Nevada Code § 392.780

Required retention of pupil in grade 3 for failure to obtain passing score in reading; notice of retention; development of policy to promote certain retained pupils to grade 4; placement in transitional setting; regulations. [Effective July 1, 2028.]
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1. Except as otherwise provided in this
section, a pupil enrolled in grade 3 must 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 the uniform examination administered pursuant to paragraph (a) of
subsection 5 that meets the passing score prescribed by the State Board.
2. If a pupil will be retained in grade 3
pursuant to this section, the principal of the school must provide written
notice to the parent or legal guardian of the pupil that the pupil will be
retained in grade 3.
3. The board of trustees of each school
district and the governing body of a charter school, as applicable, shall
develop a policy by which the principal of a school may promote a pupil who is
retained in grade 3 pursuant to this section to grade 4 at any time during the
school year if the pupil demonstrates adequate proficiency in the subject area
of reading. The policy must include the specific criteria a pupil must satisfy
to be eligible for promotion, including, without limitation, a reasonable
expectation that the pupils progress will allow him or her to sufficiently
master the requirements for a fourth-grade reading level. If a pupil is
promoted after November 1 of a school year, he or she must demonstrate
proficiency in reading at a level prescribed by the State Board.
4. If a principal of a school determines
that a pupil is not academically ready for promotion to grade 4 after being
retained in grade 3 and the pupil received intensive instructional services
pursuant to NRS 392.760 , the school
district in which the pupil is enrolled must allow the parent or legal guardian
of the pupil to decide, in consultation with the principal of the school,
whether to place the pupil in a transitional setting which is designed to
produce learning gains sufficient for the pupil to meet the performance
standards required for grade 4, while continuing to receive remediation in the
subject area of reading.
5. The State Board shall prescribe by
regulation:
(a) A uniform examination for administration in
kindergarten and grades 1, 2 and 3 to measure the proficiency of pupils in the
subject area of reading;
(b) The score which a pupil enrolled in grade 3
must obtain in the subject area of reading on the uniform examination
administered pursuant to paragraph (a) to be promoted to grade 4 without a
good-cause exemption; and
(c) An alternative examination for administration
to pupils enrolled in grade 3 who do not obtain the passing score in the
subject area of reading on the uniform examination administered pursuant to
paragraph (a) and the passing score such a pupil must obtain on the alternative
examination to be promoted to grade 4 without the approval for a good-cause
exemption pursuant to NRS 392.785 .

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