AB210 - Provides for the administration of certain examinations and assessments through remote means to pupils enrolled in a program of distance education. (BDR 34-794)

A.B. 210 - *AB210* ASSEMBLY BILL NO. 210–ASSEMBLYMEMBER HARDY PREFILED FEBRUARY 3, 2025 ____________ Referred to Committee on Education SUMMARY—Provides for the administration of certain examinations and assessments through remote means to pupils enrolled in a program of distance education. (BDR 34-794) FISCAL NOTE: Effect on Local Government: May have Fiscal Impact. 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; authorizing the administration of criterion-referenced examinations and a college and career readiness assessment to pupils enrolled in a program of distance education through a remote testing platform; revising provisions governing the security and administration of such examinations and assessments; revising provisions governing irregularities in testing administration within a program of distance education; and providing other matters properly relating thereto. Legislative Counsel’s Digest: Existing law authorizes the board of trustees of a school district or the 1 governing body of a charter school to provide a program of distance education. 2 (NRS 388.820-388.874) Existing law requires the State Board of Education to 3 prescribe: (1) criterion-referenced examinations to measure the achievement of 4 pupils who are enrolled in grades 3 to 12, inclusive; and (2) certain requirements 5 governing the administration of the examinations. (NRS 390.105) Existing law also 6 requires the State Board to select a college and career readiness assessment to be 7 administered to pupils who are enrolled in grade 11. (NRS 390.610) Section 1 of 8 this bill: (1) authorizes the board of trustees of a school district or the governing 9 body of a charter school that provides a program of distance education to 10 administer the criterion-referenced examinations and the college and career 11 readiness assessment through a remote testing platform to pupils enrolled in the 12 program; and (2) prescribes certain requirements for the administration of an 13 examination or assessment through such a platform. Section 4 of this bill requires 14 examinations administered pursuant to section 1 to conform with uniform 15 procedures adopted by the State Board. Section 2 of this bill applies the definitions 16 – 2 – - *AB210* in existing law governing distance education to the provisions of section 1. Section 17 3 of this bill authorizes the State Board to adopt regulations to carry out section 1. 18 Existing law requires the Department of Education to adopt and enforce a plan 19 governing the security of criterion-referenced examinations and the college and 20 career readiness assessment. (NRS 390.270) Existing law additionally requires the 21 board of trustees of each school district to adopt and enforce a plan governing the 22 security of examinations and assessments at each school within the district. (NRS 23 390.275) Sections 5 and 6 of this bill require the plans adopted and enforced by the 24 Department and board of trustees of the school district, respectively, to include 25 procedures to ensure the security of such examinations and assessments 26 administered to pupils through a remote testing platform. 27 Existing law requires the Department to take certain actions if the Department 28 determines that an irregularity in testing administration occurred during certain 29 school years. (NRS 390.290) Section 7 of this bill applies these provisions to an 30 irregularity in testing administration that occurs in a program of distance education. 31 THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS: Section 1. Chapter 388 of NRS is hereby amended by adding 1 thereto a new section to read as follows: 2 1. The board of trustees of a school district or the governing 3 body of a charter school that provides a program of distance 4 education may administer the examinations required pursuant to 5 NRS 390.105 and, if applicable for the grade levels of the pupils 6 enrolled, the college and career readiness assessment required 7 pursuant to NRS 390.610 to pupils enrolled in the program 8 through a remote testing platform in accordance with the 9 provisions of this section. 10 2. An examination or assessment that is administered to a 11 pupil enrolled in a program of distance education through a 12 remote testing platform must: 13 (a) Be composed of content that is the same as the content 14 contained in an examination or assessment administered pursuant 15 to NRS 390.105 or 390.610, as applicable, to a pupil in the same 16 grade whose examination or assessment is not administered 17 through a remote testing platform. 18 (b) Be administered at the time prescribed by the State Board 19 pursuant to subsection 4 of NRS 390.105 or paragraph (a) of 20 subsection 4 of NRS 390.610, as applicable. 21 (c) Be administered in accordance with the plan adopted by the 22 Department pursuant to NRS 390.270 and with the plan adopted 23 pursuant to NRS 390.275 by the board of trustees of the school 24 district that provides the program of distance education. 25 3. For the duration of an examination or assessment 26 administered through a remote testing platform: 27 – 3 – - *AB210* (a) Each pupil must be monitored by a proctor designated by 1 the board of trustees of the school district or governing body of the 2 charter school, as applicable, through the use of a video device. If 3 the remote testing platform used to administer an examination or 4 assessment pursuant to this section does not permit monitoring 5 through a video device integrated with the device used to 6 administer the examination or assessment, a separate video device 7 must be used to allow the proctor to monitor the pupil for the 8 duration of the examination or assessment. 9 (b) A pupil must be prohibited from exiting the remote testing 10 platform until instructed to do so by his or her proctor. 11 4. An examination or assessment administered pursuant to 12 this section must have a ratio of not more than 10 pupils for each 13 proctor. The proctor must verify the submission of the 14 examination or assessment from each pupil to whom he or she is 15 assigned. 16 5. As used in this section: 17 (a) “Remote testing platform” means an electronic system 18 which allows an examination or assessment to be administered to 19 a pupil in a virtual test session that is initiated and managed by a 20 proctor who is in a location that is geographically separated from 21 the location of the pupil. 22 (b) “Video device” means an electronic device integrated with 23 a camera that is capable of transmitting live video to a separate 24 electronic device. 25 Sec. 2. NRS 388.820 is hereby amended to read as follows: 26 388.820 As used in NRS 388.820 to 388.874, inclusive, and 27 section 1 of this act, unless the context otherwise requires, the 28 words and terms defined in NRS 388.823, 388.826 and 388.829 29 have the meanings ascribed to them in those sections. 30 Sec. 3. NRS 388.874 is hereby amended to read as follows: 31 388.874 1. The State Board shall adopt regulations that 32 prescribe: 33 (a) The process for submission of an application by a person or 34 entity for inclusion of a course of distance education on the list 35 prepared by the Department pursuant to NRS 388.834 and the 36 contents of the application; 37 (b) The process for submission of an application by the board of 38 trustees of a school district, the governing body of a charter school 39 or a committee to form a charter school to provide a program of 40 distance education and the contents of the application; 41 (c) The qualifications and conditions for enrollment that a pupil 42 must satisfy to enroll in a program of distance education, consistent 43 with NRS 388.850 and any other applicable statute; 44 – 4 – - *AB210* (d) A method for reporting to the Department the number of 1 pupils who are enrolled in a program of distance education and the 2 attendance of those pupils; 3 (e) The requirements for assessing the achievement of pupils 4 who are enrolled in a program of distance education, which must 5 include, without limitation, the administration of the examinations 6 required pursuant to NRS 390.105 and, if applicable for the grade 7 levels of the pupils enrolled, the college and career readiness 8 assessment pursuant to NRS 390.610; and 9 (f) A written description of the process pursuant to which the 10 State Board may revoke its approval for the operation of a program 11 of distance education. 12 2. The State Board may adopt regulations as it determines are 13 necessary to carry out the provisions of NRS 388.820 to 388.874, 14 inclusive [.] , and section 1 of this act. 15 Sec. 4. NRS 390.105 is hereby amended to read as follows: 16 390.105 1. Except as otherwise provided in subsection 6, the 17 State Board shall, in consultation with the Council to Establish 18 Academic Standards for Public Schools, prescribe examinations that 19 comply with 20 U.S.C. § 6311(b)(2) and that measure the 20 achievement and proficiency of pupils: 21 (a) For grades 3, 4, 5, 6, 7 and 8, in the standards of content 22 established by the Council for the subjects of English language arts 23 and mathematics. 24 (b) For grades 5 and 8, in the standards of content established by 25 the Council for the subject of science. 26 (c) For grades 9, 10, 11 and 12, in the standards of content 27 established by the Council for the subjects required to comply with 28 20 U.S.C. § 6311(b)(2). 29  The examinations prescribed pursuant to this subsection must be 30 written, developed, printed and scored by a nationally recognized 31 testing company. 32 2. In addition to the examinations prescribed pursuant to 33 subsection 1, the State Board shall, in consultation with the Council 34 to Establish Academic Standards for Public Schools, prescribe a 35 writing examination for grades 5 and 8. 36 3. The Department shall ensure the availability of: 37 (a) The examinations prescribed pursuant to subsections 1 and 2 38 to pupils in any language in which those examinations are 39 published; and 40 (b) Authorized supports to pupils who are English learners for 41 the examinations prescribed pursuant to subsections 1 and 2. 42 4. The State Board shall prescribe: 43 – 5 – - *AB210* (a) The minimum number of school days that must take place 1 before the examinations prescribed by the State Board pursuant to 2 subsection 1 may be administered to pupils; and 3 (b) The period during which the examinations prescribed by the 4 State Board pursuant to subsection 1 must be administered. 5 5. The board of trustees of each school district and the 6 governing body of each charter school shall administer the 7 examinations prescribed by the State Board at such times as 8 prescribed by the State Board pursuant to subsection 4. The 9 examinations must be: 10 (a) Administered in each school , and to pupils enrolled in a 11 program of distance education who are authorized to take the 12 examinations through a remote testing platform pursuant to 13 section 1 of this act, in accordance with uniform procedures adopted 14 by the State Board. The Department shall monitor the school 15 districts and individual schools to ensure compliance with the 16 uniform procedures. 17 (b) Administered in each school , and to pupils enrolled in a 18 program of distance education who are authorized to take the 19 examination through a remote testing platform pursuant to section 20 1 of this act, in accordance with the plan adopted pursuant to NRS 21 390.270 by the Department and with the plan adopted pursuant to 22 NRS 390.275 by the board of trustees of the school district in which 23 the examinations are administered. The Department shall monitor 24 the compliance of school districts and individual schools with: 25 (1) The plan adopted by the Department; and 26 (2) The plan adopted by the board of trustees of the 27 applicable school district, to the extent that the plan adopted by the 28 board of trustees of the school district is consistent with the plan 29 adopted by the Department. 30 6. The Department may temporarily waive or otherwise pause 31 the requirement to administer examinations that comply with 20 32 U.S.C. § 6311(b)(2) pursuant to this section if the United States 33 Department of Education grants a waiver from or otherwise pauses 34 the requirements of 20 U.S.C. § 6311(b)(2). 35 Sec. 5. NRS 390.270 is hereby amended to read as follows: 36 390.270 1. The Department shall, by regulation or otherwise, 37 adopt and enforce a plan setting forth procedures to ensure the 38 security of examinations that are administered to pupils pursuant to 39 NRS 390.105 and the college and career readiness assessment 40 administered pursuant to NRS 390.610. 41 2. A plan adopted pursuant to subsection 1 must include, 42 without limitation: 43 – 6 – - *AB210* (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 (e) Procedures to ensure the security of examinations and 22 assess [Text truncated for display. Full text available on LegiScan.]