, areas where additional work in the subject areas tested on 21 
the assessment or test, as applicable, is necessary to prepare the 22 
pupil for college and career success without the need for 23 
remediation. 24 
 3. If it is determined that the pupil requires remediation, the 25 
counselor, administrator or other licensed educational personnel 26 
must coordinate with the pupil and the pupil’s parent or legal 27 
guardian to revise the academic plan for the pupil to ensure that the 28 
pupil is prepared for college and career success before he or she 29 
graduates. 30 
 Sec. 14.  NRS 388.227 is hereby amended to read as follows: 31 
 388.227 1.  The board of trustees of each school district shall, 32 
and the governing body of each charter school that operates as a 33 
high school and is in good standing with its sponsor may, adopt a 34 
policy to authorize the establishment of individual graduation plans 35 
for pupils enrolled in a high school within the school district or 36 
operated by the charter school, as applicable, who: 37 
 (a) Are deficient in credits and not likely to graduate according 38 
to schedule; or 39 
 (b) [Have performed poorly on the college and career readiness 40 
assessment administered pursuant to NRS 390.610; or 41 
 (c)] Have attended or will attend school in another country as a 42 
foreign exchange student for at least one semester.  43 
 2. In addition to the conditions set forth in paragraphs (a) [, (b)] 44 
and [(c)] (b) of subsection 1, the Superintendent of Public 45   
 	– 16 – 
 
 
- 	*AB401* 
Instruction may establish other conditions for a pupil to be eligible 1 
for an individual graduation plan. 2 
 3.  An individual graduation plan must establish an academic 3 
plan for a pupil to allow the pupil to graduate with a standard high 4 
school diploma not later than 3 semesters after the date on which the 5 
pupil was otherwise scheduled to graduate. The individual 6 
graduation plan must include any conditions to which a pupil must 7 
agree to comply to remain enrolled in the high school. Such 8 
conditions may include, without limitation, any subjects that must 9 
be completed, the minimum number of units of credit in which the 10 
pupil must enroll each semester, the minimum grade point average 11 
that must be maintained by the pupil and any other conditions 12 
necessary to ensure that the pupil makes adequate progress to obtain 13 
a standard high school diploma within the time allowed.  14 
 4.  The Superintendent of Public Instruction shall make a 15 
determination each year concerning:  16 
 (a) The number of credits by which a pupil must be deficient to 17 
be eligible for an individual graduation plan; and 18 
 (b) [The maximum score on the college and career readiness 19 
assessment administered pursuant to NRS 390.610 that a pupil may 20 
receive to be eligible for an individual graduation plan; and 21 
 (c)] Any other conditions that must be met for participation in 22 
an individual graduation plan. 23 
 5.  An individual graduation plan may be withdrawn by the 24 
school district or charter school if the pupil is not making adequate 25 
progress as outlined in the individual graduation plan or for other 26 
good cause. 27 
 6.  A pupil for whom an individual graduation plan has been 28 
established must be counted when calculating the graduation rates of 29 
pupils in the annual report of accountability for the school district or 30 
charter school in which the pupil is enrolled pursuant to NRS 31 
385A.070 and the annual report of accountability prepared by the 32 
State Board pursuant to NRS 385A.400 for the year in which the 33 
pupil was scheduled to graduate until the pupil obtains a standard 34 
high school diploma and then must be counted for the appropriate 35 
year as determined by the Department pursuant to subsection 8. 36 
 7. A pupil for whom an individual graduation plan has been 37 
established must not be counted when calculating the graduation 38 
rates of pupils used to determine whether the sponsor of a charter 39 
school may take certain actions concerning the charter school 40 
pursuant to NRS 388A.330. 41 
 8.  If a pupil for whom an individual graduation plan has been 42 
established: 43 
 (a) Obtains a standard high school diploma within the time 44 
allowed by the individual graduation plan, the pupil must be counted 45   
 	– 17 – 
 
 
- 	*AB401* 
as having received a standard high school diploma when calculating 1 
the graduation rates of pupils for the purposes of NRS 388A.330, if 2 
applicable, in the annual report of accountability for the school 3 
district or charter school in which the pupil is enrolled pursuant to 4 
NRS 385A.070 and the annual report of accountability prepared by 5 
the State Board pursuant to NRS 385A.400 for the year in which the 6 
pupil graduates.  7 
 (b) Fails to obtain a standard high school diploma within the 8 
time allowed by the individual graduation plan, the pupil must be 9 
counted as having failed to receive a standard high school diploma 10 
when calculating the graduation rates of pupils for the purpose of 11 
NRS 388A.330, if applicable, in the annual report of accountability 12 
for the school district or charter school in which the pupil is enrolled 13 
pursuant to NRS 385A.070 and the annual report of accountability 14 
prepared by the State Board pursuant to NRS 385A.400 for the year 15 
in which the pupil was scheduled to graduate pursuant to his or her 16 
individual graduation plan. 17 
 9.  [Any pupil for whom an individual graduation plan has been 18 
established who receives a score on the college and career readiness 19 
assessment that is less than the score prescribed by the 20 
Superintendent of Public Instruction pursuant to paragraph (b) of 21 
subsection 4 must, unless his or her individual graduation plan 22 
provides otherwise, enroll in the maximum number of units of credit 23 
per semester allowed by the public school in which the pupil is 24 
enrolled. 25 
 10.] For the purposes of this section, a charter school for which 26 
the governing body has been reconstituted or the charter contract 27 
terminated or restarted in accordance with NRS 388A.285, 28 
388A.300 or 388A.330, as applicable, shall not be deemed to be in 29 
good standing unless the charter school is carrying out an 30 
improvement plan approved by the sponsor of the charter school and 31 
incorporated into the charter contract. 32 
 Sec. 15.  NRS 388.283 is hereby amended to read as follows: 33 
 388.283 1.  “School service” means an Internet website, 34 
online service or mobile application that: 35 
 (a) Collects or maintains personally identifiable information 36 
concerning a pupil; 37 
 (b) Is used primarily for educational purposes; and 38 
 (c) Is designed and marketed for use in public schools and is 39 
used at the direction of teachers and other educational personnel. 40 
 2.  The term does not include: 41 
 (a) An Internet website, online service or mobile application that 42 
is designed or marketed for use by a general audience, even if the 43 
school service is also marketed to public schools; 44   
 	– 18 – 
 
 
- 	*AB401* 
 (b) An internal database, system or program maintained or 1 
operated by a school district, charter school or university school for 2 
profoundly gifted pupils; 3 
 (c) A school service for which a school service provider has: 4 
  (1) Been designated by a school district, the sponsor of a 5 
charter school, the governing body of a university school for 6 
profoundly gifted pupils or the Department as a school official 7 
pursuant to the Family Educational Rights and Privacy Act of 1974, 8 
20 U.S.C. § 1232g; 9 
  (2) Entered into a contract with the school district, the 10 
sponsor of a charter school, the governing body of a university 11 
school for profoundly gifted pupils or the Department; and  12 
  (3) Agreed to comply with and be subject to the provisions of 13 
the Family Educational Rights and Privacy Act of 1974, 20 U.S.C. § 14 
1232g, relating to personally identifiable information; 15 
 (d) Any examinations administered pursuant to NRS 390.105 ; 16 
[or the college and career readiness assessment administered 17 
pursuant to NRS 390.610;] or 18 
 (e) Any instructional programs purchased by a school district, a 19 
charter school, the governing body of a university school for 20 
profoundly gifted pupils or the Department. 21 
 Sec. 16.  NRS 388.874 is hereby amended to read as follows: 22 
 388.874 1.  The State Board shall adopt regulations that 23 
prescribe: 24 
 (a) The process for submission of an application by a person or 25 
entity for inclusion of a course of distance education on the list 26 
prepared by the Department pursuant to NRS 388.834 and the 27 
contents of the application; 28 
 (b) The process for submission of an application by the board of 29 
trustees of a school district, the governing body of a charter school 30 
or a committee to form a charter school to provide a program of 31 
distance education and the contents of the application; 32 
 (c) The qualifications and conditions for enrollment that a pupil 33 
must satisfy to enroll in a program of distance education, consistent 34 
with NRS 388.850 and any other applicable statute; 35 
 (d) A method for reporting to the Department the number of 36 
pupils who are enrolled in a program of distance education and the 37 
attendance of those pupils; 38 
 (e) The requirements for assessing the achievement of pupils 39 
who are enrolled in a program of distance education, which must 40 
include, without limitation, the administration of the examinations 41 
required pursuant to NRS 390.105 ; [and, if applicable for the grade 42 
levels of the pupils enrolled, the college and career readiness 43 
assessment pursuant to NRS 390.610;] and 44   
 	– 19 – 
 
 
- 	*AB401* 
 (f) A written description of the process pursuant to which the 1 
State Board may revoke its approval for the operation of a program 2 
of distance education. 3 
 2.  The State Board may adopt regulations as it determines are 4 
necessary to carry out the provisions of NRS 388.820 to 388.874, 5 
inclusive. 6 
 Sec. 17.  NRS 388A.366 is hereby amended to read as follows: 7 
 388A.366 1.  A charter school shall: 8 
 (a) Comply with all laws and regulations relating to 9 
discrimination and civil rights. 10 
 (b) Remain nonsectarian, including, without limitation, in its 11 
educational programs, policies for admission and employment 12 
practices. 13 
 (c) Refrain from charging tuition or fees, except for tuition or 14 
fees that the board of trustees of a school district is authorized to 15 
charge, levying taxes or issuing bonds. 16 
 (d) Comply with any plan for desegregation ordered by a court 17 
that is in effect in the school district in which the charter school is 18 
located. 19 
 (e) Comply with the provisions of chapter 241 of NRS. 20 
 (f) Except as otherwise provided in this paragraph, schedule and 21 
provide annually at least as many days of instruction as are required 22 
of other public schools located in the same school district as the 23 
charter school is located. The governing body of a charter school 24 
may submit a written request to the Superintendent of Public 25 
Instruction for a waiver from providing the days of instruction 26 
required by this paragraph. The Superintendent of Public Instruction 27 
may grant such a request if the governing body demonstrates to the 28 
satisfaction of the Superintendent that: 29 
  (1) Extenuating circumstances exist to justify the waiver; and 30 
  (2) The charter school will provide at least as many hours or 31 
minutes of instruction as would be provided under a program 32 
consisting of 180 days. 33 
 (g) Cooperate with the board of trustees of the school district in 34 
the administration of the examinations administered pursuant to 35 
NRS 390.105 [and, if the charter school enrolls pupils at a high 36 
school grade level, the college and career readiness assessment 37 
administered pursuant to NRS 390.610] to the pupils who are 38 
enrolled in the charter school. 39 
 (h) Comply with applicable statutes and regulations governing 40 
the achievement and proficiency of pupils in this State. 41 
 (i) Provide instruction in the core academic subjects set forth in 42 
subsection 1 of NRS 389.018, as applicable for the grade levels of 43 
pupils who are enrolled in the charter school, and provide at least 44 
the courses of study that are required of pupils by statute or 45   
 	– 20 – 
 
 
- 	*AB401* 
regulation for promotion to the next grade or graduation from a 1 
public high school and require the pupils who are enrolled in the 2 
charter school to take those courses of study. This paragraph does 3 
not preclude a charter school from offering, or requiring the pupils 4 
who are enrolled in the charter school to take, other courses of study 5 
that are required by statute or regulation. 6 
 (j) If the parent or legal guardian of a child submits an 7 
application to enroll in kindergarten, first grade or second grade at 8 
the charter school, comply with NRS 392.040 regarding the ages for 9 
enrollment in those grades. 10 
 (k) Refrain from using public money to purchase real property 11 
or buildings without the approval of the sponsor. 12 
 (l) Hold harmless, indemnify and defend the sponsor of the 13 
charter school against any claim or liability arising from an act or 14 
omission by the governing body of the charter school or an 15 
employee or officer of the charter school. An action at law may not 16 
be maintained against the sponsor of a charter school for any cause 17 
of action for which the charter school has obtained liability 18 
insurance. 19 
 (m) Provide written notice to the parents or legal guardians of 20 
pupils in grades 9 to 12, inclusive, who are enrolled in the charter 21 
school of whether the charter school is accredited by the Northwest 22 
Accreditation Commission. 23 
 (n) Adopt a final budget in accordance with the regulations 24 
adopted by the Department. A charter school is not required to adopt 25 
a final budget pursuant to NRS 354.598 or otherwise comply with 26 
the provisions of chapter 354 of NRS. 27 
 (o) If the charter school provides a program of distance 28 
education pursuant to NRS 388.820 to 388.874, inclusive, comply 29 
with all statutes and regulations that are applicable to a program of 30 
distance education for purposes of the operation of the program. 31 
 2.  A charter school shall not provide instruction through a 32 
program of distance education to children who are exempt from 33 
compulsory enrollment and attendance pursuant to NRS 392.070. 34 
As used in this subsection, “distance education” has the meaning 35 
ascribed to it in NRS 388.826. 36 
 Sec. 18.  NRS 388A.405 is hereby amended to read as follows: 37 
 388A.405 1.  To the extent money is available from 38 
legislative appropriation or otherwise, a charter school may apply to 39 
the Department for money for facilities if: 40 
 (a) The charter school has been operating in this State for at 41 
least 5 consecutive years and is in good financial standing; 42 
 (b) Each financial audit and each performance audit of the 43 
charter school required by the Department pursuant to  44 
NRS 388A.105 or 388A.110 contains no major notations, 45   
 	– 21 – 
 
 
- 	*AB401* 
corrections or errors concerning the charter school for at least 5 1 
consecutive years; 2 
 (c) The charter school has met or exceeded the school 3 
achievement targets and performance targets established pursuant to 4 
the statewide system of accountability for public schools or has 5 
demonstrated improvement in the achievement of pupils enrolled in 6 
the charter school, as indicated by those school achievement targets 7 
and performance targets, for the majority of the years of its 8 
operation; and 9 
 (d) At least 75 percent of the pupils enrolled in grade 12 in the 10 
charter school in the immediately preceding school year have 11 
satisfied the requirements of subsection 2 or 3 [or 4] of NRS 12 
390.600 or the criteria prescribed by the State Board pursuant to 13 
subsection 1 of NRS 390.600, if the charter school enrolls pupils at 14 
a high school grade level. 15 
 2.  A charter school that satisfies the requirements of subsection 16 
1 shall submit to a performance audit as required by the Department 17 
one time every 3 years. The sponsor of the charter school and the 18 
Department shall not request a performance audit of the charter 19 
school more frequently than every 3 years without reasonable 20 
evidence of noncompliance in achieving the educational goals and 21 
objectives of the charter school based upon the annual report 22 
submitted to the Department pursuant to NRS 388A.351. If the 23 
charter school no longer satisfies the requirements of subsection 1 or 24 
if reasonable evidence of noncompliance in achieving the 25 
educational goals and objectives of the charter school exists based 26 
upon the annual report, the charter school shall, upon written notice 27 
from the sponsor, submit to an annual performance audit. 28 
Notwithstanding the provisions of paragraph (b) of subsection 1, 29 
such a charter school: 30 
 (a) May, after undergoing the annual performance audit, reapply 31 
to the sponsor to determine whether the charter school satisfies the 32 
requirements of paragraphs (a), (c) and (d) of subsection 1. 33 
 (b) Is not eligible for any available money pursuant to 34 
subsection 1 until the sponsor determines that the charter school 35 
satisfies the requirements of that subsection. 36 
 3.  A charter school that does not satisfy the requirements of 37 
subsection 1 shall submit a quarterly report of the financial status of 38 
the charter school if requested by the sponsor of the charter school. 39 
 Sec. 19.  NRS 388C.120 is hereby amended to read as follows: 40 
 388C.120 1.  A university school for profoundly gifted pupils 41 
shall determine the eligibility of a pupil for admission to the school 42 
based upon a comprehensive assessment of the pupil’s potential for 43 
academic and intellectual achievement at the school, including, 44 
without limitation, intellectual and academic ability, motivation, 45   
 	– 22 – 
 
 
- 	*AB401* 
emotional maturity and readiness for the environment of an 1 
accelerated educational program. The assessment must be conducted 2 
by a broad-based committee of professionals in the field of 3 
education. 4 
 2.  A person who wishes to apply for admission to a university 5 
school for profoundly gifted pupils must: 6 
 (a) Submit to the governing body of the school: 7 
  (1) A completed application; 8 
  (2) Evidence that the applicant possesses advanced 9 
intellectual and academic ability, including, without limitation, 10 
proof that he or she satisfies the requirements of NRS 388C.030; 11 
  (3) At least three letters of recommendation from teachers or 12 
mentors familiar with the academic and intellectual ability of the 13 
applicant;  14 
  (4) A transcript from each school previously attended by the 15 
applicant; and 16 
  (5) Such other information as may be requested by the 17 
university school or governing body of the school. 18 
 (b) If requested by the governing body of the school, participate 19 
in an on-campus interview. 20 
 3.  The curriculum developed for pupils in a university school 21 
for profoundly gifted pupils must provide exposure to the subject 22 
areas required of pupils enrolled in other public schools. 23 
 4.  The Superintendent of Public Instruction shall, upon 24 
recommendation of the governing body, issue a high school diploma 25 
to a pupil who is enrolled in a university school for profoundly 26 
gifted pupils if that pupil: 27 
 (a) Satisfies the requirements of subsection 2 or 3 [or 4] of NRS 28 
390.600; or 29 
 (b) Satisfies the criteria prescribed by the State Board pursuant 30 
to subsection 1 of NRS 390.600, successfully passes the courses in 31 
American government and American history as required by NRS 32 
389.054 and 389.057 and successfully completes any requirements 33 
established by the State Board of Education for graduation from 34 
high school. 35 
 5.  On or before March 1 of each odd-numbered year, the 36 
governing body of a university school for profoundly gifted pupils 37 
shall prepare and submit to the Superintendent of Public Instruction, 38 
the president of the university where the university school for 39 
profoundly gifted pupils is located, the State Board and the Director 40 
of the Legislative Counsel Bureau a report that contains information 41 
regarding the school, including, without limitation, the process used 42 
by the school to identify and recruit profoundly gifted pupils from 43 
diverse backgrounds and with diverse talents, and data assessing the 44 
success of the school in meeting the educational needs of its pupils. 45   
 	– 23 – 
 
 
- 	*AB401* 
 Sec. 20.  NRS 388G.120 is hereby amended to read as follows: 1 
 388G.120 1.  Each empowerment plan for a school must: 2 
 (a) Set forth the manner by which the school will be governed; 3 
 (b) Set forth the proposed budget for the school, including, 4 
without limitation, the cost of carrying out the empowerment plan, 5 
and the manner by which the money apportioned to the school will 6 
be administered; 7 
 (c) Prescribe the academic plan for the school, including, 8 
without limitation, the manner by which courses of study will be 9 
provided to the pupils enrolled in the school and any special 10 
programs that will be offered for pupils; 11 
 (d) Prescribe the manner by which the achievement of pupils 12 
will be measured and reported for the school, including, without 13 
limitation, the results of the pupils on the examinations administered 14 
pursuant to NRS 390.105 ; [and, if applicable for the grade levels of 15 
the empowerment school, the college and career readiness 16 
assessment administered pursuant to NRS 390.610;] 17 
 (e) Prescribe the manner by which teachers and other licensed 18 
educational personnel will be selected and hired for the school, 19 
which must be determined and negotiated pursuant to chapter 288 of 20 
NRS; 21 
 (f) Prescribe the manner by which all other staff for the school 22 
will be selected and hired, which must be determined and negotiated 23 
pursuant to chapter 288 of NRS; 24 
 (g) Indicate whether the empowerment plan will offer an 25 
incentive pay structure for staff and a description of that pay 26 
structure, if applicable; 27 
 (h) Indicate the intended ratio of pupils to teachers at the school, 28 
designated by grade level, which must comply with NRS 388.700 or 29 
388.720, as applicable; 30 
 (i) Provide a description of the professional development that 31 
will be offered to the teachers and other licensed educational 32 
personnel employed at the school; 33 
 (j) Prescribe the manner by which the empowerment plan will 34 
increase the involvement of parents and legal guardians of pupils 35 
enrolled in the school;  36 
 (k) Comply with the plan to improve the achievement of the 37 
pupils enrolled in the school prepared pursuant to NRS 385A.650; 38 
 (l) Address the specific educational needs and concerns of the 39 
pupils who are enrolled in the school; and 40 
 (m) Set forth the calendar and schedule for the school. 41 
 2.  If the empowerment plan includes an incentive pay structure, 42 
that pay structure must: 43 
 (a) Provide an incentive for all staff employed at the school; 44   
 	– 24 – 
 
 
- 	*AB401* 
 (b) Set forth the standards that must be achieved by the pupils 1 
enrolled in the school and any other measurable objectives that must 2 
be met to be eligible for incentive pay; and 3 
 (c) Be in addition to the salary or hourly rate of pay negotiated 4 
pursuant to chapter 288 of NRS that is otherwise payable to the 5 
employee. 6 
 3. An empowerment plan may: 7 
 (a) Request a waiver from a statute contained in this title or a 8 
regulation of the State Board or the Department. 9 
 (b) Identify the services of the school district which the school 10 
wishes to receive, including, without limitation, professional 11 
development, transportation, food services and discretionary 12 
services. Upon approval of the empowerment plan, the school 13 
district may deduct from the total apportionment to the 14 
empowerment school the costs of such services. 15 
 4. For purposes of determining the budget pursuant to 16 
paragraph (b) of subsection 1, if a public school which converts to 17 
an empowerment school is a: 18 
 (a) Charter school, the amount of the budget is the amount equal 19 
to the apportionments and allowances from the State Education 20 
Fund pursuant to NRS 387.121 to 387.12468, inclusive, and its 21 
proportionate share of any other money available from federal, state 22 
or local sources that the school or the pupils enrolled in the school 23 
are eligible to receive. 24 
 (b) Public school, other than a charter school, the empowerment 25 
team for the school shall have discretion of 90 percent of the amount 26 
of money from the state financial aid and local funds that the school 27 
district apportions for the school, without regard to any line-item 28 
specifications or specific uses determined advisable by the school 29 
district, unless the empowerment team determines that a lesser 30 
amount is necessary to carry out the empowerment plan. 31 
 Sec. 21.  NRS 388G.210 is hereby amended to read as follows: 32 
 388G.210 1. Except as otherwise provided pursuant to a 33 
waiver granted in accordance with NRS 388G.130 or 388G.140, 34 
each empowerment school, each person employed by an 35 
empowerment school and each pupil enrolled in an empowerment 36 
school shall comply with the applicable requirements of state law, 37 
including, without limitation, the standards of content and 38 
performance prescribed pursuant to NRS 389.520 and the 39 
examinations that are administered pursuant to NRS 390.105 . [and 40 
the college and career readiness assessment administered pursuant 41 
to NRS 390.610.] 42 
 2.  Each empowerment school may accept gifts, grants and 43 
donations from any source for the support of its empowerment plan. 44 
A person who gives a gift, grant or donation may designate all or 45   
 	– 25 – 
 
 
- 	*AB401* 
part of the gift, grant or donation specifically to carry out the 1 
incentive pay structure of the school, if applicable. 2 
 Sec. 22.  NRS 390.015 is hereby amended to read as follows: 3 
 390.015 The board of trustees of each school district shall 4 
maintain on its Internet website, and shall post in a timely manner, 5 
all pertinent information concerning the examinations and 6 
assessments available to children who reside in the school district, 7 
including, without limitation, the dates and times of, and contact 8 
information concerning, such examinations and assessments. The 9 
examinations and assessments posted must include, without 10 
limitation [: 11 
 1. The college and career readiness assessment administered 12 
pursuant to NRS 390.610. 13 
 2. All other] , all college entrance examinations offered in this 14 
State, including, without limitation, the Scholastic Aptitude Test, the 15 
American College Test, the Preliminary Scholastic Aptitude Test 16 
and the National Merit Scholarship Qualifying Test. 17 
 Sec. 23.  NRS 390.255 is hereby amended to read as follows: 18 
 390.255 “Irregularity in testing administration” means the 19 
failure to administer an examination to pupils pursuant to NRS 20 
390.105 [or the college and career readiness assessment pursuant to 21 
NRS 390.610] in the manner intended by the person or entity that 22 
created the examination . [or assessment.] 23 
 Sec. 24.  NRS 390.260 is hereby amended to read as follows: 24 
 390.260 “Irregularity in testing security” means an act or 25 
omission that tends to corrupt or impair the security of an 26 
examination administered to pupils pursuant to NRS 390.105 , [or 27 
the college and career readiness assessment administered pursuant 28 
to NRS 390.610,] including, without limitation: 29 
 1.  The failure to comply with security procedures adopted 30 
pursuant to NRS 390.270 or 390.275; 31 
 2.  The disclosure of questions or answers to questions on an 32 
examination [or assessment] in a manner not otherwise approved by 33 
law; and 34 
 3.  Other breaches in the security or confidentiality of the 35 
questions or answers to questions on an examination . [or 36 
assessment.] 37 
 Sec. 25.  NRS 390.270 is hereby amended to read as follows: 38 
 390.270 1.  The Department shall, by regulation or otherwise, 39 
adopt and enforce a plan setting forth procedures to ensure the 40 
security of examinations that are administered to pupils pursuant to 41 
NRS 390.105 . [and the college and career readiness assessment 42 
administered pursuant to NRS 390.610.] 43 
 2.  A plan adopted pursuant to subsection 1 must include, 44 
without limitation: 45   
 	– 26 – 
 
 
- 	*AB401* 
 (a) Procedures pursuant to which pupils, school officials and 1 
other persons may, and are encouraged to, report irregularities in 2 
testing administration and testing security. 3 
 (b) Procedures necessary to ensure the security of test materials 4 
and the consistency of testing administration. 5 
 (c) Procedures that specifically set forth the action that must be 6 
taken in response to a report of an irregularity in testing 7 
administration or testing security and the actions that must be taken 8 
during an investigation of such an irregularity. For each action that 9 
is required, the procedures must identify: 10 
  (1) By category, the employees of the school district, charter 11 
school or Department, or any combination thereof, who are 12 
responsible for taking the action; and  13 
  (2) Whether the school district, charter school or 14 
Department, or any combination thereof, is responsible for ensuring 15 
that the action is carried out successfully. 16 
 (d) Objective criteria that set forth the conditions under which a 17 
school, including, without limitation, a charter school or a school 18 
district, or both, is required to file a plan for corrective action in 19 
response to an irregularity in testing administration or testing 20 
security for the purposes of NRS 390.295. 21 
 3.  The Department shall post a copy of the plan adopted 22 
pursuant to this section and the procedures set forth therein on the 23 
Internet website maintained by the Department. 24 
 Sec. 26.  NRS 390.275 is hereby amended to read as follows: 25 
 390.275 1.  The board of trustees of each school district shall, 26 
for each public school in the district, including, without limitation, 27 
charter schools, adopt and enforce a plan setting forth procedures to 28 
ensure the security of examinations . [and assessments.] 29 
 2.  A plan adopted pursuant to subsection 1 must include, 30 
without limitation: 31 
 (a) Procedures pursuant to which pupils, school officials and 32 
other persons may, and are encouraged to, report irregularities in 33 
testing administration and testing security. 34 
 (b) Procedures necessary to ensure the security of test materials 35 
and the consistency of testing administration. 36 
 (c) With respect to secondary schools, procedures pursuant to 37 
which the school district or charter school, as appropriate, will 38 
verify the identity of pupils taking an examination . [or assessment.] 39 
 (d) Procedures that specifically set forth the action that must be 40 
taken in response to a report of an irregularity in testing 41 
administration or testing security and the action that must be taken 42 
during an investigation of such an irregularity. For each action that 43 
is required, the procedures must identify, by category, the 44 
employees of the school district or charter school who are 45   
 	– 27 – 
 
 
- 	*AB401* 
responsible for taking the action and for ensuring that the action is 1 
carried out successfully. 2 
 The procedures adopted pursuant to this subsection must be 3 
consistent, to the extent applicable, with the procedures adopted by 4 
the Department pursuant to NRS 390.270. 5 
 3.  A copy of each plan adopted pursuant to this section and the 6 
procedures set forth therein must be submitted on or before 7 
September 1 of each year to: 8 
 (a) The State Board; and 9 
 (b) The Joint Interim Standing Committee on Education, created 10 
pursuant to NRS 218E.320. 11 
 4.  On or before September 30 of each school year, the board of 12 
trustees of each school district and the governing body of each 13 
charter school shall provide a written notice regarding the 14 
examinations [and assessments] to all teachers and educational 15 
personnel employed by the school district or governing body, all 16 
personnel employed by the school district or governing body who 17 
are involved in the administration of the examinations , [and 18 
assessments,] all pupils who are required to take the examinations 19 
[or assessments] and all parents and legal guardians of such pupils. 20 
The written notice must be prepared in a format that is easily 21 
understood and must include, without limitation, a description of 22 
the: 23 
 (a) Plan adopted pursuant to this section; and 24 
 (b) Action that may be taken against personnel and pupils for 25 
violations of the plan or for other irregularities in testing 26 
administration or testing security. 27 
 5.  As used in this section: 28 
 (a) [“Assessment” means the college and career readiness 29 
assessment administered to pupils enrolled in grade 11 pursuant to 30 
NRS 390.610. 31 
 (b)] “Examination” means: 32 
  (1) The examinations that are administered to pupils pursuant 33 
to NRS 390.105; and  34 
  (2) Any other examinations which measure the achievement 35 
and proficiency of pupils and which are administered to pupils on a 36 
district-wide basis. 37 
 [(c)] (b) “Irregularity in testing administration” means the 38 
failure to administer an examination [or assessment] in the manner 39 
intended by the person or entity that created the examination . [or 40 
assessment. 41 
 (d)] (c) “Irregularity in testing security” means an act or 42 
omission that tends to corrupt or impair the security of an 43 
examination , [or assessment,] including, without limitation: 44   
 	– 28 – 
 
 
- 	*AB401* 
  (1) The failure to comply with security procedures adopted 1 
pursuant to this section or NRS 390.270; 2 
  (2) The disclosure of questions or answers to questions on an 3 
examination [or assessment] in a manner not otherwise approved by 4 
law; and 5 
  (3) Other breaches in the security or confidentiality of the 6 
questions or answers to questions on an examination . [or 7 
assessment.] 8 
 Sec. 27.  NRS 390.280 is hereby amended to read as follows: 9 
 390.280 1.  If the Department: 10 
 (a) Has reason to believe that a violation of the plan adopted 11 
pursuant to NRS 390.270 may have occurred;  12 
 (b) Has reason to believe that a violation of the plan adopted 13 
pursuant to NRS 390.275 may have occurred with respect to an 14 
examination that is administered pursuant to NRS 390.105 ; [or the 15 
college and career readiness assessment administered pursuant to 16 
NRS 390.610;] or 17 
 (c) Receives a request pursuant to subparagraph (2) of paragraph 18 
(b) of subsection 1 of NRS 390.285 to investigate a potential 19 
violation of the plan adopted pursuant to NRS 390.275 with respect 20 
to an examination that is administered pursuant to NRS 390.105 , 21 
[or the college and career readiness assessment administered 22 
pursuant to NRS 390.610,] 23 
 the Department shall investigate the matter as it deems 24 
appropriate. 25 
 2.  If the Department investigates a matter pursuant to 26 
subsection 1, the Department may issue a subpoena to compel the 27 
attendance or testimony of a witness or the production of any 28 
relevant materials, including, without limitation, books, papers, 29 
documents, records, photographs, recordings, reports and tangible 30 
objects.  31 
 3.  If a witness refuses to attend, testify or produce materials as 32 
required by the subpoena, the Department may report to the district 33 
court by petition, setting forth that: 34 
 (a) Due notice has been given of the time and place of 35 
attendance or testimony of the witness or the production of 36 
materials; 37 
 (b) The witness has been subpoenaed by the Department 38 
pursuant to this section; and 39 
 (c) The witness has failed or refused to attend, testify or produce 40 
materials before the Department as required by the subpoena, or has 41 
refused to answer questions propounded to him or her, 42 
 and asking for an order of the court compelling the witness to 43 
attend, testify or produce materials before the Department. 44   
 	– 29 – 
 
 
- 	*AB401* 
 4.  Upon receipt of such a petition, the court shall enter an order 1 
directing the witness to appear before the court at a time and place 2 
to be fixed by the court in its order, the time to be not more than 10 3 
days after the date of the order, and then and there show cause  4 
why the witness has not attended, testified or produced materials 5 
before the Department. A certified copy of the order must be served 6 
upon the witness. 7 
 5.  If it appears to the court that the subpoena was regularly 8 
issued by the Department, the court shall enter an order that the 9 
witness appear before the Department at a time and place fixed in 10 
the order and testify or produce materials, and that upon failure to 11 
obey the order the witness must be dealt with as for contempt of 12 
court. 13 
 Sec. 28.  NRS 390.285 is hereby amended to read as follows: 14 
 390.285 1.  If a school official has reason to believe that a 15 
violation of the plan adopted pursuant to NRS 390.275 may have 16 
occurred, the school official shall immediately report the incident to 17 
the board of trustees of the school district. If the board of trustees of 18 
a school district has reason to believe that a violation of the plan 19 
adopted pursuant to NRS 390.275 may have occurred, the board of 20 
trustees shall: 21 
 (a) If the violation is with respect to an examination 22 
administered pursuant to NRS 390.105 , [or the college and career 23 
readiness assessment administered pursuant to NRS 390.610,] 24 
immediately report the incident to the Department orally or in 25 
writing followed by a comprehensive written report within 14 26 
school days after the incident occurred; and 27 
 (b) Cause to be commenced an investigation of the incident. The 28 
board of trustees may carry out the requirements of this paragraph 29 
by: 30 
  (1) Investigating the incident as it deems appropriate, 31 
including, without limitation, using the powers of subpoena set forth 32 
in this section. 33 
  (2) With respect to an examination that is administered 34 
pursuant to NRS 390.105 , [or the college and career readiness 35 
assessment administered pursuant to NRS 390.610,] requesting that 36 
the Department investigate the incident pursuant to NRS 390.280. 37 
 The fact that a board of trustees elects initially to carry out its 38 
own investigation pursuant to subparagraph (1) of paragraph (b) 39 
does not affect the ability of the board of trustees to request, at any 40 
time, that the Department investigate the incident as authorized 41 
pursuant to subparagraph (2) of paragraph (b). 42 
 2.  Except as otherwise provided in this subsection, if the board 43 
of trustees of a school district proceeds in accordance with 44 
subparagraph (1) of paragraph (b) of subsection 1, the board of 45   
 	– 30 – 
 
 
- 	*AB401* 
trustees may issue a subpoena to compel the attendance or testimony 1 
of a witness or the production of any relevant materials, including, 2 
without limitation, books, papers, documents, records, photographs, 3 
recordings, reports and tangible objects. A board of trustees shall 4 
not issue a subpoena to compel the attendance or testimony of a 5 
witness or the production of materials unless the attendance, 6 
testimony or production sought to be compelled is related directly to 7 
a violation or an alleged violation of the plan adopted pursuant to 8 
NRS 390.275. 9 
 3. If a witness refuses to attend, testify or produce materials as 10 
required by the subpoena, the board of trustees may report to the 11 
district court by petition, setting forth that: 12 
 (a) Due notice has been given of the time and place of 13 
attendance or testimony of the witness or the production of 14 
materials; 15 
 (b) The witness has been subpoenaed by the board of trustees 16 
pursuant to this section; and 17 
 (c) The witness has failed or refused to attend, testify or produce 18 
materials before the board of trustees as required by the subpoena, 19 
or has refused to answer questions propounded to him or her, 20 
 and asking for an order of the court compelling the witness to 21 
attend, testify or produce materials before the board of trustees. 22 
 4. Upon receipt of such a petition, the court shall enter an order 23 
directing the witness to appear before the court at a time and place 24 
to be fixed by the court in its order, the time to be not more than 10 25 
days after the date of the order, and then and there show cause why 26 
the witness has not attended, testified or produced materials before 27 
the board of trustees. A certified copy of the order must be served 28 
upon the witness. 29 
 5. If it appears to the court that the subpoena was regularly 30 
issued by the board of trustees, the court shall enter an order that the 31 
witness appear before the board of trustees at a time and place fixed 32 
in the order and testify or produce materials, and that upon failure to 33 
obey the order the witness must be dealt with as for contempt of 34 
court. 35 
 Sec. 29.  NRS 390.300 is hereby amended to read as follows: 36 
 390.300 1.  The Department shall establish a program of 37 
education and training regarding the administration and security of 38 
the examinations administered pursuant to NRS 390.105 . [and the 39 
college and career readiness assessment administered pursuant to 40 
NRS 390.610.] Upon approval of the Department, the board of 41 
trustees of a school district or the governing body of a charter school 42 
may establish an expanded program of education and training that 43 
includes additional education and training if the expanded program 44 
complies with the program established by the Department. 45   
 	– 31 – 
 
 
- 	*AB401* 
 2.  The board of trustees of each school district and the 1 
governing body of each charter school shall ensure that: 2 
 (a) All the teachers and other educational personnel who provide 3 
instruction to pupils enrolled in a grade level that is required to be 4 
tested pursuant to NRS 390.105, [390.600 or 390.610,] and all other 5 
personnel who are involved with the administration of the 6 
examinations that are administered pursuant to NRS 390.105 , [or 7 
the college and career readiness assessment administered pursuant 8 
to NRS 390.610,] receive, on an annual basis, the program of 9 
education and training established by the Department or the 10 
expanded program, if applicable; and 11 
 (b) The training and education is otherwise available for all 12 
personnel who are not required to receive the training and education 13 
pursuant to paragraph (a). 14 
 Sec. 30.  NRS 390.350 is hereby amended to read as follows: 15 
 390.350 As used in NRS 390.350 to 390.430, inclusive, unless 16 
the context otherwise requires, the words and terms defined in NRS 17 
[390.355] 390.360 to 390.380, inclusive, have the meanings 18 
ascribed to them in those sections. 19 
 Sec. 31.  NRS 390.365 is hereby amended to read as follows: 20 
 390.365 “Irregularity in testing administration” means the 21 
failure to administer an examination [or assessment] in the manner 22 
intended by the person or entity that created the examination . [or 23 
assessment.] 24 
 Sec. 32.  NRS 390.370 is hereby amended to read as follows: 25 
 390.370 “Irregularity in testing security” means an act or 26 
omission that tends to corrupt or impair the security of an 27 
examination , [or assessment,] including, without limitation: 28 
 1.  The failure to comply with security procedures adopted 29 
pursuant to NRS 390.270 or 390.275; 30 
 2.  The disclosure of questions or answers to questions on an 31 
examination [or assessment] in a manner not otherwise approved by 32 
law; and 33 
 3.  Other breaches in the security or confidentiality of the 34 
questions or answers to questions on an examination . [or 35 
assessment.] 36 
 Sec. 33.  NRS 390.600 is hereby amended to read as follows: 37 
 390.600 1.  The State Board shall adopt regulations that, 38 
except as otherwise provided in subsection [3,] 2, prescribe the 39 
criteria for a pupil to receive a standard high school diploma, which 40 
must include, without limitation, the requirement that [: 41 
 (a) A pupil enrolled in grade 11 take the college and career 42 
readiness assessment administered pursuant to NRS 390.610; and 43 
 (b) Commencing] , commencing with the graduating class of 44 
2022 and each graduating class thereafter, a pupil successfully 45   
 	– 32 – 
 
 
- 	*AB401* 
complete a course of study designed to prepare the pupil for 1 
graduation from high school and for readiness for college and 2 
career. 3 
 2. [The criteria prescribed by the State Board pursuant to 4 
subsection 1 for a pupil to receive a standard high school diploma 5 
must not include the results of the pupil on the college and career 6 
readiness assessment administered to the pupil in grade 11 pursuant 7 
to NRS 390.610. 8 
 3.]  A pupil with a disability who does not satisfy the 9 
requirements to receive a standard high school diploma prescribed 10 
by the State Board pursuant to subsection 1 may receive a standard 11 
high school diploma if the pupil demonstrates, through a portfolio of 12 
the pupil’s work, proficiency in the standards of content and 13 
performance established by the Council to Establish Academic 14 
Standards for Public Schools pursuant to NRS 389.520.  15 
 [4.] 3. A pupil with a disability who does not satisfy the 16 
requirements for receipt of a standard high school diploma 17 
prescribed in subsection [3] 2 or by the State Board pursuant to 18 
subsection 1 may receive a diploma designated as an: 19 
 (a) Adjusted diploma if the pupil satisfies the requirements set 20 
forth in his or her individualized education program; or 21 
 (b) Alternative diploma if the pupil: 22 
  (1) Has a significant cognitive disability; and 23 
  (2) Participates in an alternate assessment prescribed by the 24 
State Board. 25 
 [5.] 4. If a pupil does not satisfy the requirements to receive a 26 
standard high school diploma prescribed by subsection [3] 2 or by 27 
the State Board pursuant to subsection 1, the pupil must not be 28 
issued a certificate of attendance or any other document indicating 29 
that the pupil attended high school but did not satisfy the 30 
requirements for such a diploma. The provisions of this subsection 31 
do not apply to a pupil who receives an adjusted diploma or an 32 
alternative diploma pursuant to subsection [4.] 3. 33 
 [6.] 5. As used in this section, “individualized education 34 
program” has the meaning ascribed to it in 20 U.S.C. § 35 
1414(d)(1)(A). 36 
 Sec. 34.  NRS 390.840 is hereby amended to read as follows: 37 
 390.840 If the Department enters into a contract with a person 38 
or entity to score the results of an examination that is administered 39 
to pupils pursuant to NRS 390.105 , [or the college and career 40 
readiness assessment administered pursuant to NRS 390.610,] and 41 
the contract sets forth penalties or sanctions in the event that the 42 
person or entity fails to deliver the scored results to a school district 43 
or charter school on a timely basis, the Department shall ensure that 44 
any such penalties or sanctions are fully enforced. 45   
 	– 33 – 
 
 
- 	*AB401* 
 Sec. 35.  NRS 391.330 is hereby amended to read as follows: 1 
 391.330 1. The State Board may suspend or revoke the 2 
license of any teacher, administrator or other licensed employee, or 3 
may issue a letter of reprimand to any teacher, administrator or other 4 
licensed employee, after notice and an opportunity for hearing have 5 
been provided pursuant to NRS 391.322 and 391.323, for: 6 
 (a) Unprofessional conduct. 7 
 (b) Immorality, as defined in NRS 391.650. 8 
 (c) Evident unfitness for service. 9 
 (d) Physical or mental incapacity which renders the teacher, 10 
administrator or other licensed employee unfit for service. 11 
 (e) Conviction of a felony or crime involving moral turpitude. 12 
 (f) Conviction of a sex offense under NRS 200.366, 200.368, 13 
201.190, 201.220, 201.230, 201.540 or 201.560 in which a pupil 14 
enrolled in a school of a county school district was the victim. 15 
 (g) Conviction of a violation of NRS 201.553. 16 
 (h) Knowingly advocating the overthrow of the Federal 17 
Government or of the State of Nevada by force, violence or 18 
unlawful means. 19 
 (i) Persistent defiance of or refusal to obey the regulations of the 20 
State Board, the Commission or the Superintendent of Public 21 
Instruction, defining and governing the duties of teachers, 22 
administrators and other licensed employees. 23 
 (j) Breaches in the security or confidentiality of the questions 24 
and answers of the examinations that are administered pursuant to 25 
NRS 390.105 . [and the college and career readiness assessment 26 
administered pursuant to NRS 390.610.] 27 
 (k) Intentional failure to observe and carry out the requirements 28 
of a plan to ensure the security of examinations [and assessments] 29 
adopted pursuant to NRS 390.270 or 390.275. 30 
 (l) An intentional violation of NRS 388.497 or 388.499. 31 
 (m) Knowingly and willfully failing to comply with the 32 
provisions of NRS 388.1351. 33 
 (n) A substantiated report of abuse or neglect of a child, as 34 
defined in NRS 432B.020, or a violation of NRS 201.540, 201.553, 35 
201.560, 392.4633 or 394.366 made against the applicant in any 36 
state. 37 
 2. The State Board shall adopt regulations governing the 38 
process by which a letter of reprimand may be issued to a teacher, 39 
administrator or other licensed employee pursuant to this section, 40 
including, without limitation, regulations concerning the time period 41 
during which a letter of reprimand will remain on the record of the 42 
teacher, administrator or other licensed employee. 43 
 3. A teacher, administrator or other licensed employee whose 44 
license is suspended pursuant to this section: 45   
 	– 34 – 
 
 
- 	*AB401* 
 (a) May apply to reinstate his or her license after the period of 1 
suspension, as determined by the State Board, is completed; and 2 
 (b) If he or she applies to reinstate his or her license pursuant to 3 
paragraph (a), shall: 4 
  (1) Submit a new application for licensure to the Department; 5 
and  6 
  (2) Pay the appropriate fee for licensure. 7 
 4. A teacher, administrator or other licensed employee whose 8 
license is revoked may not apply to reinstate his or her license and 9 
the Department shall not grant a new license to such a person. 10 
 Sec. 36.  NRS 391.750 is hereby amended to read as follows: 11 
 391.750 1.  A teacher may be suspended, dismissed or not 12 
reemployed and an administrator may be demoted, suspended, 13 
dismissed or not reemployed for the following reasons: 14 
 (a) Inefficiency; 15 
 (b) Immorality; 16 
 (c) Unprofessional conduct; 17 
 (d) Insubordination; 18 
 (e) Neglect of duty; 19 
 (f) Physical or mental incapacity; 20 
 (g) A justifiable decrease in the number of positions due to 21 
decreased enrollment or district reorganization; 22 
 (h) Conviction of a felony or of a crime involving moral 23 
turpitude; 24 
 (i) Inadequate performance; 25 
 (j) Evident unfitness for service; 26 
 (k) Failure to comply with such reasonable requirements as a 27 
board may prescribe; 28 
 (l) Failure to show normal improvement and evidence of 29 
professional training and growth; 30 
 (m) Advocating overthrow of the Government of the United 31 
States or of the State of Nevada by force, violence or other unlawful 32 
means, or the advocating or teaching of communism with the intent 33 
to indoctrinate pupils to subscribe to communistic philosophy; 34 
 (n) Any cause which constitutes grounds for the revocation of a 35 
teacher’s license; 36 
 (o) Willful neglect or failure to observe and carry out the 37 
requirements of this title;  38 
 (p) Dishonesty; 39 
 (q) Intentional failure to observe and carry out the requirements 40 
of a plan to ensure the security of examinations [and assessments] 41 
adopted pursuant to NRS 390.270 or 390.275; 42 
 (r) An intentional violation of NRS 388.497 or 388.499; 43 
 (s) Knowingly and willfully failing to comply with the 44 
provisions of NRS 388.1351; 45   
 	– 35 – 
 
 
- 	*AB401* 
 (t) Knowingly and willfully violating any provision of NRS 1 
391.850 to 391.930, inclusive; 2 
 (u) Gross misconduct; or 3 
 (v) An intentional failure to report a violation of NRS 388.135 if 4 
the teacher or administrator witnessed the violation. 5 
 2.  If a teacher or administrator is found, through an 6 
investigation of a testing irregularity, to have willfully breached the 7 
security or confidentiality of the questions and answers of the 8 
examinations that are administered pursuant to NRS 390.105 , [or 9 
the college and career readiness assessment administered pursuant 10 
to NRS 390.610,] the board of trustees of a school district, 11 
governing body of a charter school or governing body of a 12 
university school for profoundly gifted pupils, as applicable, shall: 13 
 (a) Suspend, dismiss or fail to reemploy the teacher; or 14 
 (b) Demote, suspend, dismiss or fail to reemploy the 15 
administrator. 16 
 3. In determining whether the professional performance of a 17 
licensed employee is inadequate, consideration must be given to the 18 
regular and special evaluation reports prepared in accordance with 19 
the policy of the employing school district and to any written 20 
standards of performance which may have been adopted by the 21 
board. 22 
 4.  As used in this section, “gross misconduct” includes any act 23 
or omission that is in wanton, willful, reckless or deliberate 24 
disregard of the interests of a school or school district or a pupil 25 
thereof. 26 
 Sec. 37.  NRS 390.355, 390.610 and 390.620 are hereby 27 
repealed. 28 
 Sec. 38.  This act becomes effective on July 1, 2026. 29 
 
 
TEXT OF REPEALED SECTIONS 
 
 
 390.355 “Assessment” defined. “Assessment” means the 
college and career readiness assessment administered to pupils in 
grade 11 pursuant to NRS 390.610. 
 
 
 
 
 
 
   
 	– 36 – 
 
 
- 	*AB401* 
 390.610 State Board to select college and career readiness 
assessment for grade 11; requirement of pupil to take 
assessment; results not used for receipt of standard high school 
diploma; use of results to provide data and information for 
pupil; adoption of regulations prescribing manner in which 
results must be used to inform instruction to pupils in grade 12. 
 1.  The State Board shall select a college and career readiness 
assessment for administration to pupils who are enrolled in grade 11 
in public high schools. 
 2. Except as otherwise provided in this subsection, a pupil must 
take the college and career readiness assessment to receive a 
standard high school diploma. A pupil with a disability may, in 
accordance with his or her individualized education program, be 
exempt from the requirement to take the college and career 
readiness assessment. 
 3.  The results of a pupil on the college and career readiness 
assessment: 
 (a) Must not be used in the determination of whether the pupil 
satisfies the requirements for receipt of standard high school 
diploma. 
 (b) May be used in the determination of whether the pupil 
satisfies the requirements for receipt of a college and career ready 
high school diploma. 
 4. The assessment selected pursuant to subsection 1 must be: 
 (a) Administered at the same time during the school year by the 
board of trustees of each school district to pupils enrolled in grade 
11 in all public high schools of the school district and by the 
governing body of each charter school that enrolls pupils in grade 
11, as prescribed by the State Board, and in accordance with 
uniform procedures adopted by the State Board. The Department 
shall monitor the compliance of the school districts and individual 
schools with the uniform procedures and report to the State Board 
any instance of noncompliance. 
 (b) Administered in accordance with the plan adopted by the 
Department pursuant to NRS 390.270 and with the plan adopted by 
the board of trustees of the school district in which the assessment is 
administered pursuant to NRS 390.275. The Department shall 
monitor the compliance of the school districts and individual 
schools with: 
  (1) The plan adopted by the Department; and 
  (2) The plan adopted by the board of trustees of the 
applicable school district, to the extent that the plan adopted by the 
board of trustees of the school district is consistent with the plan 
adopted by the Department,   
 	– 37 – 
 
 
- 	*AB401* 
 and shall report to the State Board any instance of 
noncompliance. 
 5. The assessment selected pursuant to subsection 1 must:  
 (a) Be used to provide data and information to each pupil who 
takes the assessment in a manner that allows the pupil to review the 
areas of his or her academic strengths and weaknesses, including, 
without limitation, areas where additional work in the subject areas 
tested on the assessment is necessary to prepare for college and 
career success without the need for remediation; and 
 (b) Allow teachers and other educational personnel to use the 
results of a pupil on the assessment to provide appropriate 
interventions for the pupil to prepare for college and career success. 
 6. The Department shall ensure the availability of authorized 
supports to pupils who are English learners for the assessment 
selected pursuant to subsection 1. 
 7. The State Board shall adopt regulations prescribing the 
manner in which the results of a college and career readiness 
assessment selected pursuant to subsection 1 must be used by a 
school district or charter school that operates as a high school to 
inform the instruction provided to pupils enrolled in grade 12, 
including, without limitation, to determine whether to provide 
remediation in areas of academic weakness and acceleration in areas 
of academic strength. 
 8. The State Board may work in consultation with the boards of 
trustees of school districts and, if a charter school enrolls pupils at a 
high school grade level, the governing body of the charter school to 
develop and implement appropriate plans of remediation for pupils 
based upon the results of the pupils on the assessment. 
 390.620 Department required to develop and post on 
Internet website informational pamphlet concerning college and 
career readiness assessment; posting of pamphlet and 
distribution to pupils and parents. 
 1.  The Department shall develop an informational pamphlet 
concerning the college and career readiness assessment administered 
pursuant to NRS 390.610 for pupils who are enrolled in junior high, 
middle school and high school, and their parents and legal 
guardians. The pamphlet must include a written explanation of the: 
 (a) Importance of taking the college and career readiness 
assessment; 
 (b) Subject areas tested on the college and career readiness 
assessment; and 
 (c) Format for the college and career readiness assessment, 
including, without limitation, the range of items that is contained on 
the assessment.   
 	– 38 – 
 
 
- 	*AB401* 
 2.  The Department shall review the pamphlet on an annual 
basis and make such revisions to the pamphlet as it considers 
necessary to ensure that pupils and their parents or legal guardians 
fully understand the college and career readiness assessment. 
 3.  On or before September 1, the Department shall: 
 (a) Provide an electronic copy of the pamphlet or revised 
pamphlet to the board of trustees of each school district and the 
governing body of each charter school that includes pupils enrolled 
in a junior high, middle school or high school grade level; and 
 (b) Post a copy of the pamphlet or revised pamphlet on the 
Internet website maintained by the Department. 
 4.  The board of trustees of each school district shall provide a 
copy of the pamphlet to each junior high, middle school or high 
school within the school district for posting. The governing body of 
each charter school shall ensure that a copy of the pamphlet is 
posted at the charter school. Each principal of a junior high, middle 
school, high school or charter school shall ensure that the teachers, 
counselors and administrators employed at the school fully 
understand the contents of the pamphlet. 
 5.  On or before October 1, the: 
 (a) Board of trustees of each school district shall provide a copy 
of the pamphlet to each pupil who is enrolled in a junior high, 
middle school or high school of the school district and to the parents 
or legal guardians of such a pupil. 
 (b) Governing body of each charter school shall provide a copy 
of the pamphlet to each pupil who is enrolled in the charter school at 
a junior high, middle school or high school grade level and to the 
parents or legal guardians of such a pupil. 
 
H