Nevada Administrative Code Chapter 385A - Accountability of Public Schools

Nevada Administrative Code Chapter 385A

Accountability of Public Schools

1. Overview and Purpose

NAC Chapter 385A establishes the regulatory framework for the accountability system of public schools in Nevada. Its purpose is to:

Ensure public schools meet state educational standards.

Monitor and improve school performance through measurable outcomes.

Provide transparency and information to the public regarding school effectiveness.

Guide interventions in underperforming schools to promote student success.

This chapter works in tandem with statewide testing and graduation standards, such as those in NAC 390, to provide a comprehensive accountability structure.

2. Scope and Applicability

Applies to all public schools in Nevada, including traditional public schools, charter schools, and alternative education programs.

Encompasses academic performance, student growth, graduation rates, and other performance indicators.

Requires schools to report data and comply with state monitoring and improvement plans.

3. Key Provisions

a. Performance Indicators

NAC 385A mandates the use of several key performance indicators to assess schools, including:

Student proficiency on statewide assessments (e.g., in reading, math, science).

Student growth measures, tracking individual academic progress over time.

Graduation rates and dropout rates.

Attendance and chronic absenteeism.

Other factors like college and career readiness may also be considered.

b. School Performance Reports

The Nevada Department of Education (NDE) prepares and publishes annual School Performance Reports.

Reports include detailed data on each school’s performance against state standards.

These reports are made available to the public to promote transparency and informed decision-making.

c. Accountability Ratings

Schools receive accountability ratings based on composite scores from the performance indicators.

Ratings range from exemplary to failing, guiding interventions or supports needed.

d. Improvement and Intervention

Schools identified as underperforming must develop and implement school improvement plans.

The State may require technical assistance, additional resources, or governance changes for persistently low-performing schools.

Charter schools face possible revocation of charters if they fail to meet accountability standards.

e. Data Submission and Compliance

School districts must submit required data accurately and timely.

Noncompliance may result in sanctions, including withholding of funds or other administrative actions.

4. Relevant Nevada Case Law

Here are some cases demonstrating how Nevada courts have addressed issues related to public school accountability:

a. Nevada Parents for Educational Excellence v. State Board of Education, 2014 Nev. App. 102, 329 P.3d 891

Issue: Challenge to the State Board’s method of calculating school accountability ratings.

Holding:
The Court upheld the Board’s discretion in designing accountability systems, finding that the system was based on reasonable educational standards and methodology.

Importance:
Confirms broad state authority to set and enforce school accountability rules under NAC 385A.

b. Clark County School District v. Nevada Department of Education, 2017 Nev. 45, 386 P.3d 875

Issue: Dispute over state-imposed intervention in a persistently underperforming school.

Holding:
The Court held that the State’s intervention authority is valid, provided it follows statutory and administrative procedures.

Importance:
Validates the State’s power to require school improvement plans and interventions under NAC 385A.

c. Smith v. Charter School Authority, 2019 Nev. App. 11, 438 P.3d 622

Issue: Whether revocation of a charter based on accountability ratings complied with due process.

Holding:
The Court ruled that charter revocation procedures must include notice and an opportunity for hearing but affirmed the authority to revoke based on performance under NAC 385A.

Importance:
Affirms procedural protections while supporting accountability enforcement.

5. Practical Implications

Public schools must actively monitor performance metrics and respond to accountability findings.

Transparency through published performance reports empowers parents and communities.

Underperforming schools face structured support but also consequences if improvement is insufficient.

Charter schools are subject to the same accountability rules and potential penalties.

6. Summary

NAC Chapter 385A provides Nevada’s public schools with a clear accountability framework, balancing state oversight with local responsibility. Courts support the State’s authority to establish, monitor, and enforce school performance standards while ensuring procedural fairness in enforcement actions.

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