1. To determine the proficiency of a pupil pursuant to paragraph (b) of subsection 1 of NRS 387.131, the Department shall use, for a pupil who is:
(a) An English learner in any grade, the assessment of proficiency in the English language prescribed by the State Board pursuant to NRS 390.810.
(b) In kindergarten or grade 1 or 2, the assessment implemented by the Department for those grades.
(c) In grade 3, 4, 5, 6, 7 or 8, the examinations administered pursuant to NRS 390.105.
(d) In grade 9 or 10, the assessment implemented by the Department for those grades.
(e) In grade 11 or 12, the college and career readiness assessment administered pursuant to NRS 390.610.
2. The Department shall, by regulation, establish a method for projecting the number of pupils who are at or below the 25th percentile for proficiency in any grade level for which an assessment identified in subsection 1 does not exist or does not provide sufficient information to identify all such pupils. Such a method may allow for the number of pupils to be projected by examining:
(a) The proficiency of pupils in nearby grade levels if an assessment for a grade level has not been fully implemented; or
(b) Information on credit deficiency for any grade in high school for which insufficient information exists to identify all such pupils.
(Added to NRS by 2017, 2922; A 2019, 2503; R 2019, 4253, effective July 1, 2021)