AB335 - Revises provisions relating to education. (BDR 34-837)

- 83rd Session (2025) Assembly Bill No. 335–Assemblymembers Torres-Fossett, Watts, D’Silva; Dalia, Koenig and Moore Joint Sponsors: Senators Buck, Doñate, Nguyen; and Taylor CHAPTER.......... AN ACT relating to education; revising requirements for a plan to improve the achievement of pupils enrolled in a public school; requiring the superintendent of each school district to appoint an administrator to serve in a role supporting pupils who are English learners; requiring the board of trustees of a school district to ensure that each licensed teacher receives training concerning English language acquisition; requiring the Department of Education to provide certain guidance to the board of trustees of a school district; revising provisions governing certain data collected and maintained in the statewide system of accountability for public schools; prohibiting certain pupil achievement data from negatively impacting the performance rating of certain schools, school districts and employees; requiring the Department to establish an English Learner Advisory Council during the 2025-2026 interim to study policies to support English language acquisition, development and literacy; prescribing the membership and duties of the Advisory Council; repealing provisions relating to certain corrective action plans; and providing other matters properly relating thereto. Legislative Counsel’s Digest: Section 4 of this bill requires the superintendent of each school district to designate an administrator to serve in a role supporting pupils who are English learners for the school district. Section 4 also prescribes the qualifications and duties of any such person. Existing law requires the principal of each school, in consultation with the employees of the school, to prepare a plan to improve the achievement of pupils enrolled in the school. (NRS 385A.650) Section 2 of this bill requires the principal of a school to consult with the administrator designated pursuant to section 4 in preparing or revising the plan. Section 2 requires such a plan to include methods for closing gaps in achievement, if any, between different demographics of pupils enrolled in the school. If at least 10 percent of the pupils enrolled in the school are English learners, section 2 requires such a plan to: (1) make closing gaps in achievement, if any, between pupils who are English learners and pupils who are proficient in English the primary goal of the plan; and (2) include certain quantitative goals and specific actions for improvement in the achievement of pupils who are English learners. Section 1 of this bill makes a conforming change to reflect the renumbering of subsections by section 2. Section 5 of this bill requires the board of trustees of each school district to ensure that each licensed teacher employed by the school district receives training concerning English language acquisition. Section 5 also requires the Department of – 2 – - 83rd Session (2025) Education to develop and provide guidance to each school district concerning the training required by section 5. Section 12 of this bill requires a teacher employed by a school district to submit proof of completion of the training required by section 5 on or before October 1, 2030, as a condition of continued employment after that date. Section 6 of this bill requires data collected and maintained in the statewide system of accountability for public schools concerning pupils who are English learners to be disaggregated into certain subcategories, as designated by regulation of the State Board of Education. Section 6 also provides that, notwithstanding any other provision of law, any pupil achievement data concerning a pupil who is a newcomer to the English language, as designated by regulation of the State Board, must not negatively impact the performance rating of: (1) the school in which the pupil is enrolled; (2) the school district in which the school is located; or (3) any employee of the school in which the pupil is enrolled or school district in which the school is located. Existing law requires the board of trustees of each school district to: (1) develop a policy to teach English to pupils who are English learners; and (2) adopt a plan to ensure that the policy achieves certain objectives. (NRS 388.407) Section 10 of this bill requires the policy to provide that a pupil who is a newcomer to the English language, as designated by regulation of the State Board, may remain in high school for not more than 10 semesters after the date on which the pupil was otherwise scheduled to graduate or until the pupil is 21 years of age, whichever is earlier. Section 10 also requires the Department to consult with the administrator designated pursuant to section 4 in monitoring the implementation of the policy and plan. Section 11 of this bill requires the Department to establish an English Learner Advisory Council in the 2025-2026 interim to study policies to support English language acquisition, development and literacy. Section 11 also: (1) prescribes the membership and duties of the Advisory Council; (2) requires the Department to submit a written report describing the activities, findings, conclusions and recommendations of the Advisory Council for transmittal to the 84th Session of the Legislature; and (3) authorizes the Advisory Council to request the drafting of not more than 1 legislative measure for prefiling on or before the first day of the regular session of the Legislature in 2027. Section 14 of this bill repeals an existing law which requires the principals of certain schools that demonstrate low achievement for pupils who are English learners to establish a corrective action plan. (NRS 388.408) Sections 7-9 of this bill make conforming changes by removing references to the statute repealed by section 14. EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted. THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS: Section 1. NRS 385.113 is hereby amended to read as follows: 385.113 The State Board shall: 1. In developing the plan to improve the achievement of pupils enrolled in public schools pursuant to NRS 385.111, establish – 3 – - 83rd Session (2025) clearly defined goals and benchmarks for improving the achievement of pupils, including, without limitation, goals for: (a) Improving proficiency results in core academic subjects; (b) Increasing the number of pupils enrolled in public middle schools and junior high schools, including, without limitation, charter schools, who enter public high schools with the skills necessary to succeed in high school; (c) Improving the percentage of pupils who enroll in grade 9 and who graduate from a public high school, including, without limitation, a charter school, with a standard or higher diploma upon completion; (d) Improving the performance of pupils on standardized college entrance examinations; (e) Increasing the percentage of pupils enrolled in high schools who enter postsecondary educational institutions or who are career and workforce ready; and (f) Reengaging disengaged youth who have dropped out of high school or who are at risk of dropping out of high school, including, without limitation, a mechanism for tracking and maintaining communication with those youth who have dropped out of school or who are at risk of doing so; 2. Review the plan annually to evaluate the effectiveness of the plan; 3. Examine the timeline for implementing the plan and each provision of the plan to determine whether the annual goals and benchmarks have been attained; 4. Based upon the evaluation of the plan, make revisions, as necessary, to ensure that: (a) The goals and benchmarks set forth in the plan are being attained in a timely manner; and (b) The plan is designed to improve the academic achievement of pupils enrolled in public schools in this State; and 5. Review the plans submitted pursuant to subsection [4] 5 of NRS 385A.650 to: (a) Determine common problems identified by the principal of each school; and (b) Make recommendations to the Department concerning how the Department can best support the needs of schools. Sec. 2. NRS 385A.650 is hereby amended to read as follows: 385A.650 1. The principal of each school, including, without limitation, each charter school, shall, in consultation with the employees of the school [,] and the administrator designated – 4 – - 83rd Session (2025) pursuant to section 4 of this act, prepare a plan to improve the achievement of the pupils enrolled in the school. 2. The plan developed pursuant to subsection 1 must: (a) Include any information prescribed by regulation of the State Board; (b) Be developed in accordance with the provisions of NRS 388.885; (c) Include, without limitation, methods for [evaluating] : (1) Evaluating and improving the school climate in the school; and (2) Closing gaps in achievement, if any, between different demographic groups of pupils enrolled in the school, including, without limitation: (I) Pupils who are English learners and pupils who are proficient in English; (II) Pupils in foster care and pupils who are not in foster care; and (III) Pupils who are economically disadvantaged and pupils who are not economically disadvantaged; and (d) Comply with the provisions of 20 U.S.C. § 6311(d). 3. If at least 10 percent of the pupils enrolled in a school are English learners: (a) The primary goal of the plan developed pursuant to subsection 1 must be closing gaps in achievement, if any, between pupils who are English learners and pupils who are proficient in English; and (b) The plan developed pursuant to subsection 1 must, in addition to the requirements prescribed by subsection 2, include: (1) Attainable quantitative goals for improvement in the achievement of pupils who are newcomers to the English language, pupils who are short-term English learners and pupils who are long-term English learners, as designated by regulation of the State Board, and timelines for meeting those goals; and (2) Specific actions to improve the achievement of pupils who are English learners and plans to monitor those actions. 4. The principal of each school shall, in consultation with the employees of the school [:] and the administrator designated pursuant to section 4 of this act: (a) Review the plan prepared pursuant to this section annually to evaluate the effectiveness of the plan; and (b) Based upon the evaluation of the plan, make revisions, as necessary, to ensure that the plan is designed to improve the academic achievement of pupils enrolled in the school. – 5 – - 83rd Session (2025) [4.] 5. On or before the date prescribed by the Department, the principal of each school shall submit the plan or the revised plan, as applicable, to the: (a) Department; (b) Committee; (c) Bureau; and (d) Board of trustees of the school district in which the school is located or, if the school is a charter school, the sponsor of the charter school and the governing body of the charter school. [5.] 6. As used in this section, “school climate” means the basis of which to measure the relationships between pupils and the parents or legal guardians of pupils and educational personnel, the cultural and linguistic competence of instructional materials and educational personnel, the emotional and physical safety of pupils and educational personnel and the social, emotional and academic development of pupils and educational personnel. Sec. 3. Chapter 388 of NRS is hereby amended by adding thereto the provisions set forth as sections 4, 5 and 6 of this act. Sec. 4. 1. The superintendent of each school district shall designate an administrator to serve in a role supporting pupils who are English learners for the school district. The administrator must have: (a) Experience working with pupils who are English learners; and (b) Demonstrated success as an effective school leader. 2. In addition to the duties set forth in NRS 385A.650 and 388.407, the administrator designated pursuant to subsection 1 shall: (a) Oversee any assessment or reassessment of pupils who are English learners provided for pursuant to paragraphs (a) and (b) of subsection 2 of NRS 388.407; and (b) Upon the request of the board of trustees or the superintendent of schools of the school district, provide training designed to address the needs of pupils who are English learners to administrators, teachers and other educational staff, including, without limitation, the training each licensed teacher is required to receive pursuant to section 5 of this act. Sec. 5. 1. The board of trustees of each school district shall ensure that each licensed teacher employed by the school district receives training concerning English language acquisition. 2. The Department shall develop and provide guidance to each school district in this State concerning the training required by subsection 1. – 6 – - 83rd Session (2025) Sec. 6. 1. In addition to any other requirements prescribed by law, data collected and maintained in the statewide system of accountability for public schools concerning pupils who are English learners must be disaggregated into the following subcategories, as designated by regulation of the State Board: (a) Pupils who are newcomers to the English language; (b) Pupils who are short-term English learners; and (c) Pupils who are long-term English learners. 2. Notwithstanding any other provision of law, any pupil achievement data concerning a pupil who is a newcomer to the English language, as designated by regulation of the State Board, including, without limitation, data collected and maintained in the statewide system of accountability for public schools and any other pupil achievement data collected and maintained by the school district, must not negatively impact the performance rating of: (a) The school in which the pupil is enrolled; (b) The school district in which the school is located; or (c) Any employee of the school in which the pupil is enrolled or school district in which the school is located. Sec. 7. NRS 388.040 is hereby amended to read as follows: 388.040 1. Except as otherwise provided in subsection 2, the board of trustees of a school district that includes more than one school which offers instruction in the same grade or grades may zone the school district and determine which pupils must attend each school. 2. 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