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

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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.

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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 educati on. 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 criteri on-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 pl atform. 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 defi nitions 16

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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 Departm ent 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 adop t 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 sec urity 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 c ertain 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 pro gram 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

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(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 examina tion 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 th e 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, i nclusive, 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 dist rict, 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 i n a program of distance education, consistent 43
with NRS 388.850 and any other applicable statute; 44

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(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 consultati on 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 cont ent 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 cont ent 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 add ition 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

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(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 t he 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 t o 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 p lan 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 admi nistered 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

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(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
assessments administered to pupils enrolled in a program of 23
distance education through a remote testing platform pursuant to 24
section 1 of this act. 25
3. The Department shall post a copy of the plan adopted 26
pursuant to this section and the procedures set forth therein on the 27
Internet website maintained by the Department. 28
Sec. 6. NRS 390.275 is hereby amended to read as follows: 29
390.275 1. The board of trustees of each school district shall, 30
for each public school in the district, including, without limitation, 31
charter schools [,] and programs of dista nce education, adopt and 32
enforce a plan setting forth procedures to ensure the security of 33
examinations and assessments. 34
2. A plan adopted pursuant to subsection 1 must include, 35
without limitation: 36
(a) Procedures pursuant to which pupils, school officials and 37
other persons may, and are encouraged to, report irregularities in 38
testing administration and testing security. 39
(b) Procedures necessary to ensure the security of test materials 40
and the consistency of testing administration. 41
(c) With respec t to secondary schools, procedures pursuant to 42
which the school district or charter school, as appropriate, will 43
verify the identity of pupils taking an examination or assessment. 44

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(d) Procedures that specifically set forth the action that must be 1
taken in response to a report of an irregularity in testing 2
administration or testing security and the action that must be taken 3
during an investigation of such an irregularity. For each action that 4
is required, the procedures must identify, by category, the 5
employees of the school district or charter school who are 6
responsible for taking the action and for ensuring that the action is 7
carried out successfully. 8
(e) If the school district, or any charter school within the 9
school district, provides a program of dista nce education and the 10
school district allows students enrolled in the program to take 11
examinations or assessments administered through a remote 12
testing platform pursuant to section 1 of this act, procedures to 13
ensure the security of such examinations and assessments. 14
 The procedures adopted pursuant to this subsection must be 15
consistent, to the extent applicable, with the procedures adopted by 16
the Department pursuant to NRS 390.270. 17
3. A copy of each plan adopted pursuant to this section and the 18
procedures set forth therein must be submitted on or before 19
September 1 of each year to: 20
(a) The State Board; and 21
(b) The Joint Interim Standing Committee on Education, created 22
pursuant to NRS 218E.320. 23
4. On or before September 30 of each school year, the board of 24
trustees of each school district and the governing body of each 25
charter school shall provide a written notice regarding the 26
examinations and assessments to all teachers and educational 27
personnel employed by the school district or governing body, all 28
personnel employed by the school district or governing body who 29
are involved in the administration of the examinations and 30
assessments, all pupils who are required to take the examinations or 31
assessments and all parents and legal guardians of such pupils. The 32
written notice must be prepared in a format that is easily understood 33
and must include, without limitation, a description of the: 34
(a) Plan adopted pursuant to this section; and 35
(b) Action that may be taken against personnel and pupils for 36
violations of the plan or for other irregularities in testing 37
administration or testing security. 38
5. As used in this section: 39
(a) “Assessment” means the college and career readiness 40
assessment administered to pupils enrolled in grade 11 pursuant to 41
NRS 390.610. 42
(b) “Examination” means: 43
(1) The examinations that are administered to pupils pursuant 44
to NRS 390.105; and 45

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(2) Any other examinations which measure the achievement 1
and proficiency of pupils and which are administered to pupils on a 2
district-wide basis. 3
(c) “Irregularity in testing administration” means the failure to 4
administer an examination or assessment in the manner intended by 5
the person or entity that created the examination or assessment. 6
(d) “Irregularity in testing security” means an act or omission 7
that tends to corrupt or impair the security of an examination or 8
assessment, including, without limitation: 9
(1) The failure to comply with security procedures adopted 10
pursuant to this section or NRS 390.270; 11
(2) The disclosure of questions or answers to questions on an 12
examination or assessment in a manner not otherwise approved by 13
law; and 14
(3) Other breaches in the security or confidentiality of the 15
questions or answers to questions on an examination or assessment. 16
Sec. 7. NRS 390.290 is hereby amended to read as follows: 17
390.290 1. If the Department determines that: 18
(a) At least one irregularity in testing administration occurred at 19
a school, including, without limitation, a charter school , or in a 20
program of distanc e education during 1 school year on the 21
examinations administered pursuant to NRS 390.105; 22
(b) In the immediately succeeding school year in which an 23
examination was administered pursuant to NRS 390.105, at least 24
one additional irregularity in testing administration occurred at that 25
school or in that program of distance education on the 26
examinations administered pursuant to NRS 390.105; and 27
(c) Based upon the criteria set forth in subsection 2, the 28
irregularities described in paragraphs (a) and (b) warrant an 29
additional administration of the examinations, 30
 the Department shall notify the school and the school district in 31
which the school or program of distance education is located that 32
the school or program is required to provide for an additional 33
administration of the examinations to pupils who are enrolled in a 34
grade that is required to take the ex aminations pursuant to NRS 35
390.105 or to the pupils the Department determines must take the 36
additional administration pursuant to subsection 3. The additional 37
administration must occur in the same school year in which the 38
irregularity described in paragraph (b) occurred. Except as otherwise 39
provided in this subsection, the school district shall pay for all costs 40
related to the administration of examinations pursuant to this 41
subsection. If a charter school is required to administer 42
examinations pursuant to t his subsection, the charter school shall 43
pay for all costs related to the administration of the examinations to 44
pupils enrolled in the charter school. 45

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2. In determining whether to require a school or program of 1
distance education to provide for an additi onal administration of 2
examinations pursuant to this section, the Department shall 3
consider: 4
(a) The effect of each irregularity in testing administration, 5
including, without limitation, whether the irregularity required the 6
scores of pupils to be invalidated; and 7
(b) Whether sufficient time remains in the school year to 8
provide for an additional administration of examinations. 9
3. If the Department determines pursuant to subsection 2 that a 10
school or program of distance education must provide for an 11
additional administration of examinations, the Department may 12
consider whether the most recent irregularity in testing 13
administration affected the test scores of a limited number of pupils 14
and require the school or program to provide an additional 15
administration of examinations pursuant to this section only to those 16
pupils whose test scores were affected by the most recent 17
irregularity. 18
4. The Department shall provide as many notices pursuant to 19
this section during 1 school year as are applicable to the 20
irregularities occurring at a school [.] or in a program of distance 21
education. A school shall provide for additional administrations of 22
examinations pursuant to this section within 1 school year as 23
applicable to the irregularities occurring at the school [.] or in the 24
program. 25
Sec. 8. 1. This section becomes effective upon passage and 26
approval. 27
2. Sections 1 to 7, inclusive, of this act become effective: 28
(a) Upon passage and approval for the purpose of adopt ing any 29
regulations and performing any other preparatory administrative 30
tasks that are necessary to carry out the provisions of this act; and 31
(b) On July 1, 2026, for all other purposes. 32

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