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- 83rd Session (2025)
Senate Bill No. 52–Committee on Education
CHAPTER..........
AN ACT relating to education; requiring the board of trustees of a
school district to determine the percentage of certain pupils
enrolled in the school district; revising the definition of
pupils who are considered a “long-term English learner” for
the pur poses of certain reporting ; revising certain factors
considered in determining whether a pupil is eligible for a
good-cause exemption to the requirement that the pupil be
retained in grade 3 after not achieving a passing score on a
uniform examination in r eading; and providing other matters
properly relating thereto.
Legislative Counsel’s Digest:
Existing law requires the board of trustees of each school district to determine
the number of pupils enrolled in schools within the school district who are: (1)
immigrants; (2) refugees; (3) new, short -term and long -term English learners; and
(4) English learners who participate in various programs, courses or activities,
receive a high school diploma and attend an institution of higher education after
receiving a high school diploma. Existing law requires the board of trustees of each
school district to submit such information to the Department of Education in an
annual report and authorizes the Department to make recommendations to the board
of trustees of each s chool district to improve programs for English learners based
on the reports. (NRS 388.4073) Section 1 of this bill: (1) requires the board of
trustees of e ach school district to additionally determine the percentage of such
pupils enrolled in schools in the district; and (2) changes the definition of “long -
term English learner” for the purposes of this report to refer to a pupil who has been
classified as an English learner for more than 6 consecutive years after the pupil
was first identified as an English learner.
Effective July 1, 2028, existing law generally requires a pupil enrolled in grade
3 to be retained in grade 3, rather than promoted to grade 4, if the pupil does not
obtain a score in the subject area of reading on a uniform examination in reading
that meets the passing score prescribed by the State Board of Education. However,
existing law also authorizes a pupil to receive a good -cause exemption to allow the
pupil to be promoted to grade 4 without obtaining such a score if the principal of
the school which the pupil attends determines that the pupil is eligible for such an
exemption and submits a recommendation to the superintendent of schools o f the
school district or the governing body of the charter school, as applicable, which the
pupil attends. (NRS 392.780, 392.785) Section 2 of this bill authorizes a pupil to
qualify for one of the good-cause exemptions by demonstrating, through a portfolio
of the pupil’s work, mastery of the academic standards in reading for grade 3 rathe r
than mastery of the academic standards in reading beyond grade 3.
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- 83rd Session (2025)
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 388.4073 is hereby amended to read as
follows:
388.4073 1. The board of trustees of each school district shall
determine the number and percentage of pupils enrolled in schools
within the school district who are:
(a) Immigrants;
(b) Refugees;
(c) Newcomers to the English language and short-term and
long-term English learners; and
(d) English learners, in total and disaggregated by English
learners who:
(1) Are pupils with an individualized education program or a
plan developed in accordance with section 504 of the Rehabilitation
Act of 1973, 29 U.S.C. § 794;
(2) Are enrolled, placed or participating in:
(I) A special program, including, without limitati on, a
special program for gifted and talented pupils;
(II) A program for career and technical education;
(III) A magnet school or program;
(IV) An advanced placement course;
(V) An international baccalaureate course;
(VI) A dual credit course; or
(VII) An extracurricular or athletic activity, if known;
(3) Receive a high school diploma, disaggregated by type of
diploma; and
(4) Attend an institution of higher education after receiving a
high school diploma and, if known, receive a scho larship to attend
an institution of higher education.
2. The data collected pursuant to subsection 1 must be
disaggregated by grade and pupils who are English learners.
3. The board of trustees of each school district shall determine
the number of teachers:
(a) Employed by the school district who have an endorsement to
teach pupils in a program of bilingual education or who have an
endorsement to teach English as a second language; and
(b) Who are trained in a program for language instruction
adopted by the board of trustees of the school district, to the extent
practicable.
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- 83rd Session (2025)
The data collected pursuant to this subsection must be
disaggregated by teachers who are licensed to teach elementary
education, middle school or junior high school education or
secondary education.
4. On or before August 1 of each year, the board of trustees of
a school district shall review the data collected pursuant to
subsections 1 and 3, compile a report of the data and submit the
report to the Department. The Department m ay make
recommendations to the board of trustees of each school district to
improve programs for English learners based on the reports it
receives pursuant to this subsection.
5. On or before February 1 of each year, the Department shall
submit the repor ts it receives pursuant to subsection 4 to the
Director of the Legislative Counsel Bureau for transmittal to the
Legislature, or if the Legislature is not in session, the Joint Interim
Standing Committee on Education.
6. As used in this section, “long -term English learner” means a
pupil who [is] has been classified as an English learner [who has
lived in the United States ] for [at least ] more than 6 consecutive
years [.] after the pupil was first identified as an English learner.
Sec. 2. NRS 392.785 is hereby amended to read as follows:
392.785 1. The superintendent of schools of a school district
or the governing body of a charter school, as applicable, may
authorize the promotion of a pupil to grade 4 who would otherwise
be retained in grade 3 only if the superintendent or governing body,
as applicable, approves a good-cause exemption for the pupil upon a
determination by the principal of the school pursuant to subsection 3
that the pupil is eligible for such an exemption.
2. A good-cause exemption must be approved for a pupil who
previously was retained in grade 3. Any other pupil is eligible for a
good-cause exemption if the pupil:
(a) Demonstrates an acceptable level of proficiency in reading
on an alternative standardized reading assessment approved by the
State Board;
(b) Demonstrates, through a portfolio of the pupil’s work,
proficiency in reading at grade level, as evidenced by demonstration
of mastery of the academic standards in reading [beyond] for
grade 3;
(c) Is an English learner and has received not less than 2 years of
instruction in a program of instruction that teaches English as a
second language;
(d) Received intensive remediation in the subject area of reading
for 2 or more years but still demonstrates a deficiency in reading
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- 83rd Session (2025)
and was previously retained in kindergarten or grade 1 or 2 for a
total of 2 years;
(e) Is a pupil with a disability and his or her individualized
education program indicates that the pupil’s participation in the
uniform examination administered pursuant to paragraph (a) of
subsection 5 of NRS 392.780 is not appropriate; or
(f) Is a pupil with a disability and:
(1) He or she participates in the uniform examination
administered pursua nt to paragraph (a) of subsection 5 of
NRS 392.780;
(2) His or her individualized education program or plan
developed in accordance with section 504 of the Rehabilitation Act
of 1973, 29 U.S.C. § 794, documents that the pupil has received
intensive remediation in reading for more than 2 years, but he or she
still demonstrates a deficiency in reading; and
(3) He or she was previously retained in kindergarten or
grade 1, 2 or 3.
3. The principal of a school in which a pupil who may be
retained in grade 3 pursuant to subsection 1 is enrolled shall
consider the factors set forth in subsection 2 and determine whether
the pupil is eligible for a good -cause exemption. In making the
determination, the principal must consider documentation provided
by the pupil’s teacher indicating whether the promotion of the pupil
is appropriate based upon the record of the pupil. Such
documentation must only consist of the existing plan for monitoring
the progress of the pupil, the pupil’s individualized education
program, if applicable, and the pupil’s plan developed in accordance
with section 504 of the Rehabilitation Act of 1973, 29 U.S.C. § 794,
if applicable. If the principal determines that promotion of the pupil
to grade 4 is appropriate, the principal must submit a wr itten
recommendation to the superintendent of schools of the school
district or to the governing body of the charter school, as applicable.
The superintendent of schools or the governing body of the charter
school, as applicable, shall approve or deny the recommendation of
the principal and provide written notice to the principal of the
approval or denial.
4. A principal who determines that a pupil is eligible for a
good-cause exemption pursuant to subsection 3 shall notify the
parent or legal guardian of the pupil if the superintendent of schools
of the school district or the governing body of the charter school, as
applicable, has approved the good-cause exemption.
5. The principal of a school in which a pupil for whom a good -
cause exemption is approve d pursuant to subsection 3 and who is
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promoted to grade 4 must ensure that the pupil continues to be
provided intervention services and intensive instruction in the
subject area of reading pursuant to NRS 392.760.
6. As used in this section, “individualized education program”
has the meaning ascribed to it in 20 U.S.C. § 1414(d)(1)(A).
Sec. 3. 1. This section and section 1 of this act become
effective on July 1, 2025.
2. Section 2 of this act becomes effective on July 1, 2028.
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