AB24 - Revises provisions governing competency-based education. (BDR 34-277)

A.B. 24 - *AB24* ASSEMBLY BILL NO. 24–COMMITTEE ON EDUCATION (ON BEHALF OF THE DEPARTMENT OF EDUCATION) PREFILED NOVEMBER 12, 2024 ____________ Referred to Committee on Education SUMMARY—Revises provisions governing competency-based education. (BDR 34-277) 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; repealing the requirement for the Department of Education to establish a pilot program to provide competency-based education; authorizing certain entities to apply to the Department for approval to provide a program of competency-based education; establishing requirements for programs of competency-based education approved by the Department; repealing the requirement for the Department to conduct a public awareness campaign regarding competency-based education; and providing other matters properly relating thereto. Legislative Counsel’s Digest: Existing law requires the Department of Education to establish a pilot program 1 to provide competency-based education, which is a program of instruction by 2 which a pupil advances to a higher level of learning when the pupil demonstrates 3 mastery of a concept or skill, regardless of the time, place or pace at which the 4 pupil progresses. (NRS 389.200, 389.210) Under the pilot program: (1) the 5 Department is required to conduct a public awareness campaign regarding 6 competency-based education and is authorized to distribute competitive grants to 7 carry out the pilot program; (2) the board of trustees of a school district or the 8 governing body of a charter school is authorized to apply to the State Board of 9 Education for approval for a school to provide competency-based education; and 10 (3) a school selected to participate in the pilot program is required to satisfy certain 11 requirements to implement competency-based education in the school. (NRS 12 389.210) Section 9 of this bill repeals the pilot program, and sections 2-6 of this 13 bill establish a process by which the board of trustees of a school district, the 14 – 2 – - *AB24* governing body of a charter school, a committee to form a charter school or a 15 charter management organization applying to form a charter school, or the 16 governing body of a university school for profoundly gifted pupils, may apply to 17 the Department for approval to provide a program of competency-based education. 18 Section 3 establishes requirements for: (1) the board of trustees of a school 19 district, the governing body of a charter school, a committee to form a charter 20 school or charter management organization applying to form a charter school, or 21 the governing body of a university school for profoundly gifted pupils to apply to 22 the Department for approval to provide a program of competency-based education; 23 (2) the approval or denial of such an application by the Department; and (3) the 24 development of a plan for conducting the program of competency-based education, 25 presenting the plan to the public and providing a copy of the plan to the school 26 community, parents and employees of the school district, charter school or 27 university school for profoundly gifted pupils. Section 4 requires the board of 28 trustees of a school district or the governing body of a charter school or university 29 school for profoundly gifted pupils, that provides a program of competency-based 30 education to ensure compliance with applicable statutes, regulations, rules and 31 policies, including, without limitation, requirements for graduation, the 32 accountability of public schools, the attendance and truancy of pupils, the discipline 33 of pupils and the administration of required examinations and assessments. Section 34 5 authorizes alternative scheduling for pupils participating in a program of 35 competency-based education. Section 2 establishes the methods by which a pupil 36 participating in a program of competency-based education may demonstrate 37 proficiency in a specific course of study, and section 7 of this bill makes a 38 conforming change to reflect the establishment of those methods in section 2. 39 Section 6 provides for the adoption of regulations by the State Board to carry out 40 programs of competency-based education. Section 8 of this bill makes a 41 conforming change to make the existing definition of “competency-based 42 education” apply to sections 2-6. 43 THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS: Section 1. Chapter 389 of NRS is hereby amended by adding 1 thereto the provisions set forth as sections 2 to 6, inclusive, of this 2 act. 3 Sec. 2. 1. A pupil may be granted credit for a specific 4 course of study without having attended the regularly scheduled 5 classes in the course if the pupil is enrolled in a program of 6 competency-based education and demonstrates his or her 7 proficiency to meet the objectives of: 8 (a) The course through a portfolio of the pupil’s work; 9 (b) A particular area or areas of the course through the pupil’s 10 performance of a task that is designed to measure the proficiency 11 of the pupil in that particular area or areas; 12 (c) The course as measured against the criteria for competency 13 approved under a program of competency-based education; or 14 (d) The course as measured against the criteria prescribed by 15 the State Board pursuant to subsection 2. 16 – 3 – - *AB24* 2. The State Board shall adopt regulations that prescribe the 1 criteria, other than the criteria described in paragraphs (a), (b) 2 and (c) of subsection 1, that may be used to determine whether a 3 pupil has achieved proficiency in a course. 4 Sec. 3. 1. The board of trustees of a school district or the 5 governing body of a charter school or a university school for 6 profoundly gifted pupils may submit an application to the 7 Department to provide a program of competency-based education. 8 In addition, a committee to form a charter school, or a charter 9 management organization applying to form a charter school 10 pursuant to NRS 388A.249, may submit an application to the 11 Department to provide a program of competency-based education 12 if the application to form the charter school submitted by the 13 committee or charter management organization pursuant to NRS 14 388A.246 indicates that the charter school intends to provide a 15 program of competency-based education. 16 2. An application to provide a program of competency-based 17 education must include: 18 (a) All the information prescribed by the State Board by 19 regulation; 20 (b) Proof satisfactory to the Department that the program 21 satisfies all applicable statutes and regulations; and 22 (c) A description of how the program will ensure access to 23 technology for pupils and teachers or other school employees and 24 communicate with pupils, their families and staff regarding the 25 program of competency-based education. 26 3. Except as otherwise provided in this section, the 27 Department shall approve an application submitted pursuant to 28 this section if the application satisfies the requirements of NRS 29 389.200 and sections 2 to 6, inclusive, of this act and all other 30 applicable statutes and regulations. The Department shall provide 31 written notice to the applicant of the Department’s approval or 32 denial of the application. 33 4. If the Department denies an application, the Department 34 shall include in the written notice the reasons for the denial and 35 the deficiencies of the application. The applicant must be granted 36 30 days after receipt of the written notice to correct any 37 deficiencies identified in the written notice and resubmit the 38 application. The Department shall approve an application that has 39 been resubmitted pursuant to this subsection if the application 40 satisfies the requirements of NRS 389.200 and sections 2 to 6, 41 inclusive, of this act and all other applicable statutes and 42 regulations. 43 5. The board of trustees of each school district and the 44 governing body of each charter school or university school for 45 – 4 – - *AB24* profoundly gifted pupils that provides a program of competency- 1 based education shall: 2 (a) Develop a plan for conducting the program of competency- 3 based education. 4 (b) Present the plan for conducting the program of 5 competency-based education to the public at a public meeting or, 6 if the plan was developed by the governing body of a charter 7 school or university school for profoundly gifted pupils, to the 8 sponsor of the charter school or university school, as applicable, at 9 least 45 days before the first day of each school year. 10 (c) Provide a copy of the plan for conducting the program of 11 competency-based education to the school community, parents and 12 employees of the school district, charter school or university 13 school for profoundly gifted pupils. 14 Sec. 4. If the board of trustees of a school district or the 15 governing body of a charter school or university school for 16 profoundly gifted pupils provides a program of competency-based 17 education, the board or governing body, as applicable, shall 18 ensure that the persons who operate the program on a day-to-day 19 basis comply with and carry out all applicable requirements, 20 statutes, regulations, rules and policies of the school district, 21 charter school or university school for profoundly gifted pupils, 22 including, without limitation: 23 1. Requirements for graduation; 24 2. Accountability of public schools, as set forth in chapter 25 385A of NRS; 26 3. Provisions governing the attendance and truancy of pupils, 27 as set forth in NRS 392.040 to 392.220, inclusive; 28 4. Discipline of pupils; and 29 5. The requirements for assessing the achievement of pupils 30 which must include, without limitation, the administration of the 31 examinations required by NRS 390.105 and, if applicable for the 32 grade levels of the pupils enrolled, the college and career 33 readiness assessment conducted pursuant to NRS 390.610. 34 Sec. 5. 1. A program of competency-based education may 35 include, without limitation, an opportunity for pupils to participate 36 in the program: 37 (a) For a shorter school day or a longer school day than that 38 regularly provided for in the school district, charter school or 39 university school for profoundly gifted pupils, as applicable; and 40 (b) During any part of the calendar year. 41 2. If a program of competency-based education is provided 42 for pupils on a full-time basis, the program must include at least 43 as many hours or minutes of instruction as would be provided 44 under a program consisting of 180 days or a number of days 45 – 5 – - *AB24* established by the State Board by regulation pursuant to section 6 1 of this act. 2 3. A pupil enrolled in a program of competency-based 3 education on a full-time basis who demonstrates sufficient 4 proficiency to meet the objectives of a course may complete the 5 course in a shorter period of time than is normally allotted for the 6 course. 7 Sec. 6. 1. The State Board shall adopt regulations that 8 prescribe the process for submission of an application by the 9 board of trustees of a school district, the governing body of a 10 charter school or university school for profoundly gifted pupils, a 11 committee to form a charter school created pursuant to NRS 12 388A.240 or a charter management organization applying to form 13 a charter school pursuant to NRS 388A.249 to provide a program 14 of competency-based education and the contents of the 15 application. 16 2. The State Board may adopt regulations as it determines are 17 necessary to carry out the provisions of sections 2 to 6, inclusive, 18 of this act. 19 Sec. 7. NRS 389.171 is hereby amended to read as follows: 20 389.171 1. A pupil may be granted credit for a specific 21 course of study without having attended the regularly scheduled 22 classes in the course if the pupil demonstrates his or her proficiency 23 to meet the: 24 (a) Objectives of the course through the pupil’s performance on 25 an examination prescribed by the State Board; 26 (b) Objectives of a particular area or areas of the course in 27 which the pupil is deficient through the pupil’s performance on an 28 examination developed by the principal and the pupil’s teacher who 29 provides instruction in the course that is designed to measure the 30 proficiency of the pupil in that particular area or areas; or 31 (c) Objectives of the course through the pupil’s performance on 32 an examination that the principal determines is as rigorous or more 33 rigorous than the examination prescribed by the State Board 34 pursuant to paragraph (a), including, without limitation, an advanced 35 placement examination in the subject area of the course . [; 36 (d) Objectives of the course through a portfolio of the pupil’s 37 work; 38 (e) Objectives of a particular area or areas of the course through 39 the pupil’s performance of a task that is designed to measure the 40 proficiency of the pupil in that particular area or areas; or 41 (f) Objectives of the course as measured against the criteria 42 prescribed by the State Board pursuant to paragraph (d) of 43 subsection 2.] 44 2. The State Board shall adopt regulations that prescribe the: 45 – 6 – - *AB24* (a) Form on which a pupil may apply to the board of trustees of 1 a school district in which the pupil attends school or the governing 2 body of the charter school in which the pupil is enrolled to be 3 granted credit pursuant to subsection 1; 4 (b) Courses of study for which pupils may be granted credit 5 pursuant to subsection 1; 6 (c) Minimum score on the examination prescribed pursuant to 7 paragraph (a) of subsection 1 that is required to demonstrate 8 proficiency in a course; and 9 (d) Criteria, other than the criteria described in paragraphs (a) 10 [to (e), inclusive,] , (b) and (c) of subsection 1, that may be used to 11 determine whether a pupil has achieved proficiency in a course. 12 Sec. 8. NRS 389.200 is hereby amended to read as follows: 13 389.200 As used in NRS 389.200 [, 389.210 and 389.230,] and 14 sections 2 to 6, inclusive, of this act, “competency-ba [Text truncated for display. 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