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

A.B. 24

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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.

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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; 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 compe tency-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 h igher 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 aware ness 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 Sta te 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

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governing body of a charter school, a committee to form a charter school or a 15
charter management organization a pplying 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 Departm ent; 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 univ ersity 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 “com petency-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

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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 s ubmit 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 Departme nt 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 pro vided 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 appli cant 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 gran ted 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

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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 applic able, 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 pupil s, 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

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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 B oard 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 t he 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 t hrough 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 t he 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

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(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-based education” 15
means a system of instruction by which a pupil advances to a higher 16
level of learning when the pupil demonstrates mastery of a concept 17
or skill, re gardless of the time, place or pace at which the pupil 18
progresses. 19
Sec. 9. NRS 389.210 and 389.230 are hereby repealed. 20
Sec. 10. This act becomes effective on July 1, 2025. 21

TEXT OF REPEALED SECTIONS

389.210 Establishment of pilot program to provide
competency-based education; regulations; requirements for
schools selected to participate in program.
1. The Department shall establish a pilot program to provide
competency-based education.
2. The State Board shall adopt regulations that prescribe:
(a) The process for submission of an application by the board of
trustees of a school district or the governing body of a charter school
to participate in the pilot program; and
(b) The qualifications and conditions for participation by a
school in the pilot program, including, without limitation:
(1) A commitment by the school district or charter school to
implement competency -based education for not less than 5 years;
and
(2) Evidence of support for the implementation of
competency-based education by the community served by the
school district or charter school.

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3. A school selected to participate in the pilot program to
provide competency-based education shall:
(a) Implement a system of instruction by which a pupil advances
to a higher level of learning when the pupil demonstrates mastery of
a concept or skill;
(b) Establish concrete skills on which a pupil will be evaluated
that include explicit, measurable and transferable learning
objectives;
(c) Ensure that assessment is a meaningful and positive learning
experience for pupils;
(d) Ensure that pupils receive timely and differentiated support
based upon their individual learning needs; and
(e) Ensure that pupils are able to apply knowledge learned,
create new knowledge and develop important skills and dispositions
relating to such knowledge.
4. If at least one application to participate in the pilot program
is made on behalf of a school that primarily serves pupils who are at
risk or credit deficient, or in need of credit retrieval, the Department
must select at least one such school to participate in the pilot
program.
5. As used in this section, a pupil is “at risk” if the pupil has an
economic or academic disadvant age such that he or she requires
special services and assistance to enable him or her to succeed in
educational programs. The term includes, without limitation, pupils
who are members of economically disadvantaged families, pupils
who are English learners, pupils who are at risk of dropping out of
high school and pupils who do not meet minimum standards of
academic proficiency. The term does not include a pupil with a
disability.
389.230 Public campaign to raise awareness; meetings to
inform superintenden ts of school districts; distribution of
available money to carry out program.
1. The Department of Education shall:
(a) Conduct a public campaign to raise awareness about
competency-based education.
(b) Conduct one or more meetings with the superintend ents of
the school districts for the purpose of increasing:
(1) Understanding of competency-based education; and
(2) Interest in implementing a system of competency -based
education.
2. To the extent that money is available for that purpose, the
Department of Education may, through a competitive grants
program, distribute any money appropriated to the Department to
carry out the pilot program to provide competency -based education
established pursuant to NRS 389.210. Grants must be awarded by

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the Depart ment to schools selected to participate in the program
based upon money available for this purpose.

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