S.B. 52
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SENATE BILL NO. 52–COMMITTEE ON EDUCATION
(ON BEHALF OF THE DEPARTMENT OF EDUCATION)
PREFILED NOVEMBER 19, 2024
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Referred to Committee on Education
SUMMARY—Revises provisions relating to education.
(BDR 34-273)
FISCAL NOTE: Effect on Local Government: No.
Effect on the State: No.
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EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.
AN ACT relating to education; requiring the board of trustees of a
school district to determine the percentage of certain
pupils enrolled in the school district; revising the
definition of pupils who are considered a “long-term
English learner” for the purposes of certain reporting;
revising certain factors considered in determining whether
a pupil is eligible for a good-cause exemption to the
requirement that the pupil be retained in grade 3 after not
achieving a passing score on a uniform examination in
reading; and providing other matters properly relating
thereto.
Legislative Counsel’s Digest:
Existing law requires the board of trustees of each school district to determine 1
the number of pupils enrolled in schools within the school district who are: (1) 2
immigrants; (2) refugees; (3) new, short-term and long-term English learners; and 3
(4) English learners who participate in various programs, courses or activities, 4
receive a high school diploma and attend an institution of higher education after 5
receiving a high school diploma. Existing law requires the board of trustees of each 6
school district to submit such information to the Department of Education in an 7
annual report and authorizes the Department to make recommendations to the board 8
of trustees of each school district to improve programs for English learners based 9
on the reports. (NRS 388.4073) Section 1 of this bill: (1) requires the board of 10
trustees of each school district to additionally determine the percentage of such 11
pupils enrolled in schools in the district; and (2) changes the definition of “long-12
term English learner” for the purposes of this report to refer to a pupil who has been 13
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classified as an English learner for more than 6 consecutive years after the pupil 14
was first identified as an English learner. 15
Effective July 1, 2028, existing law generally requires a pupil enrolled in grade 16
3 to be retained in grade 3, rather than promoted to grade 4, if the pupil does not 17
obtain a score in the subject area of reading on a uniform examination in reading 18
that meets the passing score prescribed by the State Board of Education. However, 19
existing law also authorizes a pupil to receive a good-cause exemption to allow the 20
pupil to be promoted to grade 4 without obtaining such a score if the principal of 21
the school which the pupil attends determines that the pupil is eligible for such an 22
exemption and submits a recommendation to the superintendent of schools of the 23
school district or the governing body of the charter school, as applicable, which the 24
pupil attends. (NRS 392.780, 392.785) Section 2 of this bill authorizes a pupil to 25
qualify for one of the good-cause exemptions by demonstrating, through a portfolio 26
of the pupil’s work, mastery of the academic standards in reading for grade 3 rather 27
than mastery of the academic standards in reading beyond grade 3. 28
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 388.4073 is hereby amended to read as 1
follows: 2
388.4073 1. The board of trustees of each school district shall 3
determine the number and percentage of pupils enrolled in schools 4
within the school district who are: 5
(a) Immigrants; 6
(b) Refugees; 7
(c) Newcomers to the English language and short-term and 8
long-term English learners; and 9
(d) English learners, in total and disaggregated by English 10
learners who: 11
(1) Are pupils with an individualized education program or a 12
plan developed in accordance with section 504 of the Rehabilitation 13
Act of 1973, 29 U.S.C. § 794; 14
(2) Are enrolled, placed or participating in: 15
(I) A special program, including, without limitation, a 16
special program for gifted and talented pupils; 17
(II) A program for career and technical education; 18
(III) A magnet school or program; 19
(IV) An advanced placement course; 20
(V) An international baccalaureate course; 21
(VI) A dual credit course; or 22
(VII) An extracurricular or athletic activity, if known; 23
(3) Receive a high school diploma, disaggregated by type of 24
diploma; and 25
(4) Attend an institution of higher education after receiving a 26
high school diploma and, if known, receive a scholarship to attend 27
an institution of higher education. 28
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2. The data collected pursuant to subsection 1 must be 1
disaggregated by grade and pupils who are English learners. 2
3. The board of trustees of each school district shall determine 3
the number of teachers: 4
(a) Employed by the school district who have an endorsement to 5
teach pupils in a program of bilingual education or who have an 6
endorsement to teach English as a second language; and 7
(b) Who are trained in a program for language instruction 8
adopted by the board of trustees of the school district, to the extent 9
practicable. 10
The data collected pursuant to this subsection must be 11
disaggregated by teachers who are licensed to teach elementary 12
education, middle school or junior high school education or 13
secondary education. 14
4. On or before August 1 of each year, the board of trustees of 15
a school district shall review the data collected pursuant to 16
subsections 1 and 3, compile a report of the data and submit the 17
report to the Department. The Department may make 18
recommendations to the board of trustees of each school district to 19
improve programs for English learners based on the reports it 20
receives pursuant to this subsection. 21
5. On or before February 1 of each year, the Department shall 22
submit the reports it receives pursuant to subsection 4 to the 23
Director of the Legislative Counsel Bureau for transmittal to the 24
Legislature, or if the Legislature is not in session, the Joint Interim 25
Standing Committee on Education. 26
6. As used in this section, “long-term English learner” means a 27
pupil who [is] has been classified as an English learner [who has 28
lived in the United States] for [at least] more than 6 consecutive 29
years [.] after the pupil was first identified as an English learner. 30
Sec. 2. NRS 392.785 is hereby amended to read as follows: 31
392.785 1. The superintendent of schools of a school district 32
or the governing body of a charter school, as applicable, may 33
authorize the promotion of a pupil to grade 4 who would otherwise 34
be retained in grade 3 only if the superintendent or governing body, 35
as applicable, approves a good-cause exemption for the pupil upon a 36
determination by the principal of the school pursuant to subsection 3 37
that the pupil is eligible for such an exemption. 38
2. A good-cause exemption must be approved for a pupil who 39
previously was retained in grade 3. Any other pupil is eligible for a 40
good-cause exemption if the pupil: 41
(a) Demonstrates an acceptable level of proficiency in reading 42
on an alternative standardized reading assessment approved by the 43
State Board; 44
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(b) Demonstrates, through a portfolio of the pupil’s work, 1
proficiency in reading at grade level, as evidenced by demonstration 2
of mastery of the academic standards in reading [beyond] for 3
grade 3; 4
(c) Is an English learner and has received not less than 2 years of 5
instruction in a program of instruction that teaches English as a 6
second language; 7
(d) Received intensive remediation in the subject area of reading 8
for 2 or more years but still demonstrates a deficiency in reading 9
and was previously retained in kindergarten or grade 1 or 2 for a 10
total of 2 years; 11
(e) Is a pupil with a disability and his or her individualized 12
education program indicates that the pupil’s participation in the 13
uniform examination administered pursuant to paragraph (a) of 14
subsection 5 of NRS 392.780 is not appropriate; or 15
(f) Is a pupil with a disability and: 16
(1) He or she participates in the uniform examination 17
administered pursuant to paragraph (a) of subsection 5 of 18
NRS 392.780; 19
(2) His or her individualized education program or plan 20
developed in accordance with section 504 of the Rehabilitation Act 21
of 1973, 29 U.S.C. § 794, documents that the pupil has received 22
intensive remediation in reading for more than 2 years, but he or she 23
still demonstrates a deficiency in reading; and 24
(3) He or she was previously retained in kindergarten or 25
grade 1, 2 or 3. 26
3. The principal of a school in which a pupil who may be 27
retained in grade 3 pursuant to subsection 1 is enrolled shall 28
consider the factors set forth in subsection 2 and determine whether 29
the pupil is eligible for a good-cause exemption. In making the 30
determination, the principal must consider documentation provided 31
by the pupil’s teacher indicating whether the promotion of the pupil 32
is appropriate based upon the record of the pupil. Such 33
documentation must only consist of the existing plan for monitoring 34
the progress of the pupil, the pupil’s individualized education 35
program, if applicable, and the pupil’s plan developed in accordance 36
with section 504 of the Rehabilitation Act of 1973, 29 U.S.C. § 794, 37
if applicable. If the principal determines that promotion of the pupil 38
to grade 4 is appropriate, the principal must submit a written 39
recommendation to the superintendent of schools of the school 40
district or to the governing body of the charter school, as applicable. 41
The superintendent of schools or the governing body of the charter 42
school, as applicable, shall approve or deny the recommendation of 43
the principal and provide written notice to the principal of the 44
approval or denial. 45
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4. A principal who determines that a pupil is eligible for a 1
good-cause exemption pursuant to subsection 3 shall notify the 2
parent or legal guardian of the pupil if the superintendent of schools 3
of the school district or the governing body of the charter school, as 4
applicable, has approved the good-cause exemption. 5
5. The principal of a school in which a pupil for whom a good-6
cause exemption is approved pursuant to subsection 3 and who is 7
promoted to grade 4 must ensure that the pupil continues to be 8
provided intervention services and intensive instruction in the 9
subject area of reading pursuant to NRS 392.760. 10
6. As used in this section, “individualized education program” 11
has the meaning ascribed to it in 20 U.S.C. § 1414(d)(1)(A). 12
Sec. 3. 1. This section and section 1 of this act become 13
effective on July 1, 2025. 14
2. Section 2 of this act becomes effective on July 1, 2028. 15
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