NRS: CHAPTER 388G - ALTERNATIVE SCHOOL MANAGEMENT

[Rev. 6/29/2024 3:54:51 PM--2023]

CHAPTER 388G - ALTERNATIVE SCHOOL MANAGEMENT

EMPOWERMENT SCHOOLS

General Provisions

NRS 388G.010 “Empowerment school” defined.

Program of Empowerment Schools

NRS 388G.050 Establishment of Program; required percentage of empowerment schools in certain counties; membership and duties of school district design team; acceptance of gifts and grants by school district.

NRS 388G.060 Adoption of policies and procedures; school choice for pupils; enrollment of pupils in empowerment school; no duty to provide transportation; procedure for empowerment school to obtain waiver from school district requirements and regulations.

School Empowerment Teams

NRS 388G.100 Establishment of empowerment team for school; exception from requirement of empowerment team; development of empowerment plan; participation by charter schools.

NRS 388G.110 Duties of school empowerment team.

School Empowerment Plans

NRS 388G.120 Requirements of school empowerment plan; request for waiver from certain statutes and regulations; budget for empowerment school and discretion over certain percentage of money.

NRS 388G.130 Review of empowerment plan for public school or district-sponsored charter school; opportunity to correct deficiencies; term of effectiveness; request for amendment; review of request for waiver from statute or regulation by State Board.

NRS 388G.140 Review of empowerment plan for State Public Charter School Authority-sponsored, Nevada System of Higher Education-sponsored and city- or county-sponsored charter schools; opportunity to correct deficiencies; term of effectiveness; request for amendment; review of request for waiver from statute or regulation by State Board.

Miscellaneous Provisions

NRS 388G.200 Quarterly report by empowerment school; annual financial audit required; compilation of reports and audits.

NRS 388G.210 Compliance with state law; exception if waiver granted; acceptance of gifts and grants by empowerment school.

NRS 388G.220 Regulations.

PROGRAMS OF SCHOOL-BASED DECISION MAKING

NRS 388G.300 Authority of board of trustees to prescribe rules relating to creation and administration of program.

NRS 388G.310 Authority of board of trustees to waive requirements of regulations for public school adopting program.

NRS 388G.320 Authority of State Board of Education to waive required course of study for school council created pursuant to program.

TURNAROUND SCHOOLS

NRS 388G.400 Determinations regarding principal and employees of school; financial and other incentives for teachers, administrators and paraprofessionals; reassignment of teachers to another public school; effect of determinations regarding employees on cost of operation of school; regulations to establish criteria for designation.

ORGANIZATION OF LARGE SCHOOL DISTRICTS

General Provisions

NRS 388G.500 Legislative findings and declaration.

NRS 388G.510 Definitions.

NRS 388G.515 “Board of trustees” defined.

NRS 388G.520 “Central services” defined.

NRS 388G.525 “Confidential information” defined.

NRS 388G.530 “Large school district” defined.

NRS 388G.535 “Local school precinct” defined.

NRS 388G.540 “Organizational team” defined.

NRS 388G.545 “Plan of operation” defined.

NRS 388G.550 “School associate superintendent” defined.

NRS 388G.555 “Specialty school” defined.

NRS 388G.560 “Superintendent” defined.

NRS 388G.570 Applicability.

NRS 388G.580 Superintendent of Public Instruction to ensure reorganization of large school district; cooperation of large school districts required.

NRS 388G.590 Regulations.

Formation of Local School Precincts

NRS 388G.600 Certain public schools deemed local school precincts; operation using site-based decision-making; limitation on reducing size or converting specialty schools.

NRS 388G.610 Responsibilities of local school precincts and large school districts; procurement of equipment, services and supplies from outside sources required in certain circumstances; assignment of staff from central services; transferring additional responsibility to local school precincts. [Effective through June 30, 2024.]

NRS 388G.610 Responsibilities of local school precincts and large school districts; selection of certain staff by principal of local school precinct; procurement of equipment, services and supplies from outside sources required in certain circumstances; assignment of staff from central services; transferring additional responsibility to local school precincts. [Effective July 1, 2024.]

NRS 388G.620 Assignment of school associate superintendents to oversee local school precincts; manner of filling vacancy; employment decisions concerning school associate superintendent.

NRS 388G.630 Duties of school associate superintendent; accountability for performance of local school precincts.

Financial Determinations and Considerations for Local School Precincts

NRS 388G.650 Annual establishment and publication of certain information to assist local precincts prepare budgets for the next school year; carry forward of year-end balance to next school year. [Effective through June 30, 2024.]

NRS 388G.650 Annual establishment and publication of certain information to assist local precincts in preparing budgets for the next school year; carry forward of year-end balance to next school year; requirement to spend or transfer amount of year-end balance in excess of certain percentage of actual expenditures. [Effective July 1, 2024.]

NRS 388G.660 Establishment of estimated total amount of money to be received by large school districts in next school year and estimated percentage to be allocated to local school precincts; requirements regarding amount of money to be allocated to local school precincts; publication of information concerning allocations.

NRS 388G.670 Allocation per pupil to local school precincts; establishment of weights for categories of pupils; amount provided to specialty or rural schools; variance from weights.

NRS 388G.680 Local school precinct to be informed of allocation for next school year; determination of number and category of pupils; determination of allocation for new local school precinct; annual adjustment to amount allocated.

NRS 388G.690 Annual determinations concerning actual expenditures for and teacher vacancies at each local school precinct for preceding school year.

Management and Operation of Local School Precincts

NRS 388G.700 Establishment of organizational team for local school precinct; plan of operation for local school precinct. [Effective through June 30, 2024.]

NRS 388G.700 Establishment of organizational team for local school precinct; plan of operation for local school precinct. [Effective July 1, 2024.]

NRS 388G.710 Presentation of plan of operation at public meeting; submission of plan of operation for approval; adjustments to budget after plan of operation approved. [Effective through June 30, 2024.]

NRS 388G.710 Presentation of plan of operation at public meeting; provision of notice of scheduled vote; submission of plan of operation for approval; adjustments to budget after plan of operation approved. [Effective July 1, 2024.]

NRS 388G.720 Organizational team: Composition; election of certain members; immunity from liability for civil damages. [Effective through June 30, 2024.]

NRS 388G.720 Organizational team: Composition; election of certain members; immunity from liability for civil damages. [Effective July 1, 2024.]

NRS 388G.730 Organizational team: Chair; quorum; meetings; terms of members; vacancies; members serve without compensation.

NRS 388G.740 Duties and authority of organizational team; participation of organizational team in selection of principal. [Effective through June 30, 2024.]

NRS 388G.740 Duties and authority of organizational team; participation of organizational team in selection of principal. [Effective July 1, 2024.]

NRS 388G.750 Submission of request to revise plan of operation to school associate superintendent; response to such a request; appeal of decision of school associate superintendent. [Effective through June 30, 2024.]

NRS 388G.750 Notification to school associate superintendent of failure to approve proposed plan of operation; development of plan of operation by superintendent. [Effective July 1, 2024.]

NRS 388G.760 Creation of community education advisory boards.

Monitoring Effectiveness of Local School Precincts

NRS 388G.800 Survey to be administered annually to certain persons involved with local school precincts and employees of central services; publication of summary of results of surveys.

NRS 388G.810 Superintendent to prepare report with information from school year before immediately preceding school year; contents of report; report to be forwarded to certain persons.

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EMPOWERMENT SCHOOLS

General Provisions

NRS 388G.010 “Empowerment school” defined. As used in NRS 388G.010 to 388G.220, inclusive, unless the context otherwise requires, “empowerment school” means a public school operating under an empowerment plan developed pursuant to NRS 388G.120 and approved pursuant to NRS 388G.130 or 388G.140, as applicable.

(Added to NRS by 2007, 3277; A 2011, 879)—(Substituted in revision for NRS 386.700)

Program of Empowerment Schools

1. There is hereby established a Program of Empowerment Schools for public schools within this State. The Program does not include a university school for profoundly gifted pupils.

2. The board of trustees of a school district which is located:

(a) In a county whose population is less than 100,000 may approve public schools located within the school district to operate as empowerment schools.

(b) In a county whose population is 100,000 or more but less than 700,000 shall approve not less than 5 percent of the schools located within the school district to operate as empowerment schools.

3. The board of trustees of a school district which participates in the Program of Empowerment Schools shall, on or before September 1 of each year, provide notice to the Department of the number of schools within the school district that are approved to operate as empowerment schools for that school year.

4. The board of trustees of a school district that participates in the Program of Empowerment Schools may create a design team for the school district. If such a design team is created, the membership of the design team must consist of the following persons appointed by the board of trustees:

(a) At least one representative of the board of trustees;

(b) The superintendent of the school district, or the superintendent’s designee;

(d) Teachers and other educational personnel employed by the school district, including, without limitation, school administrators;

(e) Representatives of organizations that represent teachers and other educational personnel;

(f) Representatives of the community in which the school district is located and representatives of businesses within the community; and

(g) Such other members as the board of trustees determines are necessary.

5. If a design team is created for a school district, the design team shall:

(a) Recommend policies and procedures relating to empowerment schools to the board of trustees of the school district; and

(b) Advise the board of trustees on issues relating to empowerment schools.

6. The board of trustees of a school district may accept gifts, grants and donations from any source for the support of the empowerment schools within the school district.

(Added to NRS by 2007, 3277; A 2011, 878, 879; 2015, 3804; 2017, 56; 2019, 2010, 2071)—(Substituted in revision for NRS 386.720)

1. The board of trustees of a school district that participates in the Program of Empowerment Schools may establish policies and procedures for public schools within the school district that wish to convert to empowerment schools which may provide for:

(a) The process by which a public school may convert to an empowerment school, including, without limitation, the development of an empowerment plan for the school in accordance with NRS 388G.120;

(b) Autonomy for the principal of each empowerment school to decide issues relating to the operation of the school, including, without limitation, the school schedule, governance, incentives for employees, staffing, budgeting and the provision of instruction;

(c) The opportunity for empowerment schools within the school district to offer an alternative schedule, including, without limitation, a longer school day or a longer school year, or both, and to offer school during the summer; and

(d) Other matters as deemed necessary by the board of trustees.

2. The board of trustees of a school district that participates in the Program of Empowerment Schools shall adopt policies and procedures which provide for:

(a) Accountability measures designed to ensure that pupils enrolled in an empowerment school are achieving certain goals and standards relating to academic achievement;

(b) The process for the selection of empowerment schools and the approval of empowerment plans for those schools;

(d) The criteria for revocation of an empowerment plan for a school and the procedure for revocation; and

(e) The time period for which empowerment plans will be approved.

3. A school district that participates in the Program of Empowerment Schools shall provide a process for a pupil who resides in the school district to attend:

(a) An empowerment school regardless of the school which the pupil is otherwise zoned to attend.

(b) A school that is not an empowerment school if the pupil is zoned to attend a school that converts to an empowerment school.

4. An empowerment school shall:

(a) Enroll first the pupils who are zoned to attend that school.

(b) After the enrollment of pupils pursuant to paragraph (a), if the school has space available, enroll pupils who are not otherwise zoned to attend the school on the basis of a lottery system.

5. A school district is not required to provide transportation to a pupil who attends a public school which the pupil is not otherwise zoned to attend.

6. A school district that participates in the Program of Empowerment Schools shall provide a procedure for an empowerment school to obtain a waiver from the requirements and regulations of the board of trustees of the school district. The board of trustees may not waive:

(a) The requirements of a state or federal law or regulation.

(b) A policy or requirement relating to safety, including, without limitation, hiring security personnel and following procedures designed to ensure the safety of the school, the personnel employed at the school and the pupils.

(Added to NRS by 2007, 3278; A 2011, 879; 2013, 1925)—(Substituted in revision for NRS 386.725)

School Empowerment Teams

NRS 388G.100 Establishment of empowerment team for school; exception from requirement of empowerment team; development of empowerment plan; participation by charter schools.

1. Except as otherwise provided in subsection 2, the principal of a public school within a school district that participates in the Program of Empowerment Schools who wishes to convert to an empowerment school shall:

(a) Establish an empowerment team for the school; and

(b) Develop an empowerment plan for the school in consultation with the empowerment team.

2. The principal of a public school located in a county whose population is less than 100,000 may develop an empowerment plan for the school without establishing or consulting with an empowerment team. If an empowerment team has not been established pursuant to the exception provided in this subsection, the principal of the school shall carry out the responsibilities and duties otherwise assigned to an empowerment team pursuant to NRS 388G.010 to 388G.220, inclusive.

3. An empowerment team for a school must consist of the following persons:

(a) The principal of the school;

(b) At least two but not more than four teachers and other licensed educational personnel who are employed at the school, selected by a recognized employee organization that represents licensed educational personnel within the school district;

(c) At least two but not more than four employees, other than teachers and other licensed educational personnel, who are employed at the school, selected by an organization that represents those employees;

(d) At least two but not more than four parents and legal guardians of pupils enrolled in the school, selected by an association of parents established for the school;

(e) At least two but not more than four representatives of the community or businesses within the community; and

(f) Such other persons as may be necessary to meet the requirements set forth in subsection 4.

4. Of the total number of members on an empowerment team for a school:

(a) At least one member must have 5 years or more of experience in school finance;

(b) At least one member must have 5 years or more of experience in school administration or human resources;

(c) At least one member must have 5 years or more of experience in overseeing the academic programs and curriculum for a public school; and

(d) At least one member must have 5 years or more of experience in the collection and analysis of data.

Ê The provisions of this subsection do not require the appointment of four persons if one, two or three such persons satisfy the qualifications.

5. A charter school that wishes to participate in the Program of Empowerment Schools shall comply with the provisions of NRS 388G.010 to 388G.220, inclusive. If a charter school is approved as an empowerment school, the charter school does not forfeit its status as a charter school.

(Added to NRS by 2007, 3279; A 2009, 2326, 2327; 2011, 879; 2013, 1926, 3806)—(Substituted in revision for NRS 386.730)

NRS 388G.110 Duties of school empowerment team. An empowerment team for a school shall:

1. Select, from among its members, a Chair and a Vice Chair.

2. Assist the principal in the development of the empowerment plan for the school.

3. Assist in the development of the proposed budget for the school and provide ongoing advice to the principal concerning the expenditure of money apportioned to the school.

4. Provide continued oversight of the school and assist in the management decisions for the school.

(Added to NRS by 2007, 3280; A 2011, 879)—(Substituted in revision for NRS 386.735)

School Empowerment Plans

NRS 388G.120 Requirements of school empowerment plan; request for waiver from certain statutes and regulations; budget for empowerment school and discretion over certain percentage of money.

1. Each empowerment plan for a school must:

(a) Set forth the manner by which the school will be governed;

(b) Set forth the proposed budget for the school, including, without limitation, the cost of carrying out the empowerment plan, and the manner by which the money apportioned to the school will be administered;

(c) Prescribe the academic plan for the school, including, without limitation, the manner by which courses of study will be provided to the pupils enrolled in the school and any special programs that will be offered for pupils;

(d) Prescribe the manner by which the achievement of pupils will be measured and reported for the school, including, without limitation, the results of the pupils on the examinations administered pursuant to NRS 390.105 and, if applicable for the grade levels of the empowerment school, the college and career readiness assessment administered pursuant to NRS 390.610;

(e) Prescribe the manner by which teachers and other licensed educational personnel will be selected and hired for the school, which must be determined and negotiated pursuant to chapter 288 of NRS;

(f) Prescribe the manner by which all other staff for the school will be selected and hired, which must be determined and negotiated pursuant to chapter 288 of NRS;

(g) Indicate whether the empowerment plan will offer an incentive pay structure for staff and a description of that pay structure, if applicable;

(h) Indicate the intended ratio of pupils to teachers at the school, designated by grade level, which must comply with NRS 388.700 or 388.720, as applicable;

(i) Provide a description of the professional development that will be offered to the teachers and other licensed educational personnel employed at the school;

(j) Prescribe the manner by which the empowerment plan will increase the involvement of parents and legal guardians of pupils enrolled in the school;

(k) Comply with the plan to improve the achievement of the pupils enrolled in the school prepared pursuant to NRS 385A.650;

(l) Address the specific educational needs and concerns of the pupils who are enrolled in the school; and

(m) Set forth the calendar and schedule for the school.

2. If the empowerment plan includes an incentive pay structure, that pay structure must:

(a) Provide an incentive for all staff employed at the school;

(b) Set forth the standards that must be achieved by the pupils enrolled in the school and any other measurable objectives that must be met to be eligible for incentive pay; and

(c) Be in addition to the salary or hourly rate of pay negotiated pursuant to chapter 288 of NRS that is otherwise payable to the employee.

3. An empowerment plan may:

(a) Request a waiver from a statute contained in this title or a regulation of the State Board or the Department.

(b) Identify the services of the school district which the school wishes to receive, including, without limitation, professional development, transportation, food services and discretionary services. Upon approval of the empowerment plan, the school district may deduct from the total apportionment to the empowerment school the costs of such services.

4. For purposes of determining the budget pursuant to paragraph (b) of subsection 1, if a public school which converts to an empowerment school is a:

(a) Charter school, the amount of the budget is the amount equal to the apportionments and allowances from the State Education Fund pursuant to NRS 387.121 to 387.12468, inclusive, and its proportionate share of any other money available from federal, state or local sources that the school or the pupils enrolled in the school are eligible to receive.

(b) Public school, other than a charter school, the empowerment team for the school shall have discretion of 90 percent of the amount of money from the state financial aid and local funds that the school district apportions for the school, without regard to any line-item specifications or specific uses determined advisable by the school district, unless the empowerment team determines that a lesser amount is necessary to carry out the empowerment plan.

(Added to NRS by 2007, 3280; A 2009, 2328, 2330; 2011, 879; 2013, 1927, 3264, 3806; 2017, 3243; 2019, 4233)

1. Except as otherwise provided in subsection 10, the empowerment team of a public school, other than a charter school that is sponsored by the State Public Charter School Authority, by a college or university within the Nevada System of Higher Education or by a city or county, that develops an empowerment plan pursuant to NRS 388G.120 shall submit the proposed empowerment plan to the designee of the board of trustees appointed pursuant to this subsection for review and approval pursuant to this section. The board of trustees shall designate a person to review each proposed empowerment plan and recommend the approval or denial of the plan to the board of trustees.

2. The board of trustees shall approve or deny the empowerment plan. The approval or denial of an empowerment plan must be based solely upon the contents of the plan and may not consider the amount of money required to carry out the empowerment plan if the plan is within the limits of the total apportionment to the school pursuant to subsection 4 of NRS 388G.120.

3. Except as otherwise provided in subsection 10, if the board of trustees approves an empowerment plan, the president of the board of trustees, the principal of the public school and the chair of the empowerment team, if the principal is not the chair, shall each sign the plan. The empowerment plan is effective for 3 years unless the empowerment team determines that the school will no longer operate under the plan or the board of trustees of the school district revokes the plan.

4. Except as otherwise provided in subsection 10, if the board of trustees denies an empowerment plan, the board of trustees shall:

(a) Return the plan to the empowerment team with a written statement indicating the reason for the denial; and

(b) Provide the empowerment team with a reasonable opportunity to correct any deficiencies identified in the written statement and resubmit it for approval. An empowerment plan may be resubmitted not more than once in a school year.

5. Except as otherwise provided in subsection 10, an empowerment plan for a public school is not effective and a public school shall not operate as an empowerment school unless the plan is signed by the president of the board of trustees of the school district, the principal of the public school and the chair of the empowerment team, if the principal is not the chair. If an empowerment plan includes a request for a waiver from a statute contained in this title or a regulation of the State Board or the Department, a public school may operate under the approved plan but the requested waivers from state law are not effective unless approved by the State Board pursuant to subsection 7.

6. Except as otherwise provided in subsection 10, the empowerment team may submit a written request to the board of trustees for an amendment to the empowerment plan approved pursuant to this section, including an explanation of the reason for the amendment. An amendment must be approved in the same manner as the empowerment plan was approved.

7. If the empowerment plan includes a request for a waiver from a statute or regulation, the board of trustees shall forward the approved empowerment plan to the State Board for review of the request for a waiver. The State Board shall review the empowerment plan and may approve or deny the request for a waiver from a statute or regulation unless the statute or regulation is required by federal law or is required to carry out federal law.

8. If the State Board approves the request for a waiver for a school, the Department shall provide written notice of the approval to the board of trustees of the school district that submitted the empowerment plan on behalf of the school.

9. If the State Board denies a request for a waiver, the State Board shall:

(a) Return the request to the school district with a written statement indicating the reason for the denial; and

(b) Except as otherwise provided in subsection 10, provide the empowerment team with a reasonable opportunity to correct any deficiencies identified in the written statement and resubmit it for approval. A request for a waiver may be resubmitted by the school district, after the empowerment team corrects any deficiencies, not more than once in a school year.

10. If an empowerment team has not been established pursuant to the exception provided in subsection 2 of NRS 388G.100, the principal of the school shall carry out the responsibilities and duties assigned to the empowerment team pursuant to this section.

(Added to NRS by 2007, 3281; A 2011, 879; 2023, 2188)

1. Except as otherwise provided in subsection 7, the empowerment team of a charter school that is sponsored by the State Public Charter School Authority, by a college or university within the Nevada System of Higher Education or by a city or county which develops an empowerment plan pursuant to NRS 388G.120 shall submit the proposed plan to the Department for transmission to the State Board for review and approval pursuant to this section.

2. The State Board shall review each proposed empowerment plan and approve or deny the plan, including a request for a waiver from a statute contained in this title or a regulation of the State Board or the Department, if applicable. The approval or denial of an empowerment plan must be based solely upon the contents of the plan and may not consider the amount of money required to carry out the empowerment plan if the plan is within the limits of the total apportionment to the charter school pursuant to subsection 4 of NRS 388G.120.

3. Except as otherwise provided in subsection 7, if the State Board approves an empowerment plan, the President of the State Board, the principal of the charter school and the chair of the empowerment team, if the principal is not the chair, shall each sign the plan. The empowerment plan is effective for 3 years unless the empowerment team determines that the school will no longer operate under the plan or the State Board revokes the plan.

4. Except as otherwise provided in subsection 7, if the State Board denies an empowerment plan, the State Board shall:

(a) Return the plan to the empowerment team with a written statement indicating the reason for the denial; and

5. Except as otherwise provided in subsection 7, an empowerment plan for a charter school that is sponsored by the State Public Charter School Authority, by a college or university within the Nevada System of Higher Education or by a city or county is not effective and a charter school shall not operate as an empowerment school unless the plan is signed by the President of the State Board, the principal of the charter school and the chair of the empowerment team, if the principal is not the chair.

6. Except as otherwise provided in subsection 7, the empowerment team may submit a written request to the Department for an amendment to the empowerment plan approved pursuant to this section, including an explanation of the reason for the amendment. An amendment must be approved in the same manner as the empowerment plan was approved.

7. If an empowerment team has not been established pursuant to the exception provided in subsection 2 of NRS 388G.100, the principal of the school shall carry out the responsibilities and duties assigned to the empowerment team pursuant to this section.

(Added to NRS by 2007, 3283; A 2011, 879; 2023, 2189)

Miscellaneous Provisions

NRS 388G.200 Quarterly report by empowerment school; annual financial audit required; compilation of reports and audits.

1. Each empowerment school, other than a charter school that is sponsored by the State Public Charter School Authority, by a college or university within the Nevada System of Higher Education or by a city or county, shall, on a quarterly basis, submit to the board of trustees of the school district in which the school is located a report that includes:

(a) The financial status of the school; and

(b) A description of the school’s compliance with each component of the empowerment plan for the school.

2. Each charter school that is sponsored by the State Public Charter School Authority, by a college or university within the Nevada System of Higher Education or by a city or county which is approved to operate as an empowerment school shall, on a quarterly basis, submit to the Department a report that includes:

(a) The financial status of the school; and

(b) A description of the school’s compliance with each component of the empowerment plan for the school.

3. The board of trustees of a school district shall conduct a financial audit of each empowerment school within the school district, other than a charter school that is sponsored by the State Public Charter School Authority, by a college or university within the Nevada System of Higher Education or by a city or county. Each financial audit must be conducted on an annual basis and more frequently if determined necessary by the board of trustees.

4. The Department shall conduct a financial audit of each charter school that is sponsored by the State Public Charter School Authority, by a college or university within the Nevada System of Higher Education or by a city or county which operates as an empowerment school on an annual basis and more frequently if determined necessary by the Department.

5. On or before July 1 of each year, the board of trustees of each school district shall compile the reports and audits required pursuant to subsections 1 and 3, if any, and forward the compilation to the:

(a) Governor;

(b) Department; and

6. On or before July 1 of each year, the Department shall compile the reports and audits required pursuant to subsections 2 and 4, if any, and forward the compilation to the:

(a) Governor; and

(b) Joint Interim Standing Committee on Education.

(Added to NRS by 2007, 3284; A 2011, 879; 2023, 2190)

NRS 388G.210 Compliance with state law; exception if waiver granted; acceptance of gifts and grants by empowerment school.

1. Except as otherwise provided pursuant to a waiver granted in accordance with NRS 388G.130 or 388G.140, each empowerment school, each person employed by an empowerment school and each pupil enrolled in an empowerment school shall comply with the applicable requirements of state law, including, without limitation, the standards of content and performance prescribed pursuant to NRS 389.520 and the examinations that are administered pursuant to NRS 390.105 and the college and career readiness assessment administered pursuant to NRS 390.610.

2. Each empowerment school may accept gifts, grants and donations from any source for the support of its empowerment plan. A person who gives a gift, grant or donation may designate all or part of the gift, grant or donation specifically to carry out the incentive pay structure of the school, if applicable.

(Added to NRS by 2007, 3284; A 2011, 879; 2013, 3265; 2017, 3245)—(Substituted in revision for NRS 386.765)

NRS 388G.220 Regulations. The State Board may adopt regulations to carry out the provisions of NRS 388G.010 to 388G.220, inclusive.

(Added to NRS by 2007, 3284; A 2011, 879)—(Substituted in revision for NRS 386.780)

PROGRAMS OF SCHOOL-BASED DECISION MAKING

NRS 388G.300 Authority of board of trustees to prescribe rules relating to creation and administration of program. The board of trustees of a school district may prescribe rules relating to the creation and administration of a program of school-based decision making for the public schools within the district. The rules must provide:

1. For the creation of a school council;

2. For the involvement of parents and other members of the community on and with the school council;

3. The requirements for recordkeeping by the school council;

4. The procedure for appealing a decision of the school council;

5. The procedure for a school to obtain a waiver of the requirements of regulations of the board of trustees or the State Board;

6. A method for determining the progress of a pupil in a program of school-based decision making;

7. A method for reporting the progress of a pupil to the pupil, the pupil’s parents or guardians, the board of trustees and the State Board;

8. Plans for improving the schools within the district;

9. A method for allocating money to schools that have adopted a program of school-based decision making and for the administration of the budget of the school district; and

10. The procedure which a school council or board of trustees may use to withdraw from a program of school-based decision making.

(Added to NRS by 1993, 2886; A 1995, 862; 1997, 2357)—(Substituted in revision for NRS 386.4154)

NRS 388G.310 Authority of board of trustees to waive requirements of regulations for public school adopting program. The board of trustees of a school district may waive the requirements of regulations of the board of trustees and the State Board for a public school within the district that adopts a program of school-based decision making. The board of trustees may not waive statutory requirements.

(Added to NRS by 1993, 2887; A 1995, 862; 1997, 2357)—(Substituted in revision for NRS 386.4156)

NRS 388G.320 Authority of State Board of Education to waive required course of study for school council created pursuant to program. The State Board may waive a course of study otherwise required by statute upon application of the board of trustees of a school district on behalf of a school council created pursuant to a program of school-based decision making.

(Added to NRS by 1993, 2887; A 1995, 862; 1997, 2357)—(Substituted in revision for NRS 386.4158)

TURNAROUND SCHOOLS

1. If the Department designates a school as a turnaround school pursuant to this section:

(a) The board of trustees of the school district in which the school is located may review the performance of the principal at the school to determine whether to retain or replace the principal. If the board of trustees decides to replace the principal, the board of trustees must:

(1) Immediately commence the process of selecting a new principal for the school to make a selection with the approval of the Department so that the new principal may begin before the start of the next school year; and

(2) Reassign the replaced principal to another public school within the school district.

(b) The principal of the school may:

(1) Review the performance of each employee of the school to determine whether to retain the employee based on the needs of the school. The board of trustees of the school district in which the school is located shall reassign any employee who is not retained pursuant to this subparagraph to another public school within the school district; and

(2) Make all determinations for the school concerning hiring and the school’s curriculum, schedule and instructional design.

(c) The board of trustees of the school district in which the school is located shall create financial and other incentives to be offered to teachers, administrators and paraprofessionals who work in classrooms or provide tutoring to pupils at the school that are intended to motivate such persons to apply for positions with the school and continue employment with the school. Such incentives may include, without limitation:

(1) Salary increases and bonuses;

(2) Flexible schedules that allow teachers to pursue other assignments or education;

(3) Opportunities to receive training and to participate in programs for professional development; and

(4) Opportunities for promotion and career development.

2. If a teacher of a school is reassigned to another public school within the school district pursuant to subparagraph (1) of paragraph (b) of subsection 1, the board of trustees of the school district shall ensure that the teacher receives assistance to help the teacher meet the standards for effective teaching, which may include, without limitation, peer assistance and review, participation in programs of professional development and other appropriate training.

3. If a determination made by the principal of a school pursuant to paragraph (b) of subsection 1 will:

(a) Increase the cost of operating the school, the principal must seek to obtain any available grant from the Department and request any necessary additional amount of money from the board of trustees of the school district.

(b) Decrease the cost of operating the school, the board of trustees of the school district must not reduce the amount of money allocated to the school as a result of the savings.

4. The State Board shall, in consultation with the board of trustees of each school district, establish, by regulation, the criteria for designating an underperforming school as a turnaround school for the purposes of this section. Such criteria must use current data from multiple sources.

(Added to NRS by 2015, 3823)

ORGANIZATION OF LARGE SCHOOL DISTRICTS

General Provisions

NRS 388G.500 Legislative findings and declaration.

1. The Legislature hereby finds that in large school districts:

(a) Because of their significantly larger enrollment of pupils, greater number of local school precincts and more expansive and extensive scope of operations, large school districts are prone to develop large, complex and potentially inefficient, cumbersome and unresponsive bureaucracies that tend to become too dependent upon a centralized operational model where most decision-making is made by central services.

(b) Under such a centralized operational model in large school districts, the operational structure and culture may result in an entrenched and inflexible operational paradigm where decisions are made by central services without regular, consistent or adequate examination, exploration and consideration of the particularized, specialized or localized circumstances, needs and concerns of each local school precinct.

(c) When more decision-making is transferred from central services in large school districts to the site-based administrators, teachers and other staff and the parents and legal guardians of pupils in each local school precinct, the State’s system of public schools is better structured to educate efficiently, effectively and successfully the diverse and varied populations of pupils within large school districts because a site-based operational model encourages decision-making that is more innovative, proactive and responsive to the particularized, specialized or localized circumstances, needs and concerns of each local school precinct.

(d) To promote, achieve and advance the educational policies and objectives of transitioning and restructuring large school districts from a centralized operational model to a more decentralized and autonomous site-based operational model, it is necessary and essential to transfer and redirect more funding from the control of central services to the control of the site-based administrators, teachers and other staff and the parents and legal guardians of pupils in each local school precinct and ensure that more funding follows pupils with increased or specialized needs or abilities to each local school precinct.

2. The Legislature hereby declares that it is in the best interests of this State, beneficial to the public’s welfare and necessary and essential to the efficient, effective and successful operation of the State’s system of public schools to implement and carry out the provisions of NRS 388G.500 to 388G.810, inclusive, in large school districts for the purposes of promoting, achieving and advancing the educational policies and objectives of this State.

(Added to NRS by 2017, 41)

NRS 388G.510 Definitions. As used in NRS 388G.500 to 388G.810, inclusive, unless the context otherwise requires, the words and terms defined in NRS 388G.515 to 388G.560, inclusive, have the meanings ascribed to them in those sections.

(Added to NRS by 2017, 42)

NRS 388G.515 “Board of trustees” defined. “Board of trustees” means the board of trustees of a large school district.

(Added to NRS by 2017, 42)

NRS 388G.520 “Central services” defined. “Central services” means the administrative staff of a large school district who provide services to the local school precincts in the large school district.

(Added to NRS by 2017, 42)

NRS 388G.525 “Confidential information” defined. “Confidential information” means:

1. Personal information, including, without limitation, the home address, employment records, academic records and disciplinary records of a pupil or any other person; and

2. Any other information declared by law to be confidential.

(Added to NRS by 2017, 42)

NRS 388G.530 “Large school district” defined. “Large school district” means any school district in this State which has more than 100,000 pupils enrolled in its public schools.

(Added to NRS by 2017, 42)

NRS 388G.535 “Local school precinct” defined. “Local school precinct” means a public school which is deemed to be a local school precinct pursuant to NRS 388G.600.

(Added to NRS by 2017, 42)

NRS 388G.540 “Organizational team” defined. “Organizational team” means the organizational team established by the principal of a local school precinct pursuant to NRS 388G.700.

(Added to NRS by 2017, 42)

NRS 388G.545 “Plan of operation” defined. “Plan of operation” means the plan of operation for a local school precinct which is approved pursuant to NRS 388G.710.

(Added to NRS by 2017, 42)

NRS 388G.550 “School associate superintendent” defined. “School associate superintendent” means a person assigned by the superintendent to oversee the operation of designated local school precincts pursuant to NRS 388G.620.

(Added to NRS by 2017, 42)

NRS 388G.555 “Specialty school” defined. “Specialty school” means a public school that operates as a magnet school or program, a school or program for career and technical education, a school or program for special education or an alternative program of education.

(Added to NRS by 2017, 42)

NRS 388G.560 “Superintendent” defined. “Superintendent” means the superintendent of schools of a large school district.

(Added to NRS by 2017, 42)

NRS 388G.570 Applicability.

1. Except as otherwise provided in this section, the provisions of NRS 388G.500 to 388G.810, inclusive, apply to each large school district.

2. If any school district that is not a large school district at the beginning of a school year becomes a large school district during the school year, the provisions of NRS 388G.500 to 388G.810, inclusive, apply to that school district at the beginning of the immediately succeeding school year.

(Added to NRS by 2017, 42)

NRS 388G.580 Superintendent of Public Instruction to ensure reorganization of large school district; cooperation of large school districts required.

1. The Superintendent of Public Instruction shall take such actions as deemed necessary and appropriate to ensure that each large school district carries out the reorganization of the school district in accordance with NRS 388G.500 to 388G.810, inclusive, and any regulations adopted pursuant thereto.

2. Each large school district shall cooperate with the Superintendent of Public Instruction in carrying out the provisions of NRS 388G.500 to 388G.810, inclusive, including, without limitation, by providing any financial or other information requested, including any information requested to ensure that the intent of the provisions of NRS 388G.500 to 388G.810, inclusive, is carried out.

3. Information that may be requested pursuant to subsection 2 and which each large school district must provide upon request to the Superintendent of Public Instruction includes, without limitation:

(a) Budgets for personnel, excluding any personally identifiable information and names, made available by local school precinct and job function;

(b) Expenditures made by the large school district, including, without limitation, expenditures for programs, support, transportation, police, legal services, food services, internal services, settlements and risk management payments;

(c) The amount paid for general administrative services, including, without limitation, the salaries of administrators, staff of central services and school administrators, the salaries of the members of the board of trustees of the large school district and support services for the board of trustees, and other amounts paid for central services and school administration; and

(d) Detailed information regarding other budgetary items of the large school district, including, without limitation, identification of all sources of money available to the large school district, expenditures of money for buildings, capital projects, federally funded projects and state funded projects and any other expenditures of money.

4. Each large school district shall provide any information requested pursuant to subsection 2 as soon as possible and in the format requested by the Superintendent of Public Instruction. If the large school district is unable to provide the information in the format requested, the information must be provided in another easily interpreted format that is approved by the Superintendent of Public Instruction.

(Added to NRS by 2017, 55)

NRS 388G.590 Regulations. The State Board shall adopt such regulations as it deems necessary and appropriate to carry out the provisions of NRS 388G.500 to 388G.810, inclusive.

(Added to NRS by 2017, 55)

Formation of Local School Precincts

NRS 388G.600 Certain public schools deemed local school precincts; operation using site-based decision-making; limitation on reducing size or converting specialty schools.

1. Except as otherwise provided in this subsection, each public school within a large school district shall be deemed a local school precinct, including, without limitation, any school operating as a specialty school. A charter school or university school for profoundly gifted pupils shall not be deemed a local school precinct.

2. Each local school precinct must operate using site-based decision-making in which certain authority to carry out responsibilities is transferred from the large school district to the local school precinct as set forth in NRS 388G.610.

3. On and after May 8, 2017, a specialty school must not be reduced in size or converted into any other type of school unless otherwise specifically provided by law or:

(a) The reduction or conversion is recommended by the local school precinct and approved by the superintendent and the board of trustees of the large school district; or

(b) The superintendent with the approval of the board of trustees of the large school district, determines that there is good cause to reduce the size of the specialty school or convert the specialty school into another type of school.

4. This section does not authorize a local school precinct:

(a) To change, grant a waiver regarding or in any way affect any zone of attendance which has been established pursuant to NRS 388.040.

(b) To change the policy of the large school district concerning the eligibility and selection of a pupil to attend a specialty school.

(Added to NRS by 2017, 42)

1. Except as otherwise provided in this section, the superintendent shall transfer authority to each local school precinct to carry out responsibilities in accordance with this section and the plan of operation approved for the local school precinct.

2. The superintendent shall transfer to each local school precinct the authority to carry out the following responsibilities:

(a) Select for the local school precinct the:

(1) Teachers;

(2) Administrators other than the principal; and

(3) Other staff who work under the direct supervision of the principal.

(b) Direct the supervision of the staff of the local school precinct, including, without limitation, taking any necessary disciplinary action which does not involve a violation of law or which does not require an investigation to comply with the law.

(c) Procure such equipment, services and supplies as the local school precinct deems necessary or advisable to carry out the plan of operation for the local school precinct. Equipment, services and supplies may be procured from the large school district in which the local school precinct is located or elsewhere, but such procurement must be carried out in accordance with the applicable policies of the large school district.

(d) Develop a balanced budget for the local school precinct for the use of the money allocated to the local school precinct, which must include, without limitation, the manner in which to expend any money not used for the purposes described in paragraphs (a), (b) and (c).

(e) Any other responsibility for which authority is transferred pursuant to subsection 7.

3. Except as otherwise provided in subsection 7, a large school district shall remain responsible for paying for and carrying out all other responsibilities necessary for the operation of the local school precincts and the large school district which have not been transferred to the local school precincts pursuant to subsection 2, including, without limitation, responsibility for:

(a) Negotiating the salaries, benefits and other conditions of employment of administrators, teachers and other staff necessary for the operation of the local school precinct;

(b) Transportation services;

(d) Risk management services;

(e) Financial services, including payroll services;

(f) Qualifying employees for any position within the large school district;

(g) Services to promote and ensure equity and diversity;

(h) Services to ensure compliance with all laws relating to civil rights;

(i) Identification, evaluation, program placement, pupil assignment and other services provided to pupils pursuant to the Individuals with Disabilities Education Act, 20 U.S.C. §§ 1400 et seq., and the regulations adopted pursuant thereto, or pursuant to section 504 of the Rehabilitation Act of 1973, 29 U.S.C. § 794, and the regulations adopted pursuant thereto;

(j) Legal services;

(k) Maintenance and repair of buildings;

(l) Maintenance of the grounds of the local school precinct;

(m) Custodial services;

(n) Implementation of the master plan developed for English learners;

(o) Internal audits;

(p) Information technology services;

(q) Police services;

(r) Emergency management services;

(s) Carrying out state mandated assessments and accountability reports;

(t) Capital projects; and

(u) Utilities.

4. To the greatest extent possible, the principal of a local school precinct shall select teachers who are licensed and in good standing before selecting substitutes to teach at the local school precinct. The principal, in consultation with the organizational team, shall make every effort to ensure that effective licensed teachers are employed at the local school precinct.

5. If a large school district is unable to provide any necessary maintenance or repair of the buildings or grounds of a local school precinct in a timely manner, the large school district must, at the expense of the large school district, procure any equipment, services and supplies necessary from another entity or business to provide such maintenance or repair for the local school precinct or take any other necessary action.

6. To the extent that any member of the staff of central services is assigned to provide services at a local school precinct on a temporary or permanent basis, the decision regarding the assignment and any subsequent reassignment of the member of the staff must be made in consultation with the principal of the local school precinct and the school associate superintendent.

7. On or before January 15 of each year, the superintendent shall determine, in consultation with the principals, school associate superintendents and organizational teams of each local school precinct, any additional authority that is not listed in subsection 2 to recommend transferring to one or more local school precincts. Such authority may include the authority to carry out any of the responsibilities listed in subsection 3 which is not prohibited by law, other than the responsibility for capital projects, if it is determined that transferring the authority will serve the best interests of the pupils. The recommendation to transfer authority to one or more local school precincts must be submitted for approval by the board of trustees of the large school district. The board of trustees of the large school district shall consider such a recommendation and determine whether to approve the transfer of additional authority at its next regularly scheduled meeting if submitted within 5 working days before the next regularly scheduled meeting and otherwise the recommendation shall be considered at the following meeting.

8. If the authority to carry out any responsibility is transferred to a local school precinct pursuant to subsection 7, the large school district must allocate additional money to the local school precinct in an amount equal to the amount that would otherwise be paid by the large school district to carry out the responsibility.

(Added to NRS by 2017, 43; A 2019, 3600)

2. The superintendent shall transfer to each local school precinct the authority to carry out the following responsibilities:

(a) Select for the local school precinct the:

(1) Teachers;

(2) Administrators other than the principal; and

(3) Other staff who work under the direct supervision of the principal.

(e) Any other responsibility for which authority is transferred pursuant to subsection 7.

(a) Negotiating the salaries, benefits and other conditions of employment of administrators, teachers and other staff necessary for the operation of the local school precinct;

(b) Transportation services;

(d) Risk management services;

(e) Financial services, including payroll services;

(f) Qualifying employees for any position within the large school district;

(g) Services to promote and ensure equity and diversity;

(h) Services to ensure compliance with all laws relating to civil rights;

(j) Legal services;

(k) Maintenance and repair of buildings;

(l) Maintenance of the grounds of the local school precinct;

(m) Custodial services;

(n) Implementation of the master plan developed for English learners;

(o) Internal audits;

(p) Information technology services;

(q) Police services;

(r) Emergency management services;

(s) Carrying out state mandated assessments and accountability reports;

(t) Capital projects; and

(u) Utilities.

4. The principal of a local school precinct shall select for the local school precinct the staff described in paragraph (a) of subsection 2 in accordance with the applicable collective bargaining agreements. To the greatest extent possible, the principal of a local school precinct shall select teachers who are licensed and in good standing before selecting substitutes to teach at the local school precinct. The principal, in consultation with the organizational team, shall make every effort to ensure that effective licensed teachers are employed at the local school precinct.

(Added to NRS by 2017, 43; A 2019, 3600; 2023, 1825, effective July 1, 2024)

NRS 388G.620 Assignment of school associate superintendents to oversee local school precincts; manner of filling vacancy; employment decisions concerning school associate superintendent.

1. The superintendent shall assign a school associate superintendent to oversee one or more local school precincts.

2. Whenever a vacancy occurs in the position of school associate superintendent, the superintendent shall post notice of the vacancy. The superintendent shall interview qualified candidates for the vacant position. At least one, but not more than two representatives of the principals of the local school precincts overseen by the vacant position must be allowed to participate in interviewing candidates for the vacant position. If the local governmental agency which has the most schools that are overseen by the vacant position is:

(a) A city, the governing body of the city may appoint one representative to participate in interviewing candidates for the vacant position.

(b) Not a city, the board of county commissioners for the county in which the large school district is located may appoint one representative to participate in interviewing candidates for the vacant position.

3. Each person who participates in interviewing candidates pursuant to subsection 2 shall comply with all laws that apply to an employer when making a decision about employment.

4. Upon completion of the interviews pursuant to subsection 2 and before the superintendent makes a final determination about which candidate to hire, the superintendent must notify the governing body of the city or the board of county commissioners for the county, as applicable, regarding the candidate whom the superintendent intends to hire. After receiving such notice, the governing body of the city or the board of county commissioners, as applicable, may hold a public meeting within 10 days to question the superintendent and the candidate for the vacant position and receive public input. After any such meeting or, if no such meeting is held, after 10 days, the superintendent shall, in his or her sole discretion, hire a candidate for the vacant position.

5. After the school associate superintendent is hired, the superintendent may, in his or her sole discretion, reassign and make other employment decisions concerning the school associate superintendent.

(Added to NRS by 2017, 48; A 2019, 3602)

NRS 388G.630 Duties of school associate superintendent; accountability for performance of local school precincts.

1. A school associate superintendent shall, with respect to each local school precinct to which he or she is assigned to oversee:

(a) Provide training to and supervise the principal of the local school precinct;

(b) Review and approve the plan of operation for the local school precinct and assist the principal of the local school precinct in making any necessary revisions to the plan;

(c) Ensure that each local school precinct to which he or she is assigned to oversee remains in compliance with all applicable federal, state and local laws;

(d) Provide a report in person, not less than quarterly, to the governing body of each city and county within which a local school precinct to which he or she is assigned to oversee is located and, if created pursuant to NRS 388G.760, to the Community Education Advisory Board; and

(e) Carry out any other duties assigned by the superintendent at his or her discretion or after approval by the superintendent of a request made by the local school precinct.

2. The school associate superintendent must be held accountable for all aspects of the performance of each local school precinct to which he or she is assigned to oversee. As used in this subsection, “performance” means the overall operation of each such local school precinct as measured by:

(a) The satisfaction of the parents and legal guardians of pupils and the teachers, administrators and other staff of the local school precinct as determined by the surveys administered pursuant to NRS 388G.800; and

(b) The progress made by the local school precinct to satisfy the goals and objectives set forth in the statewide system of accountability for public schools.

(Added to NRS by 2017, 48)

Financial Determinations and Considerations for Local School Precincts

1. On or before January 15 of each year, to assist the local school precincts in preparing their budgets for the next school year, the superintendent shall establish and make public:

(a) The average unit cost for each type of employee employed to work at a local school precinct which is determined based upon the average unit cost across the large school district. A separate average unit cost must be established for teachers and substitute teachers, respectively.

(b) A list of equipment, services and supplies that a local school precinct may obtain from the large school district using the money allocated to the local school precinct and the cost for such equipment, services and supplies. The cost of such equipment, services and supplies must not exceed the actual cost to the large school district to provide the equipment, services and supplies to the local school precinct.

2. Each local school precinct must carry forward its year-end balance to the next school year for use by the local school precinct. The large school district must account for any such amount that is carried forward as a restricted fund balance.

(Added to NRS by 2017, 45)

1. On or before January 15 of each year, to assist the local school precincts in preparing their budgets for the next school year, the superintendent shall establish and make public:

2. Except as otherwise provided in subsections 3 and 4, each local school precinct must carry forward its year-end balance to the next school year for use by the local school precinct. The large school district must account for any such amount that is carried forward as a restricted fund balance.

3. If the year-end balance carried forward pursuant to subsection 2 in any school year exceeds 5 percent of the actual expenditures of the local school precinct during the immediately preceding school year, the local school precinct shall spend the entire amount of money by which the year-end balance carried forward pursuant to subsection 2 exceeds 5 percent of the actual expenditures of the local school precinct during the immediately preceding school year for one or more of the following purposes, in order of priority:

(a) Tutoring or other supplemental academic achievement programs within the local school precinct;

(b) Programs to support social and emotional learning within the local school precinct;

(d) Tutoring or other supplemental academic achievement programs within the large school district;

(e) Extracurricular programming for pupils within the large school district; and

(f) Any other instructional training, program or activity designed and intended to improve the achievement of pupils enrolled in the local school precinct.

4. If a local school precinct fails to spend the entire amount of money by which the year-end balance carried forward pursuant to subsection 2 exceeds 5 percent of the actual expenditures of the local school precinct during the immediately preceding school year within 24 months after the end of the school year from which the year-end balance is carried forward, the large school district shall transfer the amount of money by which the balance carried forward exceeded 5 percent of the actual expenditures of the local school precinct during the immediately preceding school year, less any amount spent by the local school precinct pursuant to subsection 3, to the Education Stabilization Account created by NRS 387.1213. The local school precinct shall reduce any balance carried forward by any amount transferred to the Education Stabilization Account pursuant to this subsection.

5. A large school district shall not require a local school precinct to use either the money expended pursuant to subsection 3 or 4, or the programs and activities supported by such money, to supplant any duty, responsibility or funding owed by the large school district to any local school precinct.

(Added to NRS by 2017, 45; A 2023, 1827, effective July 1, 2024)

1. On or before January 15 of each year, the superintendent shall establish for the next school year:

(a) The estimated total amount of money to be received by the large school district from all sources, including any year-end balance that is carried forward, and shall identify the sources of such a year-end balance and whether the year-end balance is restricted. If the year-end balance is restricted, the superintendent shall identify the source of the restriction and the total of amount of money to be received by the large school district that is unrestricted. Money may only be identified as restricted if it is required by state or federal law, if it is proscribed by the Department or if it has been otherwise encumbered.

(b) The estimated percentage of the amount of money determined pursuant to paragraph (a) to be unrestricted that will be allocated to the local school precincts. The percentage must equal:

(1) For the first school year in which the large school district operates pursuant to the provisions of NRS 388G.500 to 388G.810, inclusive, not less than 80 percent of the total amount of money from all sources received by the large school district that is unrestricted for the school year; and

(2) For each subsequent school year, 85 percent of the total amount of money from all sources received by the large school district that is unrestricted for the school year.

(c) The estimated amount of categorical funding to be received by the large school district and whether such funding is restricted in a manner that prohibits the large school district from including that categorical funding in the amount of funding per pupil that is allocated to the local school precincts.

(d) The total estimated amount of money that will be allocated to each local school precinct as determined pursuant to NRS 388G.680.

2. The superintendent shall post the information established pursuant to subsection 1 on the Internet website of the large school district and make the information available to any person upon request.

(Added to NRS by 2017, 45)

NRS 388G.670 Allocation per pupil to local school precincts; establishment of weights for categories of pupils; amount provided to specialty or rural schools; variance from weights.

1. The amount of money allocated to a local school precinct by the large school district must be determined on a per pupil basis by assigning a category to each pupil and assigning weights to each category in a manner that provides a greater amount of funding for each pupil who belongs to certain designated categories. Except as otherwise provided in subsections 2 and 3, the categories for which a greater weight must be assigned must include, without limitation:

(a) Pupils who are eligible for free or reduced-price lunches pursuant to 42 U.S.C. §§ 1751 et seq. or a similar alternative measure prescribed by the State Board of Education;

(b) Pupils who are English learners;

(d) Gifted and talented pupils.

2. Except as otherwise provided in subsection 3, to establish the weight for each category of pupil as required pursuant to subsection 1, the large school district shall apply the same weights and distribution of weights established by the Department for the state funding formula. If the large school district wishes to apply a different weight to any category or a different distribution of weights, the large school district must submit a request for a variance to use a different weight or distribution of weights to the Department for approval.

3. Except if a specialty school is proportionally reduced in size in the manner authorized pursuant to NRS 388G.600, the weights and categories assigned pursuant to this section must ensure that any specialty school or rural school that exists on May 8, 2017, or before the school district becomes a large school district continues to receive not less than the proportionally larger amount of money that was used to fund the specialty school or rural school before those dates.

4. Upon receipt of a request for a variance pursuant to subsection 2, the Department shall review the proposed weights, distribution of weights or request for a variance and inform the large school district whether it approves the proposed weights, distribution of weights or request within 30 days. Once approved, the weights assigned for each category of pupil and the distribution of weights must be posted on the Internet website of the large school district and made available to any person upon request.

5. As used in this section, “distribution of weights” means the manner in which it is determined which weight or weights to apply to a pupil who may qualify for more than one category for which a weight is assigned.

(Added to NRS by 2017, 46)

1. On or before January 15 of each year, the superintendent shall inform each local school precinct of the estimated amount of money that will be allocated to the local school precinct for the next school year. The allocation must be based upon estimates by the large school district of the number of pupils in each category who will attend the local school precinct after applying the appropriate weight to each category of pupil as determined pursuant to NRS 388G.670.

2. If an additional local school precinct is added in the large school district, for the purpose of determining the first allocation for the new local school precinct, the large school district must estimate the number of pupils in each category who will attend the new local school precinct and the effect on any existing local school precinct. If the opening of a new local school precinct is anticipated to reduce the number of pupils who will attend another local school precinct, for purposes of determining the allocation, the number of pupils must be adjusted accordingly.

3. The estimated amount of money allocated to each local school precinct for the next school year must be adjusted on or before November 1 of each year to reflect the actual number of pupils in each category who attend the local school precinct.

(Added to NRS by 2017, 47; A 2019, 792, 3603)

NRS 388G.690 Annual determinations concerning actual expenditures for and teacher vacancies at each local school precinct for preceding school year.

1. On or before November 1 of the year after the first year that a large school district operates pursuant to the provisions of NRS 388G.500 to 388G.810, inclusive, and on or before November 1 of each year thereafter, the superintendent shall determine for the immediately preceding school year:

(a) The total per pupil allocation made to each local school precinct in the large school district and the actual amount expended by the large school district for the local school precinct;

(b) The amount budgeted by each local school precinct for teacher salaries and benefits and the actual amount expended by the large school district for teacher salaries and benefits for teachers employed at each local school precinct;

(c) The number of teacher vacancies at each local school precinct and the amount of money included in the allocation to that local school precinct which the local school precinct used for other purposes as a result of those vacancies; and

(d) The amount budgeted by each local school precinct for each type of employee other than teachers and the actual amount expended by the large school district for salaries and benefits of such employees at each local school precinct.

2. The superintendent shall post the information determined pursuant to subsection 1 on the Internet website of the large school district and make the information available to any person upon request.

(Added to NRS by 2017, 47)

Management and Operation of Local School Precincts

NRS 388G.700 Establishment of organizational team for local school precinct; plan of operation for local school precinct. [Effective through June 30, 2024.]

1. The principal of a local school precinct shall:

(a) Establish an organizational team for the local school precinct consisting of the members described in NRS 388G.720 on or before October 1 of each school year;

(b) Develop the proposed plan of operation for the local school precinct for the next school year with the assistance and advice of the organizational team; and

(c) Submit the proposed plan of operation for the local school precinct to the school associate superintendent for approval.

2. The principal of the local school precinct shall select staff for the local school precinct as necessary to carry out the plan of operation from a list provided by the superintendent.

3. The plan of operation for the local school precinct must include, without limitation:

(a) A plan to improve the achievement of pupils enrolled in the local school precinct, regardless of whether such a plan is required to be prepared pursuant to NRS 385A.650; and

(b) A budget which itemizes the manner in which the local school precinct will use the money allocated to the local school precinct.

4. The budget included in the plan of operation for the local school precinct pursuant to subsection 3 must be based upon the average unit cost for each type of employee of the local school precinct established pursuant to paragraph (a) of subsection 1 of NRS 388G.650, the actual cost for the procurement of equipment, services and supplies for the local school precinct and the actual cost of any other item included in the budget of the local school precinct. The budget must be developed in accordance with the criteria for determining budgetary priorities established by the board of trustees of the large school district pursuant to NRS 387.301.

(Added to NRS by 2017, 49)

NRS 388G.700 Establishment of organizational team for local school precinct; plan of operation for local school precinct. [Effective July 1, 2024.]

1. The principal of a local school precinct shall:

(a) Establish an organizational team for the local school precinct consisting of the members described in NRS 388G.720 on or before October 1 of each school year;

(b) Develop the proposed plan of operation for the local school precinct for the next school year with the assistance and advice of the organizational team;

(c) Before any vote on a proposed plan of operation for the local school precinct, make every effort to notify the members of the organizational team for the local school precinct of the date, time and location of the scheduled vote;

(d) If the proposed plan of operation for the local school precinct is approved by a vote of at least 75 percent of the members of the organizational team for the local school precinct who are present at the time of the vote, submit the proposed plan of operation to the school associate superintendent for approval; and

(e) If the proposed plan of operation for the local precinct is not approved by a vote of at least 75 percent of the members of the organizational team who are present at the time of the vote, notify the school associate superintendent in accordance with NRS 388G.750.

2. In accordance with the applicable collective bargaining agreement, the principal of the local school precinct shall select staff for the local school precinct as necessary to carry out the plan of operation from a list provided by the superintendent.

3. The plan of operation for the local school precinct must include, without limitation:

(a) A plan to improve the achievement of pupils enrolled in the local school precinct, regardless of whether such a plan is required to be prepared pursuant to NRS 385A.650; and

(b) A budget which itemizes the manner in which the local school precinct will use the money allocated to the local school precinct.

(Added to NRS by 2017, 49; A 2023, 1829, effective July 1, 2024)

1. Before approving a plan of operation for a local school precinct, the principal of the local school precinct shall present the plan at a public meeting held in accordance with subsection 2 at the local school precinct to which the plan of operation applies.

2. The principal shall post notice of the meeting not less than 3 working days before the date on which the meeting will be held. Members of the public must be allowed to attend any portion of the meeting, except any portion of the meeting during which confidential information is discussed, and each meeting must include a period for public comment. A meeting held pursuant to this subsection is not subject to the provisions of chapter 241 of NRS.

3. When the plan of operation for the local school precinct is finalized by the principal, the principal must submit the plan to the school associate superintendent for approval. After receipt of the plan of operation, the school associate superintendent must approve or deny the plan of operation within 10 days. The plan of operation must be approved unless any provision of the plan violates any federal or state law or policy of the large school district.

4. If the school associate superintendent:

(a) Approves the plan of operation for a local school precinct, the school associate superintendent must notify the principal of the local school precinct and cause the plan of operation to be posted on the Internet website of the large school district and on the Internet website of the local school precinct and make the plan of operation available to any person upon request.

(b) Does not approve the plan of operation for a local school precinct, the school associate superintendent must notify the principal of the local school precinct of the reasons for not approving the plan and post those reasons on the Internet website of the large school district and on the Internet website of the local school precinct and make the plan of operation available to any person upon request. The school associate superintendent must assist the principal as necessary to revise the plan of operation.

5. Any adjustment to the budget that the principal of the local school precinct determines is necessary after the plan of operation has been approved may be made upon consultation with the organizational team and approval of the school associate superintendent.

(Added to NRS by 2017, 49)

1. Before the organizational team conducts a vote on approving a plan of operation for the local school precinct, the principal of the local school precinct shall present the plan at a public meeting held in accordance with subsection 2 at the local school precinct to which the plan of operation applies.

3. Before any vote on a proposed plan of operation for the local school precinct, the principal of the local school precinct must make every effort to notify the members of the organizational team for the local school precinct of the date, time and location of the scheduled vote.

4. The principal shall not finalize the plan of operation for the local school precinct unless the plan of operation has been approved by at least 75 percent of the members of the organizational team who are present at the time of the vote. If the plan of operation for the local school precinct is finalized by the principal, the principal must submit the plan to the school associate superintendent for approval. After receipt of the plan of operation pursuant to this subsection, the school associate superintendent must approve or deny the plan of operation within 10 days. The plan of operation must be approved unless any provision of the plan violates any federal or state law or policy of the large school district.

5. If the school associate superintendent:

6. Any adjustment to the budget that the principal of the local school precinct determines is necessary after the plan of operation has been approved pursuant to this section or NRS 388G.750 may be made upon consultation with the organizational team and approval of the school associate superintendent.

(Added to NRS by 2017, 49; A 2023, 1829, effective July 1, 2024)

NRS 388G.720 Organizational team: Composition; election of certain members; immunity from liability for civil damages. [Effective through June 30, 2024.]

1. The organizational team for a local school precinct must consist of:

(a) The principal of the local school precinct who shall serve as a nonvoting member.

(b) At least two but not more than four members, as determined by the principal, who are teachers or other licensed educational personnel at the local school precinct who are elected by a vote of the teachers and other licensed educational personnel at the local school precinct and at least one-half of whom are members of the association representing teachers and other licensed educational personnel. The association shall establish the process for nominating and electing the members pursuant to this paragraph, which must allow all teachers and other licensed educational personnel an opportunity to participate and be elected regardless of whether the teachers or other licensed educational personnel are members of the association.

(c) One member who is employed at the local school precinct, other than a teacher or other licensed educational personnel, who is elected by a vote of all such employees, other than teachers or other licensed educational personnel, except that if four members are elected pursuant to paragraph (b), then two members who are elected by a vote of all such employees and who are members of an organization that represents those employees. The organization that represents those employees shall establish the process for nominating and electing the members pursuant to this paragraph, which must allow any eligible employee an opportunity to vote regardless of whether the employee is a member of the organization.

(d) A number of parents or legal guardians of pupils who are enrolled at the local school precinct which represents 50 percent of the total number of voting members if possible, or, if fewer are available to accept membership, then the greatest number of parents or legal guardians available. The parents or legal guardians must be elected by a vote of all parents and legal guardians of pupils enrolled at the local school precinct. A parent or legal guardian who is a teacher or other licensed educational personnel or employee of the local school precinct may not be elected to serve as a member pursuant to this paragraph, but may be elected to serve as a member of the organizational team pursuant to paragraph (b) or (c), as applicable. The association of parents for the school, if there is one, must establish the process for nominating and electing these members pursuant to this paragraph. If no such association exists, the principal of the local school precinct must inform all parents and legal guardians of the opportunity to serve on the organizational team and provide the parents and guardians with information about the responsibilities associated with serving as a member of the organizational team, the manner in which to submit a name to be included on a ballot, the date on which a vote will be taken and any other relevant information. The principal must post such information on the Internet website of the local school precinct and provide the information to the superintendent who shall post the information on the Internet website of the large school district. The information must also be made available to any person upon request.

2. If one or more specialty schools exist within a local school precinct, at least one member selected pursuant to paragraphs (b) and (d) of subsection 1 must represent each specialty school on the organizational team.

3. In addition to the members described in subsection 1, if the local school precinct is a middle school, junior high school or high school, the organizational team must have one nonvoting member who is a pupil enrolled at the local school precinct who is elected by a vote of all of the pupils enrolled at the local school precinct. Any pupil who attends the local school precinct may request to be placed on the ballot to be elected to serve as a member of the organizational team pursuant to this subsection. A teacher or administrator of the local school precinct may nominate a pupil but the pupil may only be placed on the ballot if the pupil agrees to have his or her name placed on the ballot. The principal of the local school precinct shall cause a vote to be taken of the entire student body at the local school precinct through secret ballot to elect the pupil member. A member elected pursuant to this subsection may only provide assistance and advice regarding the plan of operation for the local school precinct.

4. The organizational team may select one or more nonvoting advisory members from the community at large to assist the organizational team and provide input from the community. Such members must not be the parent or legal guardian of a pupil who attends the local school precinct and must not otherwise be qualified to serve as a voting member of the organizational team.

5. The principal of a local school precinct shall assist as necessary with establishing the process for nominating and electing the members described in subsection 1 and shall ensure that each member who is elected pursuant to paragraph (d) of subsection 1 is informed that the member is not an employee of the local school precinct or the large school district and of any potential liability for serving as a member of the organizational team.

6. A person who receives the highest number of votes must be appointed to the organizational team regardless of the total number of votes cast for the position.

7. Except as otherwise provided in this subsection, an organizational team and its members who are not employees of the large school district are immune from liability for civil damages as a result of an act or omission in performing any of the duties of the organizational team as set forth in NRS 388G.700 to 388G.750, inclusive. This subsection does not restrict the liability of a local school precinct or the large school district for an act or omission of an organizational team or its members in performing the duties described in NRS 388G.700 to 388G.750, inclusive.

(Added to NRS by 2017, 50)

NRS 388G.720 Organizational team: Composition; election of certain members; immunity from liability for civil damages. [Effective July 1, 2024.]

1. The organizational team for a local school precinct must consist of:

(a) The principal of the local school precinct who shall serve as a voting member.

6. A person who receives the highest number of votes must be appointed to the organizational team regardless of the total number of votes cast for the position.

(Added to NRS by 2017, 50; A 2023, 1830, effective July 1, 2024)

NRS 388G.730 Organizational team: Chair; quorum; meetings; terms of members; vacancies; members serve without compensation.

1. Upon the establishment of an organizational team pursuant to NRS 388G.700, the principal of the local school precinct shall schedule the first meeting of the team and act as the chair of the team until a chair is selected. The first item of business for the organizational team must be to select a chair and vice chair from among its members.

2. A majority of the voting members of the organizational team constitutes a quorum for purposes of voting. A majority vote of the quorum is required to take action with respect to any matter.

3. Notice of a meeting of the organizational team must be posted not less than 3 working days before the date on which the meeting will be held. Members of the public must be allowed to attend any portion of the meeting, except any portion of the meeting during which confidential information is discussed, and each meeting must include a period for public comment. A meeting held pursuant to this subsection is not subject to the provisions of chapter 241 of NRS.

4. Each member of the organizational team serves until October 1 of the year following his or her election and may serve additional terms.

5. The organizational team must meet not less than one time each month during the school year.

6. If a vacancy occurs in the membership of the organizational team, a new member must be elected in the same manner as the original selection, and the vacancy must be filled within 30 days.

7. Each member of the organizational team serves without compensation of any kind.

(Added to NRS by 2017, 52)

NRS 388G.740 Duties and authority of organizational team; participation of organizational team in selection of principal. [Effective through June 30, 2024.]

1. An organizational team shall:

(a) Provide assistance and advice to the principal of the local school precinct regarding the development of the plan of operation for the local school precinct;

(b) Provide continued assistance and advice to the principal of the local school precinct in carrying out the plan of operation for the local school precinct; and

(c) Whenever a vacancy occurs in the position of principal for the local school precinct, assist with the selection of the next principal in accordance with the provisions of this section.

2. The organizational team may provide input regarding the principal of the local school precinct to the school associate superintendent not more than two times each school year.

3. Whenever a vacancy occurs in the position of principal for the local school precinct, the organizational team shall establish a list of qualifications that the organizational team determines are desirable for the next principal of the local school precinct and provide the list to the superintendent. The superintendent shall post notice of the vacancy. The superintendent shall interview qualified candidates and establish a list of at least three but not more than five candidates to submit to the organizational team. One member of the organizational team must be allowed to participate in interviewing candidates with the superintendent.

4. From the list of candidates submitted by the superintendent pursuant to subsection 3, the organizational team shall recommend one candidate for the position of principal within 15 school days after receipt of the recommendation. The superintendent, in consultation with the school associate superintendent, must, in his or her sole discretion, determine whether to hire the candidate recommended.

5. Each person who participates in interviewing candidates pursuant to this section shall comply with all laws that apply to an employer when making a decision about employment.

6. After the principal of the local school precinct is hired, the superintendent may, in his or her sole discretion, reassign and make other employment decisions concerning the principal.

(Added to NRS by 2017, 52)

NRS 388G.740 Duties and authority of organizational team; participation of organizational team in selection of principal. [Effective July 1, 2024.]

1. An organizational team shall:

(a) Provide assistance and advice to the principal of the local school precinct regarding the development of the plan of operation for the local school precinct and vote on whether to approve that plan of operation;

(b) Provide continued assistance and advice to the principal of the local school precinct in carrying out the plan of operation for the local school precinct; and

(c) Whenever a vacancy occurs in the position of principal for the local school precinct, assist with the selection of the next principal in accordance with the provisions of this section.

2. The organizational team may provide input regarding the principal of the local school precinct to the school associate superintendent not more than two times each school year.

(a) Employment history of the candidate;

(b) Ability of the candidate to connect and communicate with pupils;

(d) Strategies the candidate would implement to improve the achievement of pupils.

4. The superintendent shall post notice of the vacancy pursuant to subsection 3. The superintendent shall interview qualified candidates and establish a list of at least three but not more than five candidates to submit to the organizational team. One member of the organizational team must be allowed to participate in interviewing candidates with the superintendent.

5. From the list of candidates submitted by the superintendent pursuant to subsection 4, the organizational team shall rank the candidates for the position of principal by preference and submit a list with that ranking within 15 school days after receipt of the recommendation. The superintendent, in consultation with the school associate superintendent, must select a candidate to hire for the position of principal. Before any vote on the selected candidate, the school associate superintendent responsible for the local school precinct must make every effort to notify the members of the organizational team for the local school precinct of the date, time and location of the scheduled vote. The organizational team may reject the selection of the candidate if at least 75 percent of the members of the organizational team who are present at the time of the vote elect to do so. The superintendent must then select a candidate from the remaining members of the list submitted pursuant to subsection 4.

6. Each person who participates in interviewing candidates pursuant to this section shall comply with all laws that apply to an employer when making a decision about employment.

7. After the principal of the local school precinct is hired, the superintendent may, in his or her sole discretion, reassign and make other employment decisions concerning the principal.

(Added to NRS by 2017, 52; A 2023, 1832, effective July 1, 2024)

1. If an organizational team objects to any part of the plan of operation for the local school precinct that is submitted by the principal of the local school precinct for approval pursuant to NRS 388G.700, the organizational team may submit a request to the school associate superintendent to consider revising the plan in accordance with the recommendations of the organizational team.

2. If the school associate superintendent receives a request pursuant to subsection 1, the school associate superintendent must consider the recommendations of the organizational team and provide a written response to the organizational team upon making a final determination about the plan of operation for the local school precinct within 5 working days.

3. If the school associate superintendent:

(a) Agrees with the recommendations of the organizational team, the school associate superintendent must work with the principal of the local school precinct to revise the plan of operation.

(b) Does not agree with the recommendations of the organizational team, the school associate superintendent must inform the organizational team pursuant to subsection 2.

4. If the school associate superintendent does not agree with the recommendations of the organizational team, the organizational team may appeal the decision of the school associate superintendent to the superintendent. The superintendent must consider such an appeal within 5 days after receipt of the appeal. The decision of the superintendent is final and not subject to any further appeal or judicial review.

(Added to NRS by 2017, 53)

NRS 388G.750 Notification to school associate superintendent of failure to approve proposed plan of operation; development of plan of operation by superintendent. [Effective July 1, 2024.]

1. If the proposed plan of operation for the local school precinct is not approved by a vote of at least 75 percent of the members of the organizational team who are present at the time of the vote, the principal of the local school precinct must notify the school associate superintendent that the proposed plan of operation has not been approved. The principal shall include in the notice a copy of the proposed plan of operation and a statement of the reasons that the proposed plan of operation has not been approved by a vote of at least 75 percent of the organizational team who were present at the time of the vote.

2. If the school associate superintendent receives a notice pursuant to subsection 1, the school associate superintendent must submit the notice provided pursuant to subsection 1 to the superintendent and, based on the information included in the notice, the superintendent must develop and approve a plan of operation for the local school precinct. The school associate superintendent must notify the principal of the local school precinct of the development and approval of a plan of operation by the superintendent and cause the plan of operation to be posted on the Internet website of the large school district and on the Internet website of the local school precinct and make the plan of operation available to any person upon request. The development and approval of a plan of operation by the superintendent pursuant to this subsection is final and not subject to any further appeal or judicial review.

(Added to NRS by 2017, 53; A 2023, 1833, effective July 1, 2024)

NRS 388G.760 Creation of community education advisory boards. To facilitate broad community input and to provide advice and assistance to the organizational team of any local school precinct and the board of trustees of the large school district, one or more community education advisory boards may be created by:

1. The governing body of a city in which one or more local school precincts are located.

2. The board of county commissioners of the county in which the large school district is located for any area in the county in which a local school precinct is located and which is not a city.

(Added to NRS by 2017, 53)

Monitoring Effectiveness of Local School Precincts

NRS 388G.800 Survey to be administered annually to certain persons involved with local school precincts and employees of central services; publication of summary of results of surveys.

1. On or before May 1 of each year, the superintendent shall cause a survey to be administered to all persons involved with the local school precincts in the large school district to measure their satisfaction with the local school precincts. A survey must be administered to each:

(a) Employee of each such local school precinct by classification of employee. Such classifications must include, without limitation, principals, vice principals and other administrative staff, teachers, custodians, counselors and school nurses.

(b) Pupil who attends such a local school precinct.

2. On or before May 1 of each year, the superintendent shall cause a survey to be administered to each employee of central services. The surveys must be administered to each employee by classification of employee within each department or other organizational unit of central services to measure the satisfaction of the employees concerning, without limitation, their ability to serve the local school precincts, provide services in a timely manner and provide quality services to the local school precincts. Such a survey must also be administered to each school associate superintendent, principal and teacher to determine their satisfaction with the services provided to the local school precincts by central services.

3. A summary of the results of the surveys administered pursuant to this section must be posted on the Internet website of the large school district before the commencement of the next school year and be made available to any person upon request. Such a summary must identify results by each group of respondents and as overall results.

(Added to NRS by 2017, 54)

NRS 388G.810 Superintendent to prepare report with information from school year before immediately preceding school year; contents of report; report to be forwarded to certain persons.

1. On or before October 1 of each year, the superintendent shall prepare a report with information from the school year before the immediately preceding school year which includes, without limitation:

(a) A summary of the responsibilities for which authority to carry out was transferred to the local school precincts pursuant to NRS 388G.610;

(b) A summary of the results of the surveys administered pursuant to NRS 388G.800;

(c) An assessment of the performance of the local school precincts based upon specific measures of achievement which are established by the superintendent on or before January 1 of the immediately preceding school year;

(d) An assessment of the effectiveness of operating local school precincts and the large school district in the manner set forth in NRS 388G.500 to 388G.810, inclusive; and

(e) Any recommendations for regulations or legislation to improve the operation of the local school precincts and the large school district in the manner set forth in NRS 388G.500 to 388G.810, inclusive.

2. The superintendent shall forward the report prepared pursuant to subsection 1 to the:

(a) Governor;

(b) Superintendent of Public Instruction; and

(Added to NRS by 2017, 54)