2023 Nevada Revised Statutes › Chapter 392 - Pupils › NRS 392.785 - Authorization for principal to promote to grade 4 certain pupils who would otherwise be retained in grade 3 after approval of good-cause exemption; eligibility for exemption; procedure; notice; continued provision of intervention services and intensive instruction. [Effective July 1, 2028.]

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 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 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 pursuant 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 written 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 approved pursuant to subsection 3 and who is 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).
(Added to NRS by 2023, 2199, effective July 1, 2028)