NRS 385A.905. Determination of whether achievement and performance targets are met; transmittal of findings; recommendations for tiered interventions [Effective July 1, 2026.]

1. 1. On or before a date determined by the Superintendent of Public Instruction, but not later than the third Friday in August of each year, the Department shall determine whether each school district and each sponsor of a charter school is meeting the district-wide or sponsor-wide achievement targets and performance targets, as applicable, established pursuant to the statewide system of accountability for public schools.

2. 2. The determination for a school district and a sponsor of a charter school must be made pursuant to subsection 1 in consultation with the board of trustees of the school district or the sponsor of the charter school, as applicable, and must be based only upon the information and data for those pupils who are enrolled in the public schools within the school district or sponsored by the sponsor of a charter school for a full academic year. On or before a date determined by the Superintendent of Public Instruction, but not later than the third Friday in August of each year, the Department shall:

   1. (a) Transmit the determination made for each school district and each sponsor of a charter school to the board of trustees of that school district or sponsor of that charter school, as applicable;
   2. (b) Transmit the determination made for each school district and sponsor of a charter school to the State Board and the Governor; and
   3. (c) Post on the Internet website maintained by the Department a report summarizing the determination made for each school district and each sponsor of a charter school, including, without limitation, the metrics for measuring the achievement and performance for each school district and each sponsor of a charter school.

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

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

   2. (b) The pupils in such a group must be included in the overall count of pupils enrolled in the public schools in the school district or charter schools sponsored by the sponsor of charter schools and who took the examinations administered pursuant to NRS 390.105.

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

4. 4. If an irregularity in testing administration or an irregularity in testing security occurs at one or more public schools in a school district or charter schools sponsored by a sponsor of charter schools and the irregularity invalidates the test scores of pupils, such test scores must be included in the aggregate of scores reported for the school district or sponsor of charter schools, the attendance of those pupils must be counted toward the total number of pupils who took the examinations administered pursuant to NRS 390.105 and the pupils must be included in the total number of pupils who were required to take the examinations. The determination made pursuant to subsection 1 for a school district or sponsor of charter schools must reflect any such irregularity and describe the impact of any such irregularity on the determination.
5. 5. If the determination made pursuant to subsection 1 indicates that a school district or sponsor of a charter school is not meeting district-wide or sponsor-wide achievement targets or performance targets, the Superintendent of Public Instruction must prepare recommendations for tiered interventions consistent with the statewide system of accountability for public schools. Such recommendations must be submitted to the Public Education Oversight Board impaneled pursuant to NRS 386.411 for approval before implementation.

6. 6. As used in this section:

   1. (a) “Irregularity in testing administration” has the meaning ascribed to it in NRS 390.255.
   2. (b) “Irregularity in testing security” has the meaning ascribed to it in NRS 390.260.

(Added to NRS by 2025, 3355, effective July 1, 2026)