Nevada Revised Statutes
Chapter 390 - Testing of Pupils and Graduation
NRS 390.105 - Administration of criterion-referenced examinations.

1. Except as otherwise provided in subsection 6, the State Board shall, in consultation with the Council to Establish Academic Standards for Public Schools, prescribe examinations that comply with 20 U.S.C. § 6311(b)(2) and that measure the achievement and proficiency of pupils:
(a) For grades 3, 4, 5, 6, 7 and 8, in the standards of content established by the Council for the subjects of English language arts and mathematics.
(b) For grades 5 and 8, in the standards of content established by the Council for the subject of science.
(c) For grades 9, 10, 11 and 12, in the standards of content established by the Council for the subjects required to comply with 20 U.S.C. § 6311(b)(2).
The examinations prescribed pursuant to this subsection must be written, developed, printed and scored by a nationally recognized testing company.
2. In addition to the examinations prescribed pursuant to subsection 1, the State Board shall, in consultation with the Council to Establish Academic Standards for Public Schools, prescribe a writing examination for grades 5 and 8.
3. The Department shall ensure the availability of:
(a) The examinations prescribed pursuant to subsections 1 and 2 to pupils in any language in which those examinations are published; and
(b) Authorized supports to pupils who are English learners for the examinations prescribed pursuant to subsections 1 and 2.
4. The State Board shall prescribe:
(a) The minimum number of school days that must take place before the examinations prescribed by the State Board pursuant to subsection 1 may be administered to pupils; and
(b) The period during which the examinations prescribed by the State Board pursuant to subsection 1 must be administered.
5. The board of trustees of each school district and the governing body of each charter school shall administer the examinations prescribed by the State Board at such times as prescribed by the State Board pursuant to subsection 4. The examinations must be:
(a) Administered in each school in accordance with uniform procedures adopted by the State Board. The Department shall monitor the school districts and individual schools to ensure compliance with the uniform procedures.
(b) Administered in each school in accordance with the plan adopted pursuant to NRS 390.270 by the Department and with the plan adopted pursuant to NRS 390.275 by the board of trustees of the school district in which the examinations are administered. The Department shall monitor the compliance of 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.
6. The Department may temporarily waive or otherwise pause the requirement to administer examinations that comply with 20 U.S.C. § 6311(b)(2) pursuant to this section if the United States Department of Education grants a waiver from or otherwise pauses the requirements of 20 U.S.C. § 6311(b)(2).
(Added to NRS by 1999, 3386; A 2001, 1208; 2003, 19th Special Session, 63, 64; 2005, 1178; 2013, 3272; 2015, 1083, 2098; 2017, 3246; 2019, 4357; 2021, 22)

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