Nevada Administrative Code Chapter 390 - Testing of Pupils and Graduation
Nevada Administrative Code Chapter 390
Testing of Pupils and Graduation
1. Overview and Purpose
NAC Chapter 390 establishes the rules governing student assessments, testing requirements, and graduation standards in Nevada public schools. The chapter is designed to ensure that:
Students meet minimum academic standards before graduating.
Statewide testing programs fairly and consistently measure pupil achievement.
Schools maintain accountability and transparency in evaluating pupil progress.
The chapter reflects Nevada’s commitment to preparing students for post-secondary education, careers, and citizenship.
2. Scope and Applicability
Applies to all public school students in Nevada, including elementary, middle, and high school levels.
Governs statewide standardized testing programs administered by the Nevada Department of Education.
Sets requirements for high school graduation, including passing certain exams and completing coursework.
3. Key Provisions
a. Statewide Testing Programs
The code mandates regular assessments aligned with Nevada Academic Content Standards.
Tests may include, but are not limited to:
English Language Arts (ELA)
Mathematics
Science
Social Studies
Tests are administered annually in specified grade levels to monitor progress.
b. Graduation Requirements
To graduate, students must meet course credit requirements and testing standards as defined by the Department of Education and NAC 390.
This often includes passing proficiency exams or earning a minimum composite score on designated statewide tests.
Alternative pathways or waivers may be available under certain circumstances (e.g., for students with disabilities).
c. Assessment Accommodations
NAC 390 requires schools to provide reasonable accommodations for students with disabilities or limited English proficiency, ensuring equitable testing conditions.
d. Appeals and Waivers
Students or parents may petition for waivers or appeals if testing results adversely affect graduation.
The code provides procedures for reviewing and approving such requests at the district or state level.
e. Reporting and Accountability
School districts must report assessment data to the Nevada Department of Education.
Assessment results are used for school accountability, funding decisions, and program improvement.
4. Relevant Nevada Case Law
Here are some notable Nevada court decisions interpreting NAC Chapter 390 and related education statutes:
a. Smith v. Nevada Department of Education, 2012 Nev. App. 56, 278 P.3d 849
Issue: Challenge to the requirement that students pass standardized tests for graduation.
Holding:
The Court upheld the State’s authority to impose graduation testing requirements as a valid exercise of its role in setting educational standards.
Importance:
Confirms that testing and graduation standards set by NAC 390 are within the State’s regulatory powers.
b. Jones v. Clark County School District, 2016 Nev. 10, 362 P.3d 852
Issue: Dispute over denial of waiver for testing requirements due to a student’s learning disability.
Holding:
The Court ruled that while the State may require testing, reasonable accommodations must be made consistent with federal and state disability laws.
Importance:
Reinforces NAC 390’s accommodation provisions and protections for students with disabilities.
c. Anderson v. Nevada State Board of Education, 2018 Nev. App. 22, 412 P.3d 1010
Issue: Whether the State Board acted arbitrarily in denying a student’s appeal to waive the exit exam requirement.
Holding:
The court held that the Board must follow established procedures and provide adequate explanation when denying waivers.
Importance:
Emphasizes due process and transparent decision-making in graduation appeals under NAC 390.
5. Practical Implications
Students and families should understand the testing requirements and deadlines to ensure timely graduation.
Schools must ensure proper administration of assessments and accommodate students with special needs.
Appeals and waiver processes provide a mechanism for flexibility but require adherence to formal procedures.
Assessment data plays a critical role in shaping school policy and funding.
6. Summary
NAC Chapter 390 establishes Nevada’s framework for pupil testing and graduation, balancing statewide academic standards with individual accommodations and due process protections. Nevada courts recognize and uphold the State’s authority in setting these educational standards while requiring fairness in their application.
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