Nevada Revised Statutes Title 34. Education § 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

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 pupil's 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: