Section 392.750 - [Effective 7/1/2028] Written notice of deficiency in subject area of reading to parent or legal guardian of pupil in elementary school If a pupil enrolled at a public elementary school in kindergarten or grade 1, 2 or 3 or who newly enrolls in a public elementary school exhibits a deficiency in the subject area of reading based upon state or local assessments and the observations of the pupil's teacher, the principal of the school must provide written notice of the deficiency to the parent or legal guardian of the pupil within 30 days after the date on which the deficiency is discovered. The written notice must, without limitation:
1. Identify the educational programs and services that the pupil will receive to improve the pupil's proficiency in the subject area of reading, including, without limitation, the programs and services included in the plan to improve the literacy of pupils enrolled in elementary school that has been approved by the Department pursuant to NRS 388.157; 2. Explain that if the pupil does not achieve adequate proficiency in the subject area of reading before the completion of grade 3, the pupil will be retained in grade 3, rather than promoted to grade 4, unless the pupil receives a good-cause exemption pursuant to NRS 392.785, and the school will provide the pupil with intervention services and intensive instruction each year that the pupil is enrolled in the elementary school, unless it is determined that such services and instruction are no longer necessary;3. Describe, explain and, if appropriate, demonstrate the strategies which the parent or legal guardian may use at home to help improve the proficiency of the pupil in the subject area of reading;4.Explain that the uniform examination in the subject area of reading administered pursuant to paragraph (a) of subsection 5 of NRS 392.780 is not the only factor used to determine whether the pupil will be retained in grade 3 and that other options are available for the pupil to demonstrate proficiency if the pupil is eligible for a good-cause exemption pursuant to NRS 392.785;5. Describe the policy and specific criteria adopted by the board of trustees of the school district or governing body of a charter school, as applicable, pursuant to NRS 392.765 regarding :(a) The provision of intervention services and intensive instruction to a pupil enrolled in an elementary school; and(b) The promotion of a pupil to grade 4 at any time during the school year if the pupil is retained in grade 3 pursuant to NRS 392.780;6. Include information regarding the English literacy development of a pupil who is an English learner;7. Describe, explain and, if appropriate, demonstrate the strategies which the parent or legal guardian may use at home to help improve the English literacy of a pupil who is an English learner;8. To the extent practicable, be provided in a language that the parent or legal guardian can understand;9. Explain that a plan to monitor the growth of the pupil in the subject area of reading will regularly assess the pupil and the elementary school will provide notice to the parent or legal guardian the status of the growth of the pupil; and10. Explain that services and the programs provided to the pupil will be adjusted to improve the deficiency in the subject area of reading.Added to NRS by 2015, 1862; A 2017, 3277; 2019, 4493Amended by 2023, Ch. 387,§76, eff. 7/1/2028.Amended by 2019, Ch. 634,§5, eff. 7/1/2019.Added to NRS by 2015, 1862; A 2017, 3277, effective July 1, 2019This section is set out more than once due to postponed, multiple, or conflicting amendments.