By administering an approved assessment to Kindergarten and Grade 1 students, are schools in violation of Rule 10 115.01B which states, “Whole grade norm-referenced assessment using a national assessment instrument begins no earlier than grade two…”?

No. In accordance with the Nebraska Reading Improvement Act, districts are required to administer an assessment 3x annually to all students in Grades K-3 from the approved list, some of which are norm-referenced.  When there is a conflict between statute and rule, statute supersedes rule, thus no violation of Rule 10 would be issued. Districts will be informed as rules are revised and updated to reflect current legislative requirements.