Read the full stored bill text
- 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 lic ensed 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 actio n 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 b ill 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 ra ting 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 b oard 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 pupi l 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 o f 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 Advis ory 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 en rolled 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, includin g,
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 eac h 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 personne l, 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. The establishment of zones pursuant to subsection 1 does
not preclude a pupil from attending a:
(a) Charter school;
(b) University school for profoundly gifted pupils;
(c) Public school outside the zone of attendance that the pupil is
otherwise required to attend if the pupil is a child in foster care who
is remaining in his or her school of origin pursuant to NRS
388E.105; or
(d) Public school outside the zone of attendance that the pup il is
otherwise required to attend if the pupil has been issued a fictitious
address pursuant to NRS 217.462 to 217.471, inclusive, or the
parent or legal guardian with whom the pupil resides has been
issued a fictitious address pursuant to NRS 217.462 to 217.471,
inclusive . [; or
(e) Public school outside the zone of attendance that the pupil is
otherwise required to attend if the pupil is an English learner
enrolling in the school pursuant to subsection 5 of NRS 388.408.]
– 7 –
- 83rd Session (2025)
Sec. 8. NRS 388.4055 is hereby amended to read as follows:
388.4055 The Department may adopt regulations as necessary
to carry out the provisions of NRS 388.405 to [388.408,] 388.4077,
inclusive [.] , and sections 4, 5 and 6 of this act.
Sec. 9. NRS 388.406 is hereby amended to read as follows:
388.406 1. A pupil who is an English learner has the right to:
(a) Receive a free appropriate public education regardless of the
immigration status or primary language of the pupil or the parent or
legal guardian of the pupil;
(b) Equal access to all programming and services offered to
pupils in the same grade level who are not English learners by the
school or school district in which the pupil is enrolled;
(c) Receive instruction at the same grade level as other pupils
who are of a similar age as the pupil who is an English learner,
unless the school or school district in which the pupil is enrolled
determines it is appropriate for the pupil who i s an English learner
to be placed in a different grade level;
(d) Equal access to participate in extracurricular activities;
(e) Receive appropriate services for academic support provided
by the school or school district to pupils enrolled in the school or
school district who are not English learners;
(f) Be evaluated each year to determine the progress of the pupil
in learning the English language and to obtain information about the
academic performance of the pupil, including, without limitation,
the r esults of an examination administered pursuant to NRS
390.105; and
(g) Be continuously placed in a program for English learners for
as long as the pupil is classified as an English learner unless the
parent or legal guardian of the pupil declines for the pupil to be
placed in a program for English learners.
2. The parent or legal guardian of a pupil who is an English
learner has the right to:
(a) Enroll his or her child in a public school without disclosing
the immigration status of the pupil or the parent or legal guardian;
(b) To the extent practicable, have a qualified interpreter in the
primary language of the parent or legal guardian with the parent or
legal guardian during significant interactions with the school
district;
(c) To the extent pract icable, receive written notice in both
English and the primary language of the parent or legal guardian
that the pupil has been identified as an English learner and will be
placed in a program for English learners;
– 8 –
- 83rd Session (2025)
(d) Receive information about the progre ss of the pupil in
learning the English language and, if the pupil is enrolled in a
program of bilingual education, the progress of the pupil in learning
the languages of that program;
(e) At the request of the parent or legal guardian, meet with staff
of the school in which the pupil is enrolled at least once a year, in
addition to any other required meetings, to discuss the overall
progress of the pupil in learning the English language;
(f) Transfer the pupil to another school within the school district
if the school in which the pupil is currently enrolled does not offer a
program for English learners ; [or has been placed on a corrective
action plan pursuant to NRS 388.408;]
(g) Receive information related to any evaluations of the pupil
pursuant to paragraph (f) of subsection 1; and
(h) Contact the Department or the school district, as applicable,
if the school or school district in which the pupil is enrolled violates
the provisions of this section.
3. Notwithstanding the provisions of paragraphs (b) and (c) of
subsection 2, the board of trustees of each school district shall
provide information to the parent or legal guardian of a pupil who is
an English learner in a language and format that the parent or legal
guardian can understand.
4. To the extent practicable, the board of trustees of each
school district shall, in writing and in both English and the primary
language of the parent or legal guardian of a pupil who is an English
learner, inform the parent or legal guardian of the rights described in
this section at the time of the registration of the pupil in a school
within the school district or at the time the pupil is identified as an
English learner. The school district shall provide a copy of the rights
described in this section at the an nual registration of a pupil in a
school within the school district to the parent or legal guardian of a
pupil who is an English learner.
5. The Department shall provide translated copies of the rights
described in this section in the five most common la nguages other
than English primarily spoken in the households within each school
district, which may include, without limitation, Spanish and
Tagalog. The board of trustees of each school district and each
school that enrolls pupils who are English learner s shall post a copy
of the rights described in this section on their respective Internet
websites in as many languages as possible, which may include,
without limitation, and as applicable for the school district, the
languages translated by the Department pursuant to this subsection.
– 9 –
- 83rd Session (2025)
Sec. 10. NRS 388.407 is hereby amended to read as follows:
388.407 1. The board of trustees of each school district shall
develop a policy for the instruction to teach English to pupils who
are English learners. The policy must be designed to provide pupils
enrolled in each public school located in the school district who are
English learners with instruction that enables those pupils to attain
proficiency in the English language and improve their overall
academic achievement and proficiency.
2. The policy developed pursuant to subsection 1 must:
(a) Provide for the identification of pupils who are English
learners through the use of an appropriate assessment;
(b) Provide for the periodic reassessment of each pupil who is
classified as an English learner;
(c) Be designed to eliminate any gaps in achievement, including,
without limitation, in the core academic subjects and in high school
graduation rates, between those pupils who are Engli sh learners and
pupils who are proficient in English;
(d) Provide opportunities for the parents or legal guardians of
pupils who are English learners to participate in the program;
(e) Provide the parents and legal guardians of pupils who are
English learners with information regarding other programs that are
designed to improve the language acquisition and academic
achievement and proficiency of pupils who are English learners and
assist those parents and legal guardians in enrolling those pupils in
such programs;
(f) Provide for the identification of the primary language of each
pupil enrolled in the school district at the beginning of each school
year to assist in the identification of pupils who are English learners
pursuant to paragraph (a); [and]
(g) Provide that a pupil who is an English learner remain placed
in a program for English learners until the pupil obtains language
proficiency based on an appropriate assessment of pupils who are
English learners unless the parent or legal guardian of the pupil
declines for the pupil to remain placed in a program for English
learners [.] ; and
(h) 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.
3. The board of trustees of a school district shall adopt a plan to
ensure that a policy adopted pursuant to this section achieves the
objectives prescribed by paragraph (c) of subsection 2.
– 10 –
- 83rd Session (2025)
4. The Department shall , in consultation with the
administrator designated pursuant to section 4 of this act, monitor
the implementation of:
(a) The provisions of the policy developed pursuant to
subsection 1 designed to achieve the objectives described in
paragraph (c) of subsection 2; and
(b) The plan adopted pursuant to subsection 3.
5. The board of trustees of a school district may identify and
purchase an assessment for use by the school district to measure the
literacy of pupils who are English learners. Such an assessment:
(a) Must be approved by the Department; and
(b) May include tools to assist pupils who are English learners
to improve their mastery of the English language.
Sec. 11. 1. The Department of Education shall establish an
English Learner Advisory Council during the 2025 -2026 interim to
study policies to support English language acquisition, development
and literacy. The Advisory Council consists of the following 12
members:
(a) The Superintendent of Public Instruction, or his or her
designee, who serves as an ex officio member of the Advisory
Council.
(b) Two members who have knowledge and expertise in
language acquisi tion and who represent the Nevada System of
Higher Education, appointed by the Superintendent of Public
Instruction.
(c) Two members who are staff members of the Department ,
appointed by the Superintendent of Public Instruction.
(d) One member who is an education professional, appointed by
the employee organization recognized as representing the plurality
of teachers employed by a large school district.
(e) One member who is an education professional, appointed by
the employee organization recognized as representing the plurality
of teachers employed by school districts that are not large school
districts.
(f) Two members who are school -level administrators, one of
whom is employed by a school district in a county whose population
is 100,000 or more and one of whom is employed by a school
district in a county whose population is less than 100,000, appointed
by the Governor from a list of nominees submitted by the Nevada
Association of School Administrators.
(g) Two members who are school -district-level a dministrators,
one of whom is employed by a school district in a county whose
population is 100,000 or more and one of whom is employed by a
– 11 –
- 83rd Session (2025)
school district in a county whose population is less than 100,000,
appointed by the Governor from a list of nominee s submitted by the
Nevada Association of School Administrators.
(h) One member with expertise in the development of public
policy relating to the education of pupils who have limited
proficiency in English, appointed by the Superintendent of Public
Instruction upon the advice and recommendation of persons who
have knowledge and expertise in providing instruction to pupils who
have limited proficiency in English.
2. In addition to the members appointed pursuant to subsection
1, the Executive Director of t he State Public Charter School
Authority may appoint one member to the Advisory Council.
3. The Advisory Council shall study policies to support English
language acquisition, development and literacy.
4. The Advisory Council shall, at its first meeting, elect a Chair
and a Vice Chair from among its members.
5. A majority of the member of the Advisory Council
constitutes a quorum for the transaction of business, and a majority
of those members present at any meeting is sufficient for any
official action taken by the Advisory Council.
6. The Department shall provide administrative support to the
Advisory Council.
7. The members of the Advisory Council serve without
compensation generally.
8. Each member of the Advisory Council who is an officer or
employee of the State or a local government must be relieved from
his or her duties without loss of regular compensation so that the
member may prepare for and attend meetings of the Advisory
Council and perform any work necessary to carry out the duti es of
the Advisory Council in the most timely manner practicable. A state
agency or local government shall not require an officer or employee
who is a member of the Advisory Council to make up the time the
member is absent from work to carry out his or her duties as a
member, and shall not require the member to take annual vacation
or compensatory time for the absence.
9. The Department may accept gifts, grants and donations from
any source to support the work of the Advisory Council.
10. The Departmen t shall, on or before October 31, 2026,
prepare and submit a written report describing the activities,
findings, conclusions and recommendations of the Advisory Council
to the Director of the Legislative Counsel Bureau for transmittal to
the 84th Session of the Legislature.
– 12 –
- 83rd Session (2025)
11. The Advisory Council may request the drafting of not more
than 1 legislative measure which relates to matters within the scope
of the Advisory Council. The request must be submitted to the
Legislative Counsel on or before December 31, 2026, and must be
on a form prescribed by the Legislative Counsel. A legislative
measure requested pursuant to this subsection must be prefiled on or
before the first day of the regular session of the Legislature in 2027.
A legislative measure that is not prefiled on or before that day shall
be deemed withdrawn.
Sec. 12. A teacher employed by a school district must, on or
before October 1, 2030, submit proof that he or she has completed
the training required by section 5 of this act as a condition of
continued employment after that date.
Sec. 13. The provisions of NRS 354.599 do not apply to any
additional expenses of a local government that are related to the
provisions of this act.
Sec. 14. NRS 388.408 is hereby repealed.
Sec. 15. 1. This section becomes effective upon passage and
approval.
2. Sections 1 to 10, inclusive, of this act become effective:
(a) Upon passage and approval for the purpose of adopting any
regulations and performing any other preparatory administrative
tasks that are necessary to carry out the provisions of this act; and
(b) On October 1, 2025, for all other purposes.
3. Section 11 of this act becomes effective:
(a) Upon passage and approval for the purpose of appointing
members to the English Learner Advisory Council established
pursuant to section 11 of this act and performing any other
preparatory administrative tasks that are necessa ry to carry out the
provisions of this act; and
(b) On October 1, 2025, for all other purposes.
4. Sections 12, 13 and 14 of this act become effective on
October 1, 2025.
20 ~~~~~ 25