1. The Department shall adopt regulations that, for an examination or assessment administered pursuant to this chapter or required to be administered by the board of trustees of a school district, the governing body of a charter school or a public school on a district-wide or school-wide basis, as applicable, prescribe limits on the: (a) Actual time taken from instruction to conduct an examination or assessment; and (b) Number of examinations or assessments administered to pupils in a school year. 2. If the board of trustees of a school district or the governing body of a charter school intends to administer an examination or assessment that would exceed a limitation in a regulation adopted by the Department pursuant to subsection 1, the board of trustees of the school district or the governing body of the charter school must request a waiver from the State Board to exceed the limitation. The State Board may grant a waiver requested pursuant to this subsection if the State Board deems it appropriate. NRS 390.805 Department required to adopt regulations limiting time taken from school day to prepare for or conduct and number of examinations or assessments; waiver. [Effective July 1, 2027.] 1. The Department shall adopt regulations that, for an examination or assessment administered pursuant to this chapter or required to be administered by the board of trustees of a school district, the governing body of a charter school or a public school on a district-wide or school-wide basis, as applicable, prescribe limits on the: (a) Actual time taken from a school day to prepare for or conduct an examination or assessment; and (b) Number of examinations or assessments administered to pupils in a school year. 2. The regulations adopted by the Department pursuant to subsection 1 must: (a) Except as otherwise provided in paragraph (b), prohibit using more than 2 percent of the total number of annual minutes of attendance required for a pupil, excluding time prescribed for recess, for preparing for or conducting an examination or assessment; and (b) Provide exceptions from the limitation described in paragraph (a): (1) That are necessary to comply with the requirements of federal law, including, without limitation, the Individuals with Disabilities Education Act, 20 U.S.C. 1400 et seq., and section 204 of the Equal Educational Opportunities Act of 1974, 20 U.S.C. 1703(f); (2) For a pupil who is being administered an examination or assessment as a result of the pupil participating in: (I) An advanced placement course; (II) An international baccalaureate course; (III) A program of career and technical education; or (IV) Any plan, procedure, program or service for the purpose of improving the literacy of pupils enrolled in an elementary school pursuant to NRS 388.157 ; and (3) For a pupil who is administered an examination or assessment to screen for any special needs of the pupil, including, without limitation, any difficulty in English language acquisition or any disability. 3. If the board of trustees of a school district or the governing body of a charter school intends to administer an examination or assessment that would exceed a limitation in a regulation adopted by the Department pursuant to subsection 1, the board of trustees of the school district or the governing body of the charter school must request a waiver from the State Board to exceed the limitation. The State Board may grant a waiver requested pursuant to this subsection if the State Board deems it appropriate. 4. As used in this section, examination or assessment means a federal, state or locally mandated test that is intended to measure the academic readiness, learning progress and skill acquisition of a pupil. The term does not include: (a) A quiz or test developed by a teacher or time devoted to quizzes, examinations, reviews of portfolios or evaluations of performance that are initiated by a teacher; or (b) A test that is not administered to all pupils but is administered to a subset of pupils to obtain data based on statistical sampling.
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