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 English 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); (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. 4. The Department shall, in consultation with the administrator designated pursuant to NRS 388.4081 , 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.
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