NRS: CHAPTER 388A - CHARTER SCHOOLS

[Rev. 6/29/2024 3:54:00 PM--2023]

CHAPTER 388A - CHARTER SCHOOLS

GENERAL PROVISIONS

NRS 388A.010 Definitions.

NRS 388A.015 “Charter contract” defined.

NRS 388A.020 “Charter management organization” defined.

NRS 388A.030 “Educational management organization” defined.

NRS 388A.035 “Executive Director” defined.

NRS 388A.040 “Performance framework” defined.

NRS 388A.045 “Pupil ‘at risk’ ” defined.

NRS 388A.050 “State Public Charter School Authority” defined.

NRS 388A.075 Legislative declaration concerning formation of charter schools.

NRS 388A.080 No authority to convert public school or homeschool to charter school.

NRS 388A.085 Provisions governing formation and operation of charter schools.

NRS 388A.087 Charter school deemed to be political subdivision of State for certain purposes.

NRS 388A.090 Support by or affiliation with religion or religious organization prohibited.

NRS 388A.095 Operation for profit prohibited; incorporation as nonprofit corporation authorized.

NRS 388A.097 Required actions before submitting application for grant which may result in distribution of money to charter school or sponsor of charter school.

NRS 388A.100 Department and school district to maintain and provide certain information concerning charter schools; request for additional information from charter school by Department.

NRS 388A.105 Required regulations of Department.

NRS 388A.110 Authorized regulations of Department.

STATE PUBLIC CHARTER SCHOOL AUTHORITY

General Provisions

NRS 388A.150 Creation; purpose.

NRS 388A.153 Appointment and qualifications of members; terms; vacancies; selection of Chair and Vice Chair; compensation, allowances and travel expenses.

NRS 388A.155 Required training.

NRS 388A.156 Meetings; quorum.

NRS 388A.159 Authority deemed local educational agency for all purposes.

NRS 388A.162 Account for the State Public Charter School Authority: Creation; use of money in Account; acceptance of gifts, grants and bequests; prohibition against accepting gift or donation from charter management organization, committee to form charter school or governing body.

NRS 388A.165 Contracts with persons regarding charter schools.

NRS 388A.167 Plan to manage growth of charter schools.

NRS 388A.168 Regulations.

NRS 388A.171 Review of statutes and regulations; recommendations concerning legislation and changes to regulations; duty to make certain information concerning charter schools available.

Executive Director and Staff

NRS 388A.190 Executive Director: Appointment; unclassified service; eligibility.

NRS 388A.193 Executive Director: Authorization to pursue other employment or hold other office for profit with approval of Authority.

NRS 388A.196 Executive Director: Duties.

NRS 388A.199 Employment and qualifications of staff; periodic evaluations.

SPONSORS OF CHARTER SCHOOLS

NRS 388A.220 Application to sponsor charter schools; preparation of evaluation of academic needs of pupils in geographic area served by sponsor.

NRS 388A.223 Duties and powers of sponsor; development of policies and practices; grounds for revocation of sponsorship; no private right of action against sponsor.

NRS 388A.224 Duty to establish standards and provide training regarding governance of charter schools.

NRS 388A.225 Duty to notify Department and board of trustees of school district in certain circumstances relating to new or existing charter schools.

NRS 388A.226 Duty to provide information and assistance; provision of additional services by district-sponsored charter schools; availability of summer school and Internet-based classes for certain charter school pupils.

NRS 388A.229 Duty to collect, analyze and report data; aggregation and disaggregation of data for purpose of evaluating and reporting pupil achievement and school performance; adoption of policies for determining pupil achievement and school performance; regulations.

NRS 388A.230 Review of sponsor; determination regarding continuation or revocation of authorization to sponsor charter school.

NRS 388A.231 Change of sponsor.

FORMATION OF CHARTER SCHOOL

Applications

NRS 388A.240 Membership of committee to form charter school.

NRS 388A.243 Duties of applicant to ensure application meets certain requirements; charter management organization authorized to request waiver of requirements concerning membership of governing body.

NRS 388A.246 Contents of application.

NRS 388A.247 Information provided to sponsor of charter school by charter management organization, committee to form charter school or charter school is public record; authority to declare certain information confidential.

NRS 388A.249 Submission of application to proposed sponsor; review of application by proposed sponsor; criteria for approval of application; confidentiality of identity of reviewers; biennial report by Superintendent of Public Instruction concerning status of applications.

NRS 388A.252 Review of application received by board of trustees of school district, college or university within Nevada System of Higher Education or city or county; written notice of approval or denial; opportunity to correct deficiencies; written request for sponsorship by State Public Charter School Authority if resubmitted application denied.

NRS 388A.255 Review of application received by State Public Charter School Authority; written notice of approval or denial; opportunity to correct deficiencies; appeal of denial.

NRS 388A.258 Regulations and policies establishing times and procedures for review of applications.

Charter Contracts

NRS 388A.270 Charter contract upon approval of application; notice to Department; determination of sponsor.

NRS 388A.273 Adoption of performance framework and incorporation into charter contract; establishment of annual performance goals; revision upon renewal of charter contract.

NRS 388A.274 Application to be rated using alternative performance framework; sponsor of charter school authorized to require charter school to take certain actions; evaluation of application; proposed sponsor to include certain language in charter contract upon approval.

NRS 388A.275 Charter contract not assignable or transferable; charter contract may not be used as security for loan.

NRS 388A.276 Amendment of charter contract.

NRS 388A.279 Amendment of charter contract: Public hearing; approval of sponsor required; when request required to be denied.

NRS 388A.282 Consolidation of operations of two or more charter schools.

NRS 388A.285 Renewal of charter contract: Performance report by sponsor; application; criteria for review by sponsor; notice to applicant; term of renewal.

TERMINATION OF CHARTER CONTRACTS

NRS 388A.300 Termination of charter contract or restart of charter school by sponsor: Grounds for termination or restart without adherence to procedural standards based upon ratings of charter school as underperforming; submission of written report to Department; regulations governing restart of charter school; exception.

NRS 388A.303 Sponsor authorized to take certain action upon termination of charter contract; sponsor to make certain considerations before selecting governing body to operate additional campus of existing charter school.

NRS 388A.306 Closure of charter school; duties of governing body; written notice; written plan for closure; financial affairs of charter school; appointment, duties and financial compensation of trustee.

GOVERNING BODY OF CHARTER SCHOOL

NRS 388A.320 Membership and qualifications; waiver; disclosure of conflicts of interest; powers; duty to hold public meeting on quarterly basis; authorization to set salary for attendance at meetings.

NRS 388A.323 Fingerprinting of members; removal of member convicted of certain crimes.

RECONSTITUTION OF GOVERNING BODY OF CHARTER SCHOOL

NRS 388A.330 Reconstitution of governing body of charter school or termination of charter contract by sponsor: Grounds; written notice; opportunity to correct deficiencies; public hearing; notice to Department; limitation on reconstitution; continued operation and limited enrollment under certain circumstances.

NRS 388A.333 Appointment of new members; review of employees and hiring of new employees.

NRS 388A.336 Parents of pupils to interview certain governing bodies and cast advisory vote for preferred governing body; priority enrollment for pupils who were enrolled in charter school whose charter contract was terminated.

REPORTS BY GOVERNING BODY AND SPONSOR

NRS 388A.345 Annual reports of budget required; compilation of reports by Superintendent of Public Instruction.

NRS 388A.348 Submission of accountability information to sponsor of charter school.

NRS 388A.351 Annual report by sponsor of charter school.

NRS 388A.3515 Annual submission of report of certain information on charter school by city or county sponsoring such a school.

NRS 388A.352 Annual posting of certain information regarding charter management organizations and educational management organizations by governing body of charter school on Internet website.

NRS 388A.353 Biennial reports of amounts paid to educational management organizations.

NRS 388A.354 Disclosure of information relating to charter management organizations and educational management organizations; reports.

NRS 388A.355 Biennial report of corrective actions taken by sponsor of charter school.

OPERATIONS

General Provisions

NRS 388A.360 Requirements of facility before commencement of operation.

NRS 388A.363 Notification to primary law enforcement agency regarding location of charter school.

NRS 388A.366 Requirement to comply with certain laws; prohibited tuition and fees; days of instruction; administration of examinations; use of public money; indemnification of sponsor; notice of accreditation; adoption of budget; programs of distance education.

NRS 388A.367 Written notice to parent or legal guardian of pupils enrolled in a charter school in certain circumstances; public hearing to discuss plan to correct certain issues and solicit suggestions to improve performance of school.

NRS 388A.369 Interference by school district with operation and management prohibited.

Services and Facilities

NRS 388A.378 Authorization to contract with school district for services and facilities; limitation on amount charged by school district for provision of services; donation of surplus property of school district; authorization to acquire or purchase buildings, structures or property and engage in certain financial transactions.

NRS 388A.381 Authorization to contract with sponsor of charter school for certain services; annual service agreement; sponsor required to provide itemized accounting of cost of services; annual reconciliation of difference; request for independent review by Department.

NRS 388A.384 Contract for provision of school police officers by school district upon request of governing body; contract requirements; immunity from liability of school district that provides school police officers; required training for school police officers.

Miscellaneous Provisions

NRS 388A.393 Prohibited provisions of contracts with contractors or educational management organizations.

NRS 388A.3932 Expedited review of application to become qualified provider of alternative route to licensure program authorized in certain circumstances; request for waiver of certain requirements; review and approval or denial of application to become qualified provider.

NRS 388A.3934 Requirements to request establishment of experimental academic program or new school model in school; limitations on enrollment in such program or model; authority to seek expansion if program or model receives high rating of performance.

NRS 388A.3936 Authorization to award money for transportation of pupils; transportation plan required; criteria for approval of plan.

NRS 388A.3938 Governing body of charter school to enter memorandum of understanding with certain organizations to assist victims of power-based violence.

COMPLAINTS RELATING TO CHARTER SCHOOLS SPONSORED BY THE STATE PUBLIC CHARTER SCHOOL AUTHORITY

NRS 388A.395 Applicability.

NRS 388A.3955 Persons authorized to file written complaint with State Public Charter School Authority alleging certain violations; investigation of allegations.

NRS 388A.396 Certain persons authorized to file complaint with Department or appropriate agency; persons who have evidence of commission of crime required to file complaint with law enforcement agency.

NRS 388A.3965 Persons authorized to file complaint directly with State Public Charter School Authority when person has evidence that charter school engaged in certain behavior; investigation of complaints; written response to complaining party.

NRS 388A.397 Selection of investigator to conduct certain investigations and make determinations or recommendations; petition for order directing charter school to reimburse State Public Charter School Authority for cost of investigation if violation determined to have occurred; authorized actions upon determination of violation of law or breach of terms and conditions of charter contract; order for charter school to suspend operations under certain circumstances.

NRS 388A.3975 Governing body required to develop policy for accepting, investigating and responding to complaints; submission and approval of policy by State Public Charter School Authority.

FINANCES

NRS 388A.405 Eligibility for available money from Department for facilities for charter schools that meet certain conditions; requirements for performance audit; exemption from annual performance audit; quarterly financial report.

NRS 388A.408 Solicitation or acceptance of gifts or money from charter school by member of board of trustees or employee of school district prohibited; exception; penalty.

NRS 388A.411 Count of pupils for apportionment; deposit of money; solicitation and acceptance of donations and grants.

NRS 388A.414 Payment of quarterly sponsorship fee to sponsor; request by charter school for reduction in amount of sponsorship fee.

NRS 388A.417 Distribution of money to charter school in first year of operation; payment of remaining apportionments upon cessation of operation.

NRS 388A.420 Orders for payment of money; limitations.

NRS 388A.423 Bankruptcy: Disposition of property; immunity of State and sponsor from liability.

ACCOUNT FOR CHARTER SCHOOLS

NRS 388A.432 Creation; investment; credit of interest and income; deposit of money; payment of claims; acceptance of gifts and grants.

NRS 388A.435 Authorized uses of money in Account; limitation on amount of loans.

NRS 388A.438 Application for loan; requirements of contract for loan; regulations.

PUPILS

Enrollment

NRS 388A.450 School that is accepting applications, expanding enrollment or opening a new facility to provide notice about enrollment process to households located within certain distance from school; language used in notice; alternative plan to inform households for certain smaller schools; revision of timeline for notice.

NRS 388A.453 Application for admission; determination of enrollment; timeline for lottery; discrimination prohibited; exception for charter school that provides education for certain pupils.

NRS 388A.456 Priority enrollment for certain children; timeline for lottery; school districts required to create, maintain and post list regarding enrollment.

NRS 388A.459 Weighted lottery for enrollment authorized in certain counties to improve diversity; certain counties with high enrollment in charter schools to establish uniform enrollment calendar and process for enrolling pupils.

NRS 388A.462 Prohibition on charter school sponsored by school district enrolling pupils outside district in program of distance education.

Participation in Other Schools

NRS 388A.471 Participation in class or extracurricular activity by pupil enrolled in another school or homeschooled child.

NRS 388A.474 Board of trustees required to allow pupil to participate in class or activity of school district in which pupil resides in certain circumstances; revocation of approval.

NRS 388A.478 Transfer of credit to other public school.

Academics

NRS 388A.487 Adoption of rules for providing intervention services and intensive instruction; annual report concerning intervention services and intensive instruction. [Effective through June 30, 2028.]

NRS 388A.487 Adoption of rules for providing intervention services and intensive instruction and academic retention of pupils; annual report concerning intervention services and intensive instruction and academic retention of pupils. [Effective July 1, 2028.]

NRS 388A.489 Identification of and development of plan for homeless and unaccompanied pupils and pupils in foster care.

NRS 388A.490 Issuance of high school diploma; approval of form for diploma by Department.

Rules of Behavior

NRS 388A.495 Adoption and distribution of rules of behavior and punishments; requirement for suspension or expulsion of pupil to be consistent with such requirements for public schools; procedure for suspension or expulsion of pupils; adoption of rules for truancy.

PERSONNEL

Qualifications and Requirements

NRS 388A.500 Definitions.

NRS 388A.505 “Unsupervised contact” defined.

NRS 388A.510 “Volunteer” defined.

NRS 388A.515 Fingerprinting and investigation into the background of nonlicensed applicants for employment, employees and volunteers; use of certain information; disqualification of certain applicants, employees and volunteers; acceptance of gifts, grants and donations; immunity from liability.

NRS 388A.516 Conditions under which volunteer not required to submit fingerprints.

NRS 388A.518 Employment of teachers with certain qualifications required for certain instruction; qualifications of teachers who teach special education or English as second language.

NRS 388A.521 Qualifications and employment of administrators; limitation on salaries of administrators.

NRS 388A.524 Prohibition against employing person whose license has been suspended or revoked; submission of information concerning licensed employees to Department.

NRS 388A.527 Certain paraprofessionals required to possess qualifications prescribed by State Public Charter School Authority.

Employment with Charter School

NRS 388A.530 Leave of absence from school district to accept employment with charter school.

NRS 388A.533 Employees deemed to be public employees; terms and conditions of employment; transfer of employment records with school district to governing body.

Response to Criminal Cases Involving Unlicensed Teachers and Administrators

NRS 388A.5332 “Arrest” defined.

NRS 388A.5334 Adoption of regulations to establish procedure for notification, tracking and monitoring the status of criminal cases; maintenance of file on employee; fees for tracking and monitoring status of case.

NRS 388A.5336 Adoption of policy by governing body requiring unlicensed employees to report arrests for or convictions of a crime; contents of policy.

NRS 388A.5338 Timely submission of information by charter school.

NRS 388A.5340 Immunity from liability for certain persons involved in making report, conducting investigation or submitting information concerning arrest.

NRS 388A.5342 Termination of employment upon conviction of certain crimes.

Return to Employment at Other Public School

NRS 388A.535 Reassignment of licensed employees within school district upon termination of charter contract or cessation of operation; exceptions.

NRS 388A.538 Governing body required to transmit employment record to school district upon request of board of trustees; investigation into misconduct during leave of absence.

Benefits

NRS 388A.541 Eligibility for benefits of licensed employee on leave of absence; time on leave of absence does not count toward permanent status.

NRS 388A.544 Determination of appropriate level of contribution toward retirement benefits; participation in plan of group insurance.

Miscellaneous Provisions

NRS 388A.547 Charter school required to designate employee authorized to administer auto-injectable epinephrine or opioid antagonist; training for proper storage and administration.

CHARTER SCHOOL FINANCING LAW

General Provisions

NRS 388A.550 Short title.

NRS 388A.555 Definitions.

NRS 388A.560 “Bond” and “revenue bond” defined.

NRS 388A.565 “Cost of the project” defined.

NRS 388A.570 “Director of the Department of Business and Industry” defined.

NRS 388A.575 “Expense of operation and maintenance” defined.

NRS 388A.580 “Finance” and “financing” defined.

NRS 388A.585 “Financing agreement” defined.

NRS 388A.590 “Mortgage” defined.

NRS 388A.595 “Obligor” defined.

NRS 388A.600 “Project” defined.

NRS 388A.605 “Revenues” defined.

NRS 388A.620 Declaration of legislative intent.

NRS 388A.625 Limitation of actions.

NRS 388A.630 Faith of State pledged against repeal, amendment or modification of NRS 388A.550 to 388A.695, inclusive.

NRS 388A.635 Sufficiency of NRS 388A.550 to 388A.695, inclusive; construction.

NRS 388A.640 Regulations.

Prerequisites to Financing Project

NRS 388A.650 Findings of Director of Department of Business and Industry; approval of findings by State Board of Finance.

NRS 388A.655 Additional considerations by Director of Department of Business and Industry and State Board of Finance; regulations of Director of Department of Business and Industry.

NRS 388A.660 Limitation on amount and purpose of financing; establishment of and compliance with guidelines for financing project.

Bonds

NRS 388A.670 Special obligations of State.

NRS 388A.675 Form and terms; sale; employment of financial and legal consultants authorized as incidental expense to project.

NRS 388A.680 Security.

NRS 388A.685 Refunding.

NRS 388A.690 Exemption from taxation; exceptions.

NRS 388A.695 General power of Director of Department of Business and Industry to issue bonds.

CHARTER SCHOOLS FOR DISTANCE EDUCATION

NRS 388A.700 Definitions.

NRS 388A.705 “Charter school for distance education” defined.

NRS 388A.710 “Course of distance education” defined.

NRS 388A.715 “Distance education” defined.

NRS 388A.720 “Program of distance education” defined.

NRS 388A.725 Application to operate; authorization; standard charter contract; contents.

NRS 388A.730 Consideration of information relating to pupil’s progress for purposes of collecting information on attendance, truancy and transiency of pupils.

NRS 388A.735 State Public Charter School Authority deemed local educational agency for schools sponsored by Authority; exception.

NRS 388A.740 Regulations.

_________

GENERAL PROVISIONS

NRS 388A.010 Definitions. As used in this chapter, the words and terms defined in NRS 388A.015 to 388A.050, inclusive, have the meanings ascribed to them in those sections.

(Added to NRS by 2011, 2353; A 2013, 1224, 1596, 2908; 2015, 1126, 1735, 3257, 3798)—(Substituted in revision for NRS 386.490)

NRS 388A.015 “Charter contract” defined. “Charter contract” means the contract executed between the governing body of a charter school and the sponsor of the charter school pursuant to NRS 388A.270.

(Added to NRS by 2013, 2907)—(Substituted in revision for NRS 386.492)

NRS 388A.020 “Charter management organization” defined. “Charter management organization” means:

1. A nonprofit organization that holds a written charter, charter contract or other equivalent agreement to operate more than one charter school in this State or another state; or

2. A nonprofit organization incorporated in this State for the purpose of operating a charter school in cooperation with a charter management organization that holds a written charter, charter contract or other equivalent agreement to operate more than one charter school in another state.

(Added to NRS by 2015, 3253)

NRS 388A.030 “Educational management organization” defined. “Educational management organization” means a for-profit entity that contracts with and is accountable to the governing body of a charter school to provide centralized support or operations, including, without limitation, educational, administrative, management, compliance or instructional services or staff, to the charter school.

(Added to NRS by 2015, 3253; A 2019, 2009, 2065; 2021, 182)

NRS 388A.035 “Executive Director” defined. “Executive Director” means the Executive Director of the State Public Charter School Authority appointed pursuant to NRS 388A.190.

(Added to NRS by 2011, 2353; A 2015, 3257)—(Substituted in revision for NRS 386.495)

NRS 388A.040 “Performance framework” defined. “Performance framework” means the performance framework for a charter school that is required to be incorporated into a charter contract pursuant to NRS 388A.270.

(Added to NRS by 2013, 2907)—(Substituted in revision for NRS 386.499)

NRS 388A.045 “Pupil ‘at risk’ ” defined. A pupil is “at risk” if the pupil has an economic or academic disadvantage such that he or she requires special services and assistance to enable him or her to succeed in educational programs. The term includes, without limitation, pupils who are members of economically disadvantaged families, pupils who are English learners, pupils who are at risk of dropping out of high school and pupils who do not meet minimum standards of academic proficiency. The term does not include a pupil with a disability.

(Added to NRS by 1997, 1843; A 2001, 3125; 2003, 19th Special Session, 44; 2005, 1656, 1662, 2398; 2007, 1256, 2567; 2011, 2358; 2017, 3237)—(Substituted in revision for NRS 386.500)

NRS 388A.050 “State Public Charter School Authority” defined. “State Public Charter School Authority” means the State Public Charter School Authority created by NRS 388A.150.

(Added to NRS by 2011, 2353)—(Substituted in revision for NRS 386.503)

NRS 388A.075 Legislative declaration concerning formation of charter schools. The Legislature declares that by authorizing the formation of charter schools it is not authorizing:

1. The conversion of an existing public school, homeschool or other program of home study to a charter school.

2. A means for providing financial assistance for private schools or programs of home study. The provisions of this subsection do not preclude:

(a) A private school from ceasing to operate as a private school and reopening as a charter school in compliance with the provisions of this chapter.

(b) The payment of money to a charter school for the enrollment of children in classes at the charter school pursuant to subsection 1 of NRS 388A.471 who are enrolled in a public school of a school district or a private school or who are homeschooled.

3. The formation of charter schools on the basis of a single race, religion or ethnicity.

(Added to NRS by 1997, 1843; A 1999, 3291; 2001, 3125; 2007, 1256; A 2015, 1127, 3798; 2019, 2009, 2065)—(Substituted in revision for NRS 386.505)

NRS 388A.080 No authority to convert public school or homeschool to charter school. The provisions of this chapter do not authorize an existing public school, homeschool or other program of home study to convert to a charter school.

(Added to NRS by 2001, 3123; A 2015, 3799; 2019, 2009, 2066)—(Substituted in revision for NRS 386.506)

NRS 388A.085 Provisions governing formation and operation of charter schools. The provisions of this chapter and any other statute or regulation applicable to a charter school or its officers or employees govern the formation and operation of charter schools in this State.

(Added to NRS by 2005, 1662; A 2013, 2927; 2015, 1127)—(Substituted in revision for NRS 386.551)

NRS 388A.087 Charter school deemed to be political subdivision of State for certain purposes.

1. A charter school is deemed to be a political subdivision of this State for the purposes of 43 U.S.C. §§ 869 et seq. and any law of this State relating to purchasing or leasing public land.

2. Any property acquired by a charter school as a result of subsection 1 may only be transferred to this State or a political subdivision of this State.

3. If a charter school which has acquired property as a result of subsection 1 relocates, closes or otherwise ceases operations, the ownership of all such property must be transferred to this State or a political subdivision of this State.

(Added to NRS by 2017, 3381)

NRS 388A.090 Support by or affiliation with religion or religious organization prohibited. A charter school shall not be supported by or otherwise affiliated with any religion or religious organization or institution.

(Added to NRS by 1997, 1850)—(Substituted in revision for NRS 386.555)

NRS 388A.095 Operation for profit prohibited; incorporation as nonprofit corporation authorized. A charter school:

1. Shall not operate for profit.

2. May be incorporated as a nonprofit corporation pursuant to the provisions of chapter 82 of NRS.

(Added to NRS by 2001, 3123; A 2013, 1598)—(Substituted in revision for NRS 386.553)

NRS 388A.097 Required actions before submitting application for grant which may result in distribution of money to charter school or sponsor of charter school. Before submitting an application for any grant which may result in the distribution of money to a charter school or the sponsor of a charter school, the Department shall:

1. Consider the definitions and measures of school performance specified in the grant and make any necessary adjustments to the information submitted by the Department to conform to the definitions and measures of school performance specified in the grant;

2. Separately determine the academic performance for each campus of the charter school and the charter school as a whole; and

3. If the State Board has approved an application by a charter school to be rated using the alternative performance framework prescribed by the State Board pursuant to NRS 385A.730, apply the alternative performance framework to evaluate the performance of the charter school.

(Added to NRS by 2017, 3382)

NRS 388A.100 Department and school district to maintain and provide certain information concerning charter schools; request for additional information from charter school by Department.

1. The Department and the board of trustees of a school district shall:

(a) Upon request, provide information to the general public concerning the formation and operation of charter schools; and

(b) Maintain a list available for public inspection that describes the location of each charter school.

2. If the Department prescribes a process for charter schools to report certain information, the Department may request the identified information regardless if that information is required to be submitted by charter schools pursuant to a specific statute. Upon such a request, a charter school shall provide the information if the Department includes a detailed description of the requested information and the mechanism by which the Department will pay or reimburse the charter school for the requested information, if the provision of the information will incur any costs for the charter school.

(Added to NRS by 1997, 1856; A 1999, 3297; 2005, 2402; 2007, 2573; 2011, 3052; 2013, 1668; 2015, 3288)—(Substituted in revision for part of NRS 386.545)

NRS 388A.105 Required regulations of Department. The Department shall adopt regulations that prescribe:

1. The process for submission of an application pursuant to NRS 388A.220 by the board of trustees of a school district, a college or university within the Nevada System of Higher Education or a city or county to the Department for authorization to sponsor charter schools, the contents of the application, the process for the Department to review the application and the timeline for review;

2. The process for submission of an application to form a charter school to the board of trustees of a school district, a college or university within the Nevada System of Higher Education and a city or county, and the contents of the application;

3. The process for submission of an application to renew a charter contract to the board of trustees of a school district, a college or university within the Nevada System of Higher Education and a city or county, and the contents of the application;

4. The criteria and type of investigation that must be applied by the board of trustees of a school district, a college or university within the Nevada System of Higher Education and a city or county in determining whether to approve an application to form a charter school, an application to renew a charter contract or a request for an amendment of a charter contract;

5. The process for submission of an amendment of a charter contract to the board of trustees of a school district, a college or university within the Nevada System of Higher Education and a city or county pursuant to NRS 388A.276 and the contents of the application; and

6. In consultation with the State Public Charter School Authority, other sponsors of charter schools, governing bodies of charter schools and persons who may be affected:

(a) Requirements for the annual independent audits of charter schools, including, without limitation, required training for prospective auditors on the expectations and scope of the audits; and

(b) Ethics requirements for the governing bodies of charter schools.

(Added to NRS by 1997, 1856; A 2001, 3131; 2007, 2573; 2011, 2365, 3051; 2013, 1667, 2926; 2015, 3286, 3287; 2019, 2066; 2023, 2179)

NRS 388A.110 Authorized regulations of Department. The Department may adopt regulations as it determines are necessary to carry out the provisions of this chapter, including, without limitation, regulations that prescribe the:

1. Procedures for accounting and budgeting;

2. Requirements for performance audits and financial audits of charter schools on an annual basis for charter schools that do not satisfy the requirements of subsection 1 of NRS 388A.405;

3. Requirements for performance audits every 3 years and financial audits on an annual basis for charter schools that satisfy the requirements of subsection 1 of NRS 388A.405; and

4. Qualifications, in addition to those prescribed pursuant to NRS 388A.240, of a charter management organization or committee to form a charter school that is authorized to file an application to form a charter school.

(Added to NRS by 1997, 1856; A 2001, 3131; 2007, 2573; 2011, 2365, 3051; 2013, 1667, 2926; 2015, 3286, 3287)—(Substituted in revision for part of NRS 386.540)

STATE PUBLIC CHARTER SCHOOL AUTHORITY

General Provisions

NRS 388A.150 Creation; purpose.

1. The State Public Charter School Authority is hereby created. The purpose of the State Public Charter School Authority is to:

(a) Authorize charter schools of high-quality throughout this State with the goal of expanding the opportunities for pupils in this State, including, without limitation, pupils who are at risk.

(b) Provide oversight to the charter schools that it sponsors to ensure that those charter schools maintain high educational and operational standards, preserve autonomy and safeguard the interests of pupils and the community.

(c) Serve as a model of the best practices in sponsoring charter schools and foster a climate in this State in which all high-quality charter schools, regardless of sponsor, can flourish.

2. The provisions of this section shall not be construed to create a duty for the State Public Charter School Authority to provide any assistance, support or services to a charter school other than to carry out its purpose as described in subsection 1.

(Added to NRS by 2011, 2353; A 2017, 3382)—(Substituted in revision for NRS 386.509)

NRS 388A.153 Appointment and qualifications of members; terms; vacancies; selection of Chair and Vice Chair; compensation, allowances and travel expenses.

1. The State Public Charter School Authority consists of nine members. The membership of the State Public Charter School Authority consists of:

(a) Two members appointed by the Governor in accordance with subsection 2;

(b) Two members, who must not be Legislators, appointed by the Majority Leader of the Senate in accordance with subsection 2;

(d) Two members appointed by the State Board of Education; and

(e) One member appointed by the Charter School Association of Nevada or its successor organization.

2. The Governor, the Majority Leader of the Senate, the Speaker of the Assembly and the State Board of Education shall ensure that the membership of the State Public Charter School Authority:

(a) Includes persons with a demonstrated understanding of charter schools and a commitment to using charter schools as a way to strengthen public education in this State;

(b) Includes a parent or legal guardian of a pupil enrolled in a charter school in this State;

(1) Issues relating to elementary and secondary education;

(2) School finance or accounting, or both;

(3) Management practices;

(4) Assessments required in elementary and secondary education;

(5) Educational technology; and

(6) The laws and regulations applicable to charter schools;

(d) Insofar as practicable, reflects the ethnic and geographical diversity of this State; and

(e) Insofar as practicable, consists of persons who are experts on best practices for authorizing charter schools and developing and operating high-quality charter schools and charter management organizations.

3. Each member of the State Public Charter School Authority must be a resident of this State.

4. Except as otherwise provided in subsection 5, a member of the State Public Charter School Authority must not be actively engaged in business with or hold a direct pecuniary interest relating to charter schools, including, without limitation, serving as a vendor, contractor, employee, officer, director or member of the governing body of a charter school, educational management organization or charter management organization.

5. Not more than two members of the State Public Charter School Authority may be teachers or administrators who are employed by a charter school or charter management organization in this State. For a teacher or administrator employed by a charter school or charter management organization to be eligible to serve as a member of the State Public Charter School Authority, the charter school or charter management organization which employs the teacher or administrator must not have ever received an annual rating established as one of the three lowest ratings of performance pursuant to the statewide system of accountability for public schools.

6. After the initial terms, the term of each member of the State Public Charter School Authority is 3 years, commencing on July 1 of the year in which he or she is appointed. A vacancy in the membership of the State Public Charter School Authority must be filled for the remainder of the unexpired term in the same manner as the original appointment. A member shall continue to serve on the State Public Charter School Authority until his or her successor is appointed.

7. The members of the State Public Charter School Authority shall select a Chair and Vice Chair from among its members. After the initial selection of those officers, each of those officers holds the position for a term of 2 years commencing on July 1 of each odd-numbered year. If a vacancy occurs in the Chair or Vice Chair, the vacancy must be filled in the same manner as the original selection for the remainder of the unexpired term.

8. Each member of the State Public Charter School Authority is entitled to receive:

(a) For each day or portion of a day during which he or she attends a meeting of the State Public Charter School Authority a salary of not more than $80, as fixed by the State Public Charter School Authority; and

(b) For each day or portion of a day during which he or she attends a meeting of the State Public Charter School Authority or is otherwise engaged in the business of the State Public Charter School Authority the per diem allowance and travel expenses provided for state officers and employees generally.

(Added to NRS by 2011, 2354; A 2015, 3257; 2017, 3383; 2019, 2067)—(Substituted in revision for NRS 386.5095)

NRS 388A.155 Required training. Each member of the State Public Charter School Authority must complete training:

1. At the time the member is appointed to the State Public Charter School Authority, on the responsibilities of the member and any framework used by the State Public Charter School Authority in performing its duties; and

2. Each year, on the evaluation of applications to form charter schools and the governance of charter schools.

(Added to NRS by 2021, 2224)

NRS 388A.156 Meetings; quorum.

1. The members of the State Public Charter School Authority shall meet throughout the year at the times and places specified by a call of the Chair or a majority of the members.

2. Five members of the State Public Charter School Authority constitute a quorum, and a quorum may exercise all the power and authority conferred on the State Public Charter School Authority.

(Added to NRS by 2011, 2355; A 2019, 2068)—(Substituted in revision for NRS 386.5105)

NRS 388A.159 Authority deemed local educational agency for all purposes.

1. The State Public Charter School Authority is hereby deemed a local educational agency for all purposes, including, without limitation:

(a) The provision of a free and appropriate public education to each pupil enrolled in a charter school sponsored by the State Public Charter School Authority;

(b) The provision of special education and related services provided by a charter school sponsored by the State Public Charter School Authority; and

(c) Directing the proportionate share of any money available from federal and state categorical grant programs to charter schools which are sponsored by the State Public Charter School Authority, a college or university within the Nevada System of Higher Education or a city or county that are eligible to receive such money.

2. A college or university within the Nevada System of Higher Education or a city or county that sponsors a charter school shall enter into an agreement with the State Public Charter School Authority for the provision of any necessary functions of a local educational agency. A charter school that receives money pursuant to such a grant program shall comply with any applicable reporting requirements to receive the grant.

3. As used in this section, “local educational agency” has the meaning ascribed to it in 20 U.S.C. § 7801(30)(A).

(Added to NRS by 2011, 2356; A 2015, 3260, 3703; 2017, 3237, 3384; 2019, 2068; 2023, 2179)

1. The Account for the State Public Charter School Authority is hereby created in the State General Fund, to be administered by the Executive Director.

2. The interest and income earned on the money in the Account must be credited to the Account.

3. The money in the Account may be used only for the establishment and maintenance of the State Public Charter School Authority.

4. Any money remaining in the Account at the end of a fiscal year does not revert to the State General Fund, and the balance in the Account must be carried forward to the next fiscal year.

5. Except as otherwise provided in this subsection, the Executive Director and the State Public Charter School Authority may accept gifts, grants and bequests to carry out the provisions of this chapter. The Executive Director and the State Public Charter School Authority shall not accept any gift or donation from a charter management organization, a committee to form a charter school or the governing body of a charter school. Any money from gifts, grants and bequests must be deposited in the Account and may be expended in accordance with the terms and conditions of the gift, grant or bequest, or in accordance with this section.

(Added to NRS by 2011, 2355; A 2015, 3261)—(Substituted in revision for NRS 386.5135)

NRS 388A.165 Contracts with persons regarding charter schools.

1. The State Public Charter School Authority may enter into a contract with any qualified person to:

(a) Foster the development of high-quality charter management organizations, educational management organizations and other persons to operate charter schools in this State;

(b) Solicit applications to form charter schools from high-quality applicants;

(c) Provide training concerning the governance and management of charter schools to governing bodies of charter schools and applicants to form charter schools; or

(d) Provide professional development and support services to the administration and other employees of charter schools.

2. The State Public Charter School Authority may provide compensation pursuant to a contract entered into pursuant to subsection 1 using any money raised by the State Public Charter School Authority from private donors for that purpose or any money received from fees paid to the State Public Charter School Authority.

(Added to NRS by 1997, 1846; A 1999, 3295; 2001, 3127; 2005, 1098, 2399, 2537; 2007, 2569; 2011, 2361, 3047; 2013, 1665, 2913; 2015, 3271, 3799)—(Substituted in revision for part of NRS 386.525)

NRS 388A.167 Plan to manage growth of charter schools.

1. The State Public Charter School Authority shall establish a plan to manage the growth of charter schools in this State. The plan must set forth the status of existing charter schools and a 5-year projection of anticipated growth in the number of charter schools.

2. To develop the plan pursuant to subsection 1, the Authority shall determine the projected number of:

(a) New charter schools that the Authority will approve;

(b) Additional campuses of charter schools that the Authority will approve;

(c) Charter schools that will expand the grade levels offered at the charter schools or will otherwise increase enrollment of pupils at the charter schools; and

(d) Charter schools whose charter contracts will expire and the likelihood that the charter contracts will be renewed.

3. In addition to the information described in subsection 2, to develop the plan pursuant to subsection 1, the Authority shall consider:

(a) Information relating to pupils included in the statewide system of accountability for public schools, including, without limitation, information relating to specific groups and subgroups of pupils;

(b) Information relating to the academic needs of pupils in the various geographic areas of the State; and

(c) Any other information the Authority deems necessary to determine whether increasing the number of charter schools or expanding the campuses of existing charter schools will best serve the pupils of this State.

4. The Authority, the Department and each board of trustees of a school district in this State shall collaborate in developing the plan pursuant to subsection 1.

5. The Authority shall review the plan at least biennially and revise the plan as necessary.

(Added to NRS by 2019, 2300)

NRS 388A.168 Regulations. The State Public Charter School Authority shall adopt regulations that prescribe:

1. The process for submission to the State Public Charter School Authority of an application to form a charter school, and the contents of such an application;

2. The process for submission to the State Public Charter School Authority of an application to renew a charter contract, and the contents of such an application;

3. The process for submission to the State Public Charter School Authority of an amendment to a charter contract pursuant to NRS 388A.276 and the contents of the application;

4. The procedure for the investigation that the State Public Charter School Authority will conduct of an application to form a charter school, an application to renew a charter contract or an application to request an amendment of a charter contract, and the criteria that the State Public Charter School Authority will use to evaluate such applications;

5. The process for evaluating the overall performance of a teacher, which must include, without limitation, the criteria for determining whether the overall performance of a teacher is ineffective, developing, effective or highly effective; and

6. The qualifications for employment as a paraprofessional by a charter school.

(Added to NRS by 1997, 1856; A 2001, 3131; 2007, 2573; 2011, 2365, 3051; 2013, 1667, 2926; 2015, 3286, 3287; 2017, 3238)

NRS 388A.171 Review of statutes and regulations; recommendations concerning legislation and changes to regulations; duty to make certain information concerning charter schools available. The State Public Charter School Authority shall:

1. Before March 1 of each even-numbered year:

(a) In consultation with the Department and each board of trustees of a school district, college or university within the Nevada System of Higher Education and city or county that sponsors a charter school, review all statutes and regulations from which charter schools are not exempt and determine whether such statutes and regulations assisted or impeded the charter schools in achieving their academic, fiscal and organizational goals and objectives;

(b) Make recommendations to the Joint Interim Standing Committee on Education concerning any legislation that would assist charter schools in achieving their academic, fiscal and organizational goals; and

(c) Make recommendations to the State Board and the Department concerning any changes to regulations that would assist charter schools in achieving their academic, fiscal and organizational goals.

2. Make available information concerning the formation and operation of charter schools in this State and the academic, fiscal and organizational performance of each charter school in this State to pupils, parents and legal guardians of pupils, teachers and other educational personnel and members of the general public. The State Public Charter School Authority shall update such information annually.

(Added to NRS by 1997, 1856; A 2015, 3289; 2023, 2180)

Executive Director and Staff

NRS 388A.190 Executive Director: Appointment; unclassified service; eligibility.

1. The Executive Director of the State Public Charter School Authority:

(a) Must be appointed by the Governor from a list of three candidates submitted by the State Public Charter School Authority and serves at the pleasure of the Governor.

(b) Is in the unclassified service of the State.

2. To be eligible for appointment to the office of Executive Director of the State Public Charter School Authority, a person must:

(a) Be at least 21 years of age at the time of appointment; and

(b) Possess a demonstrated understanding of charter schools and a commitment to using charter schools to strengthen public education in this State.

(Added to NRS by 2011, 2355; A 2015, 3258; 2017, 3384)—(Substituted in revision for NRS 386.511)

NRS 388A.193 Executive Director: Authorization to pursue other employment or hold other office for profit with approval of Authority. With the approval of the State Public Charter School Authority, the Executive Director may pursue any other business or occupation or hold any other office, including, without limitation, serving as a member on a committee, board or task force of an organization relating to charter schools, serving as a reviewer of applications to form a charter school for organizations other than the State Public Charter School Authority and holding an office of profit, and may accept reimbursement for travel costs relating to such activities. The Executive Director shall not pursue any other business or occupation or hold any other office of profit without the approval of the State Public Charter School Authority.

(Added to NRS by 2011, 2355; A 2015, 3258)—(Substituted in revision for NRS 386.5115)

NRS 388A.196 Executive Director: Duties. The Executive Director shall:

1. Execute, direct and supervise all administrative, technical and procedural activities of the State Public Charter School Authority in accordance with the policies prescribed by the State Public Charter School Authority;

2. Organize the State Public Charter School Authority in a manner which will ensure the efficient operation and service of the State Public Charter School Authority;

3. Serve as the Executive Secretary of the State Public Charter School Authority;

4. Ensure that the autonomy provided to charter schools in this State pursuant to state law and regulations is preserved; and

5. Perform such other duties as are prescribed by law or the State Public Charter School Authority.

(Added to NRS by 2011, 2355; A 2015, 3259)—(Substituted in revision for NRS 386.512)

NRS 388A.199 Employment and qualifications of staff; periodic evaluations.

1. The State Public Charter School Authority may employ such persons as it deems necessary to carry out the provisions of this chapter. The staff employed by the State Public Charter School Authority must be qualified to carry out the daily responsibilities of sponsoring charter schools, including, without limitation, oversight of charter contracts, in accordance with the provisions of this chapter.

2. The staff must include:

(a) Attorneys with experience with laws concerning education, special education and nonprofit organizations;

(b) Persons with experience overseeing the annual audits and financial operations of school districts, nonprofit organizations or corporations;

(d) Administrators with significant experience overseeing special education programs and programs while employed by a school district, charter management organization, educational management organization or other operator of charter schools;

(e) Policy analysts with significant experience in the areas of charter schools and education policy; and

(f) Any other persons that the State Public Charter School Authority determines are necessary.

3. The State Public Charter School Authority shall periodically evaluate and make decisions concerning the number of persons employed by the State Public Charter School Authority and the qualifications and compensation of such persons based on guidance from the National Association of Charter School Authorizers, or its successor organization, an assessment of the strategic plan for recruiting operators of charter schools prepared pursuant to NRS 388A.223 and the needs of the charter schools sponsored by the State Public Charter School Authority.

(Added to NRS by 2011, 2355; A 2013, 1596; 2015, 3259, 3260)

SPONSORS OF CHARTER SCHOOLS

NRS 388A.220 Application to sponsor charter schools; preparation of evaluation of academic needs of pupils in geographic area served by sponsor.

1. The board of trustees of a school district may apply to the Department for authorization to sponsor charter schools within the school district in accordance with the regulations adopted by the Department pursuant to NRS 388A.105 or 388A.110. An application must be approved by the Department before the board of trustees may sponsor a charter school. Not more than 180 days after receiving approval to sponsor charter schools, the board of trustees shall provide public notice of its ability to sponsor charter schools and solicit applications for charter schools.

2. The State Public Charter School Authority shall sponsor charter schools whose applications have been approved by the State Public Charter School Authority pursuant to NRS 388A.255. Except as otherwise provided by specific statute, if the State Public Charter School Authority sponsors a charter school, the State Public Charter School Authority is responsible for the evaluation, monitoring and oversight of the charter school.

3. A college or university within the Nevada System of Higher Education may submit an application to the Department to sponsor charter schools in accordance with the regulations adopted by the Department pursuant to NRS 388A.105 or 388A.110. An application must be approved by the Department before a college or university within the Nevada System of Higher Education may sponsor charter schools.

4. A city or county may submit an application to the Department to sponsor charter schools in accordance with the regulations adopted by the Department pursuant to NRS 388A.105 or 388A.110. An application must be approved by the Department before a city or county may sponsor charter schools. A city or county:

(a) May not sponsor a new charter school or allow an existing charter school sponsored by the city or county to increase enrollment or operate an additional campus of an existing charter school sponsored by the city or county if the total number of pupils enrolled in charter schools sponsored by the city or county is 7 percent or more of the number of pupils enrolled in public schools in the city or county other than charter schools that are not sponsored by the city or county.

(b) May only sponsor a charter school which is located entirely within the incorporated area of the city or the unincorporated area of the county, as applicable.

5. The board of trustees of a school district, a college or university within the Nevada System of Higher Education or a city or county may enter into an agreement with the State Public Charter School Authority to provide technical assistance and support in preparing an application to sponsor a charter school and planning and executing the duties of a sponsor of a charter school as prescribed in this section.

6. Before a board of trustees of a school district, a college or university within the Nevada System of Higher Education or a city or county that is approved to sponsor charter schools approves an application to form a charter school, the board of trustees, college or university or city or county, as applicable, shall prepare, in collaboration with the Department and, to the extent practicable, the school district in which the proposed charter school will be located and any other sponsor of a charter school located in that school district, an evaluation of the demographic information of pupils, the academic needs of pupils and the needs of any pupils who are at risk of dropping out of school in the geographic areas served by the sponsor.

7. On or before January 31 of each year, the State Public Charter School Authority shall prepare, in collaboration with the Department and, to the extent practicable, the board of trustees of each school district in this State and any other sponsor of a charter school in this State, an evaluation of the demographic information of pupils, the academic needs of pupils and the needs of any pupils who are at risk of dropping out of school in this State.

(Added to NRS by 1997, 1844; A 2001, 3125; 2005, 2398; 2007, 2567; 2011, 2358; 2013, 1662, 2908; 2015, 2460, 3261, 3263; 2019, 2301; 2023, 2180)

NRS 388A.223 Duties and powers of sponsor; development of policies and practices; grounds for revocation of sponsorship; no private right of action against sponsor.

1. Each sponsor of a charter school shall carry out the following duties and powers:

(a) Evaluating applications to form charter schools as prescribed by NRS 388A.249;

(b) Approving applications to form charter schools that the sponsor determines are high quality, meet the identified educational needs of pupils and will serve to promote the diversity of public educational choices in this State;

(d) Negotiating, developing and executing charter contracts pursuant to NRS 388A.270;

(e) Monitoring, in accordance with this chapter and in accordance with the terms and conditions of the applicable charter contract, the performance and compliance of each charter school sponsored by the entity;

(f) Determining whether the charter contract of a charter school that the entity sponsors merits renewal or whether the renewal of the charter contract should be denied or whether the charter contract should be terminated or restarted, as applicable, in accordance with NRS 388A.285, 388A.300 or 388A.330, as applicable;

(g) Determining whether the governing body of a charter school should be reconstituted in accordance with NRS 388A.330;

(h) Adopting a policy for appointing a new governing body of a charter school for which the governing body is reconstituted in accordance with NRS 388A.330; and

(i) Conducting site evaluations of each campus of a charter school it sponsors during the first, third and fifth years after entering into or renewing a charter contract. Such evaluations must include, without limitation, evaluating pupil achievement and school performance at each campus of the charter school and identifying any deficiencies relating to pupil achievement and school performance. The sponsor shall develop a plan with the charter school to correct any such deficiencies. A sponsor may conduct a brief evaluation of a charter school in the third year if the charter school receives, in the immediately preceding year, one of the two highest ratings of performance pursuant to the statewide system of accountability for public schools.

2. Each sponsor of a charter school shall develop policies and practices that are consistent with state laws and regulations governing charter schools. In developing the policies and practices, the sponsor shall review and evaluate nationally recognized policies and practices for sponsoring organizations of charter schools. The policies and practices must include, without limitation:

(a) The organizational capacity and infrastructure of the sponsor for sponsorship of charter schools, which must not be described as a limit on the number of charter schools the sponsor will approve;

(b) The procedure and criteria for soliciting and evaluating charter school applications in accordance with NRS 388A.249, which must include, without limitation:

(1) Specific application procedures and timelines for committees to form a charter school that plan to enter into a contract with an educational management organization to operate the charter school, committees to form a charter school that do not plan to enter into such a contract and charter management organizations; and

(2) A description of the manner in which the sponsor will evaluate the previous performance of an educational management organization or other person with whom a committee to form a charter school plans to enter into a contract to operate a charter school or a charter management organization that submits an application to form a charter school;

(d) The procedure for amending a charter contract and the criteria for determining whether a request for such an amendment will be approved which must include, without limitation, any manner in which such procedures and criteria will differ if the sponsor determines that the amendment is material or strategically important;

(e) If deemed appropriate by the sponsor, a strategic plan for recruiting charter management organizations, educational management organizations or other persons to operate charter schools based on the priorities of the sponsor and the needs of the pupils that will be served by the charter schools that will be sponsored by the sponsor;

(f) A description of how the sponsor will maintain oversight of the charter schools it sponsors, which must include, without limitation:

(1) An assessment of the needs of the charter schools that are sponsored by the sponsor that is prepared with the input of the governing bodies of such charter schools; and

(2) A strategic plan for the oversight and provision of technical support to charter schools that are sponsored by the sponsor in the areas of academic, fiscal and organizational performance; and

(g) A description of the process of evaluation for the charter schools it sponsors in accordance with NRS 388A.351.

3. Evidence of material or persistent failure to carry out the powers and duties of a sponsor prescribed by this section constitutes grounds for revocation of the entity’s authority to sponsor charter schools.

4. The provisions of this section do not establish a private right of action against the sponsor of a charter school.

(Added to NRS by 1997, 1844; A 2001, 3125; 2005, 2398; 2007, 2567; 2011, 2358; 2013, 1662, 2908, 2910; 2015, 2460, 3261, 3263; 2017, 3385; 2019, 2302)

NRS 388A.224 Duty to establish standards and provide training regarding governance of charter schools.

1. The sponsor of a charter school shall establish standards for the governance of each charter school which it sponsors.

2. The sponsor of a charter school shall provide training on the governance of charter schools to the governing body of each charter school which it sponsors or identify an organization approved by the sponsor of the charter school to provide training on the governance of charter schools.

3. Each member of the governing body of a charter school must complete the training provided by the sponsor of the charter school or an organization identified by the sponsor of the charter school pursuant to subsection 2 on the governance of a charter school:

(a) Before the opening of the charter school; and

(b) Every 3 years thereafter.

(Added to NRS by 2021, 2224)

NRS 388A.225 Duty to notify Department and board of trustees of school district in certain circumstances relating to new or existing charter schools.

1. The sponsor of a charter school shall provide written notice to the Department and, if the sponsor is not a school district, to the board of trustees of a school district in which a charter school is located or proposed to be located, as applicable, within 45 days from the date on which the sponsor:

(a) Receives notice of intent to submit an application to operate a charter school;

(b) Receives an application to operate a charter school;

(d) Approves an application to operate a charter school or a request to amend the charter contract of a charter school.

2. The written notice must include, to the extent applicable:

(a) The location or proposed location of the charter school, as applicable, and the geographic area served or to be served by the charter school;

(b) The grade levels to be served by the charter school;

(d) The proposed date and year to open the charter school or amend the charter contract, as applicable.

(Added to NRS by 2019, 2301)

1. The sponsor of a charter school shall:

(a) Provide reasonable assistance to an applicant for a charter school and to a charter school in carrying out the provisions of this chapter;

(b) Provide technical and other reasonable assistance to a charter school for the operation of the charter school;

(c) Provide information to the governing body of a charter school concerning the availability of money for the charter school, including, without limitation, money available from the Federal Government;

(d) Provide timely access to the electronic data concerning the pupils enrolled in the charter school that is maintained pursuant to NRS 385A.800; and

(e) Provide appropriate information, education and training to a charter school and the governing body of a charter school concerning the applicable provisions of this title and any other laws and regulations that affect charter schools and the governing bodies of charter schools.

2. If the board of trustees of a school district is the sponsor of a charter school, the sponsor shall:

(a) Provide the charter school with an updated list of available substitute teachers within the school district.

(b) Provide access to school buses for use by the charter school for field trips. The school district may charge a reasonable fee for the use of the school buses, which must not be greater than the amount that the board of trustees is authorized to charge the charter school for services pursuant to NRS 388A.378.

(c) If the school district offers summer school or Internet-based credit recovery classes, allow the pupils enrolled in the charter school to participate if space is available. The school district shall apply the same fees, if any, for participation of the pupils enrolled in the charter school as it applies to pupils enrolled in the school district.

(Added to NRS by 1997, 1856; A 1999, 3297; 2005, 2402; 2007, 2573; 2011, 3052; 2013, 1668; 2015, 3288)—(Substituted in revision for part of NRS 386.545)

1. The sponsor of a charter school shall ensure the collection, analysis and reporting of all data from the results of pupils enrolled in the charter school on statewide examinations to determine whether the charter school is meeting the performance indicators, measures and metrics for the achievement and proficiency of pupils as set forth in the performance framework for the charter school in a manner that complies with all applicable federal and state laws.

2. The sponsor of the charter school may aggregate data reported by the State and collected by the sponsor concerning pupil achievement and school performance at separate facilities operated by the same governing body or charter management organization and across all grades served by the charter school for the purpose of evaluating and reporting pupil achievement and school performance. Such an aggregation of data may include, without limitation, a weighted average of data concerning pupil achievement and school performance of each elementary school, junior high school, middle school or high school program operated by the charter school. The sponsor may also disaggregate such data by facility and by grade level or group of grade levels to provide greater transparency and accountability. The sponsor may also adopt policies for determining pupil achievement and school performance at a charter school. Any data reported pursuant to this subsection must be reported in a manner that complies with the Family Educational Rights and Privacy Act of 1974, 20 U.S.C. § 1232g, and any regulations adopted pursuant thereto.

3. The State Board may adopt regulations to place requirements on the manner in which data is reported by the board of trustees of a school district, a college or university within the Nevada System of Higher Education or a city or county that sponsors a charter school including, without limitation, the manner in which data must be aggregated or disaggregated in any report.

4. The State Public Charter School Authority may adopt regulations establishing requirements concerning the manner in which it reports data, including, without limitation, the manner in which data must be aggregated or disaggregated in any report.

(Added to NRS by 2013, 2907; A 2015, 3278; 2023, 2181)

NRS 388A.230 Review of sponsor; determination regarding continuation or revocation of authorization to sponsor charter school.

1. At least once every 3 years, the Department shall conduct a comprehensive review of each sponsor of a charter school that the Department has approved for sponsorship pursuant to NRS 388A.220.

2. In conducting a comprehensive review of a sponsor, the Department shall:

(a) Review the annual reports submitted to the Department by the sponsor pursuant to NRS 388A.351;

(b) Determine whether the sponsor has complied with all applicable statutes and regulations; and

(c) Determine whether the sponsor applies nationally recognized best practices, as described in regulation by the Department, in carrying out its duties as a sponsor.

3. The Department may obtain the assistance of any entity or person the Department deems necessary or appropriate to carry out the review.

4. After completing the comprehensive review, the Department shall determine whether to continue or revoke the authorization of a sponsor to sponsor charter schools.

5. The Department shall adopt by regulation the criteria to apply when determining whether to continue or revoke the authorization of a sponsor to charter schools pursuant to subsection 4.

(Added to NRS by 2019, 2065)

NRS 388A.231 Change of sponsor. The governing body of a charter school may request, at any time, a change in the sponsorship of the charter school to an entity that is authorized to sponsor charter schools pursuant to NRS 388A.220. The State Board shall adopt:

1. A process for a charter school that requests a change in the sponsorship of the charter school, which must not require the charter school to undergo all the requirements of an initial application to form a charter school; and

2. Objective criteria for the conditions under which such a request may be granted.

(Added to NRS by 1999, 3289; A 2001, 3129; 2005, 1662, 2400, 2538; 2007, 1256, 2571; 2009, 259; 2011, 2363, 3049; 2013, 2916; 2015, 3274, 3276)—(Substituted in revision for part of NRS 386.527)

FORMATION OF CHARTER SCHOOL

Applications

NRS 388A.240 Membership of committee to form charter school.

1. A committee to form a charter school must consist of:

(a) One member who is a teacher or other person licensed pursuant to chapter 391 of NRS or who previously held such a license and is retired, as long as his or her license was held in good standing;

(b) One member who:

(1) Satisfies the qualifications of paragraph (a); or

(2) Is a school administrator with a license issued by another state or who previously held such a license and is retired, as long as his or her license was held in good standing;

(d) Two members who possess knowledge and expertise in one or more of the following areas:

(1) Accounting;

(2) Financial services;

(3) Law; or

(4) Human resources.

2. In addition to the members who serve pursuant to subsection 1, the committee to form a charter school may include, without limitation, not more than four additional members as follows:

(a) Members of the general public;

(b) Representatives of nonprofit organizations and businesses; or

3. A majority of the persons who serve on the committee to form a charter school must be residents of this State at the time that the application to form the charter school is submitted to the Department.

4. As used in subsection 1, “teacher” means a person who:

(a) Holds a current license to teach issued pursuant to chapter 391 of NRS or who previously held such a license and is retired, as long as his or her license was held in good standing; and

(b) Has at least 2 years of experience as an employed teacher.

Ê The term does not include a person who is employed as a substitute teacher.

(Added to NRS by 1997, 1844; A 1999, 3292; 2001, 3125; 2007, 2568; 2009, 257; 2011, 2279, 2359, 3044; 2013, 1663, 2911; 2015, 3265)—(Substituted in revision for part of NRS 386.520)

1. The applicant shall ensure that the completed application:

(a) Presents a clear, measurable and high-quality academic, financial and organizational vision and plans for the proposed charter school; and

(b) Provides the proposed sponsor of the charter school with a clear basis for assessing the capacity of the applicant to carry out the vision and plans.

2. A charter management organization may, as part of an application to form a charter school, request a waiver of the requirements of subsection 1 or 2 of NRS 388A.320 concerning the membership of the governing body. A sponsor shall not grant such a waiver unless the charter management organization provides a compelling reason for the waiver. If approved, the waiver may provide, without limitation, for multiple governing bodies that have the authority to make decisions concerning the governance of the charter school or a facility operated by the charter school. A majority of the members of each such governing body must reside in this State. A request for a waiver to allow for multiple such governing bodies must describe the role, responsibilities and composition of each such proposed governing body.

(Added to NRS by 1997, 1844; A 1999, 3292; 2001, 3125; 2007, 2568; 2009, 257; 2011, 2279, 2359, 3044; 2013, 1663, 2911; 2015, 3265)—(Substituted in revision for part of NRS 386.520)

NRS 388A.246 Contents of application. An application to form a charter school must include all information prescribed by the Department by regulation and:

1. A summary of the plan for the proposed charter school.

2. A clear written description of the mission of the charter school and the goals for the charter school. A charter school must have as its stated purpose at least one of the following goals:

(a) Improving the academic achievement of pupils;

(b) Encouraging the use of effective and innovative methods of teaching;

(d) Establishing accountability and transparency of public schools;

(e) Providing a method for public schools to measure achievement based upon the performance of the schools; or

(f) Creating new professional opportunities for teachers.

3. A clear description of the indicators, measures and metrics for the categories of academics, finances and organization that the charter school proposes to use, the external assessments that will be used to assess performance in those categories and the objectives that the committee to form a charter school plans to achieve in those categories, which must be expressed in terms of the objectives, measures and metrics. The objectives and the indicators, measures and metrics used by the charter school must be consistent with the performance framework adopted by the sponsor pursuant to NRS 388A.270.

4. A resume and background information for each person who serves on the board of the charter management organization or the committee to form a charter school, as applicable, which must include the name, telephone number, electronic mail address, background, qualifications, any past or current affiliation with any charter school in this State or any other state, any potential conflicts of interest and any other information required by the sponsor.

5. The proposed location of, or the geographic area to be served by, the charter school and evidence of a need and community support for the charter school in that area.

6. The minimum, planned and maximum projected enrollment of pupils in each grade in the charter school for each year that the charter school would operate under the proposed charter contract.

7. The procedure for applying for enrollment in the proposed charter school, which must include, without limitation, the proposed dates for accepting applications for enrollment in each year of operation under the proposed charter contract and a statement of whether the charter school will enroll pupils who are in a particular category of at-risk pupils before enrolling other children who are eligible to attend the charter school pursuant to NRS 388A.456 and the method for determining eligibility for enrollment in each such category of at-risk pupils served by the charter school.

8. The academic program that the charter school proposes to use, a description of how the academic program complies with the requirements of NRS 388A.366, the proposed academic calendar for the first year of operation and a sample daily schedule for a pupil in each grade served by the charter school.

9. A description of the proposed instructional design of the charter school and the type of learning environment the charter school will provide, including, without limitation, whether the charter school will provide a program of distance education, the planned class size and structure, the proposed curriculum for the charter school and the teaching methods that will be used at the charter school.

10. The manner in which the charter school plans to identify and serve the needs of pupils with disabilities, pupils who are English learners, pupils who are academically behind their peers and gifted pupils.

11. A description of any co-curricular or extracurricular activities that the charter school plans to offer and the manner in which these programs will be funded.

12. Any uniform or dress code policy that the charter school plans to use.

13. Plans and timelines for recruiting and enrolling students, including procedures for any lottery for admission that the charter school plans to conduct.

14. The rules of behavior and punishments that the charter school plans to adopt pursuant to NRS 388A.495, including, without limitation, any unique discipline policies for pupils with disabilities.

15. A chart that clearly presents the proposed organizational structure of the charter school and a clear description of the roles and responsibilities of the governing body, administrators and any other persons included on the chart and a table summarizing the decision-making responsibilities of the staff and governing body of the charter school and, if applicable, the charter management organization that operates the charter school. The table must also identify the person responsible for each activity conducted by the charter school, including, without limitation, the person responsible for establishing curriculum and culture, providing professional development to employees of the charter school and making determinations concerning the staff of the charter school.

16. The names of any external organizations that will play a role in operating the charter school and the role each such organization will play.

17. The manner in which the governing body of the charter school will be chosen.

18. A staffing chart for the first year in which the charter school plans to operate and a projected staffing plan for the term of the charter contract.

19. Plans for recruiting administrators, teachers and other staff, providing professional development to such staff.

20. Proposed bylaws for the governing body, a description of the manner in which the charter school will be governed, including, without limitation, any governance training that will be provided to the governing body, and a code of ethics for members and employees of the governing body. The code of ethics must be prepared with guidance from the Nevada Commission on Ethics and must not conflict with any policy adopted by the sponsor.

21. Explanations of any partnerships or contracts central to the operations or mission of the charter school.

22. A statement of whether the charter school will provide for the transportation of pupils to and from the charter school. If the charter school will provide transportation, the application must include the proposed plan for the transportation of pupils. If the charter school will not provide transportation, the application must include a statement that the charter school will work with the parents and guardians of pupils enrolled in the charter school to develop a plan for transportation to ensure that pupils have access to transportation to and from the charter school.

23. The procedure for the evaluation of teachers of the charter school, if different from the procedure prescribed in NRS 391.680 and 391.725. If the procedure is different from the procedure prescribed in NRS 391.680 and 391.725, the procedure for the evaluation of teachers of the charter school must provide the same level of protection and otherwise comply with the standards for evaluation set forth in NRS 391.680 and 391.725.

24. A statement of the charter school’s plans for food service and other significant operational services, including a statement of whether the charter school will provide food service or participate in the National School Lunch Program, 42 U.S.C. §§ 1751 et seq. If the charter school will not provide food service or participate in the National School Lunch Program, the application must include an explanation of the manner in which the charter school will ensure that the lack of such food service or participation does not prevent pupils from attending the charter school.

25. Opportunities and expectations for involving the parents of pupils enrolled in the charter school in instruction at the charter school and the operation of the charter school, including, without limitation, the manner in which the charter school will solicit input concerning the governance of the charter school from such parents.

26. A detailed plan for starting operation of the charter school that identifies necessary tasks, the persons responsible for performing them and the dates by which such tasks will be accomplished.

27. A description of the financial plan and policies to be used by the charter school.

28. A description of the insurance coverage the charter school will obtain.

29. Budgets for starting operation at the charter school, the first year of operation of the charter school and the first 5 years of operation of the charter school, with any assumptions inherent in the budgets clearly stated.

30. Evidence of any money pledged or contributed to the budget of the charter school.

31. A statement of the facilities that will be used to operate the charter school and a plan for operating such facilities, including, without limitation, any backup plan to be used if the charter school cannot be operated out of the planned facilities.

32. If the charter school operates a vocational school, a description of the career and technical education program that will be used by the charter school.

33. If the charter school will provide a program of distance education, a description of the system of course credits that the charter school will use and the manner in which the charter school will:

(a) Monitor and verify the participation in and completion of courses by pupils;

(b) Require pupils to participate in assessments and submit course work;

(d) Administer any test, examination or assessment required by state or federal law in a proctored setting.

34. If the charter school will provide a program where a student may earn college credit for courses taken in high school, a draft memorandum of understanding between the charter school and the college or university through which the credits will be earned and a term sheet, which must set forth:

(a) The proposed duration of the relationship between the charter school and the college or university and the conditions for renewal and termination of the relationship;

(b) The roles and responsibilities of the governing body of the charter school, the employees of the charter school and the college or university;

(d) The manner and amount that the college or university will be compensated for providing such services and resources, including, without limitation, any tuition and fees that pupils at the charter school will pay to the college or university;

(e) The manner in which the college or university will ensure that the charter school effectively monitors pupil enrollment and attendance and the acquisition of college credits; and

(f) Any employees of the college or university who will serve on the governing body of the charter school.

35. If the applicant currently operates a charter school in another state, evidence of the performance of such charter schools and the capacity of the applicant to operate the proposed charter school.

36. If the applicant proposes to contract with an educational management organization or any other person to provide educational or management services:

(a) Evidence of the performance of the educational management organization or other person when providing such services to a population of pupils similar to the population that will be served by the proposed charter school;

(b) A term sheet that sets forth:

(1) The proposed duration of the proposed contract between the governing body of the charter school and the educational management organization;

(2) A description of the responsibilities of the governing body of the charter school, employees of the charter school and the educational management organization or other person;

(3) All fees that will be paid to the educational management organization or other person;

(4) The manner in which the governing body of the charter school will oversee the services provided by the educational management organization or other person and enforce the terms of the contract;

(5) A disclosure of the investments made by the educational management organization or other person in the proposed charter school; and

(6) The conditions for renewal and termination of the contract; and

(c) A disclosure of any conflicts of interest concerning the applicant and the educational management organization or other person, including, without limitation, any past or current employment, business or familial relationship between any prospective employee of the charter school and a member of the committee to form a charter school or the board of directors of the charter management organization, as applicable.

37. Any additional information that the sponsor determines is necessary to evaluate the ability of the proposed charter school to serve pupils in the school district in which the proposed charter school will be located.

Ê As used in this section, “pupil with a disability” has the meaning ascribed to it in NRS 388.417.

(Added to NRS by 1997, 1844; A 1999, 3292; 2001, 3125; 2007, 2568; 2009, 257; 2011, 2279, 2359, 3044; 2013, 1663, 2911; 2015, 3265; 2017, 3386; 2021, 2321)

1. Except as otherwise provided in subsection 2, any information that is provided to the sponsor of the charter school by a charter management organization, a committee to form a charter school or a charter school is a public record that is subject to the provisions of chapter 239 of NRS.

2. A charter school must designate any information contained in a submission by the charter school to the sponsor of the charter school that is intended to remain confidential and request for the sponsor to declare such information confidential. Upon receipt of such a request, the sponsor of the charter school shall determine whether the designated information should be declared confidential. If the sponsor of the charter school determines the information should not be declared confidential, the sponsor must give the charter school an opportunity to redact such information. Except as otherwise provided in NRS 239.0115, if the sponsor of the charter school determines that the information should be declared confidential, the information is confidential and must not be disclosed.

(Added to NRS by 2017, 3375)

1. A committee to form a charter school or charter management organization may submit the application to the proposed sponsor of the charter school. If an application proposes to convert an existing public school, homeschool or other program of home study into a charter school, the proposed sponsor shall deny the application.

2. The proposed sponsor of a charter school shall, in reviewing an application to form a charter school:

(a) Assemble a team of reviewers, which may include, without limitation, natural persons from different geographic areas of the United States who possess the appropriate knowledge and expertise with regard to the academic, financial and organizational experience of charter schools, to review and evaluate the application;

(b) Conduct a thorough evaluation of the application, which includes an in-person interview with the applicant designed to elicit any necessary clarifications or additional information about the proposed charter school and determine the ability of the applicants to establish a high-quality charter school;

(c) Consider the degree to which the proposed charter school will address the needs identified in the evaluation prepared by the proposed sponsor pursuant to subsection 6 or 7 of NRS 388A.220, as applicable;

(d) If the proposed sponsor is not the board of trustees of a school district, solicit input from the board of trustees of the school district in which the proposed charter school will be located;

(e) Base its determination on documented evidence collected through the process of reviewing the application;

(f) Adhere to the policies and practices developed by the proposed sponsor pursuant to subsection 2 of NRS 388A.223; and

(g) Consider the academic, financial and organizational performance of any charter schools that currently hold a contract with the proposed operators, including, without limitation, a charter management organization or educational management organization, of the proposed charter school.

3. The proposed sponsor of a charter school may approve an application to form a charter school only if the proposed sponsor determines that:

(a) The application:

(1) Complies with this chapter and the regulations applicable to charter schools; and

(2) Is complete in accordance with the regulations of the Department and the policies and practices of the sponsor;

(b) The applicant has demonstrated competence in accordance with the criteria for approval prescribed by the sponsor pursuant to subsection 2 of NRS 388A.223 that will likely result in a successful opening and operation of the charter school;

(c) Based on the most recent evaluation prepared by the proposed sponsor pursuant to subsection 6 or 7 of NRS 388A.220, as applicable, the proposed charter school will address one or more of the needs identified in the evaluation; and

(d) It has received sufficient input from the public, including, without limitation, input received at the meeting held pursuant to subsection 1 of NRS 388A.252 or subsection 1 of NRS 388A.255, as applicable.

4. The identity of each member of the team of reviewers assembled by a proposed sponsor of a charter school is confidential for 5 years after the review of an application to form a charter school is complete and must not be disclosed unless ordered by a district court in an action brought pursuant to subsection 3 of NRS 388A.255.

5. On or before January 1 of each odd-numbered year, the Superintendent of Public Instruction shall submit a written report to the Director of the Legislative Counsel Bureau for transmission to the next regular session of the Legislature. The report must include:

(a) A list of each application to form a charter school that was submitted to the board of trustees of a school district, the State Public Charter School Authority, a college or a university or a city or county during the immediately preceding biennium;

(b) The educational focus of each charter school for which an application was submitted;

(d) If the application was denied, the reasons for the denial.

(Added to NRS by 1997, 1846; A 1999, 3295; 2001, 3127; 2005, 1098, 2399, 2537; 2007, 2569; 2011, 2361, 3047; 2013, 1665, 2913; 2015, 3271, 3799; 2017, 3390; 2019, 2010, 2069, 2304; 2021, 2226; 2023, 2182)

1. If the board of trustees of a school district, a college or a university within the Nevada System of Higher Education or a city or county receives an application to form a charter school, the board of trustees, the institution or the city or county, as applicable, shall consider the application at a meeting that must be held not later than 60 days after the receipt of the application, or a later period mutually agreed upon by the committee to form the charter school and the board of trustees of the school district, the institution or the city or county, as applicable, and ensure that notice of the meeting has been provided pursuant to chapter 241 of NRS. The board of trustees, the college or university or the city or county, as applicable, shall review an application in accordance with the requirements for review set forth in subsections 2 and 3 of NRS 388A.249.

2. The board of trustees, the college or university or the city or county, as applicable, may approve an application if the requirements of subsection 3 of NRS 388A.249 are satisfied.

3. The board of trustees, the college or university or the city or county, as applicable, shall provide written notice to the applicant of its approval or denial of the application. If the board of trustees, the college or university or the city or county, as applicable, denies an application, it shall include in the written notice the reasons for the denial and the deficiencies. The applicant must be granted 30 days after receipt of the written notice to correct any deficiencies identified in the written notice and resubmit the application.

4. If the board of trustees, the college or university or the city or county, as applicable, denies an application after it has been resubmitted pursuant to subsection 3, the applicant may submit a written request for sponsorship by the State Public Charter School Authority not more than 30 days after receipt of the written notice of denial. Any request that is submitted pursuant to this subsection must be accompanied by the application to form the charter school.

(Added to NRS by 1997, 1846; A 1999, 3295; 2001, 3127; 2005, 1098, 2399, 2537; 2007, 2569; 2011, 2361, 3047; 2013, 1665, 2913; 2015, 3271, 3799; 2019, 2305; 2023, 2183)

NRS 388A.255 Review of application received by State Public Charter School Authority; written notice of approval or denial; opportunity to correct deficiencies; appeal of denial.

1. If the State Public Charter School Authority receives an application pursuant to subsection 1 of NRS 388A.249 or subsection 4 of NRS 388A.252, it shall consider the application at a meeting which must be held not later than 120 days after receipt of the application or a later period mutually agreed upon by the committee to form the charter school and the State Public Charter School Authority. Notice of the meeting must be posted in accordance with chapter 241 of NRS. The State Public Charter School Authority shall review the application in accordance with the requirements for review set forth in subsections 2 and 3 of NRS 388A.249. The State Public Charter School Authority may approve an application only if the requirements of subsection 3 of NRS 388A.249 are satisfied. Not more than 30 days after the meeting, the State Public Charter School Authority shall provide written notice of its determination to the applicant.

2. If the State Public Charter School Authority denies or fails to act upon an application, the denial or failure to act must be based upon a finding that the requirements of subsection 3 of NRS 388A.249 have not been satisfied. The State Public Charter School Authority shall include in the written notice the reasons for the denial or the failure to act and the deficiencies. The staff designated by the State Public Charter School Authority shall meet with the applicant to confer on the method to correct the identified deficiencies. The applicant must be granted 30 days after receipt of the written notice to correct any deficiencies identified in the written notice and resubmit the application.

3. If the State Public Charter School Authority denies an application after it has been resubmitted pursuant to subsection 2, the applicant may, not more than 30 days after the receipt of the written notice from the State Public Charter School Authority, appeal the final determination to the district court of the county in which the proposed charter school will be located.

(Added to NRS by 1997, 1846; A 1999, 3295; 2001, 3127; 2005, 1098, 2399, 2537; 2007, 2569; 2011, 2361, 3047; 2013, 1665, 2913; 2015, 3271, 3799; 2019, 2305; 2021, 320)

NRS 388A.258 Regulations and policies establishing times and procedures for review of applications. Notwithstanding the provisions of NRS 388A.249, 388A.252 and 388A.255, the State Public Charter School Authority may adopt regulations establishing timelines and procedures by which the State Public Charter School Authority will review applications and the board of trustees of a school district, a college or university within the Nevada System of Higher Education or city or county that is approved to sponsor charter schools may adopt policies establishing timelines and procedures by which the board of trustees, college or university or city or county, as applicable, will review applications. These regulations or policies may:

1. Establish different timelines and review procedures for different types of applicants; and

2. Authorize or require an applicant to submit an abbreviated application, the contents of such an application and criteria that the State Public Charter School Authority will use to determine whether to invite the applicant to submit a full application that meets the requirements of NRS 388A.243 and 388A.246 or deny the abbreviated application and recommend that the applicant make substantial revisions and submit the application during another application cycle.

(Added to NRS by 1997, 1846; A 1999, 3295; 2001, 3127; 2005, 1098, 2399, 2537; 2007, 2569; 2011, 2361, 3047; 2013, 1665, 2913; 2015, 3271, 3799; 2023, 2184)

Charter Contracts

NRS 388A.270 Charter contract upon approval of application; notice to Department; determination of sponsor.

1. If the proposed sponsor of a charter school approves an application to form a charter school, it shall negotiate, develop and execute a charter contract with the governing body of the charter school. A charter contract must be executed not later than 60 days before the charter school commences operation. The charter contract must be in writing and incorporate, without limitation:

(a) The performance framework for the charter school;

(b) A description of the administrative relationship between the sponsor of the charter school and the governing body of the charter school, including, without limitation, the rights and duties of the sponsor and the governing body; and

(c) Any pre-opening conditions which the sponsor has determined are necessary for the charter school to satisfy before the commencement of operation to ensure that the charter school meets all building, health, safety, insurance and other legal requirements.

2. The charter contract must be signed by a member of the governing body of the charter school and:

(a) If the board of trustees of a school district is the sponsor of the charter school, the superintendent of schools of the school district;

(b) If the State Public Charter School Authority is the sponsor of the charter school, the Chair of the State Public Charter School Authority;

(c) If a college or university within the Nevada System of Higher Education is the sponsor of the charter school, the president of the college or university; or

(d) If a city or county is the sponsor of the charter school, the mayor of the city or the chair of the board of county commissioners, as applicable.

3. Before the charter contract is executed, the sponsor of the charter school must approve the charter contract at a meeting of the sponsor held in accordance with chapter 241 of NRS.

4. The sponsor of the charter school shall, not later than 10 days after the execution of the charter contract, provide to the Department:

(a) Written notice of the charter contract and the date of execution; and

(b) A copy of the charter contract and any other documentation relevant to the charter contract.

5. If the board of trustees approves the application, the board of trustees shall be deemed the sponsor of the charter school.

6. If the State Public Charter School Authority approves the application:

(a) The State Public Charter School Authority shall be deemed the sponsor of the charter school.

(b) Neither the State of Nevada, the State Board, the State Public Charter School Authority nor the Department is an employer of the members of the governing body of the charter school or any of the employees of the charter school.

7. If a college or university within the Nevada System of Higher Education approves the application:

(a) That institution shall be deemed the sponsor of the charter school.

(b) Neither the State of Nevada, the State Board nor the Department is an employer of the members of the governing body of the charter school or any of the employees of the charter school.

8. If a city or county approves the application:

(a) The city or county shall be deemed the sponsor of the charter school.

(b) Neither the State of Nevada, the State Board nor the Department is an employer of the members of the governing body of the charter school or any of the employees of the charter school.

9. Except as otherwise provided in NRS 388A.285, a charter contract must be for a term of 6 years. The term of the charter contract begins on the first day of operation of the charter school after the charter contract has been executed. The sponsor of the charter school may require, or the governing body of the charter school may request that the sponsor authorize, the charter school to delay commencement of operation for 1 school year.

(Added to NRS by 1999, 3289; A 2001, 3129; 2005, 1662, 2400, 2538; 2007, 1256, 2571; 2009, 259; 2011, 2363, 3049; 2013, 2916, 2918; 2015, 3274, 3276; 2017, 3391; 2019, 1395; 2023, 2184)

NRS 388A.273 Adoption of performance framework and incorporation into charter contract; establishment of annual performance goals; revision upon renewal of charter contract.

1. Each sponsor of a charter school shall adopt a performance framework and incorporate the performance framework into the charter contract pursuant to paragraph (a) of subsection 1 of NRS 388A.270. The performance framework must include, without limitation, performance indicators, measures and metrics for the categories of academics, finances and organization as follows:

(a) The category of academics addresses:

(1) The academic achievement and proficiency of pupils enrolled in the charter school, including, without limitation, the progress of pupils from year-to-year based upon the model to measure the achievement of pupils adopted by the Department pursuant to NRS 390.125;

(2) Disparities in the academic achievement and proficiency of pupils enrolled in the charter school; and

(3) If the charter school enrolls pupils at the high school grade level, the rate of graduation of those pupils and the preparation of those pupils for success in postsecondary educational institutions and in career and workforce readiness.

(b) The category of finances addresses the financial condition and sustainability of the charter school.

(1) The percentage of pupils who reenroll in the charter school from year-to-year;

(2) The rate of attendance of pupils enrolled in the charter school; and

(3) The performance of the governing body of the charter school, including, without limitation, compliance with the terms and conditions of the charter contract and the applicable statutes and regulations.

2. In addition to the requirements for the performance framework set forth in subsection 1, the sponsor of the charter school may, upon request of the governing body of the charter school, include additional rigorous, valid and reliable performance indicators, measures and metrics in the performance framework that are specific to the mission of the charter school and that are consistent with this chapter.

3. The governing body of a charter school shall, in consultation with the sponsor of the charter school, establish annual performance goals to ensure that the charter school is meeting the performance indicators, measures and metrics set forth in the performance framework in the charter contract.

4. If an application for renewal of a charter contract is approved, the sponsor of the charter school may review and, if necessary, revise the performance framework. Such a revised performance framework must be incorporated into the renewed charter contract.

(Added to NRS by 2013, 2907; A 2015, 3278)—(Substituted in revision for part of NRS 386.528)

1. If a charter school wishes to be rated using the alternative performance framework prescribed by the State Board pursuant to NRS 385A.730, the governing body of the charter school may submit to the sponsor of the charter school a request to amend the charter contract of the charter school pursuant to NRS 388A.276 to include the mission statement and admissions policy required by subsection 4 of NRS 385A.740.

2. The sponsor of a charter school may require that:

(a) A request to amend a charter contract described in subsection 1 also include such changes to the academic program, organizational plan and financial model of the charter school as the sponsor of the charter school determines are necessary for a charter school rated using the alternative performance framework; and

(b) A charter school which submits a request to amend a charter contract described in subsection 1 perform such actions as the sponsor of the charter school determines to be necessary to successfully transition to being rated using the alternative performance framework.

3. The sponsor of a charter school shall evaluate a request to amend a charter contract described in subsection 1 by reviewing the academic, organizational and financial performance of the charter school. If the sponsor of the charter school determines that the charter school is unlikely to achieve academic, organizational or financial success if the request to amend its charter contract is approved, the sponsor of the charter school must deny the request.

4. Unless invited to do so by the sponsor of the charter school, the governing body of a charter school whose request to amend its charter contract is denied pursuant to subsection 3 may not submit a materially similar request for 1 year after the denial of its request.

5. If a proposed sponsor of a charter school approves an application to form a charter school and the proposed sponsor of the charter school determines that the charter school has a mission statement and an admissions policy which satisfy the requirements of subsection 4 of NRS 385A.740, the proposed sponsor of the charter school shall include language in the charter contract entered into with the charter school which provides that:

(a) Except as otherwise provided in paragraph (b), the proposed sponsor of the charter school will submit an application to the State Board on behalf of the charter school for the charter school to be rated using the alternative performance framework within 2 years after the charter school commences operation;

(b) The proposed sponsor of the charter school will submit the application described in paragraph (a) only upon the successful completion by the charter school of such actions as the proposed sponsor of the charter school determines to be necessary to successfully transition to being rated using the alternative performance framework; and

(c) Upon approval of such an application by the State Board, the performance framework adopted by the proposed sponsor of the charter school will be replaced by the alternative performance framework.

6. A charter school that is rated using the alternative performance framework pursuant to NRS 385A.730 is exempt from the provisions of paragraph (a) of subsection 3 of NRS 388A.279 and subsection 1 of NRS 388A.300.

(Added to NRS by 2017, 3378; A 2017, 3403; 2021, 321)

NRS 388A.275 Charter contract not assignable or transferable; charter contract may not be used as security for loan.

1. A charter contract entered into between the governing body of a charter school and the sponsor of the charter school is not assignable or transferable and may not be delegated to a third party.

2. A charter contract may not be used as security for any loan and shall be deemed to have no monetary value.

3. For the purpose of this section, an amendment to a charter contract which consolidates two or more charter schools, the restart of a charter school pursuant to NRS 388A.300 and the reconstitution of the governing body of a charter school pursuant to NRS 388A.330 do not constitute the assignment, transfer or delegation of a charter contract.

(Added to NRS by 2017, 3375; A 2017, 3402)

NRS 388A.276 Amendment of charter contract. The governing body of a charter school may submit to the sponsor of the charter school a written request for an amendment of the charter contract. The sponsor of the charter school shall consider the academic, financial and organizational performance of any charter schools that currently hold a contract with the current or proposed operators, including, without limitation, a charter management organization or educational management organization, of the charter school. If the proposed amendment complies with the provisions of this chapter and any other statute or regulation applicable to charter schools, the sponsor and the governing body of the charter school may amend the charter contract in accordance with the proposed amendment. If the sponsor denies the request for an amendment, the sponsor shall provide written notice to the governing body of the charter school setting forth the reasons for the denial.

(Added to NRS by 1999, 3289; A 2001, 3129; 2005, 1662, 2400, 2538; 2007, 1256, 2571; 2009, 259; 2011, 2363, 3049; 2013, 2916, 2918; 2015, 3274, 3276; 2021, 2227)

NRS 388A.279 Amendment of charter contract: Public hearing; approval of sponsor required; when request required to be denied.

1. The State Public Charter School Authority, the board of trustees of the school district, a college or university within the Nevada System of Higher Education or a city or county, as applicable, which sponsors a charter school may hold a public hearing concerning any request to amend a charter contract of the charter school it sponsors, including, without limitation, a request to amend a charter contract for the purpose of:

(a) Expanding the charter school to offer instruction in grade levels for which the charter school does not already offer instruction.

(b) Increasing the total enrollment of a charter school or the enrollment of pupils in a particular grade level in the charter school for a school year to more than 120 percent of the enrollment prescribed in the charter contract for that school year.

(c) Reducing the total enrollment of a charter school or the enrollment of pupils in a particular grade level in the charter school for a school year to less than 80 percent of the enrollment prescribed in the charter contract for that school year.

(d) Seeking to acquire an additional facility in any county of this State to expand the enrollment of the charter school.

(e) Consolidating the operations of multiple charter schools pursuant to NRS 388A.282.

2. A charter contract may not be amended in any manner described in subsection 1 unless the amendment is approved by the State Public Charter School Authority, the board of trustees of the school district, a college or university within the Nevada System of Higher Education or a city or county, as applicable.

3. The State Public Charter School Authority, the board of trustees of the school district, a college or university within the Nevada System of Higher Education or a city or county, as applicable, must deny a request to amend a charter contract in the manner described in paragraph (d) or (e) of subsection 1 if the State Public Charter School Authority, the board of trustees, a college or university within the Nevada System of Higher Education or a city or county, as applicable, determines that:

(a) Except as otherwise provided in subsection 6 of NRS 388A.274, the charter school is not meeting the requirements of the performance framework concerning academics, finances or organization established pursuant to NRS 388A.273; or

(b) The governing body does not have a comprehensive and feasible plan to operate additional facilities.

(Added to NRS by 2015, 3253, 3309; A 2021, 321; 2023, 2186)

NRS 388A.282 Consolidation of operations of two or more charter schools. The sponsor of a charter school may approve an amendment to a charter contract to consolidate the operations of two or more charter schools if:

1. The sponsor of a charter school for which a charter contract has been terminated has approved a request by the governing body of the charter school requesting the amendment to negotiate with the owner, mortgagor or lienholder of the facilities in which the charter school has been operated for the purpose of operating an additional campus of the other charter school pursuant to NRS 388A.303. If charter schools are consolidated under such conditions, the prior academic, operational and fiscal performance of the charter school whose charter contract has been terminated will not be attributed to the consolidated charter school.

2. Two or more governing bodies submit a request for an amendment to consolidate their charter contracts, governing bodies and operations to form a single charter school operating one or more campuses under a new charter contract. If charter schools are consolidated under such conditions:

(a) The new charter contract will be in effect for the duration of the term of the written charter or charter contract which was closest to its date of expiration before consolidation; and

(b) The academic, operational and fiscal performances of all charter schools that have been consolidated will be attributed to the consolidated charter school.

(Added to NRS by 2015, 3254, 3310)

NRS 388A.285 Renewal of charter contract: Performance report by sponsor; application; criteria for review by sponsor; notice to applicant; term of renewal.

1. On or before June 30 immediately preceding the final school year in which a charter school is authorized to operate pursuant to its charter contract, the sponsor of the charter school shall submit to the governing body of the charter school a written report summarizing the performance of the charter school and each facility that constitutes the charter school during the term of the charter contract, including, without limitation:

(a) A summary of the performance of the charter school based upon the terms of the charter contract and the requirements of this chapter;

(b) An identification of any deficiencies relating to the performance of the charter school which the sponsor has determined may result in nonrenewal of the charter contract if the deficiencies remain uncorrected;

(c) Requirements for the application for renewal of the charter contract submitted to the sponsor pursuant to subsection 3; and

(d) The criteria that the sponsor will apply in making a determination on the application for renewal based upon the performance framework for the charter school and the requirements of this chapter. Such criteria must include, without limitation, the performance indicators, measures and metrics included in the performance framework.

2. The governing body of a charter school may submit a written response to the sponsor of the charter school concerning the performance report prepared by the sponsor pursuant to subsection 1, which may include any revisions or clarifications that the governing body seeks to make to the report.

3. If a charter school seeks to renew its charter contract, the governing body of the charter school shall submit an application for renewal to the sponsor of the charter school on or before October 15 of the final school year in which the charter school is authorized to operate pursuant to its charter contract. The application for renewal must include, without limitation:

(a) The requirements for the application identified by the sponsor in the performance report prepared by the sponsor pursuant to subsection 1;

(b) A description of the academic, financial and organizational vision and plans for the charter school for the next charter term;

(c) Any information or data that the governing body of the charter school determines supports the renewal of the charter contract in addition to the information contained in the performance report prepared by the sponsor pursuant to subsection 1 and any response submitted by the governing body pursuant to subsection 2; and

(d) A description of any improvements to the charter school already undertaken or planned.

4. The sponsor of a charter school shall consider the application for renewal of the charter contract at a meeting held in accordance with chapter 241 of NRS. The sponsor shall provide written notice to the governing body of the charter school concerning its determination on the application for renewal of the charter contract not more than 60 days after receipt of the application for renewal from the governing body. The determination of the sponsor must be based upon:

(a) The criteria of the sponsor for the renewal of charter contracts; and

(b) Evidence of the performance of the charter school during the term of the charter contract in accordance with the performance framework for the charter school.

5. The sponsor of the charter school shall:

(a) Make available to the governing body of the charter school the data used in making the renewal decision; and

(b) Post a report on the Internet website of the sponsor summarizing the decision of the sponsor on the application for renewal and the basis for its decision.

6. A charter contract may be renewed for a term of not less than 3 years or more than 10 years.

(Added to NRS by 1997, 1849; A 2009, 914; 2013, 2920; 2015, 3279; 2019, 1396)—(Substituted in revision for NRS 386.530)

TERMINATION OF CHARTER CONTRACTS

1. Except as otherwise provided in subsection 6, subsection 3 of NRS 385A.720 and subsection 6 of NRS 388A.274, the sponsor of a charter school shall terminate the charter contract of the charter school or restart the charter school under a new charter contract if the charter school receives, in any period of 5 consecutive school years, three annual ratings established as the lowest rating possible indicating underperformance of a public school, as determined by the Department pursuant to the statewide system of accountability for public schools.

2. A charter school’s annual rating pursuant to the statewide system of accountability based upon the performance of the charter school must not be included in the count of annual ratings for the purposes of subsection 1 for any school year before the 2015-2016 school year.

3. If a charter contract is terminated or a charter school is restarted pursuant to subsection 1, the sponsor of the charter school shall submit a written report to the Department and the governing body of the charter school setting forth the reasons for the termination or restart of the charter school not later than 10 days after terminating the charter contract or restarting the charter school.

4. The provisions of NRS 388A.330 do not apply to the termination of a charter contract or restart of the charter school pursuant to this section.

5. The Department shall adopt regulations governing procedures to restart a charter school under a new charter contract pursuant to subsection 1. Such regulations must include, without limitation, requiring a charter school that is restarted to enroll a pupil who was enrolled in the charter school before the school was restarted before any other eligible pupil is enrolled.

6. If the sponsor of a charter school determines that not all of the elementary, middle or high schools in or campuses of the charter school meet the criteria described in subsection 1 and that the charter school can remain financially viable if the charter school continues to operate and serve only the elementary, middle or high schools or campuses which do not meet the criteria described in subsection 1, the sponsor may amend the charter contract to eliminate the elementary, middle or high schools or campuses that meet the criteria described in subsection 1 and limit the enrollment in all other elementary, middle or high schools in or campuses of the charter school.

(Added to NRS by 2013, 2908; A 2013, 2938; 2015, 2461, 3282; 2021, 18, 322)

1. If the sponsor of a charter school terminates a charter contract pursuant to NRS 388A.300 or 388A.330, the sponsor may:

(a) Petition the district court to appoint a receiver, to be paid from the funds of the charter school, to oversee and manage the charter school until other arrangements are made for pupils who attend the school.

(b) Issue a request for proposals inviting the governing body of another charter school to negotiate with the owner, mortgagor or lienholder of the facilities in which the charter school operated for the purpose of operating an additional campus of the other charter school under the sponsorship of either the sponsor of the charter school for which the charter contract has been terminated or the sponsor of the charter school that intends to operate an additional campus. If the governing body proposes to operate an additional campus of the other charter school under the sponsorship of:

(1) The sponsor of the charter school for which the charter contract has been terminated and the sponsor is not the sponsor of the charter school currently operated by the governing body, the governing body must, before the additional campus begins operating, also submit to the sponsor of the charter school for which the charter contract has been terminated and receive approval for an application to form a charter school pursuant to NRS 388A.243 and 388A.246.

(2) The sponsor of the charter school currently operated by the governing body, the governing body must, before the additional campus begins operating, also submit a request for and receive approval of an amendment to its charter contract to consolidate charter schools pursuant to NRS 388A.270, 388A.279 and 388A.282.

2. Before selecting a governing body to operate another campus of an existing charter school to replace a charter school whose charter contract has been terminated pursuant to subsection 1, the sponsor must consider:

(a) The performance record of the charter school in this State and other states;

(b) The plan of the governing body for improving pupil achievement and school performance;

(c) The suitability of the proposed academic program for pupils who were enrolled in the charter school before the termination of the charter contract; and

(d) Input from members of the community in which the charter school is located and parents who were enrolled in the charter school before the termination of the charter contract, including, without limitation, the input described in subsection 1 of NRS 388A.336.

(Added to NRS by 2015, 3254, 3310)

1. If a charter school ceases to operate voluntarily, if a charter contract is not renewed or if a charter contract is terminated and the sponsor does not recruit a governing body of another charter school to operate another campus of the other charter school to replace the charter school whose charter contract is terminated pursuant to NRS 388A.303, as applicable, the governing body of the charter school shall:

(a) Give written notice of the closure to:

(1) The sponsor of the charter school, unless the closure results from the non-renewal or termination of a charter contract;

(2) The Director of the Department of Business and Industry;

(3) The board of trustees of the school district in which the charter school is located, unless the board of trustees is the sponsor of the charter school and the closure results from the non-renewal or termination of a charter contract;

(4) The Department;

(5) The parents or legal guardians of the pupils enrolled in the charter school; and

(6) The creditors of the charter school;

(b) Except as otherwise provided in subsections 4 and 5, appoint an administrator of the charter school, subject to the approval of the sponsor of the charter school, to act as a trustee during the process of the closure of the charter school and for 1 year after the date of closure;

(c) As soon as practicable, develop and present to the sponsor of the charter school a written plan for the closure of the charter school;

(d) Maintain an office at the charter school or elsewhere, with regular hours of operation and voice messaging stating the hours of operation;

(e) Maintain existing insurance coverage in force for the period required by the sponsor of the charter school;

(f) Conduct a financial audit and an inventory of all the assets of the charter school and cause a written report of the audit and inventory to be prepared for the sponsor of the charter school and the Department;

(g) Prepare a written list of the creditors of the charter school, identifying secured creditors and the assets in which those creditors have a security interest;

(h) Supply any information or documents required by the sponsor of the charter school; and

(i) Protect all the assets of the charter school from theft, misappropriation, deterioration or other loss.

2. The notice of the closure required by subsection 1 must include:

(a) The date of closure;

(b) A statement of the plan of the charter school to assist pupils to identify and transfer to another school; and

3. The administrator appointed pursuant to subsection 1 shall carry out the duties prescribed for the governing body of the charter school by paragraphs (c) to (i), inclusive, of subsection 1 if the governing body ceases to exist or is otherwise unable to perform those duties and shall assume the responsibility for the records of the:

(a) Charter school;

(b) Employees of the charter school; and

4. If an administrator for the charter school is no longer available to carry out the duties set forth in subsection 3, the governing body of the charter school shall appoint a qualified person to assume those duties.

5. If the governing body of the charter school ceases to exist or is otherwise unable to appoint an administrator pursuant to subsection 1 or a qualified person pursuant to subsection 4, the sponsor of the charter school shall appoint an administrator or a qualified person to carry out the duties set forth in subsection 3.

6. In addition to performing the duties set forth in subsection 3, the administrator appointed by the governing body of the charter school or the sponsor, or the qualified person appointed to carry out the duties of the administrator, shall:

(a) Cause to be paid and discharged all the liabilities and obligations of the charter school to the extent of the charter school’s assets;

(b) Terminate any lease, service agreement or any other contract of the charter school that is not necessary to complete the closure of the charter school;

(d) After the financial affairs of the charter school have been wound up and the closure of the charter school has otherwise been completed, cause a financial audit to be prepared and cause a written report of the audit to be prepared for the sponsor of the charter school and the Department.

7. The governing body of the charter school or the sponsor of the charter school may, to the extent practicable, provide financial compensation to the administrator or person appointed to carry out the provisions of this section. If the sponsor of the charter school provides such financial compensation, the sponsor is entitled to receive reimbursement from the charter school for the costs incurred by the sponsor in providing the financial compensation. Such reimbursement must not exceed costs incurred for a period longer than 6 months.

(Added to NRS by 2007, 1255; A 2009, 933; 2013, 1596, 2924, 2925; 2015, 3282, 3284)

GOVERNING BODY OF CHARTER SCHOOL

1. Unless a waiver is granted pursuant to subsection 2 of NRS 388A.243, the governing body of a charter school must consist of:

(a) One member who is a teacher or other person licensed pursuant to chapter 391 of NRS or who previously held such a license and is retired, as long as his or her license was held in good standing.

(b) One member who:

(1) Satisfies the qualifications of paragraph (a); or

(2) Is a school administrator with a license issued by another state or who previously held such a license and is retired, as long as his or her license was held in good standing.

(c) One parent or legal guardian of a pupil enrolled in the charter school who is not a teacher or an administrator at the charter school.

(d) Two members who possess knowledge and experience in one or more of the following areas:

(1) Accounting;

(2) Financial services;

(3) Law; or

(4) Human resources.

2. In addition to the members who serve pursuant to subsection 1, the governing body of a charter school may include, without limitation, parents and representatives of nonprofit organizations and businesses. Unless a waiver is granted pursuant to subsection 2 of NRS 388A.243, not more than two persons who serve on the governing body may represent the same organization or business or otherwise represent the interests of the same organization or business. A majority of the members of the governing body must reside in this State. If the membership of the governing body changes, the governing body shall provide written notice to the sponsor of the charter school within 10 working days after such change.

3. A person may serve on the governing body only if the person submits an affidavit to the sponsor of the charter school indicating that the person:

(a) Has not been convicted of a felony relating to serving on the governing body of a charter school or any offense involving moral turpitude.

(b) Has received training or read and understands material concerning the roles and responsibilities of members of governing bodies of charter schools and other training and material designed to assist the governing bodies of charter schools, if such training and material is provided to the person by the sponsor or an application to form a charter school or amend a charter contract provides that the member would receive such training or read and understand such material.

4. A person who wishes to serve on the governing body shall disclose to the sponsor of the charter school any conflicts of interest concerning the person or any family member of the person and a charter management organization, educational management organization or other person with which the governing body of the charter school has entered into a contract to provide any services at the charter school in the immediately preceding year.

5. The governing body of a charter school is a public body. It is hereby given such reasonable and necessary powers, not conflicting with the Constitution and the laws of the State of Nevada, as may be requisite to attain the ends for which the charter school is established and to promote the welfare of pupils who are enrolled in the charter school.

6. The governing body of a charter school shall, during each calendar quarter, hold at least one regularly scheduled public meeting in the county in which a facility operated by the charter school where pupils receive instruction is located. Upon an affirmative vote of a majority of the membership of the governing body, each member is entitled to receive a salary of not more than $80 for attendance at each meeting, as fixed by the governing body, not to exceed payment for more than one meeting per month.

7. As used in subsection 1, “teacher” means a person who:

(a) Holds a current license to teach issued pursuant to chapter 391 of NRS or who previously held such a license and is retired, as long as his or her license was held in good standing; and

(b) Has at least 2 years of experience as an employed teacher.

Ê The term does not include a person who is employed as a substitute teacher.

(Added to NRS by 1999, 3290; A 2001, 3131; 2003, 2697; 2005, 2539; 2007, 2574; 2011, 3053; 2013, 1669, 3827; 2015, 3290, 3291; 2021, 2227)

NRS 388A.323 Fingerprinting of members; removal of member convicted of certain crimes.

1. Within 10 days after being appointed to the governing body of a charter school, each member of a governing body, except a licensed teacher or other person licensed by the Superintendent of Public Instruction, must, as a condition to membership, submit to the governing body a complete set of the member’s fingerprints and written permission authorizing the governing body to forward the fingerprints to the Central Repository for Nevada Records of Criminal History for its report on the criminal history of the applicant and for submission to the Federal Bureau of Investigation for its report on the criminal history of the member.

2. If the reports on the criminal history of the member indicate that the member has not been convicted of a felony or an offense involving moral turpitude, the member may continue to serve on the governing body.

3. If a report on the criminal history of a member indicates that the member has been convicted of a felony or an offense involving moral turpitude, the governing body of the charter school must remove the member.

(Added to NRS by 2015, 3256)

RECONSTITUTION OF GOVERNING BODY OF CHARTER SCHOOL

1. Except as otherwise provided in subsection 6, the sponsor of a charter school may reconstitute the governing body of a charter school or terminate a charter contract before the expiration of the charter if the sponsor determines that:

(a) The charter school, its officers or its employees:

(1) Committed a material breach of the terms and conditions of the charter contract;

(2) Failed to comply with generally accepted standards of fiscal management; or

(3) Failed to comply with the provisions of this chapter or any other statute or regulation applicable to charter schools;

(b) The charter school has filed for a voluntary petition of bankruptcy, is adjudicated bankrupt or insolvent, or is otherwise financially impaired such that the charter school cannot continue to operate;

(c) There is reasonable cause to believe that reconstitution or termination is necessary to protect the health and safety of the pupils who are enrolled in the charter school or persons who are employed by the charter school from jeopardy, or to prevent damage to or loss of the property of the school district or the community in which the charter school is located;

(d) The committee to form the charter school or charter management organization, as applicable, or any member of the committee to form the charter school or charter management organization, as applicable, or the governing body of the charter school has at any time made a material misrepresentation or omission concerning any information disclosed to the sponsor;

(e) The charter school operates a high school that has a graduation rate for the immediately preceding school year that is less than 60 percent;

(f) The charter school operates an elementary or middle school or junior high school that is rated in the lowest 5 percent of elementary schools, middle schools or junior high schools in the State in pupil achievement and school performance for the immediately preceding school year, as determined by the Department pursuant to the statewide system of accountability for public schools; or

(g) The charter school has persistently underperformed, including, without limitation, underperformance in pupil achievement and school performance, as determined by the Department pursuant to criteria prescribed by regulation.

2. Before the sponsor reconstitutes a governing body or terminates a charter contract, the sponsor shall provide written notice of its intention to the governing body of the charter school. The written notice must:

(a) Include a statement of the deficiencies or reasons upon which the action of the sponsor is based;

(b) Except as otherwise provided in subsection 4, prescribe a period, not less than 30 days, during which the charter school may correct the deficiencies, including, without limitation, the date on which the period to correct the deficiencies begins and the date on which that period ends;

(c) Prescribe the date on which the sponsor will make a determination regarding whether the charter school has corrected the deficiencies, which determination may be made during the public hearing held pursuant to subsection 3; and

(d) Prescribe the date on which the sponsor will hold a public hearing to consider whether to reconstitute the governing body or terminate the charter contract.

3. Except as otherwise provided in subsection 4, not more than 90 days after the notice is provided pursuant to subsection 2, the sponsor shall hold a public hearing to make a determination regarding whether to reconstitute the governing body or terminate the charter contract. If the charter school corrects the deficiencies to the satisfaction of the sponsor within the time prescribed in paragraph (b) of subsection 2, the sponsor shall not reconstitute the governing body or terminate the charter contract of the charter school. The sponsor may not include in a written notice pursuant to subsection 2 any deficiency which was included in a previous written notice and which was corrected by the charter school, unless the deficiency recurred after being corrected or the sponsor determines that the deficiency is evidence of an ongoing pattern of deficiencies in a particular area.

4. The sponsor of a charter school and the governing body of the charter school may enter into a written agreement that prescribes different time periods than those set forth in subsections 2 and 3.

5. If the governing body of a charter school is reconstituted or the charter contract is terminated, the sponsor of the charter school shall submit a written report to the Department and the governing body of the charter school setting forth the reasons for the reconstitution or termination, as applicable, not later than 10 days after reconstituting the governing body or terminating the charter contract.

6. The governing body of a charter school may not be reconstituted if it has been previously reconstituted.

7. If the sponsor of a charter school determines that not all of the elementary, middle or high schools in or campuses of the charter school meet the criteria described in paragraphs (a) to (g), inclusive, of subsection 1 and that the charter school can remain financially viable if the charter school continues to operate and serve only the elementary, middle or high schools or campuses which do not meet the criteria described in those paragraphs, the sponsor may amend the charter contract to eliminate the elementary, middle or high schools or campuses that meet the criteria described in paragraphs (a) to (g), inclusive, of subsection 1 and limit the enrollment in all other elementary, middle or high schools in or campuses of the charter school.

(Added to NRS by 1997, 1848; A 1999, 3296; 2005, 2401; 2011, 3051; 2013, 2922, 2923; 2015, 3280; 2017, 3392, 3394; 2021, 323)

NRS 388A.333 Appointment of new members; review of employees and hiring of new employees.

1. If the sponsor of a charter school reconstitutes the governing body of a charter school pursuant to NRS 388A.330, the sponsor must appoint new members to the governing body who meet the qualifications for membership set forth in NRS 388A.320. The sponsor shall not reappoint more than 40 percent of the members of the previous governing body. Before appointing new members to the governing body, the sponsor must consider:

(a) Input from members of the community in which the charter school is located and parents of pupils who attend the charter school.

(b) Any relevant credentials, experience or other qualifications of a potential member, including, without limitation, whether the potential member resides in the geographic area served by the charter school or has experience in education.

2. If the sponsor of a charter school reconstitutes the governing body of a charter school pursuant to NRS 388A.330, the principal of the charter school or another administrator of the charter school appointed by the reconstituted governing body shall:

(a) Review each employee of the charter school to determine whether to retain the employee based on the needs of the school and the ability of the employee to improve pupil achievement and school performance at the charter school. The new governing body may terminate the employment of any teachers or other employees of the charter school or, if possible, may reassign teachers or other employees to another school.

(b) Collaborate with the new governing body in making hiring determinations for the charter school.

(Added to NRS by 2015, 3254, 3310)

1. A sponsor that solicits proposals to operate an additional campus of an existing charter school shall allow parents of pupils who were enrolled in the charter school before the termination of the charter contract to interview governing bodies who submit proposals and, if three or more proposals are submitted pursuant to paragraph (b) of subsection 1 of NRS 388A.303, cast an advisory vote for the governing body that they would prefer be given the opportunity to operate the campus.

2. If a governing body is selected pursuant to NRS 388A.333 to operate another campus of an existing charter school to replace a charter school whose charter contract has been terminated and any necessary amendments or applications are approved, the charter school must enroll pupils who were enrolled in the charter school whose charter contract was terminated before enrolling other pupils.

3. If the sponsor of a charter school selects a governing body to operate another campus of an existing charter school to replace a charter school whose charter contract has been terminated, the new governing body is not required to offer employment to any teacher or other employee of the charter school whose charter contract has been terminated.

(Added to NRS by 2015, 3254, 3310)

REPORTS BY GOVERNING BODY AND SPONSOR

NRS 388A.345 Annual reports of budget required; compilation of reports by Superintendent of Public Instruction.

1. On or before November 1 of each year, the governing body of each charter school shall submit to the sponsor of the charter school, the Superintendent of Public Instruction and the Director of the Legislative Counsel Bureau for transmission to the Majority Leader of the Senate and the Speaker of the Assembly a report that includes:

(a) A written description of the progress of the charter school in achieving the mission and goals of the charter school set forth in its application.

(b) For each fund maintained by the charter school, including, without limitation, the general fund of the charter school and any special revenue fund which receives state money, the total number and salaries of licensed and nonlicensed persons whose salaries are paid from the fund and who are employed by the governing body in full-time positions or in part-time positions added together to represent full-time positions. Information must be provided for the current school year based upon the final budget of the charter school, including any amendments and augmentations thereto, and for the preceding school year. An employee must be categorized as filling an instructional, administrative, instructional support or other position.

(d) The proposed expenditures of the charter school for the current fiscal year.

(e) The salary schedule for licensed employees and nonlicensed teachers in the current school year and a statement of whether salary negotiations for the current school year have been completed. If salary negotiations have not been completed at the time the salary schedule is submitted, the governing body shall submit a supplemental report to the Superintendent of Public Instruction upon completion of negotiations.

(f) The number of employees eligible for health insurance within the charter school for the current and preceding fiscal years and the amount paid for health insurance for each such employee during those years.

(g) The rates for fringe benefits, excluding health insurance, paid by the charter school for its licensed employees in the preceding and current fiscal years.

(h) The amount paid for extra duties, supervision of extracurricular activities and supplemental pay and the number of employees receiving that pay in the preceding and current fiscal years.

2. On or before November 25 of each year, the Superintendent of Public Instruction shall submit to the Office of Finance and the Fiscal Analysis Division of the Legislative Counsel Bureau, in a format approved by the Director of the Office of Finance, a compilation of the reports made by each governing body pursuant to subsection 1.

3. The Superintendent of Public Instruction shall, in the compilation required by subsection 2, reconcile the revenues and expenditures of the charter schools with the apportionment received by those schools from the State Education Fund for the preceding year.

(Added to NRS by 1997, 1855; A 2009, 937; 2013, 2637; 2019, 4226)

NRS 388A.348 Submission of accountability information to sponsor of charter school. On or before August 31 of each year, the governing body of a charter school shall submit the information concerning the charter school that is required pursuant to NRS 385A.070 to the sponsor of the charter school for inclusion in the report required pursuant to that section. The information must be submitted in a format prescribed by the sponsor of the charter school.

(Added to NRS by 1997, 1847; A 1999, 2664, 3305; 2001, 1482, 3140; 2003, 19th Special Session, 46; 2005, 1174, 2409, 2545; 2007, 1958; 2009, 2326; 2011, 116, 577, 2370; 2013, 1923)—(Substituted in revision for NRS 386.605)

NRS 388A.351 Annual report by sponsor of charter school.

1. On or before February 15 of each year, the sponsor of a charter school shall submit a written report to the Department on a form prescribed by the Department. The written report must include:

(a) A summary evaluating the academic, financial and organizational performance of the charter school, as measured by the performance indicators, measures and metrics set forth in the performance framework for the charter school.

(b) An identification of each charter school approved by the sponsor:

(1) Which has not opened and the scheduled time for opening, if any;

(2) Which is open and in operation;

(3) Which has transferred sponsorship;

(4) Whose charter contract has been terminated by the sponsor;

(5) Whose charter contract has not been renewed by the sponsor; and

(6) Which has voluntarily ceased operation.

(c) A description of the strategic vision of the sponsor for the charter schools that it sponsors and the progress of the sponsor in achieving that vision.

(d) A description of the services provided by the sponsor pursuant to a service agreement entered into with the governing body of the charter school pursuant to NRS 388A.381, including an itemized accounting of the actual costs of those services.

(e) The amount of any money from the Federal Government that was distributed to the charter school, any concerns regarding the equity of such distributions and any recommendations on how to improve access to and distribution of money from the Federal Government.

2. On or before April 1 of each year, the Department shall submit to the State Board the report required pursuant to this section, to be reviewed by the State Board.

(Added to NRS by 1997, 1847; A 2001, 3141; 2005, 2410, 2546; 2007, 2577; 2009, 916, 938; 2011, 2371; 2013, 1670, 2936, 2937; 2019, 2069)

NRS 388A.3515 Annual submission of report of certain information on charter school by city or county sponsoring such a school.

1. On or before February 1 of each year, a city or county that sponsors a charter school shall submit a report to the Department, the State Public Charter School Authority and the Director of the Legislative Counsel Bureau for transmission to the next regular session of the Legislature, if the report is submitted in an odd-numbered year, or to the Legislative Commission, if the report is submitted in an even-numbered year. The report must set forth:

(a) The location of the charter school;

(b) The geographic area of the city or county served by the charter school;

(d) The number and percentage of pupils enrolled in the charter school by each zip code of the city or county served by the charter school;

(e) The number and percentage of pupils enrolled in the charter school from major racial and ethnic groups;

(f) The number and percentage of pupils enrolled in the charter school whose household has a household income which:

(1) Is less than 100 percent of the federally designated level signifying poverty;

(2) Is more than 100 percent but not more than 200 percent of the federally designated level signifying poverty;

(3) Is more than 200 percent but not more than 300 percent of the federally designated level signifying poverty; and

(4) Is more than 300 percent of the federally designated level signifying poverty;

(g) The number and percentage of pupils enrolled in the charter school who are eligible for free or reduced-priced lunches pursuant to 42 U.S.C. §§ 1751 et. seq.;

(h) The number and percentage of pupils enrolled in the charter school who have individualized education programs;

(i) The number and percentage of pupils enrolled in the charter school who are English learners;

(j) The number and percentage of pupils enrolled in the charter school who were previously enrolled in a Title I school; and

(k) The number and percentage of pupils enrolled in the charter school who have disabilities.

2. The report required pursuant to this section must not include any personally identifiable information of pupils.

(Added to NRS by 2023, 2178)

NRS 388A.352 Annual posting of certain information regarding charter management organizations and educational management organizations by governing body of charter school on Internet website. Each year, each governing body of a charter school shall post on its Internet website the definition of a charter management organization and an educational management organization and whether the charter school is operated by a charter management organization or receives services from an educational management organization and, if so, the name of the charter management organization or educational management organization.

(Added to NRS by 2021, 2225)

NRS 388A.353 Biennial reports of amounts paid to educational management organizations. On or before November 1 of each even-numbered year, the governing body of each charter school that enters into a contract with an educational management organization shall submit to the sponsor of the charter school a report that includes the amount paid to the educational management organization in the current and immediately preceding fiscal years. On or before November 1 of each even-numbered year, each sponsor of a charter school that enters into a contract with an educational management organization shall submit to the Director of the Legislative Counsel Bureau for transmission to the next regular session of the Legislature a report that includes the amount paid to the educational management organization by the charter school in the current and immediately preceding fiscal years.

(Added to NRS by 2021, 1005)

NRS 388A.354 Disclosure of information relating to charter management organizations and educational management organizations; reports.

1. The governing body of a charter school that receives services from an educational management organization shall:

(a) Post to the Internet website of the charter school:

(1) Each financial audit and each performance audit of the charter school required by the Department pursuant to NRS 388A.105 or 388A.110;

(2) Information on the contract with the charter management organization or the educational management organization, including, without limitation:

(I) The amount of money received by the educational management organization from public and private sources to carry out the terms of the contract;

(II) The expenditures of the educational management organization relating to carrying out the contract, including, without limitation, the payment of salaries, benefits and bonuses; and

(III) An identification of each contract, transaction and agreement entered into by the educational management organization relating to carrying out the contract with the charter school, including, without limitation, contracts, transactions and agreements with parent organizations, subsidiaries and partnerships of the educational management organization; and

(3) To the extent practicable, information on any contract between a member of the governing body of the charter school or any member of the family of the member of the governing body and another charter school, sponsor of a charter school, charter management organization or educational management organization.

(b) Submit information on the contract with the educational management organization and a letter describing whether the governing body of the charter school is satisfied with the contractual relationship with the educational management organization to the sponsor of the charter school.

2. The sponsor of a charter school may, after reviewing the information provided pursuant to paragraph (b) of subsection 1, request additional information, conduct an investigation or otherwise take action relating to the information received by the sponsor of the charter school.

3. On or before December 15 of each odd-numbered year, the sponsor of a charter school that receives information on a contract between the governing body of a charter school and an educational management organization pursuant to subsection 1 shall submit a report of such information to the Joint Interim Standing Committee on Education.

(Added to NRS by 2021, 2225)

NRS 388A.355 Biennial report of corrective actions taken by sponsor of charter school. On or before December 15 of each odd-numbered year, the sponsor of a charter school must submit a report describing any actions the sponsor of the charter school has taken pursuant to NRS 388A.330 to the Joint Interim Standing Committee on Education if:

1. The charter school has received, within each of the immediately preceding 3 consecutive school years, one of the two lowest ratings of performance pursuant to the statewide system of accountability for public schools; and

2. The governing body of the charter school does not plan to close the charter school pursuant to NRS 388A.306 or change the sponsorship of the charter school pursuant to NRS 388A.231.

(Added to NRS by 2021, 2225)

OPERATIONS

General Provisions

NRS 388A.360 Requirements of facility before commencement of operation.

1. A charter school shall not commence operation in a facility in which the charter school has not previously operated and is not eligible to receive apportionments for pupils enrolled in such a facility pursuant to NRS 387.124 and 387.1241 until the sponsor has determined that the requirements of NRS 388A.231, 388A.270 and 388A.276 have been satisfied and that the facility the charter school will occupy has been inspected and meets the requirements of any applicable building codes, codes for the prevention of fire, and codes pertaining to safety, health and sanitation. Except as otherwise provided in this section, the sponsor shall make such a determination 30 days before the first day of school for the:

(a) Schools of the school district in which the charter school is located that operate on a traditional school schedule and not a year-round school schedule; or

(b) Charter school,

Ê whichever date the sponsor selects.

2. The sponsor shall not require a charter school to demonstrate compliance with the requirements of this section more than 30 days before the date selected. However, it may authorize a charter school to demonstrate compliance less than 30 days before the date selected.

(Added to NRS by 1999, 3289; A 2001, 3129; 2005, 1662, 2400, 2538; 2007, 1256, 2571; 2009, 259; 2011, 2363, 3049; 2013, 2916; 2015, 3274, 3276)—(Substituted in revision for part of NRS 386.527)

NRS 388A.363 Notification to primary law enforcement agency regarding location of charter school.

1. As soon as practicable after commencing operation, but before the first day of the school year, a charter school shall notify the primary law enforcement agency where the charter school is located of:

(a) The location of the charter school;

(b) The names of authorized contact persons for the charter school, including, without limitation, the principal and vice principal of the charter school;

(d) The maximum number of pupils that may enroll in the charter school.

2. As soon as practicable, but not later than 30 days after a charter school relocates or the name of any authorized contact person changes, the charter school shall notify the primary law enforcement agency of the relocation or change.

3. As used in this section, “primary law enforcement agency” means, as applicable:

(a) The police department of an incorporated city;

(b) The sheriff’s office of a county; or

(Added to NRS by 2015, 1735)

1. A charter school shall:

(a) Comply with all laws and regulations relating to discrimination and civil rights.

(b) Remain nonsectarian, including, without limitation, in its educational programs, policies for admission and employment practices.

(c) Refrain from charging tuition or fees, except for tuition or fees that the board of trustees of a school district is authorized to charge, levying taxes or issuing bonds.

(d) Comply with any plan for desegregation ordered by a court that is in effect in the school district in which the charter school is located.

(e) Comply with the provisions of chapter 241 of NRS.

(f) Except as otherwise provided in this paragraph, schedule and provide annually at least as many days of instruction as are required of other public schools located in the same school district as the charter school is located. The governing body of a charter school may submit a written request to the Superintendent of Public Instruction for a waiver from providing the days of instruction required by this paragraph. The Superintendent of Public Instruction may grant such a request if the governing body demonstrates to the satisfaction of the Superintendent that:

(1) Extenuating circumstances exist to justify the waiver; and

(2) The charter school will provide at least as many hours or minutes of instruction as would be provided under a program consisting of 180 days.

(g) Cooperate with the board of trustees of the school district in the administration of the examinations administered pursuant to NRS 390.105 and, if the charter school enrolls pupils at a high school grade level, the college and career readiness assessment administered pursuant to NRS 390.610 to the pupils who are enrolled in the charter school.

(h) Comply with applicable statutes and regulations governing the achievement and proficiency of pupils in this State.

(i) Provide instruction in the core academic subjects set forth in subsection 1 of NRS 389.018, as applicable for the grade levels of pupils who are enrolled in the charter school, and provide at least the courses of study that are required of pupils by statute or regulation for promotion to the next grade or graduation from a public high school and require the pupils who are enrolled in the charter school to take those courses of study. This paragraph does not preclude a charter school from offering, or requiring the pupils who are enrolled in the charter school to take, other courses of study that are required by statute or regulation.

(j) If the parent or legal guardian of a child submits an application to enroll in kindergarten, first grade or second grade at the charter school, comply with NRS 392.040 regarding the ages for enrollment in those grades.

(k) Refrain from using public money to purchase real property or buildings without the approval of the sponsor.

(l) Hold harmless, indemnify and defend the sponsor of the charter school against any claim or liability arising from an act or omission by the governing body of the charter school or an employee or officer of the charter school. An action at law may not be maintained against the sponsor of a charter school for any cause of action for which the charter school has obtained liability insurance.

(m) Provide written notice to the parents or legal guardians of pupils in grades 9 to 12, inclusive, who are enrolled in the charter school of whether the charter school is accredited by the Northwest Accreditation Commission.

(n) Adopt a final budget in accordance with the regulations adopted by the Department. A charter school is not required to adopt a final budget pursuant to NRS 354.598 or otherwise comply with the provisions of chapter 354 of NRS.

(o) If the charter school provides a program of distance education pursuant to NRS 388.820 to 388.874, inclusive, comply with all statutes and regulations that are applicable to a program of distance education for purposes of the operation of the program.

2. A charter school shall not provide instruction through a program of distance education to children who are exempt from compulsory enrollment and attendance pursuant to NRS 392.070. As used in this subsection, “distance education” has the meaning ascribed to it in NRS 388.826.

(Added to NRS by 1997, 1849; A 1999, 2664, 3256, 3297, 3383; 2001, 238, 240, 3132; 2013, 3262; 2015, 3292, 3801; 2017, 3238; 2023, 1202)

1. A charter school shall mail a written notification to the parent or legal guardian of each pupil enrolled in the charter school and post a notice prominently on the Internet website of the charter school within 5 business days after:

(a) The Department reports that the graduation rate of the charter school for that school year was less than 67 percent;

(b) The Department reports that the charter school was rated in the lowest 5 percent of public schools in the State pursuant to the statewide system of accountability for public schools;

(c) The Department reports that the charter school received an annual rating established as one of the two lowest ratings possible indicating underperformance of a public school, as determined by the Department pursuant to the statewide system of accountability for public schools;

(d) The governing body of the charter school submits to the sponsor of the charter school a written request for an amendment of the charter contract of the charter school which would result in the:

(1) Relocation of the charter school to a location more than 1 mile from its current location;

(2) Closure of a campus of the charter school or the elimination of one or more grade levels; or

(3) Reduction of enrollment as a result of an academic, financial or organizational issue;

(e) The sponsor of the charter school issues a notice of intent to terminate the charter contract of the charter school; or

(f) The sponsor of the charter school terminates the charter contract of the charter school.

2. Within 10 days after a charter school provides all notices required by subsection 1, the charter school shall certify compliance with that subsection to the sponsor of the charter school.

3. A written notice provided to a parent or legal guardian pursuant to subsection 1 must include a list of other public schools to which a pupil may transfer if the charter school closes or adopts changes which a parent or legal guardian finds unacceptable.

4. Within 30 days after a charter school provides the notice required by subsection 1 and on a date determined by the sponsor of the charter school, the charter school shall hold a public hearing to discuss a plan to correct any issue which caused the issuance of such a notice and to solicit suggestions to improve the performance of the charter school.

(Added to NRS by 2017, 3379; A 2017, 3404)

NRS 388A.369 Interference by school district with operation and management prohibited. The board of trustees of a school district in which a charter school is located shall not:

1. Assign any pupil who is enrolled in a public school in the school district or any employee who is employed in a public school in the school district to a charter school.

2. Interfere with the operation and management of the charter school except as authorized by the charter contract, this chapter and any other statute or regulation applicable to charter schools or its officers or employees.

(Added to NRS by 1997, 1848; A 1999, 3300; 2013, 2928)

Services and Facilities

1. The governing body of a charter school may contract with the board of trustees of the school district in which the charter school is located or in which a pupil enrolled in the charter school resides, with the Nevada System of Higher Education or with a city or county for the provision of facilities to operate the charter school or to perform any service relating to the operation of the charter school, including, without limitation, transportation, the provision of health services for the pupils who are enrolled in the charter school and the provision of school police officers. If the board of trustees of a school district, a college or university within the Nevada System of Higher Education or a city or county is the sponsor of the charter school, the governing body and the sponsor must enter into a service agreement pursuant to NRS 388A.381 before the provision of such services other than for the provision of school police officers when the provisions of NRS 388A.384 apply. If the board of trustees of a school district provides services to a charter school pursuant to this section or NRS 388A.474, it shall not charge more than its cost for providing such services determined on a cost per pupil basis.

2. A charter school may use any public facility located within the school district in which the charter school is located. A charter school may use school buildings owned by the school district only upon approval of the board of trustees of the school district.

3. The board of trustees of a school district may donate surplus personal property of the school district to a charter school that is located within the school district.

4. A charter school may:

(a) Acquire by construction, purchase, devise, gift, exchange or lease, or any combination of those methods, and construct, reconstruct, improve, maintain, equip and furnish any building, structure or property to be used for any of its educational purposes and the related appurtenances, easements, rights-of-way, improvements, paving, utilities, landscaping, parking facilities and lands;

(b) Mortgage, pledge or otherwise encumber all or any part of its property or assets;

(d) Use public money to purchase real property or buildings with the approval of the sponsor.

(Added to NRS by 1997, 1850; A 1999, 3299; 2001, 3133; 2007, 2575; 2009, 934; 2011, 2366, 3055; 2013, 1598; 2015, 1735, 3293, 3802; 2023, 2186)

1. The governing body of a charter school may contract with the sponsor of the charter school for the purchase of services, excluding those services which are covered by the sponsorship fee paid to the sponsor pursuant to NRS 388A.414. If the governing body of a charter school elects to purchase such services, the governing body and the sponsor shall enter into an annual service agreement which is separate from the charter contract of the charter school.

2. If a service agreement is entered into pursuant to this section, the sponsor of the charter school shall, not later than August 1 after the completion of the school year, provide to the governing body of the charter school an itemized accounting of the actual costs of those services purchased by the charter school. Any difference between the amount paid by the charter school pursuant to the service agreement and the actual cost for those services must be reconciled and paid to the party to whom it is due. If the governing body or the sponsor disputes the amount due, the party making the dispute may request an independent review by the Department, whose determination is final.

3. The governing body of a charter school may not be required to enter into a service agreement pursuant to this section as a condition to approval of its charter contract by the sponsor of the charter school or as a condition to renewal of the charter contract.

(Added to NRS by 2011, 2356; A 2013, 2927, 2928)

1. If the governing body of a charter school makes a request to the board of trustees of the school district in which the charter school is located for the provision of school police officers pursuant to NRS 388A.378, the board of trustees of the school district must enter into a contract with the governing body for that purpose. Such a contract must provide for payment by the charter school for the provision of school police officers by the school district which must be in an amount not to exceed the actual cost to the school district of providing the officers, including, without limitation, any other costs associated with providing the officers. If the school district is the sponsor of the charter school, the contract entered into pursuant to this section must be separate from any other contract or agreement with the sponsor.

2. Any contract for the provision of school police officers pursuant to this section must be entered into between the governing body of the charter school and the board of trustees of the school district by not later than March 15 for the next school year and must provide for the provision of school police officers for not less than 3 school years.

3. A school district that enters into a contract pursuant to this section with a charter school for the provision of school police officers is immune from civil and criminal liability for any act or omission of a school police officer that provides services to the charter school pursuant to the contract.

4. The governing body of a charter school shall ensure that each school police officer receives training in active assailant movement techniques before beginning his or her service as a school police officer.

5. As used in this section, “active assailant movement techniques” has the meaning ascribed to it in NRS 388.243.

(Added to NRS by 2015, 1734; A 2023, 2843)

Miscellaneous Provisions

NRS 388A.393 Prohibited provisions of contracts with contractors or educational management organizations.

1. A contract or a proposed contract between a charter school or a proposed charter school and a contractor or an educational management organization must not:

(a) Give to the contractor or educational management organization direct control of educational services, financial decisions, the appointment of members of the governing body, or the hiring and dismissal of an administrator or financial officer of the charter school or proposed charter school;

(b) Authorize the payment of loans, advances or other monetary charges from the contractor or educational management organization which are greater than 15 percent of the total expected funding received by the charter school or proposed charter school from the State Education Fund;

(c) Require the charter school or proposed charter school to prepay any fees to the contractor or educational management organization;

(d) Require the charter school or proposed charter school to pay the contractor or educational management organization before the payment of other obligations of the charter school or proposed charter school during a period of financial distress;

(e) Allow a contractor or educational management organization to cause a delay in the repayment of a loan or other money advanced by the contractor or educational management organization to the charter school or proposed charter school, which delay would increase the cost to the charter school or proposed charter school of repaying the loan or advance;

(f) Require the charter school or proposed charter school to enroll a minimum number of pupils for the continuation of the contract between the charter school or proposed charter school and the contractor or educational management organization;

(g) Require the charter school or proposed charter school to request or borrow money from this State to pay the contractor or educational management organization if the contractor or educational management organization will provide financial management to the charter school or proposed charter school;

(h) Contain a provision which restricts the ability of the charter school or proposed charter school to borrow money from a person or entity other than the contractor or educational management organization;

(i) Provide for the allocation to the charter school or proposed charter school of any indirect cost incurred by the contractor or educational management organization;

(j) Authorize the payment of fees to the contractor or educational management organization which are not attributable to the actual services provided by the contractor or educational management organization;

(k) Allow any money received by the charter school or proposed charter school from this State or from the board of trustees of a school district to be transferred to or deposited in a bank, credit union or other financial institution outside this State, including money controlled by the contractor or educational management organization;

(l) Except as otherwise provided in this paragraph, provide incentive fees to the contractor or educational management organization. A contract or a proposed contract may provide to the contractor or educational management organization incentive fees that are based on the academic improvement of pupils enrolled in the charter school;

(m) Require automatic renewal of the contract or provide that the contract remains in effect if the governing body of a charter school is reconstituted or a charter contract is terminated pursuant to NRS 388A.300 or 388A.330, as applicable;

(n) Contain any provision that would delay or prevent the approval of an application by the governing body of the charter school for an exemption from federal taxation pursuant to 26 U.S.C. § 501(c)(3);

(o) Require the governing body of the charter school to pay any costs associated with ensuring that services comply with state and federal law;

(p) Provide that the contractor or educational management organization is not liable for failing to comply with the requirements of the contract; or

(q) Provide for the enforcement of terms of the contract that conflict with an applicable charter contract or federal or state law.

2. As used in this section, “contractor” or “educational management organization” means a corporation, business, organization or other entity, whether or not conducted for profit, with whom a committee to form a charter school or the governing body of a charter school, as applicable, contracts to assist with the operation, management or provision and implementation of educational services and programs of the charter school or proposed charter school. The term includes a corporation, business, organization or other entity that directly employs and provides personnel to a charter school or proposed charter school.

(Added to NRS by 2011, 2356; A 2013, 1599; 2015, 3295, 3296; 2019, 4227)

1. A charter school that has received, within the immediately preceding 2 consecutive school years, one of the three highest ratings of performance pursuant to the statewide system of accountability for public schools may request that its sponsor submit a request to the Commission on Professional Standards in Education for an expedited review of an application to become a qualified provider of an alternative route to licensure pursuant to subparagraph (1) of paragraph (a) of subsection 1 of NRS 391.019.

2. A charter management organization which operates a charter school that has received, within the immediately preceding 2 consecutive school years, one of the three highest ratings of performance pursuant to the statewide system of accountability for public schools, or equivalent ratings in another state, as determined by the Department, and which intends to form a new charter school in this State may request that its proposed sponsor submit a request to the Commission on Professional Standards in Education for an expedited review of an application to become a qualified provider of an alternative route to licensure pursuant to subparagraph (1) of paragraph (a) of subsection 1 of NRS 391.019.

3. If a sponsor or proposed sponsor receives a request pursuant to subsection 1 or 2 and determines that the charter school or charter management organization, as applicable, is eligible to become a qualified provider, the sponsor or proposed sponsor may submit a request for an expedited review of the appropriate application to the Commission on Professional Standards in Education.

4. A charter school or charter management organization may include in a request made pursuant to subsection 1 or 2 a request for the Commission on Professional Standards in Education to waive any requirement which may apply to a program for an alternative route to licensure that is not prescribed by NRS 391.019. If the sponsor or proposed sponsor, as applicable, approves the request made pursuant to this subsection, the sponsor or proposed sponsor may include the request for a waiver with the request for an expedited review submitted pursuant to subsection 3.

5. Upon receipt of the written request of a sponsor of a charter school or a proposed sponsor of a charter management organization for an expedited review submitted pursuant to subsection 3 and an application to become a qualified provider, the Commission on Professional Standards in Education shall review the application to become a qualified provider and approve or deny the application within 45 days after receipt of the application and the written request. If the request for an expedited review includes a request for a waiver pursuant to subsection 4, the Commission on Professional Standards in Education shall waive any requirement which may apply to a program for an alternative route to licensure that is not prescribed by NRS 391.019.

(Added to NRS by 2017, 3380)

1. The governing body of a charter school that receives one of the three highest ratings of performance pursuant to the statewide system of accountability for public schools may submit a written request for the sponsor of the charter school to authorize the establishment of an experimental academic program or new school model in the charter school. If the sponsor of the charter school approves the request, such a program or model must be established in the charter school. Enrollment in such a program or model:

(a) Must not exceed 50 pupils during the first year in which the program or model is in operation.

(b) Must not exceed 100 pupils during the second year in which the program or model is in operation.

(d) Must not exceed any number prescribed by the sponsor of the charter school during the fourth year in which the program or model is in operation, or any year thereafter.

2. If an experimental academic program or new school model established pursuant to subsection 1 receives one of the three highest ratings of performance pursuant to the statewide system of accountability for public schools, the governing body of the charter school in which the program or model is established may:

(a) Submit to the sponsor of the charter school a written request for an amendment of the charter contract to divide the charter school into multiple charter schools operating under the same governing body; or

(b) Establish a committee to form a charter school and submit to a proposed sponsor an application to form a charter school using the experimental academic program or new school model.

3. If the sponsor of a charter school grants a request for an amendment of the charter contract submitted pursuant to subsection 2, the sponsor shall negotiate and execute a charter contract with the governing body of the charter school for each experimental academic program or new school model.

4. Before a charter school formed pursuant to this section enrolls any pupil who is eligible for enrollment pursuant to NRS 388A.453 and 388A.456, the charter school may enroll a child who was enrolled in the experimental academic program or new school model before the charter school was formed.

(Added to NRS by 2017, 3381; A 2017, 3405)

NRS 388A.3936 Authorization to award money for transportation of pupils; transportation plan required; criteria for approval of plan.

1. The State Public Charter School Authority may award money to a charter school for the transportation of pupils to the extent money has been appropriated for that purpose.

2. A charter school must not receive money pursuant to subsection 1 unless the State Public Charter School Authority has approved a transportation plan for the charter school.

3. Each charter school that wishes to receive money pursuant to subsection 1 must submit a transportation plan to the State Public Charter School Authority. The State Public Charter School Authority may approve the transportation plan of a charter school if it determines:

(a) The transportation plan is comprehensive and likely to be successfully implemented;

(b) The transportation plan will materially improve access to education in the region served by the transportation plan;

(c) The transportation plan demonstrates that the charter school will be able to comply with statutory and regulatory transportation requirements, including, without limitation, the certification of bus drivers and vehicle safety;

(d) The transportation plan is financially viable;

(e) The transportation plan would not cost more, on a per pupil basis, than the average cost for transportation for other public schools operating in the school district in which the charter school is located; and

(f) The academic, financial and organizational performance of the charter school indicate that the transportation plan is in the interest of pupils who will be served by the transportation plan.

(Added to NRS by 2023, 2178)

NRS 388A.3938 Governing body of charter school to enter memorandum of understanding with certain organizations to assist victims of power-based violence.

1. The governing body of each charter school shall enter into a memorandum of understanding with a community-based organization that assists victims of power-based violence. The memorandum of understanding may, without limitation:

(a) Allow for cooperation and training between the charter school and the community-based organization that assists victims of power-based violence to establish an understanding of the:

(1) Responsibilities that the charter school and the community-based organization that assists victims of power-based violence have in responding to a report or disclosure of an alleged incident of power-based violence; and

(2) Procedures of the charter school for providing support and services to pupils and employees.

(b) Require a community-based organization that assists victims of power-based violence to:

(1) Assist with developing policies, programming or training for the charter school regarding power-based violence;

(2) Provide an alternative for a pupil or employee of the charter school to receive free counseling, advocacy or crisis services related to an alleged incident of power-based violence, including, without limitation, access to a health care provider who specializes in forensic medical examinations;

(3) Assist with the development and implementation of education and prevention programs for pupils enrolled at the charter school; and

(4) Assist with the development and implementation of training and prevention curriculum for employees of the charter school.

(c) Include a fee structure for any services provided by the community-based organization that assists victims of power-based violence.

2. If a teacher or administrator of the charter school is informed by a pupil that the pupil has been a victim of power-based violence, the teacher or administrator shall refer the pupil to the community-based organization that assists victims of power-based violence.

3. As used in this section:

(a) “Forensic medical examination” has the meaning ascribed to it in NRS 217.300.

(b) “Power-based violence” has the meaning ascribed to it in NRS 396.1285.

(Added to NRS by 2023, 3147)

COMPLAINTS RELATING TO CHARTER SCHOOLS SPONSORED BY THE STATE PUBLIC CHARTER SCHOOL AUTHORITY

NRS 388A.395 Applicability. The provisions of NRS 388A.395 to 388A.3975, inclusive, apply only to a charter school which is sponsored by the State Public Charter School Authority.

(Added to NRS by 2017, 3376)

NRS 388A.3955 Persons authorized to file written complaint with State Public Charter School Authority alleging certain violations; investigation of allegations.

1. Except as otherwise provided by federal law, a parent or legal guardian of a pupil enrolled in a charter school, a pupil who is at least 18 years of age enrolled in a charter school, a member of the governing body of a charter school or an employee of a charter school may file a written complaint relating to that charter school with the State Public Charter School Authority which alleges a violation of the provisions of this chapter, the charter contract of the charter school or any other provision of law or regulation relating to the management or operation of the charter school.

2. Upon receipt of a complaint filed pursuant to subsection 1, the State Public Charter School Authority shall investigate the allegations contained within the complaint, conduct a review to determine whether the charter school has complied with the provisions of this chapter, the charter contract and respond in writing to the complaining party within 30 days after receipt of the complaint. The staff of the charter school and any other person named in the complaint shall cooperate with the State Public Charter School Authority during such an investigation.

(Added to NRS by 2017, 3376; A 2017, 3402)

1. A parent or legal guardian of a pupil enrolled in a charter school, a pupil who is at least 18 years of age enrolled in a charter school, a member of the governing body of a charter school or an employee of a charter school who has evidence that a charter school has violated any state or federal law or regulation relating to special education or pupils who are English learners may file a complaint relating to that charter school directly with the Department and notify the State Public Charter School Authority in writing. The Department shall investigate the complaint and notify the State Public Charter School Authority of its findings.

2. A person who has evidence that a charter school or an employee or vendor of a charter school has committed a crime shall file a complaint directly with a law enforcement agency and notify the State Public Charter School Authority in writing. The law enforcement agency may investigate the complaint and notify the State Public Charter School Authority of its findings.

3. A person who has evidence that a charter school has violated any law or regulation which is within the jurisdiction of an agency of this State other than the Department may file a complaint directly with the appropriate agency and notify the State Public Charter School Authority in writing. If the agency determines that credible evidence exists to support the complaint, the agency shall investigate the complaint and notify the State Public Charter School Authority of its findings.

4. The State Public Charter School Authority shall accept the findings of the Department, a law enforcement agency or an agency pursuant to subsection 1, 2 or 3, as applicable, as conclusive unless it is shown that the Department, law enforcement agency or agency acted with fraud or a gross abuse of discretion.

(Added to NRS by 2017, 3376)

1. A parent or legal guardian of a pupil enrolled in a charter school, a pupil who is at least 18 years of age enrolled in a charter school, a member of the governing body of a charter school or an employee of a charter school may file a complaint relating to that charter school directly with the State Public Charter School Authority if the person has evidence that the charter school has:

(a) Violated any law or regulation relating to the health and safety of pupils;

(b) Violated any law or regulation relating to the civil rights of pupils, except for a law or regulation described in subsection 1 of NRS 388A.396;

(c) Violated any law or regulation or policy of the sponsor of the charter school relating to the enrollment, suspension or expulsion of pupils;

(d) Committed fraud, financial mismanagement or financial malfeasance; or

(e) Committed academic dishonesty, including, without limitation, engaging in a policy or practice that has the intent or effect of inappropriately increasing the graduation rate or inappropriately increasing performance on assessments mandated by this State or the State Public Charter School Authority.

2. If the State Public Charter School Authority determines that credible evidence exists to support a complaint submitted pursuant to subsection 1, the State Public Charter School Authority shall investigate the complaint and respond to the complaining party in writing.

3. As used in this section:

(a) “Expulsion” has the meaning ascribed to it in NRS 392.4603.

(b) “Suspension” has the meaning ascribed to it in NRS 392.4607.

(Added to NRS by 2017, 3377; A 2021, 2325)

1. If the State Public Charter School Authority determines that external expertise is necessary to conduct an investigation of a complaint filed pursuant to NRS 388A.395 to 388A.3975, inclusive, the State Public Charter School Authority may select an investigator to conduct the investigation and make any appropriate determinations or recommendations to the State Public Charter School Authority.

2. If the State Public Charter School Authority determines that a violation has occurred, the State Public Charter School Authority may petition a court of competent jurisdiction for an order directing the charter school to reimburse the State Public Charter School Authority for all or part of the actual costs of its investigation. If the court confirms that a violation has occurred, the court may order the charter school to reimburse the State Public Charter School Authority for all or part of the actual costs of its investigation in an amount the court determines to be reasonable under the circumstances. A charter school subject to such an order must reimburse the State Public Charter School Authority within 30 days after issuance of the order. Any money received by the State Public Charter School Authority pursuant to this subsection must be used for investigations, audits and other proceedings of the State Public Charter School Authority and does not revert to the State General Fund.

3. If the State Public Charter School Authority determines that a current or former member of the governing body of the charter school or a current or former employee of the charter school failed to cooperate with any investigation conducted pursuant to this section, the State Public Charter School Authority may begin a proceeding to terminate the charter contract of the charter school pursuant to NRS 388A.330.

4. If the State Public Charter School Authority determines that the charter school or an employee of the charter school has violated any provision of this chapter or another statute or regulation applicable to charter schools or has materially breached the terms and conditions of the charter contract of the charter school, the State Public Charter School Authority may:

(a) Begin a proceeding to terminate the charter contract of the charter school pursuant to NRS 388A.330; and

(b) Refer the matter to the district attorney of the county in which the charter school is located, the Attorney General or any other appropriate agency for further action.

5. If the State Public Charter School Authority determines that the current operations of the charter school pose an imminent danger to the health and safety of the pupils or staff of the charter school, the State Public Charter School Authority shall order the charter school to suspend its operations at any or all of its facilities until appropriate corrective action has been taken.

(Added to NRS by 2017, 3377; A 2017, 3402)

NRS 388A.3975 Governing body required to develop policy for accepting, investigating and responding to complaints; submission and approval of policy by State Public Charter School Authority. The governing body of a charter school shall develop a policy for accepting, investigating and responding to complaints and submit the policy to the State Public Charter School Authority for review and approval. Such a policy may allow for a complaint to be delegated to the staff of the charter school or an educational management organization if the policy allows a complaining party who does not believe the staff of the charter school or educational management organization has adequately addressed a complaint to submit the complaint to the governing body of the charter school for its investigation and response.

(Added to NRS by 2017, 3378)

FINANCES

1. To the extent money is available from legislative appropriation or otherwise, a charter school may apply to the Department for money for facilities if:

(a) The charter school has been operating in this State for at least 5 consecutive years and is in good financial standing;

(b) Each financial audit and each performance audit of the charter school required by the Department pursuant to NRS 388A.105 or 388A.110 contains no major notations, corrections or errors concerning the charter school for at least 5 consecutive years;

(c) The charter school has met or exceeded the school achievement targets and performance targets established pursuant to the statewide system of accountability for public schools or has demonstrated improvement in the achievement of pupils enrolled in the charter school, as indicated by those school achievement targets and performance targets, for the majority of the years of its operation; and

(d) At least 75 percent of the pupils enrolled in grade 12 in the charter school in the immediately preceding school year have satisfied the requirements of subsection 3 or 4 of NRS 390.600 or the criteria prescribed by the State Board pursuant to subsection 1 of NRS 390.600, if the charter school enrolls pupils at a high school grade level.

2. A charter school that satisfies the requirements of subsection 1 shall submit to a performance audit as required by the Department one time every 3 years. The sponsor of the charter school and the Department shall not request a performance audit of the charter school more frequently than every 3 years without reasonable evidence of noncompliance in achieving the educational goals and objectives of the charter school based upon the annual report submitted to the Department pursuant to NRS 388A.351. If the charter school no longer satisfies the requirements of subsection 1 or if reasonable evidence of noncompliance in achieving the educational goals and objectives of the charter school exists based upon the annual report, the charter school shall, upon written notice from the sponsor, submit to an annual performance audit. Notwithstanding the provisions of paragraph (b) of subsection 1, such a charter school:

(a) May, after undergoing the annual performance audit, reapply to the sponsor to determine whether the charter school satisfies the requirements of paragraphs (a), (c) and (d) of subsection 1.

(b) Is not eligible for any available money pursuant to subsection 1 until the sponsor determines that the charter school satisfies the requirements of that subsection.

3. A charter school that does not satisfy the requirements of subsection 1 shall submit a quarterly report of the financial status of the charter school if requested by the sponsor of the charter school.

(Added to NRS by 2007, 2567; A 2009, 915, 933; 2011, 2365, 3054; 2013, 1922, 3263; 2017, 234, 3239)—(Substituted in revision for NRS 386.5515)

NRS 388A.408 Solicitation or acceptance of gifts or money from charter school by member of board of trustees or employee of school district prohibited; exception; penalty.

1. Unless otherwise authorized by specific statute, it is unlawful for a member of the board of trustees of a school district or an employee of a school district to solicit or accept any gift or payment of money on his or her own behalf or on behalf of the school district or for any other purpose from a member of a committee to form a charter school, the governing body of a charter school, or any officer or employee of a charter school.

2. This section does not prohibit the payment of a salary or other compensation or income to a member of the board of trustees or an employee of a school district for services provided in accordance with a contract made pursuant to NRS 388A.378 or 388A.384.

3. A person who violates subsection 1 shall be punished for a misdemeanor.

(Added to NRS by 2001, 3123; A 2015, 1736)—(Substituted in revision for NRS 386.563)

NRS 388A.411 Count of pupils for apportionment; deposit of money; solicitation and acceptance of donations and grants.

1. Each pupil who is enrolled in a charter school, including, without limitation, a pupil who is enrolled in a program of special education in a charter school, must be included in the count of pupils in the charter school for the purposes of apportionments and allowances from the State Education Fund pursuant to NRS 387.121 to 387.12468, inclusive, unless the pupil is exempt from compulsory enrollment and attendance pursuant to NRS 392.070. A charter school is entitled to receive its proportionate share of any other money available from federal, state or local sources that the school or the pupils who are enrolled in the school are eligible to receive.

2. The State Board shall prescribe a process which ensures that all charter schools, regardless of the sponsor, have information about all sources of funding for the public schools provided through the Department.

3. All money received by the charter school from this State or from the board of trustees of a school district must be deposited in an account with a bank, credit union or other financial institution in this State. The governing body of a charter school may negotiate with the board of trustees of the school district and the State Board for additional money to pay for services which the governing body wishes to offer.

4. The governing body of a charter school may solicit and accept donations, money, grants, property, loans, personal services or other assistance for purposes relating to education from members of the general public, corporations or agencies. The governing body may comply with applicable federal laws and regulations governing the provision of federal grants for charter schools. The State Public Charter School Authority may assist a charter school that operates exclusively for the enrollment of pupils who receive special education in identifying sources of money that may be available from the Federal Government or this State for the provision of educational programs and services to such pupils.

(Added to NRS by 1997, 1852; A 1999, 3300; 2001, 3134; 2005, 2403; 2007, 2576; 2009, 935; 2011, 765, 2368, 3056; 2013, 1600; 2015, 3703, 3705; 2019, 4228; 2023, 1204)

NRS 388A.414 Payment of quarterly sponsorship fee to sponsor; request by charter school for reduction in amount of sponsorship fee.

1. Upon completion of each school quarter, the Superintendent of Public Instruction shall pay to the sponsor of a charter school one-quarter of the yearly sponsorship fee for the administrative costs associated with sponsorship for that school quarter, which must be deducted from the monthly apportionment to the charter school made pursuant to subsections 1 and 2 of NRS 387.124 and NRS 387.1241. Except as otherwise provided in subsection 2, the yearly sponsorship fee for the sponsor of a charter school must be in an amount of money not to exceed 2 percent of the total amount of money apportioned to the charter school during the school year pursuant to subsections 1 and 2 of NRS 387.124 and NRS 387.1241.

2. If the governing body of a charter school satisfies the requirements of this section, the governing body may submit a request to the sponsor of the charter school for approval of a sponsorship fee in an amount that is less than 2 percent but at least 1 percent of the total amount of money apportioned to the charter school during the school year pursuant to subsections 1 and 2 of NRS 387.124 and NRS 387.1241.

3. The sponsor of the charter school shall approve such a request if the sponsor of the charter school determines that the charter school satisfies the requirements of this subsection. If the sponsor of the charter school approves such a request, the sponsor shall provide notice of the decision to the governing body of the charter school and the Superintendent of Public Instruction. If the sponsor of the charter school denies such a request, the governing body of the charter school may appeal the decision of the sponsor to the Superintendent of Public Instruction.

4. Upon appeal, the sponsor of the charter school and the governing body of the charter school are entitled to present evidence. The decision of the Superintendent of Public Instruction on the appeal is final and is not subject to judicial review.

5. The governing body of a charter school may submit a request for a reduction of the sponsorship fee pursuant to this section if:

(a) The charter school satisfies the requirements of subsection 1 of NRS 388A.405; and

(b) There has been a decrease in the duties of the sponsor of the charter school that justifies a decrease in the sponsorship fee.

(Added to NRS by 1997, 1852; A 1999, 3300; 2001, 3134; 2005, 2403; 2007, 2576; 2009, 935; 2011, 765, 2368, 3056; 2013, 1600; 2015, 3703, 3705; 2019, 4229; 2021, 1126)

NRS 388A.417 Distribution of money to charter school in first year of operation; payment of remaining apportionments upon cessation of operation.

1. To determine the amount of money for distribution to a charter school in its first year of operation, the count of pupils who are enrolled in the charter school must initially be determined 30 days before the beginning of the school year of the school district, based on the number of pupils whose applications for enrollment have been approved by the charter school.

2. The count of pupils who are enrolled in the charter school must be revised each quarter based on the average daily enrollment of pupils in the charter school that is reported for that quarter pursuant to NRS 387.1223.

3. Pursuant to subsection 2 of NRS 387.1241, the governing body of a charter school may request that the apportionments made to the charter school in its first year of operation be paid to the charter school 30 days before the apportionments are otherwise required to be made.

4. If a charter school ceases to operate as a charter school during a school year, the remaining apportionments that would have been made to the charter school pursuant to NRS 387.124 and 387.1241 for that year must be paid on a proportionate basis to the school districts where the pupils who were enrolled in the charter school reside.

(Added to NRS by 1997, 1852; A 1999, 3300; 2001, 3134; 2005, 2403; 2007, 2576; 2009, 935; 2011, 765, 2368, 3056; 2013, 1600; 2015, 3703, 3705; 2019, 2040, 4230)

NRS 388A.420 Orders for payment of money; limitations.

1. The governing body of a charter school shall designate a person to draw all orders for the payment of money belonging to the charter school. The orders must be listed on cumulative voucher sheets.

2. The governing body of a charter school shall prescribe the procedures by which the orders must be approved and the cumulative voucher sheets signed.

3. An order for the payment of money to a member of the governing body of the charter school may only be drawn for salary, travel expenses, subsistence allowances or for services rendered by the member.

4. An action may not be maintained against any governing body of a charter school or the sponsor of a charter school to collect upon any bill not presented for payment to the governing body within 6 months after the bill was incurred.

(Added to NRS by 1999, 3290)—(Substituted in revision for NRS 386.573)

NRS 388A.423 Bankruptcy: Disposition of property; immunity of State and sponsor from liability.

1. If a charter school files a voluntary petition of bankruptcy or is declared bankrupt during a school year, any real property or other property held by the charter school must be disposed of as provided in NRS 388A.306.

2. If a charter school files a voluntary petition of bankruptcy or is declared bankrupt during a school year, neither the State of Nevada nor the sponsor of the charter school may be held liable for any claims resulting from the bankruptcy.

(Added to NRS by 1997, 1848; A 1999, 3301; 2013, 1602)—(Substituted in revision for NRS 386.575)

ACCOUNT FOR CHARTER SCHOOLS

NRS 388A.432 Creation; investment; credit of interest and income; deposit of money; payment of claims; acceptance of gifts and grants.

1. The Account for Charter Schools is hereby created in the State General Fund as a revolving loan account, to be administered by the State Public Charter School Authority.

2. The money in the Account must be invested as money in other state accounts is invested. All interest and income earned on the money in the Account must be credited to the Account. Any money remaining in the Account at the end of a fiscal year does not revert to the State General Fund, and the balance in the Account must be carried forward.

3. All payments of principal and interest on all the loans made to a charter school from the Account must be deposited with the State Treasurer for credit to the Account.

4. Claims against the Account must be paid as other claims against the State are paid.

5. The State Public Charter School Authority may accept gifts, grants, bequests and donations from any source for deposit in the Account.

(Added to NRS by 2001, 3124; A 2011, 446; 2013, 27th Special Session, 4)—(Substituted in revision for NRS 386.576)

NRS 388A.435 Authorized uses of money in Account; limitation on amount of loans.

1. Money in the Account for Charter Schools may be expended for the purposes set forth in subsection 2 or for any other purpose authorized by the Legislature.

2. After deducting the costs directly related to administering the Account for Charter Schools, the State Public Charter School Authority may use the money available in the Account for Charter Schools, including repayments of principal and interest on loans made from the Account, and interest and income earned on money in the Account, to make loans at or below market rate to charter schools for the costs identified in the loan application for use:

(a) In preparing a charter school to commence its first year of operation;

(b) To improve a charter school that has been in operation; and

(c) To fund recruitment of teachers and pupils to new charter school facilities and enrollment of pupils in such facilities.

3. The total amount of a loan that may be made to a charter school pursuant to subsection 2 must not exceed the lesser of an amount equal to $500 per pupil enrolled or to be enrolled at the charter school or $200,000.

(Added to NRS by 2001, 3124; A 2013, 27th Special Session, 5; 2015, 2207, 3298)—(Substituted in revision for NRS 386.577)

NRS 388A.438 Application for loan; requirements of contract for loan; regulations.

1. If the governing body of a charter school has a charter contract executed pursuant to NRS 388A.270, the governing body may submit an application to the State Public Charter School Authority for a loan from the Account for Charter Schools. An application must include a written description of the manner in which the loan will be used to prepare the charter school for its first year of operation or to improve a charter school that has been in operation.

2. The State Public Charter School Authority shall, within the limits of money available for use in the Account, make loans to charter schools whose applications have been approved. If the State Public Charter School Authority makes a loan from the Account, the State Public Charter School Authority shall ensure that the contract for the loan includes all terms and conditions for repayment of the loan.

3. The State Public Charter School Authority:

(a) Shall adopt regulations that prescribe the:

(1) Annual deadline for submission of an application to the State Public Charter School Authority by a charter school that desires to receive a loan from the Account; and

(2) Period for repayment and the rate of interest for loans made from the Account.

(b) May adopt such other regulations as it deems necessary to carry out the provisions of this section and NRS 388A.432 and 388A.435.

(Added to NRS by 2001, 3124; A 2013, 2929; 2013, 27th Special Session, 5; 2015, 3298)

PUPILS

Enrollment

1. Except as otherwise provided in this section, at least 45 days before a new charter school for which a contract has been executed pursuant to NRS 388A.270 begins accepting applications for enrollment pursuant to NRS 388A.453 or at least 45 days before a charter school that is expanding enrollment by at least 10 percent or opening a new facility begins accepting applications for enrollment pursuant to NRS 388A.453, the governing body of the charter school shall make a reasonable effort to notify each household located within 2 miles from the charter school regarding:

(a) When the charter school will begin accepting applications for enrollment;

(b) How to apply for enrollment; and

2. If notifying each household within 2 miles from a charter school does not provide a sufficient population density, the governing body of the charter school and the sponsor of the charter school may agree to notify households that are located more than 2 miles from the charter school.

3. To the extent practicable, the notice provided pursuant to subsections 1 and 2 must be provided in the languages primarily spoken in the households to which such notice is provided.

4. A charter school that is not authorized to enroll more than 250 pupils for all facilities that the charter school operates is not required to comply with the provisions of subsection 1. If the charter school does not comply with these provisions, the charter school must develop an alternative plan to inform households located in the area served by the charter school that it is accepting applications for enrollment.

5. If the governing body of a charter school has not acquired a facility to operate the charter school at least 45 days before the date on which the charter school begins accepting applications for enrollment pursuant to NRS 388A.453, the sponsor of the charter school may identify a location reasonably believed to be close to where the facility will be located and provide the notification required pursuant to subsection 1 to each household located within 2 miles from this location.

6. The sponsor of a charter school may require the charter school to provide documentation of any effort to inform households located in the area served by the charter school that the charter school is accepting applications for enrollment, expanding enrollment or opening a new facility.

7. The sponsor of a charter school may revise the timeline for notification prescribed in subsection 1 for good cause.

(Added to NRS by 2015, 1126)

NRS 388A.453 Application for admission; determination of enrollment; timeline for lottery; discrimination prohibited; exception for charter school that provides education for certain pupils.

1. An application for enrollment in a charter school may be submitted annually to the governing body of the charter school by the parent or legal guardian of any child who resides in this State.

2. Except as otherwise provided in subsections 1 to 5, inclusive, NRS 388A.336, subsections 1 and 2 of NRS 388A.456, and any applicable federal law, including, without limitation, 42 U.S.C. §§ 11301 et seq., a charter school shall enroll pupils who are eligible for enrollment in the order in which the applications are received.

3. If the board of trustees of the school district in which the charter school is located has established zones of attendance pursuant to NRS 388.040, the charter school shall, if practicable, ensure that the racial composition of pupils enrolled in the charter school does not differ by more than 10 percent from the racial composition of pupils who attend public schools in the zone in which the charter school is located.

4. If a charter school is sponsored by the board of trustees of a school district located in a county whose population is 100,000 or more, except for a program of distance education provided by the charter school, the charter school shall enroll pupils who are eligible for enrollment who reside in the school district in which the charter school is located before enrolling pupils who reside outside the school district.

5. Except as otherwise provided in subsections 1 and 2 of NRS 388A.456, if more pupils who are eligible for enrollment apply for enrollment in the charter school than the number of spaces which are available, the charter school shall determine which applicants to enroll pursuant to subsections 1 to 4, inclusive, on the basis of a lottery system.

6. Except as otherwise provided in subsection 8, a charter school shall not accept applications for enrollment in the charter school or otherwise discriminate based on the:

(a) Race;

(b) Gender;

(d) Ethnicity;

(e) Disability;

(f) Sexual orientation; or

(g) Gender identity or expression,

Ê of a pupil.

7. A lottery held pursuant to subsection 5 must be held not sooner than 45 days after the date on which a charter school begins accepting applications for enrollment unless the sponsor of the charter school determines there is good cause to hold it sooner.

8. This section does not preclude the formation of a charter school that is dedicated to provide educational services exclusively to pupils:

(a) With disabilities;

(b) Who pose such severe disciplinary problems that they warrant a specific educational program, including, without limitation, a charter school specifically designed to serve a single gender that emphasizes personal responsibility and rehabilitation; or

(c) Who are at risk or, for a charter school that is eligible to be rated using the alternative performance framework pursuant to subsection 4 of NRS 385A.740, who are described in subparagraphs (1) to (6), inclusive, of paragraph (a) of subsection 3 of NRS 385A.740.

Ê If more eligible pupils apply for enrollment in such a charter school than the number of spaces which are available, the charter school shall determine which applicants to enroll pursuant to this subsection on the basis of a lottery system.

9. As used in this section:

(a) “Protective hairstyle” includes, without limitation, hairstyles such as natural hairstyles, afros, bantu knots, curls, braids, locks and twists.

(b) “Race” includes traits associated with race, including, without limitation, hair texture and protective hairstyles.

(Added to NRS by 1997, 1850; A 1999, 3301; 2001, 3135; 2003, 2960; 2005, 1537, 1664, 2404, 2540; 2007, 3029; 2009, 261, 580; 2013, 2929; 2015, 242, 1127, 1254, 1835, 3299; 2017, 1071, 3396; 2019, 2070; 2021, 1716)

NRS 388A.456 Priority enrollment for certain children; timeline for lottery; school districts required to create, maintain and post list regarding enrollment.

1. Before a charter school enrolls pupils who are eligible for enrollment pursuant to NRS 388A.453, a charter school may enroll a child who:

(a) Is a sibling of a pupil who is currently enrolled in the charter school.

(b) Was enrolled, free of charge and on the basis of a lottery system, in a prekindergarten program at the charter school or any other early childhood educational program affiliated with the charter school.

(1) Who is employed by the charter school;

(2) Who is a member of the committee to form the charter school;

(3) Who is a member of the governing body of the charter school; or

(4) Who resides on or is employed on the federal military installation, if the charter school is located on a federal military installation;

(d) Is enrolled at a charter school with which the charter school has an articulation agreement, approved by the sponsor, providing for priority enrollment.

(e) Is in a particular category of at-risk pupils and the child meets the eligibility for enrollment prescribed by the charter school for that particular category.

(f) At the time his or her application is submitted, is enrolled in a public school of a school district with an enrollment that is more than 25 percent over the public school’s intended capacity, as reported on the list maintained by the school district pursuant to subsection 4. If a charter school enrolls pupils who are enrolled in such a public school before enrolling other pupils who are eligible for enrollment, the charter school must enroll such pupils who reside within 2 miles of the charter school before enrolling other such pupils.

(g) At the time his or her application is submitted, is enrolled in a public school that received an annual rating established as one of the two lowest ratings possible indicating underperformance of a public school, as determined by the Department pursuant to the statewide system of accountability for public schools for the most recent school year for which the public school received an annual rating. If a charter school enrolls pupils who are enrolled in such a public school before enrolling other pupils who are eligible for enrollment, the charter school must enroll such pupils who reside within 2 miles of the charter school before enrolling other such pupils.

(h) Resides within the school district and within 2 miles of the charter school if the charter school is located in an area that the sponsor of the charter school determines includes a high percentage of children who are at risk. If space is available after the charter school enrolls pupils pursuant to this paragraph, the charter school may enroll children who reside outside the school district but within 2 miles of the charter school if the charter school is located within an area that the sponsor determines includes a high percentage of children who are at risk.

(i) Has a parent or legal guardian who is a member of the military.

2. If more pupils described in this section who are eligible apply for enrollment than the number of spaces available, the charter school shall determine which applicants to enroll pursuant to this section on the basis of a lottery system.

3. A lottery held pursuant to subsection 2 must be held not sooner than 45 days after the date on which a charter school begins accepting applications for enrollment unless the sponsor of the charter school determines there is good cause to hold it sooner.

4. Each school district shall create and maintain a list which specifies for each public school of the school district, the maximum enrollment capacity for each school, the actual number of pupils enrolled at each school and the percentage by which enrollment at each school exceeds the intended enrollment capacity, if applicable. Each school district shall post the list on the Internet website maintained by the school district as soon as practicable after the count of pupils is completed pursuant to NRS 387.1223 but not later than November 1 of each year.

5. As used in this section, “member of the military” has the meaning ascribed to it in NRS 176A.043.

(Added to NRS by 1997, 1850; A 1999, 3301; 2001, 3135; 2003, 2960; 2005, 1537, 1664, 2404, 2540; 2007, 3029; 2009, 261, 580; 2013, 2929; 2015, 242, 1127, 1254, 1835, 3299; 2017, 3397; 2021, 18; 2023, 444)

1. In a county in which more than five charter schools are located and the total number of pupils enrolled in the charter schools exceeds 25 percent of the combined enrollment of all public schools, including, without limitation, charter schools, the Department shall, in consultation with all sponsors of charter schools in the county, determine whether holding a weighted lottery for admission to charter schools would improve diversity in charter schools that do not have a preference for at-risk pupils. If the Department determines that a weighted lottery for admission to charter schools would improve diversity in such charter schools, the Department shall, to the extent authorized by federal law, adopt regulations authorizing charter schools to establish a weighted lottery.

2. In a county in which more than ten charter schools are located and the total number of pupils enrolled in charter schools exceeds 50 percent of the combined enrollment of all public schools, including, without limitation, charter schools, the Department shall, in consultation with all sponsors of charter schools in the county:

(a) Adopt regulations establishing a uniform enrollment calendar and process for enrolling pupils applicable to all charter schools in the county. The regulations must establish a lottery for admission to each charter school in the county. If a charter school does not have a preference for at-risk pupils, the lottery must, to the extent authorized by federal law, be a weighted lottery.

(b) Allow the board of trustees of the school district to provide input regarding the enrollment calendar, processes for enrolling pupils and lotteries established pursuant to paragraph (a).

3. As used in this section, “weighted lottery” means a lottery that gives additional weight to pupils who are identified as being part of a specified group of pupils. The term does not include the reservation of seats in the charter school for specified pupils or groups of pupils.

(Added to NRS by 2015, 3256)

NRS 388A.462 Prohibition on charter school sponsored by school district enrolling pupils outside district in program of distance education. A charter school that is sponsored by a school district and that offers a full-time program of distance education may not enroll a pupil in the program who does not reside in that school district.

(Added to NRS by 2019, 1621)

Participation in Other Schools

NRS 388A.471 Participation in class or extracurricular activity by pupil enrolled in another school or homeschooled child.

1. Except as otherwise provided in subsection 2, upon the request of a parent or legal guardian of a child who is enrolled in a public school of a school district or a private school, or a parent or legal guardian of a homeschooled child, the governing body of the charter school shall authorize the child to participate in a class that is not otherwise available to the child at his or her school or homeschool or participate in an extracurricular activity at the charter school if:

(a) Space for the child in the class or extracurricular activity is available;

(b) The parent or legal guardian demonstrates to the satisfaction of the governing body that the child is qualified to participate in the class or extracurricular activity; and

(c) The child is a homeschooled child and a notice of intent of a homeschooled child to participate in programs and activities is filed for the child with the school district in which the child resides for the current school year pursuant to NRS 388D.070.

2. If the governing body of a charter school authorizes a child to participate in a class or extracurricular activity pursuant to subsection 1, the governing body is not required to provide transportation for the child to attend the class or activity. A charter school shall not authorize such a child to participate in a class or activity through a program of distance education provided by the charter school pursuant to NRS 388.820 to 388.874, inclusive.

3. The governing body of a charter school may revoke its approval for a child to participate in a class or extracurricular activity at a charter school pursuant to subsection 1 if the governing body determines that the child has failed to comply with applicable statutes, or applicable rules and regulations. If the governing body so revokes its approval, neither the governing body nor the charter school is liable for any damages relating to the denial of services to the child.

4. The governing body of a charter school may, before authorizing a homeschooled child to participate in a class or extracurricular activity pursuant to subsection 1, require proof of the identity of the child, including, without limitation, the birth certificate of the child or other documentation sufficient to establish the identity of the child.

(Added to NRS by 1997, 1850; A 1999, 3301; 2001, 3135; 2003, 2960; 2005, 1537, 1664, 2404, 2540; 2007, 3029; 2009, 261, 580; 2013, 2929; 2015, 242, 1127, 1254, 1835, 3299; 2019, 3284)—(Substituted in revision for part of NRS 386.580)

NRS 388A.474 Board of trustees required to allow pupil to participate in class or activity of school district in which pupil resides in certain circumstances; revocation of approval.

1. Except as otherwise provided in subsection 2, upon the request of a parent or legal guardian of a pupil who is enrolled in a charter school, the board of trustees of the school district in which the pupil resides shall authorize the pupil to participate in a class that is not available to the pupil at the charter school or participate in an extracurricular activity, excluding sports, at a public school within the school district if:

(a) Space for the pupil in the class or extracurricular activity is available; and

(b) The parent or legal guardian demonstrates to the satisfaction of the board of trustees that the pupil is qualified to participate in the class or extracurricular activity.

2. If the board of trustees of a school district authorizes a pupil to participate in a class or extracurricular activity, excluding sports, pursuant to subsection 1, the board of trustees is not required to provide transportation for the pupil to attend the class or activity. The provisions of subsection 1 do not apply to a pupil who is enrolled in a charter school and who desires to participate on a part-time basis in a program of distance education provided by the board of trustees of a school district pursuant to NRS 388.820 to 388.874, inclusive. Such a pupil must comply with NRS 388.858.

3. Upon the request of a parent or legal guardian of a pupil who is enrolled in a charter school, the board of trustees of the school district in which the pupil resides shall authorize the pupil to participate in sports at the public school that he or she would otherwise be required to attend within the school district, or upon approval of the board of trustees, any public school within the same zone of attendance as the charter school if:

(a) Space is available for the pupil to participate; and

(b) The parent or legal guardian demonstrates to the satisfaction of the board of trustees that the pupil is qualified to participate.

4. If the board of trustees of a school district authorizes a pupil to participate in sports pursuant to subsection 3, the board of trustees is not required to provide transportation for the pupil to participate unless there is space available on the transportation provided by the board of trustees and the parent of the pupil or the charter school makes arrangements for the pupil to be at a designated place to be picked up at a designated time.

5. The board of trustees of a school district may revoke its approval for a pupil to participate in a class, extracurricular activity or sports at a public school pursuant to subsections 1 and 3 if the board of trustees or the public school determines that the pupil has failed to comply with applicable statutes, or applicable rules and regulations of the board of trustees, the public school or the Nevada Interscholastic Activities Association. If the board of trustees so revokes its approval, neither the board of trustees nor the public school is liable for any damages relating to the denial of services to the pupil.

(Added to NRS by 1997, 1850; A 1999, 3299; 2001, 3133; 2007, 2575; 2009, 934; 2011, 2366, 3055; 2013, 1598; 2015, 1735, 3293, 3802)—(Substituted in revision for part of NRS 386.560)

NRS 388A.478 Transfer of credit to other public school. If a pupil has successfully completed equivalent courses at a charter school, the pupil must be allowed to transfer the credit that the pupil received at the charter school as applicable toward advancement to the next grade at any other public school or toward graduation from any other public school.

(Added to NRS by 1999, 3291)—(Substituted in revision for NRS 386.582)

Academics

1. The governing body of a charter school that operates as an elementary school shall adopt rules for the provision of intervention services and intensive instruction to pupils who are enrolled in the charter school that are consistent with NRS 392.750, 392.760 and 392.765. The rules must:

(a) Prescribe the programs and instruction which will be provided to a pupil who has been identified as deficient in the subject area of reading in accordance with the plan established pursuant to NRS 388.157.

(b) Require the school to provide to a pupil who has been identified as deficient in the subject area of reading with intervention services and intensive instruction in accordance with the plan established pursuant to NRS 388.157.

2. On or before October 15 of each year, the governing body of each charter school that operates as an elementary school shall:

(a) Prepare a report concerning the number and percentage of pupils at the charter school who were:

(1) Designated in grade 3 to be provided intervention services and intensive instruction while enrolled in an elementary school of a charter school pursuant to NRS 392.760 for a deficiency in the subject area of reading, including whether or not any such pupils were previously provided intervention services and intensive instruction while enrolled in an elementary school of a charter school; and

(2) Received educational programs or services identified pursuant to subsection 1 of NRS 392.750 at each grade level and whose proficiency in the subject area of reading:

(I) Did not improve at a rate prescribed by the governing body of a charter school, indicating a need for more intensive or different interventions;

(II) Improved at a rate prescribed by the governing body of a charter school, indicating growth toward performing at a level determined by a statewide assessment to be within the level established by the State Board for pupils enrolled in the same grade in which the pupils are enrolled; and

(b) Submit a copy of the report to the Department, the Legislature and the sponsor of the charter school; and

(c) Post the report on the Internet website maintained by the charter school and otherwise make the report available to the parents and legal guardians of pupils enrolled in the charter school and the general public.

(Added to NRS by 1999, 3291; A 2015, 1860; A 2019, 4492)—(Substituted in revision for NRS 386.583)

1. The governing body of a charter school that operates as an elementary school shall adopt rules for the provision of intervention services and intensive instruction to and the academic retention of pupils who are enrolled in the charter school that are consistent with NRS 392.750, 392.760, 392.765 and 392.780. The rules must:

(c) Require a pupil enrolled in grade 3 to be retained in the same grade, rather than promoted to grade 4, when required pursuant to NRS 392.780.

2. On or before October 15 of each year, the governing body of each charter school that operates as an elementary school shall:

(a) Prepare a report concerning the number and percentage of pupils at the charter school who:

(1) Were designated in grade 3 to be provided intervention services and intensive instruction while enrolled in an elementary school of a charter school pursuant to NRS 392.760 for a deficiency in the subject area of reading, including whether or not any such pupils were previously provided intervention services and intensive instruction while enrolled in an elementary school of a charter school;

(2) Received educational programs or services identified pursuant to subsection 1 of NRS 392.750 at each grade level and whose proficiency in the subject area of reading:

(I) Did not improve at a rate prescribed by the governing body of a charter school, indicating a need for more intensive or different interventions; or

(3) Were retained in grade 3 pursuant to NRS 392.780, including whether or not any such pupils were previously retained in kindergarten or grade 1 or 2; and

(4) Were not retained in grade 3 because a good-cause exemption was approved pursuant to NRS 392.785 but who were previously retained in kindergarten or grade 1 or 2 for a total of 2 years;

(b) Submit a copy of the report to the Department, the Legislature and the sponsor of the charter school; and

(Added to NRS by 1999, 3291; A 2015, 1860; A 2019, 4492; 2023, 2187, effective July 1, 2028)

NRS 388A.489 Identification of and development of plan for homeless and unaccompanied pupils and pupils in foster care.

1. The sponsor of each charter school that enrolls pupils at the high school grade level shall develop:

(a) A procedure for the charter school to identify a homeless pupil, unaccompanied pupil or pupil who lives in foster care; and

(b) A plan for each such pupil that maximizes the accrual of credits by the pupil and the progress of the pupil towards graduation.

2. As used in this section:

(a) “Foster care” has the meaning ascribed to it in 45 C.F.R. § 1355.20.

(b) “Homeless pupil” has the meaning ascribed to the term “homeless children and youths” in 42 U.S.C. § 11434a(2).

(Added to NRS by 2019, 1161)

NRS 388A.490 Issuance of high school diploma; approval of form for diploma by Department.

1. If a charter school provides instruction to pupils enrolled in a high school grade level and the charter school requires those pupils to satisfy requirements for graduation from high school that are less than the requirements imposed by the school district in which the charter school is located, the charter school shall not issue a high school diploma of the school district but may issue a high school diploma which clearly indicates that it is a diploma issued by a charter school. If a charter school requires its pupils to satisfy requirements for graduation from high school that meet or exceed the requirements of the school district in which the charter school is located, the charter school may issue a high school diploma of the school district or a high school diploma of the charter school.

2. A charter school shall submit the form for a diploma of the charter school to the Department for approval if the form differs from the form of the school district in which the charter school is located.

3. The provisions of this section do not:

(a) Authorize a charter school to impose requirements for graduation from high school that are less than the requirements of the applicable state statutes and regulations.

(b) Require a charter school that imposes requirements for graduation from high school that are more stringent than the requirements of applicable state statutes and regulations and more stringent than the requirements of the school district in which the charter school is located to issue a high school diploma to a pupil who has not met the requirements for graduation from the charter school even if the pupil has met the requirements of applicable state statutes and regulations or the requirements of the school district in which the charter school is located.

(Added to NRS by 2001, 3124; A 2015, 3301)—(Substituted in revision for NRS 386.584)

Rules of Behavior

1. A governing body of a charter school shall adopt:

(a) Written rules of behavior required of and prohibited for pupils attending the charter school; and

(b) Appropriate punishments for violations of the rules.

2. A pupil enrolled in a charter school shall only be suspended or expelled in a manner consistent with the requirements for the suspension or expulsion of a pupil enrolled in a public school within a school district as set forth in NRS 392.4601 to 392.472, inclusive.

3. Except as otherwise provided in NRS 392.467, if suspension or expulsion of a pupil is used as a punishment for a violation of the rules, the charter school shall ensure that, at the time of the suspension or expulsion, the pupil and, if the pupil is under 18 years of age, the parent or guardian of the pupil, are given notice of the charges against him or her, an explanation of the evidence and an opportunity for a hearing. If a pupil is significantly suspended, expelled or permanently expelled, the pupil or, if the pupil is under 18 years of age, the parent or guardian of the pupil may appeal the significant suspension, expulsion or permanent expulsion in accordance with the provisions of NRS 392.4671. The charter school shall ensure that a pupil who is significantly suspended, expelled or permanently expelled and is appealing the significant suspension, expulsion or permanent expulsion or a pupil who is being considered for significant suspension, expulsion or permanent expulsion continues to attend school and receives an appropriate education in the least restrictive environment possible as required by NRS 392.4676. The provisions of chapter 241 of NRS do not apply to any hearing or proceeding conducted pursuant to this section. Such a hearing or proceeding must be closed to the public.

4. A copy of the rules of behavior, prescribed punishments and procedures to be followed in imposing punishments must be:

(a) Distributed to each pupil at the beginning of the school year and to each new pupil who enters school during the year.

(b) Available for public inspection at the charter school.

5. The governing body of a charter school may adopt rules relating to the truancy of pupils who are enrolled in the charter school if the rules are at least as restrictive as the provisions governing truancy set forth in NRS 392.130 to 392.220, inclusive. If a governing body adopts rules governing truancy, it shall include the rules in the written rules adopted by the governing body pursuant to subsection 1.

6. As used in this section:

(a) “Expel” or “expulsion” has the meaning ascribed to it in NRS 392.4603.

(b) “Permanently expelled” means the disciplinary removal of a pupil from the school in which the pupil is currently enrolled:

(1) Except as otherwise provided in subparagraph (2), without the possibility of returning to the school in which the pupil is currently enrolled or another public school within the school district; and

(2) With the possibility of enrolling in a program or public school for alternative education for pupils who are expelled or permanently expelled after being permanently expelled.

(d) “Suspend” or “suspension” has the meaning ascribed to it in NRS 392.4607.

(Added to NRS by 1997, 1851; A 2009, 752; 2015, 3301; 2019, 3568; 2021, 921, 2326; 2023, 760, 782)

PERSONNEL

Qualifications and Requirements

NRS 388A.500 Definitions. As used in NRS 388A.500 to 388A.516, inclusive, the words and terms defined in NRS 388A.505 and 388A.510 have the meanings ascribed to them in those sections.

(Added to NRS by 2019, 1510)

NRS 388A.505 “Unsupervised contact” defined.

1. “Unsupervised contact” means direct contact or interaction with one or more pupils who are not under the direct supervision of an employee of a charter school or other person designated by a charter school as the person responsible for pupils.

2. For the purposes of this section:

(a) A pupil is under the direct supervision of an employee of a charter school or other person designated by a charter school as the person responsible for the pupil if the employee or other person:

(1) If indoors, is present in the same room as the pupil or has visual contact with the pupil.

(2) If outdoors, is within 30 yards of the pupil or has visual contact with the pupil.

(b) A person shall not be deemed to have unsupervised contact with pupils if he or she has the potential for only incidental unsupervised contact with pupils in commonly used areas on the grounds of a charter school.

(Added to NRS by 2019, 1510)

NRS 388A.510 “Volunteer” defined. “Volunteer” means any person who, without compensation, works at, assists with or oversees any activity or event conducted or sponsored by a charter school during or outside of school hours. The term:

1. Includes, without limitation, a coach, assistant coach, director of in-school or extracurricular activities and chaperone of any overnight trip.

2. Does not include:

(a) A student who is enrolled at an institution of higher education and is:

(1) Taking a course which requires the student to be present in the classroom of the charter school on a limited basis to observe and to be observed in the classroom; and

(2) Under direct supervision of a teacher or his or her professor at all times while in the classroom.

(b) An employee of a business, agency or organization that participates in a work-based learning program pursuant to NRS 389.167, other than an employee who directly oversees the participation of or has unsupervised contact with a pupil in the work-based learning program.

(Added to NRS by 2019, 1511; A 2023, 1378)

1. Each applicant for employment with and employee at a charter school, except a licensed teacher or other person licensed by the Superintendent of Public Instruction, and, except as otherwise provided in NRS 388A.516, each volunteer at a charter school who is likely to have unsupervised contact with pupils, must, before beginning his or her employment or service as a volunteer and at least once every 5 years thereafter, submit to the governing body of the charter school:

(a) A complete set of the applicant’s, employee’s or volunteer’s fingerprints and written permission authorizing the governing body to forward the fingerprints to the Central Repository for Nevada Records of Criminal History for its report on the criminal history of the applicant, or employee or volunteer and for submission to the Federal Bureau of Investigation for its report on the criminal history of the applicant, employee or volunteer; and

(b) Written authorization for the governing body to obtain any information concerning the applicant, employee or volunteer that may be available from the Statewide Central Registry for the Collection of Information Concerning the Abuse or Neglect of a Child established by NRS 432.100 and any equivalent registry maintained by a governmental entity in a jurisdiction in which the applicant, employee or volunteer has resided within the immediately preceding 5 years.

2. In conducting an investigation into the background of an applicant, employee or volunteer, the governing body of a charter school may cooperate with any appropriate law enforcement agency to obtain information relating to the background of the applicant, employee or volunteer, including, without limitation, any record of warrants for the arrest of or applications for protective orders against the applicant, employee or volunteer.

3. If the information obtained by the governing body pursuant to subsection 1 or 2 or subsection 5 of NRS 388A.516 indicates that the applicant, employee or volunteer has not been convicted of a crime listed in NRS 388A.5342, the governing body of the charter school may employ the applicant or employee or accept the volunteer, as applicable.

4. If the information obtained by the governing body pursuant to subsection 1 or 2 or subsection 5 of NRS 388A.516 indicates that the applicant, employee or volunteer has been convicted of a crime listed in NRS 388A.5342, and the governing body of the charter school does not disqualify the applicant or employee from employment or the volunteer from serving as a volunteer on the basis of that information, the governing body shall, upon the written authorization of the applicant, employee or volunteer, forward a copy of the information to the Superintendent of Public Instruction. If the applicant, employee or volunteer refuses to provide his or her written authorization to forward a copy of the information pursuant to this subsection, the charter school shall not employ the applicant or employee or accept the volunteer, as applicable.

5. Not later than 15 days after receiving the information obtained by the governing body pursuant to subsection 1 or 2 or subsection 5 of NRS 388A.516, the Superintendent of Public Instruction or the Superintendent’s designee shall review the information to determine whether the conviction of the applicant, employee or volunteer is related or unrelated to the position with the charter school for which the applicant has applied or in which the employee is employed or the volunteer wishes to serve. The applicant, employee or volunteer shall, upon the request of the Superintendent of Public Instruction or the Superintendent’s designee, provide any further information that the Superintendent or the designee determines is necessary to make the determination. If the governing body of the charter school desires to employ the applicant or employee or accept the volunteer, the governing body shall, upon the request of the Superintendent of Public Instruction or the Superintendent’s designee, provide any further information that the Superintendent or the designee determines is necessary to make the determination. The Superintendent of Public Instruction or the Superintendent’s designee shall provide written notice of the determination to the applicant, employee or volunteer and to the governing body of the charter school.

6. If the Superintendent of Public Instruction or the Superintendent’s designee determines that the conviction of the applicant, employee or volunteer is related to the position with the charter school for which the applicant has applied or in which the employee is employed or the volunteer wishes to serve, the governing body of the charter school shall not employ the applicant or employee or accept the volunteer, as applicable. If the Superintendent of Public Instruction or the Superintendent’s designee determines that the conviction of the applicant, employee or volunteer is unrelated to the position with the charter school for which the applicant has applied or in which the employee is employed or the volunteer wishes to serve, the governing body of the charter school may employ the applicant or employee for that position or accept the volunteer, as applicable.

7. The governing body of a charter school may use a substantiated report of the abuse or neglect of a child, as defined in NRS 392.281, or a violation of NRS 201.540, 201.553, 201.560, 392.4633 or 394.366 obtained from the Statewide Central Registry or an equivalent registry maintained by a governmental agency in another jurisdiction:

(a) In making determinations concerning assignments, requiring retraining, imposing discipline, hiring, accepting a volunteer or termination; and

(b) In any proceedings to which the report is relevant, including, without limitation, an action for trespass or a restraining order.

8. The governing body of a charter school:

(a) May accept gifts, grants and donations to carry out the provisions of this section and NRS 388A.516.

(b) May not be held liable for damages resulting from any action of the governing body authorized by subsection 2 or 7 or NRS 388A.516.

(Added to NRS by 2005, 2397; A 2017, 2113, 2073, 3149; 2019, 1513; 2023, 2473)

NRS 388A.516 Conditions under which volunteer not required to submit fingerprints.

1. A volunteer who is likely to have unsupervised contact with pupils is not required to submit fingerprints to the governing body of a charter school pursuant to NRS 388A.515 if the volunteer submits to the governing body a completed verification form prescribed by the Department, a statement from a public entity described in this subsection that is acceptable to the governing body or other sufficient evidence, or the governing body otherwise determines, that:

(a) Not more than 6 months before the date on which the volunteer is required by NRS 388A.515 to submit his or her fingerprints, a federal, state or local governmental entity determined the volunteer to be eligible to interact with pupils at school as a volunteer;

(b) It is the policy of the public entity to conduct an investigation into the criminal background of a volunteer who will interact with pupils at school and that investigation meets the requirements of paragraph (c) and any other requirements prescribed by regulation of the State Board; and

(1) A statute of this State expressly requires a volunteer who will interact with pupils at school to submit a complete set of his or her fingerprints to the public entity and written permission authorizing the public entity to forward those fingerprints to the Central Repository for Nevada Records of Criminal History for its report on the criminal history of the volunteer and for submission to the Federal Bureau of Investigation for its report on the criminal history of the volunteer;

(2) The statute expressly requiring the volunteer to submit his or her fingerprints in accordance with subparagraph (1) has been reviewed and approved by the Federal Bureau of Investigation as satisfying the requirements of federal law; and

(3) The investigation was conducted pursuant to the statute described in subparagraphs (1) and (2).

2. In addition to the exception described in subsection 1, a volunteer who is likely to have unsupervised contact with pupils is not required to submit fingerprints to the governing body of a charter school pursuant to NRS 388A.515 if the volunteer submits to the governing body a completed verification form prescribed by the Department, a statement from a public entity described in this subsection that is acceptable to the governing body or other sufficient evidence, or the governing body otherwise determines that:

(a) The volunteer is employed by a federal, state or local governmental entity which has determined that the person is eligible to have unrestricted interaction with pupils as part of his or her official duties, which may include an unsupervised meeting with a pupil at a school;

(b) It is the policy of the public entity to conduct an investigation into the criminal background of an employee who will have unrestricted interaction with pupils as part of his or her official duties and that investigation meets the requirements of paragraph (c) and any other requirements prescribed by regulation of the State Board; and

(1) A statute of this State expressly requires an employee who will have unrestricted interaction with pupils as part of his or her official duties to submit a complete set of his or her fingerprints to the public entity and written permission authorizing the public entity to forward those fingerprints to the Central Repository for Nevada Records of Criminal History for its report on the criminal history of the employee and for submission to the Federal Bureau of Investigation for its report on the criminal history of the employee;

(2) The statute expressly requiring the employee to submit his or her fingerprints in accordance with subparagraph (1) has been reviewed and approved by the Federal Bureau of Investigation as satisfying the requirements of federal law; and

(3) The investigation was conducted pursuant to the statute described in subparagraphs (1) and (2).

3. In addition to the exceptions described in subsections 1 and 2, a volunteer who is likely to have unsupervised contact with pupils is not required to submit fingerprints to the governing body of a charter school pursuant to NRS 388A.515 if the volunteer submits to the governing body a completed form prescribed by the Department, a statement from a public entity described in this subsection that is acceptable to the governing body or other sufficient evidence, or the governing body otherwise determines that:

(a) Not more than 6 months before the date on which the volunteer is required by NRS 388A.515 to submit his or her fingerprints, a public entity included on the list of entities compiled by the Department pursuant to NRS 391.106 determined the volunteer to be eligible for employment or licensure or to serve as a volunteer;

(b) It is the policy of the public entity to conduct an investigation into the criminal background of an employee, licensee or volunteer, as applicable, and that investigation meets the requirements of paragraph (c) and any other requirements prescribed by regulation of the State Board; and

(1) A statute of this State expressly requires an employee, licensee or volunteer, as applicable, to submit a complete set of his or her fingerprints to the public entity and written permission authorizing the public entity to forward those fingerprints to the Central Repository for Nevada Records of Criminal History for its report on the criminal history of the employee, licensee or volunteer, as applicable, and for submission to the Federal Bureau of Investigation for its report on the criminal history of the employee, licensee or volunteer, as applicable;

(2) The statute expressly requiring the employee, licensee or volunteer, as applicable, to submit his or her fingerprints in accordance with subparagraph (1) has been reviewed and approved by the Federal Bureau of Investigation as satisfying the requirements of federal law; and

(3) The investigation was conducted pursuant to the statute described in subparagraphs (1) and (2).

4. In addition to the exceptions described in subsections 1, 2 and 3, a volunteer who is likely to have unsupervised contact with pupils is not required to submit fingerprints to the governing body of a charter school pursuant to NRS 388A.515 if:

(a) The volunteer submits to the governing body a completed verification form prescribed by the Department, a statement from a public entity described in this subsection that is acceptable to the governing body or other sufficient evidence, or the governing body otherwise determines, that:

(1) Not more than 6 months before the date on which the volunteer is required by NRS 388A.515 to submit his or her fingerprints, a public entity that is not included on the list of entities compiled by the Department pursuant to NRS 391.106 determined the volunteer to be eligible for employment or licensure or to serve as a volunteer;

(2) It is the policy of the public entity to conduct an investigation into the criminal background of an employee, licensee or volunteer, as applicable, and that investigation meets the requirements of subparagraph (3) and any other requirements prescribed by regulation of the State Board; and

(3) For the purposes of the investigation conducted pursuant to subparagraph (2):

(I) A statute of this State expressly requires an employee, licensee or volunteer, as applicable, to submit a complete set of his or her fingerprints to the public entity and written permission authorizing the public entity to forward those fingerprints to the Central Repository for Nevada Records of Criminal History for its report on the criminal history of the employee, licensee or volunteer, as applicable, and for submission to the Federal Bureau of Investigation for its report on the criminal history of the employee, licensee or volunteer, as applicable;

(II) The statute expressly requiring the employee, licensee or volunteer, as applicable, to submit his or her fingerprints in accordance with sub-subparagraph (I) has been reviewed and approved by the Federal Bureau of Investigation as satisfying the requirements of federal law; and

(III) The investigation was conducted pursuant to the statute described in sub-subparagraphs (I) and (II);

(b) The governing body determines that the investigation described in paragraph (a) is at least as stringent as an investigation into the criminal background of a volunteer conducted pursuant to NRS 388A.515; and

(c) The governing body accepts the investigation. A governing body may, in its discretion, accept or reject an investigation described in this subsection for any reason.

5. In addition to the exceptions described in subsections 1 to 4, inclusive, a volunteer who is likely to have unsupervised contact with pupils is not required to submit fingerprints to the governing body of a charter school pursuant to NRS 388A.515 if:

(a) A statute of this State expressly requires the volunteer to submit a complete set of his or her fingerprints to another public entity and written permission authorizing the public entity to forward the fingerprints to the Central Repository for its report on the criminal history of the volunteer and for submission to the Federal Bureau of Investigation for its report on the criminal history of the volunteer;

(b) The statute expressly requiring the volunteer to submit his or her fingerprints in accordance with paragraph (a) has been reviewed and approved by the Federal Bureau of Investigation as satisfying the requirements of federal law; and

(c) The volunteer submitted his or her fingerprints to the public entity in accordance with the statute not more than 6 months before the date on which the volunteer is required by NRS 388A.515 to submit his or her fingerprints and written permission.

(Added to NRS by 2019, 1511; A 2023, 3067)

NRS 388A.518 Employment of teachers with certain qualifications required for certain instruction; qualifications of teachers who teach special education or English as second language.

1. Except as otherwise provided in this section, at least 80 percent of the teachers who provide instruction at a charter school must hold a license or endorsement to teach issued by the Superintendent of Public Instruction pursuant to chapter 391 of NRS.

2. If a charter school specializes in the construction industry or other building industry, teachers who are employed full-time to teach courses of study relating to business and industry must hold a license or endorsement issued by the Superintendent of Public Instruction pursuant to chapter 391 of NRS to teach such courses.

3. A teacher who is employed by a charter school, regardless of the date of hire, must be licensed to teach pursuant to chapter 391 of NRS if the teacher teaches one or more of the core academic subjects designated pursuant to NRS 389.018.

4. Except as otherwise provided in NRS 388A.515, a charter school may employ a person who does not hold a license or endorsement to teach issued by the Superintendent of Public Instruction pursuant to chapter 391 of NRS to teach a course of study for which a teacher is not required to hold a license or endorsement if the person has:

(a) A degree, a license or a certificate in the field for which the person is employed to teach at the charter school; and

(b) At least 2 years of experience in that field.

5. A teacher who is employed by a charter school to teach special education or English as a second language must be licensed to teach special education or English as a second language, as applicable.

(Added to NRS by 1997, 1852; A 1999, 3302; 2001, 3137; 2003, 19th Special Session, 44; 2005, 2406, 2542; 2007, 1258; 2011, 3058; 2015, 2085, 3302; 2017, 3240, 3398; 2021, 20, 492)

NRS 388A.521 Qualifications and employment of administrators; limitation on salaries of administrators.

1. Except as otherwise provided in NRS 388A.515, a charter school shall employ such administrators for the school as it deems necessary. A person employed as an administrator must possess:

(a) A valid teacher’s license issued pursuant to chapter 391 of NRS with an administrative endorsement;

(b) A master’s degree in school administration, public administration or business administration; or

(c) At least 5 years of experience in school administration, public administration or business administration and a baccalaureate degree.

2. Except as otherwise provided in subsection 3, the portion of the salary or other compensation of an administrator employed by a charter school that is derived from public funds must not exceed the salary or other compensation, as applicable, of the highest paid administrator in a comparable position in the school district in which the charter school is located. For purposes of determining the salary or other compensation of the highest paid administrator in a comparable position in the school district, the salary or other compensation of the superintendent of schools of that school district must not be included in the determination.

3. If the salary or other compensation paid to an administrator employed by a charter school from public funds exceeds the maximum amount prescribed in subsection 2, the sponsor of the charter school shall conduct an audit of the salary or compensation. The audit must include, without limitation, a review of the reasons set forth by the governing body of the charter school for the salary or other compensation and the interests of the public in using public funds to pay that salary or compensation. If the sponsor determines that the payment of the salary or other compensation from public funds is justified, the sponsor shall provide written documentation of its determination to the governing body of the charter school and to the Department. If the sponsor determines that the payment of the salary or other compensation from public funds is not justified, the governing body of the charter school shall reduce the salary or compensation paid to the administrator from public funds to an amount not to exceed the maximum amount prescribed in subsection 2.

(Added to NRS by 1997, 1852; A 1999, 3302; 2001, 3137; 2003, 19th Special Session, 44; 2005, 2406, 2542; 2007, 1258; 2011, 3058; 2015, 2085, 3302)—(Substituted in revision for part of NRS 386.590)

NRS 388A.524 Prohibition against employing person whose license has been suspended or revoked; submission of information concerning licensed employees to Department.

1. A charter school shall not employ a person pursuant to NRS 388A.518 or 388A.521 if the person’s license to teach or provide other educational services has been revoked or suspended in this State or another state.

2. A charter school shall annually, on or before the date prescribed by the Superintendent of Public Instruction, submit to the Department, in a format prescribed by the Superintendent of Public Instruction, the following information for each person who is licensed pursuant to chapter 391 of NRS and who is employed by the governing body during that year:

(a) The amount of salary or compensation of the licensed person, including, without limitation, verification of compliance with subsection 2 of NRS 388A.521, if applicable to that person; and

(b) The designated assignment, as that term is defined by the Department, of the licensed person.

(Added to NRS by 1997, 1852; A 1999, 3302; 2001, 3137; 2003, 19th Special Session, 44; 2005, 2406, 2542; 2007, 1258; 2011, 3058; 2015, 2085, 3302; 2017, 2113)—(Substituted in revision for part of NRS 386.590)

NRS 388A.527 Certain paraprofessionals required to possess qualifications prescribed by State Public Charter School Authority.

1. A person who is employed as a paraprofessional by a charter school to work in a program supported with Title I money must possess the qualifications prescribed by the State Public Charter School Authority.

2. As used in this section, “paraprofessional” has the meaning ascribed to it in NRS 391.008.

(Added to NRS by 2003, 19th Special Session, 44; A 2015, 3803; 2017, 3242)—(Substituted in revision for NRS 386.593)

Employment with Charter School

NRS 388A.530 Leave of absence from school district to accept employment with charter school.

1. The board of trustees of a school district shall grant a leave of absence, not to exceed 3 years, to any licensed employee who is employed by the board of trustees who requests such a leave of absence to accept employment with a charter school. After the first school year in which a licensed employee is on a leave of absence, the employee may return to a comparable teaching position with the board of trustees.

2. After the third school year, a licensed employee shall either submit a written request to return to a comparable teaching position or resign from the position for which the employee’s leave was granted.

3. The board of trustees shall grant a written request to return to a comparable position pursuant to subsection 2 even if the return of the licensed employee requires the board of trustees to reduce the existing workforce of the school district.

4. The board of trustees is not required to accept the return of the licensed employee if the employee does not comply with or is otherwise not eligible to return to employment pursuant to NRS 388A.538, including, without limitation, the refusal of the licensed employee to allow the school district to obtain the employment record of the employee that is maintained by the charter school.

5. The board of trustees may require that a request to return to a comparable teaching position submitted pursuant to subsection 2 be submitted at least 90 days before the employee would otherwise be required to report to duty.

(Added to NRS by 1997, 1853; A 1999, 3303; 2001, 1497, 3138, 3165; 2003, 223; 2005, 1665, 2408, 2543; 2011, 3060; 2013, 2932, 2934)—(Substituted in revision for part of NRS 386.595)

NRS 388A.533 Employees deemed to be public employees; terms and conditions of employment; transfer of employment records with school district to governing body.

1. All employees of a charter school shall be deemed public employees.

2. Except as otherwise provided in NRS 388A.5342, the governing body of a charter school may make all decisions concerning the terms and conditions of employment with the charter school and any other matter relating to employment with the charter school. In addition, the governing body may make all employment decisions with regard to its employees pursuant to NRS 391.650 to 391.826, inclusive, unless a collective bargaining agreement entered into by the governing body pursuant to chapter 288 of NRS contains separate provisions relating to the discipline of licensed employees of a school.

3. Upon the request of the governing body of a charter school, the board of trustees of a school district shall, with the permission of the licensed employee who is seeking employment with the charter school, transmit to the governing body a copy of the employment record of the employee that is maintained by the school district. The employment record must include, without limitation, each evaluation of the licensed employee conducted by the school district and any disciplinary action taken by the school district against the licensed employee.

(Added to NRS by 1997, 1853; A 1999, 3303; 2001, 1497, 3138, 3165; 2003, 223; 2005, 1665, 2408, 2543; 2011, 3060; 2013, 2932, 2934; 2017, 1189, 2114; 2019, 1127, 2680)—(Substituted in revision for part of NRS 386.595)

Response to Criminal Cases Involving Unlicensed Teachers and Administrators

NRS 388A.5332 “Arrest” defined. As used in NRS 388A.5332 to 388A.5342, inclusive, “arrest” has the meaning ascribed to it in NRS 171.104.

(Added to NRS by 2017, 2111)

1. The Department shall adopt regulations that establish a procedure for the notification, tracking and monitoring of the status of criminal cases involving teachers and administrators who are employed by a charter school but are not licensed pursuant to chapter 391 of NRS. The procedure must include, without limitation:

(a) The method by which the administrative head of a charter school must notify the Department in a timely manner of the arrest of such an employee if:

(1) The act for which the employee is arrested:

(I) May be a ground for the suspension or revocation of a person’s license pursuant to NRS 391.330; and

(II) Is not excluded by the Department from the notification requirements of this section; and

(2) The charter school has knowledge of the arrest.

(b) The method by which the administrative head of a charter school must notify the Department in a timely manner of:

(1) Each action, if any, taken against the employee by the charter school after the arrest; and

(2) The conviction of the employee, if the employee is convicted of the act for which he or she was arrested.

(c) The steps the Department must follow in response to the receipt of notice pursuant to this section, including, without limitation, the preparation of a separate file on the employee for the documentation and monitoring of the status of the case.

2. Each file that is maintained on an employee pursuant to subsection 1 must include, without limitation:

(a) The date on which the employee was arrested and the date on which the Department received notice of the arrest from the charter school;

(b) The reason why the employee was arrested;

(c) The steps taken by the Department in response to all notices received by the Department from a charter school pursuant to subsection 1; and

(d) The final resolution of the case and the date of resolution.

3. If the Department maintains a file on an employee pursuant to this section and the employee is not convicted of an offense, the file and any related documents must not be made a part of that employee’s permanent employment record.

4. The Department may prescribe a fee to be assessed against a charter school for the costs incurred by the Department for tracking and monitoring the status of a criminal case in accordance with the requirements prescribed pursuant to this section. Any fee prescribed pursuant to this section must be calculated to produce the revenue estimated to cover the costs related to tracking and monitoring the status of a criminal case, but the amount of the fee for tracking and monitoring the status of a criminal case must not exceed the actual cost to the Department of tracking and monitoring the status of the criminal case.

(Added to NRS by 2017, 2111)

NRS 388A.5336 Adoption of policy by governing body requiring unlicensed employees to report arrests for or convictions of a crime; contents of policy. The governing body of each charter school shall adopt a policy which requires a person who is employed by the charter school as a teacher or administrator but who is not licensed pursuant to chapter 391 of NRS to report to the charter school if the employee is arrested for or convicted of a crime. The policy must include, without limitation, an identification of:

1. The crimes for which an arrest or conviction must be reported;

2. The person to whom the report must be made; and

3. The time period after the arrest or conviction in which the report must be made.

(Added to NRS by 2017, 2112)

NRS 388A.5338 Timely submission of information by charter school. The administrative head of each charter school shall submit all information required by the Department pursuant to NRS 388A.5334 within the period prescribed by the Department.

(Added to NRS by 2017, 2112)

NRS 388A.5340 Immunity from liability for certain persons involved in making report, conducting investigation or submitting information concerning arrest. Immunity from civil or criminal liability extends to every person who, pursuant to NRS 388A.5332 to 388A.5342, inclusive, in good faith:

1. Participates in the making of a report;

2. Causes or conducts an investigation of a person who is employed by the charter school as a teacher or administrator who is not licensed pursuant to chapter 391 of NRS and who is arrested; or

3. Submits information to the Department concerning a person who is employed by the charter school as a teacher or administrator, who is not licensed pursuant to chapter 391 of NRS and who is arrested.

(Added to NRS by 2017, 2112)

NRS 388A.5342 Termination of employment upon conviction of certain crimes. The governing body of a charter school shall terminate the employment of any teacher or administrator who is employed by the charter school but is not licensed pursuant to chapter 391 of NRS upon his or her conviction of a:

1. Felony or crime involving moral turpitude;

2. Sex offense pursuant to NRS 200.366, 200.368, 201.190, 201.220, 201.230, 201.540 or 201.560; or

3. Violation of NRS 201.553.

(Added to NRS by 2017, 2112; A 2023, 2475)

Return to Employment at Other Public School

NRS 388A.535 Reassignment of licensed employees within school district upon termination of charter contract or cessation of operation; exceptions.

1. Except as otherwise provided in this section, if the charter contract of a charter school is terminated or if a charter school ceases to operate as a charter school, the licensed employees of the charter school must be reassigned to employment within the school district in accordance with the applicable collective bargaining agreement.

2. A school district is not required to reassign a licensed employee of a charter school pursuant to this section if the employee:

(a) Was not granted a leave of absence by the school district to accept employment at the charter school pursuant to NRS 388A.530;

(b) Was granted a leave of absence by the school district and did not submit a written request to return to employment with the school district in accordance with NRS 388A.530; or

(c) Does not comply with or is otherwise not eligible to return to employment pursuant to NRS 388A.538, including, without limitation, the refusal of the licensed employee to allow the school district to obtain the employment record of the employee that is maintained by the charter school.

(Added to NRS by 1997, 1853; A 1999, 3303; 2001, 1497, 3138, 3165; 2003, 223; 2005, 1665, 2408, 2543; 2011, 3060; 2013, 2932, 2934)

NRS 388A.538 Governing body required to transmit employment record to school district upon request of board of trustees; investigation into misconduct during leave of absence.

1. Upon the request of the board of trustees of a school district, the governing body of a charter school shall, with the permission of the licensed employee who is granted a leave of absence from the school district pursuant to NRS 388A.530, transmit to the school district a copy of the employment record of the employee that is maintained by the charter school before the return of the employee to employment with the school district pursuant to NRS 388A.530 or 388A.535.

2. The employment record must include, without limitation, each evaluation of the licensed employee conducted by the charter school and any disciplinary action taken by the charter school against the licensed employee.

3. Before the return of the licensed employee, the board of trustees of the school district may conduct an investigation into any misconduct of the licensed employee during the leave of absence from the school district and take any appropriate disciplinary action as to the status of the person as an employee of the school district, including, without limitation:

(a) The dismissal of the employee from employment with the school district; or

(b) Upon the employee’s return to employment with the school district, documentation of the disciplinary action taken against the employee into the employment record of the employee that is maintained by the school district.

4. If a school district conducts an investigation pursuant to subsection 3:

(a) The licensed employee is not entitled to return to employment with the school district until the investigation is complete; and

(b) The investigation must be conducted within a reasonable time.

(Added to NRS by 1997, 1853; A 1999, 3303; 2001, 1497, 3138, 3165; 2003, 223; 2005, 1665, 2408, 2543; 2011, 3060; 2013, 2932, 2934)—(Substituted in revision for part of NRS 386.595)

Benefits

NRS 388A.541 Eligibility for benefits of licensed employee on leave of absence; time on leave of absence does not count toward permanent status.

1. A licensed employee who is on a leave of absence from a school district pursuant to NRS 388A.530:

(a) Shall contribute to and be eligible for all benefits for which the employee would otherwise be entitled, including, without limitation, participation in the Public Employees’ Retirement System and accrual of time for the purposes of leave and retirement.

(b) Continues, while the employee is on leave, to be covered by the collective bargaining agreement of the school district only with respect to any matter relating to his or her status or employment with the district.

2. The time during which such an employee is on a leave of absence and employed in a charter school does not count toward the acquisition of permanent status with the school district.

3. Upon the return of a teacher to employment in the school district, the teacher is entitled to the same level of retirement, salary and any other benefits to which the teacher would otherwise be entitled if the teacher had not taken a leave of absence to teach in a charter school.

4. An employee of a charter school who is not on a leave of absence from a school district is eligible for all benefits for which the employee would be eligible for employment in a public school, including, without limitation, participation in the Public Employees’ Retirement System.

(Added to NRS by 1997, 1853; A 1999, 3303; 2001, 1497, 3138, 3165; 2003, 223; 2005, 1665, 2408, 2543; 2011, 3060; 2013, 2932, 2934)—(Substituted in revision for part of NRS 386.595)

NRS 388A.544 Determination of appropriate level of contribution toward retirement benefits; participation in plan of group insurance.

1. For all employees of a charter school:

(a) The compensation that a teacher or other school employee would have received if he or she were employed by the school district must be used to determine the appropriate levels of contribution required of the employee and employer for purposes of the Public Employees’ Retirement System.

(b) The compensation that is paid to a teacher or other school employee that exceeds the compensation that the employee would have received if he or she were employed by the school district must not be included for the purposes of calculating future retirement benefits of the employee.

2. If the board of trustees of a school district in which a charter school is located manages a plan of group insurance for its employees, the governing body of the charter school may negotiate with the board of trustees to participate in the same plan of group insurance that the board of trustees offers to its employees. If the employees of the charter school participate in the plan of group insurance managed by the board of trustees, the governing body of the charter school shall:

(a) Ensure that the premiums for that insurance are paid to the board of trustees; and

(b) Provide, upon the request of the board of trustees, all information that is necessary for the board of trustees to provide the group insurance to the employees of the charter school.

(Added to NRS by 1997, 1853; A 1999, 3303; 2001, 1497, 3138, 3165; 2003, 223; 2005, 1665, 2408, 2543; 2011, 3060; 2013, 2932, 2934)—(Substituted in revision for part of NRS 386.595)

Miscellaneous Provisions

NRS 388A.547 Charter school required to designate employee authorized to administer auto-injectable epinephrine or opioid antagonist; training for proper storage and administration.

1. Each charter school shall designate one or more employees of the school who is authorized to administer auto-injectable epinephrine.

2. Each charter school that obtains an order from a health care professional for an opioid antagonist pursuant to NRS 453C.105 shall designate at least two employees of the school who are authorized to administer the opioid antagonist.

3. Each charter school shall ensure that each person so designated to administer medication pursuant to subsection 1 or 2 receives training in the proper storage and administration of auto-injectable epinephrine or opioid antagonists, as applicable.

4. As used in this section, “opioid antagonist” has the meaning ascribed to it in NRS 453C.040.

(Added to NRS by 2013, 1224; A 2021, 426)

CHARTER SCHOOL FINANCING LAW

General Provisions

NRS 388A.550 Short title. NRS 388A.550 to 388A.695, inclusive, may be cited as the Charter School Financing Law.

(Added to NRS by 2013, 1588)—(Substituted in revision for NRS 386.612)

NRS 388A.555 Definitions. As used in NRS 388A.550 to 388A.695, inclusive, unless the context otherwise requires, the words and terms defined in NRS 388A.560 to 388A.605, inclusive, have the meanings ascribed to them in those sections.

(Added to NRS by 2013, 1588)—(Substituted in revision for NRS 386.613)

NRS 388A.560 “Bond” and “revenue bond” defined. “Bond” or “revenue bond” means any bond, note, security or other evidence of indebtedness issued pursuant to NRS 388A.550 to 388A.695, inclusive.

(Added to NRS by 2013, 1588)—(Substituted in revision for NRS 386.614)

NRS 388A.565 “Cost of the project” defined. “Cost of the project” means all or a designated part of the cost of any project, including any incidental cost pertaining to the project. The cost of a project may include, without limitation, the costs of:

1. Surveys, audits, preliminary plans, other plans, specifications, estimates and other costs of preparations;

2. Appraising, printing, estimating, advice and services of engineers, architects, financial consultants, attorneys, clerical personnel and other agents and employees;

3. Publishing, posting, mailing and otherwise giving notice, filing or recording instruments, taking options and fees to banks;

4. Establishment of a reserve for contingencies;

5. Interest on bonds for any time which does not exceed the estimated period of construction plus 1 year, discounts on bonds, reserves for the payment of the principal of and interest on bonds, replacement expenses and other costs of issuing bonds;

6. Amending any resolution or other instrument authorizing the issuance of, or otherwise relating to, bonds for the project; and

7. Short-term financing and the expense of operation and maintenance of the project.

(Added to NRS by 2013, 1588)—(Substituted in revision for NRS 386.615)

NRS 388A.570 “Director of the Department of Business and Industry” defined. “Director of the Department of Business and Industry” means the Director of the Department of Business and Industry or any person within the Department of Business and Industry designated by the Director of the Department of Business and Industry to perform duties in connection with a project or the issuance of bonds pursuant to NRS 388A.550 to 388A.695, inclusive.

(Added to NRS by 2013, 1589; A 2015, 2387)—(Substituted in revision for NRS 386.616)

NRS 388A.575 “Expense of operation and maintenance” defined. “Expense of operation and maintenance” means any reasonable and necessary expense of the State for the operation, maintenance and administration of a project or of the collection and administration of revenues from a project and includes, without limitation:

1. Expenses for engineering, auditing, reporting, legal services and other expenses of the Director of the Department of Business and Industry which are directly related to the administration of projects.

2. Premiums for fidelity bonds and policies of property and liability insurance pertaining to projects, and shares of the premiums of blanket bonds and policies which may be reasonably allocated to the State.

3. Payments to pension, retirement, health insurance and other insurance funds.

4. Reasonable charges made by any paying agent, commercial bank, credit union, trust company or other depository bank pertaining to bonds issued pursuant to NRS 388A.550 to 388A.695, inclusive.

5. Services rendered under the terms of a contract, services of professionally qualified persons, salaries, administrative expenses and the cost of materials, supplies and labor pertaining to the issuance of any bonds pursuant to NRS 388A.550 to 388A.695, inclusive, including the expenses of any trustee, receiver or other fiduciary.

6. Costs incurred in the collection and any refund of revenues from a project, including the amount of the refund.

7. Fees and costs incurred by the Director of the Department of Business and Industry for ensuring compliance with the provisions of NRS 388A.550 to 388A.695, inclusive.

(Added to NRS by 2013, 1589)—(Substituted in revision for NRS 386.617)

NRS 388A.580 “Finance” and “financing” defined. “Finance” or “financing” includes, without limitation, the issuance of bonds by the Director of the Department of Business and Industry for the purpose of using all or any part of the proceeds to pay for or to reimburse a user or the designee of a user for the cost of acquiring, improving or equipping the facilities of a project, or to provide money for the project itself, where appropriate, whether these costs are incurred by the obligor or a designee of the obligor.

(Added to NRS by 2013, 1589)—(Substituted in revision for NRS 386.618)

NRS 388A.585 “Financing agreement” defined. “Financing agreement” means an agreement by which the Director of the Department of Business and Industry agrees to issue bonds pursuant to NRS 388A.550 to 388A.695, inclusive, to finance one or more projects and the obligor agrees to:

1. Make payments directly or through notes, debentures, bonds or other secured or unsecured debt obligations of the obligor executed and delivered by the obligor to the Director of the Department of Business and Industry or his or her designee or assignee, including a trustee, sufficient to pay the principal of, premium, if any, and interest on the bonds;

2. Pay other amounts required by NRS 388A.550 to 388A.695, inclusive; and

3. Comply with all the applicable provisions of NRS 388A.550 to 388A.695, inclusive.

(Added to NRS by 2013, 1590; A 2015, 2387)—(Substituted in revision for NRS 386.619)

NRS 388A.590 “Mortgage” defined. “Mortgage” means a mortgage, trust deed or other security device.

(Added to NRS by 2013, 1590)—(Substituted in revision for NRS 386.620)

NRS 388A.595 “Obligor” defined. “Obligor” means a charter school, natural person, partnership, firm, company, corporation, association, trust, estate, political subdivision, state agency or any other legal entity, or its legal representative, agent or assigns, who agrees to make the payments required by a financing agreement.

(Added to NRS by 2013, 1590)—(Substituted in revision for NRS 386.621)

NRS 388A.600 “Project” defined. “Project” means:

1. Any building, structure or real property owned, to be acquired or used by a charter school for any of its educational purposes and all related appurtenances, easements, rights-of-way, improvements, paving, utilities, landscaping and parking facilities, together with all the personal property necessary, convenient or appurtenant thereto; or

2. Any capital equipment owned, to be acquired or used by a charter school for any of its educational purposes.

(Added to NRS by 2013, 1590)—(Substituted in revision for NRS 386.622)

NRS 388A.605 “Revenues” defined. “Revenues” includes, with respect to a project, payments under a lease, agreement of sale or financing agreement, or under notes, debentures, bonds and other secured or unsecured debt obligations of an obligor executed and delivered by the obligor to the Director of the Department of Business and Industry or his or her designee or assignee, including a trustee, pursuant to a lease, agreement of sale or financing agreement, or under any guarantee of or insurance with respect to any such lease, agreement of sale or financing agreement.

(Added to NRS by 2013, 1590)—(Substituted in revision for NRS 386.624)

NRS 388A.620 Declaration of legislative intent.

1. It is the intent of the Legislature to authorize the Director of the Department of Business and Industry to finance facilities or other improvements to be owned, acquired and used by a charter school for any of its educational purposes.

2. The Director of the Department of Business and Industry has all the powers necessary to accomplish the purposes set forth in NRS 388A.550 to 388A.695, inclusive, but these powers must be exercised for the health, safety, convenience, prosperity and welfare of the inhabitants of this State.

3. NRS 388A.550 to 388A.695, inclusive, must be liberally construed in conformity with the purposes set forth in this section.

(Added to NRS by 2013, 1590)—(Substituted in revision for NRS 386.628)

NRS 388A.625 Limitation of actions. No action may be brought questioning the legality of any contract, lease, agreement, indenture, mortgage, order or bonds executed, adopted or taken in connection with any project or improvements authorized by NRS 388A.550 to 388A.695, inclusive, more than 30 days after the effective date of the order of the Director of the Department of Business and Industry authorizing the issuance of those bonds.

(Added to NRS by 2013, 1595)—(Substituted in revision for NRS 386.644)

NRS 388A.630 Faith of State pledged against repeal, amendment or modification of NRS 388A.550 to 388A.695, inclusive.

1. Except as otherwise provided in subsection 2, the faith of the State is hereby pledged that NRS 388A.550 to 388A.695, inclusive, will not be repealed, amended or modified to impair any outstanding bonds or any revenues pledged to their payment, or to impair, limit or alter the rights or powers vested in a charter school to acquire, finance, improve and equip a project in any way that would jeopardize the interest of any lessee, purchaser or other obligor, or to limit or alter the rights or powers vested in the Director of the Department of Business and Industry to perform any agreement made with any lessee, purchaser or other obligor, until all bonds have been discharged in full or provisions for their payment and redemption have been fully made.

2. The provisions of subsection 1 must not be construed so as to bind the State, the Legislature or any agency of the foregoing to continue to apportion funds to charter schools or to maintain such apportionments at any existing levels.

(Added to NRS by 2013, 1595; A 2015, 2391)—(Substituted in revision for NRS 386.646)

NRS 388A.635 Sufficiency of NRS 388A.550 to 388A.695, inclusive; construction.

1. NRS 388A.550 to 388A.695, inclusive, without reference to other statutes of this State, constitute full authority for the exercise of powers granted in those sections, including, without limitation, the authorization and issuance of bonds.

2. No other act or law with regard to the authorization or issuance of bonds that provides for an election, requires an approval, or in any way impedes or restricts the carrying out of the acts authorized by NRS 388A.550 to 388A.695, inclusive, to be done, applies to any proceedings taken or acts done pursuant to those sections, except for laws to which reference is expressly made in those sections or by necessary implication of those sections.

3. The provisions of no other law, either general or local, except as provided in NRS 388A.550 to 388A.695, inclusive, apply to the doing of the things authorized in those sections to be done, and no board, agency, bureau, commission or official not designated in those sections has any authority or jurisdiction over the doing of any of the acts authorized in those sections to be done, except as otherwise provided in those sections.

4. A project is not subject to any requirements relating to public buildings, structures, ground works or improvements imposed by the statutes of this State or any other similar requirements which may be lawfully waived by this section, and any requirement of competitive bidding or other restriction imposed on the procedure for award of contracts for such purpose or the lease, sale or other disposition of property is not applicable to any action taken pursuant to NRS 388A.550 to 388A.695, inclusive, except that the provisions of NRS 338.013 to 338.090, inclusive, apply to any contract for new construction, repair or reconstruction for which tentative approval for financing is granted on or after July 1, 2019, by the Director of the Department of Business and Industry. The Director, the lessee, purchaser or other obligor, any contractor who is awarded a contract or enters into an agreement to perform the construction, repair or reconstruction for the project, and any subcontractor who performs any portion of such construction, repair or reconstruction shall comply with the provisions of NRS 338.013 to 338.090, inclusive, in the same manner as if a public body had undertaken the project or had awarded the contract.

5. Any bank or trust company located within or without this State may be appointed and act as a trustee with respect to bonds issued and projects financed pursuant to NRS 388A.550 to 388A.695, inclusive, without the necessity of associating with any other person or entity as cofiduciary, but such an association is not prohibited.

6. The powers conferred by NRS 388A.550 to 388A.695, inclusive, are in addition and supplemental to, and not in substitution for, and the limitations imposed by those sections do not affect, the powers conferred by any other law.

7. No part of NRS 388A.550 to 388A.695, inclusive, repeals or affects any other law or part thereof, except to the extent that those sections are inconsistent with any other law, it being intended that those sections provide a separate method of accomplishing its objectives, and not an exclusive one.

8. The Director of the Department of Business and Industry or a person designated by the Director of the Department of Business and Industry may take any actions and execute and deliver any instruments, contracts, certificates and other documents, including the bonds, necessary or appropriate for the sale and issuance of the bonds or accomplishing the purposes of NRS 388A.550 to 388A.695, inclusive, without the assistance or intervention of any other officer.

(Added to NRS by 2013, 1595; A 2015, 2391; 2019, 714)—(Substituted in revision for NRS 386.647)

NRS 388A.640 Regulations. The Director of the Department of Business and Industry shall adopt regulations to carry out the provisions of NRS 388A.550 to 388A.695, inclusive, including, without limitation, regulations for:

1. Investment and reinvestment of the proceeds from the sale of the bonds, including, without limitation:

(a) Bonds or other obligations of the United States of America.

(b) Bonds or other obligations, the payment of the principal and interest of which is unconditionally guaranteed by the United States of America.

(c) Obligations issued or guaranteed as to principal and interest by any agency or person controlled or supervised by and acting as an instrumentality of the United States of America pursuant to authority granted by the Congress of the United States of America.

(d) Obligations issued or guaranteed by any state of the United States of America, or any political subdivision of any state.

(e) Prime commercial paper.

(f) Prime finance company paper.

(g) Bankers’ acceptances drawn on and accepted by commercial banks.

(h) Repurchase agreements fully secured by obligations issued or guaranteed as to principal and interest by the United States of America or by any person controlled or supervised by and acting as an instrumentality of the United States of America pursuant to authority granted by the Congress of the United States of America.

(i) Certificates of deposit issued by credit unions or commercial banks, including banks domiciled outside of the United States of America.

(j) Money market mutual funds that:

(1) Are registered with the Securities and Exchange Commission;

(2) Are rated by a nationally recognized rating service as “AAA” or its equivalent; and

(3) Invest only in securities issued or guaranteed as to payment of principal and interest by the Federal Government, or its agencies or instrumentalities, or in repurchase agreements that are fully collateralized by such securities.

2. Receiving, holding and disbursing of proceeds of the sale of bonds by one or more banks, credit unions or trust companies located within or without this State.

(Added to NRS by 2013, 1593)—(Substituted in revision for NRS 386.649)

Prerequisites to Financing Project

NRS 388A.650 Findings of Director of Department of Business and Industry; approval of findings by State Board of Finance. Except as otherwise provided in NRS 388A.685, the Director of the Department of Business and Industry shall not finance a project unless, before financing the project, the Director of the Department of Business and Industry finds and the State Board of Finance approves the findings of the Director of the Department of Business and Industry that:

1. The project consists of any land, building or other improvement, and all real and personal properties necessary in connection therewith, which is suitable for new construction, improvement, restoration or rehabilitation of charter school facilities;

2. The charter school for whose benefit the project is being financed is not in default under the charter contract granted by its sponsor, as determined by the sponsor;

3. The charter school for whose benefit the project is being financed has received, within the most recent 2 consecutive school years for which the charter school received an annual rating, one of the three highest ratings of performance pursuant to the statewide system of accountability for public schools, or has received equivalent ratings in another state, as determined by the Department of Education;

4. There are sufficient safeguards to ensure that all money provided by the Director of the Department of Business and Industry will be expended solely for the purposes of the project;

5. There are sufficient safeguards to ensure that the Director of the Department of Business and Industry will have the ability to monitor compliance with the provisions of NRS 388A.550 to 388A.695, inclusive, on an ongoing basis with respect to the project;

6. Through the advice of counsel or other reliable source, the project has received all approvals by the local, state and federal governments which may be necessary to proceed with construction, improvement, rehabilitation or redevelopment of the project; and

7. There has been a request by a charter school, lessee, purchaser or other obligor to have the Director of the Department of Business and Industry issue bonds to finance the project.

(Added to NRS by 2013, 1591; A 2015, 2388; 2021, 21)

NRS 388A.655 Additional considerations by Director of Department of Business and Industry and State Board of Finance; regulations of Director of Department of Business and Industry.

1. Except as otherwise provided in NRS 388A.685, before financing a project pursuant to NRS 388A.650, the Director of the Department of Business and Industry and the State Board of Finance must:

(a) Determine the total amount of money necessary to be provided by the Director of the Department of Business and Industry for financing the project.

(b) Except as otherwise provided in this subsection, receive a 5-year operating history from the contemplated charter school, lessee, purchaser or other obligor that will make or guarantee the payment of the principal, premium, if any, and interest on any bond issued. An operating history is not required if the bonds:

(1) Are to be sold only to qualified institutional buyers, as defined in Rule 144A of the Securities and Exchange Commission, 17 C.F.R. § 230.144A, in minimum denominations of at least $100,000; or

(2) Will receive a rating within one of the top four rating categories of Moody’s Investors Service, Inc., Standard and Poor’s Rating Services or Fitch IBCA, Inc.

(c) Consider whether the contemplated charter school, lessee, purchaser or other obligor that will make or guarantee the payment of the principal, premium, if any, and interest on any bonds issued has received within the 12 months immediately preceding the date of the findings of the Director of the Department of Business and Industry, or then has or has not in effect, a rating within one of the top four rating categories of Moody’s Investors Service, Inc., Standard and Poor’s Rating Services or Fitch IBCA, Inc.

(d) Consider the extent to which the project is affected by any federal, state or local governmental action, activity, program or development.

(e) Consider the length of time the charter school, lessee, purchaser or other obligor of the project has maintained facilities appropriate to the community in this State.

2. The Director of the Department of Business and Industry may adopt regulations to set forth additional factors to be considered by the Director of the Department of Business and Industry and the State Board of Finance before financing a project pursuant to NRS 388A.650.

(Added to NRS by 2013, 1591; A 2015, 2389)—(Substituted in revision for NRS 386.633)

NRS 388A.660 Limitation on amount and purpose of financing; establishment of and compliance with guidelines for financing project.

1. The Director of the Department of Business and Industry may provide financing for a project pursuant to NRS 388A.550 to 388A.695, inclusive, if:

(a) The financing is limited in amount and purpose to the payment of the costs associated with:

(1) The acquisition, construction, improvement, restoration or rehabilitation of the project; and

(2) The cost of the project;

(b) The Director of the Department of Business and Industry makes the findings required by NRS 388A.650; and

(c) The Director of the Department of Business and Industry complies with the guidelines established by the Director of the Department of Business and Industry pursuant to subsection 2.

2. The Director of the Department of Business and Industry shall establish guidelines for the provision of financing for a project pursuant to NRS 388A.550 to 388A.695, inclusive.

(Added to NRS by 2013, 1592; A 2015, 2389)—(Substituted in revision for NRS 386.634)

Bonds

NRS 388A.670 Special obligations of State.

1. All bonds issued by the Director of the Department of Business and Industry pursuant to NRS 388A.550 to 388A.695, inclusive, are special, limited obligations of the State. The principal of and interest on such bonds are payable, subject to the security provisions of NRS 388A.550 to 388A.695, inclusive, solely out of the revenues derived from the financing, leasing or sale of the project or projects to be financed by the bonds.

2. The bonds and interest coupons, if any, which are part of those bonds do not constitute the debt or indebtedness of the State or any city or county within the meaning of any provision or limitation of the Constitution of the State of Nevada or statutes, and do not constitute or give rise to a pecuniary liability of the State or a charge against its general credit or taxing powers. This limitation must be plainly stated on the face of each bond.

(Added to NRS by 2013, 1592)—(Substituted in revision for NRS 386.636)

NRS 388A.675 Form and terms; sale; employment of financial and legal consultants authorized as incidental expense to project.

1. Any bonds issued pursuant to NRS 388A.550 to 388A.695, inclusive, must be authorized by an order of the Director of the Department of Business and Industry and must:

(a) Be in denominations;

(b) Bear the date or dates;

(d) Bear interest at a rate or rates;

(e) Be in the form;

(f) Carry the registration privileges;

(g) Be executed in the manner;

(h) Be payable at the place or places within or without the State; and

(i) Be subject to the terms of redemption,

Ê as provided by the order authorizing their issuance.

2. Any bonds issued pursuant to NRS 388A.550 to 388A.695, inclusive, may be sold in one or more series at par, or below or above par, in the manner and for the price or prices which the Director of the Department of Business and Industry determines in his or her discretion, and are not required to obtain a credit rating. As an incidental expense to any project to be financed by the bonds, the Director of the Department of Business and Industry may employ financial and legal consultants in regard to the financing of the project on an ongoing basis.

3. Any bonds issued pursuant to NRS 388A.550 to 388A.695, inclusive, are fully negotiable under the terms of the Uniform Commercial Code—Investment Securities.

(Added to NRS by 2013, 1592; A 2015, 2390)—(Substituted in revision for NRS 386.637)

NRS 388A.680 Security. The principal of, the interest on and any prior redemption premiums due in connection with the bonds issued pursuant to NRS 388A.550 to 388A.695, inclusive, are payable from, secured by a pledge of, and constitute a lien on the revenues out of which the bonds have been made payable. In addition, they may, in the discretion of the Director of the Department of Business and Industry, be secured by:

1. A mortgage or mortgages covering all or part of any project financed with the proceeds of the bonds, or upon any other property of the lessees, purchasers or obligors of those projects, or by a pledge of the lease, the agreement of sale or the financing agreement with respect to one or more of the projects, or both.

2. A pledge of one or more notes, debentures, bonds or other secured or unsecured debt obligations of the obligor of one or more of the projects.

3. The proceeds of the bonds and income from investment of the proceeds and of revenues.

(Added to NRS by 2013, 1593)—(Substituted in revision for NRS 386.638)

NRS 388A.685 Refunding.

1. Any bonds issued pursuant to NRS 388A.550 to 388A.695, inclusive, may be refunded by the Director of the Department of Business and Industry by the issuance of refunding bonds in an amount which the Director of the Department of Business and Industry determines necessary to refund the principal of the bonds to be so refunded, any unpaid interest thereon and any premiums and incidental expenses necessary to be paid in connection with refunding.

2. Refunding may be carried out whether the bonds to be refunded have matured or thereafter mature, either by sale of the refunding bonds and the application of the proceeds to the payment of the bonds to be refunded, or by exchange of the refunding bonds for the bonds to be refunded. The holders of the bonds to be refunded must not be compelled, without their consent, to surrender their bonds for payment or exchange before the date on which they are payable by maturity, option to redeem or otherwise, or if they are called for redemption before the date on which they are by their terms subject to redemption by option or otherwise.

3. All refunding bonds issued pursuant to this section must be payable solely from revenues and other money out of which the bonds to be refunded thereby are payable or from revenues out of which bonds of the same character may be made payable under this or any other law then in effect at the time of the refunding.

4. The Director of the Department of Business and Industry shall not issue refunding bonds unless, before the refinancing, the Director of the Department of Business and Industry finds that issuance of refunding bonds will provide a lower cost of financing for the obligor or provide some other public benefit, but the findings, determinations and approval required by NRS 388A.650 are not required with respect to refunding bonds issued pursuant to this section.

(Added to NRS by 2013, 1594; A 2015, 2390)—(Substituted in revision for NRS 386.639)

NRS 388A.690 Exemption from taxation; exceptions.

1. Except as otherwise provided in subsection 2, bonds and other securities issued pursuant to NRS 388A.550 to 388A.695, inclusive, their transfer and the income produced by the bonds and other securities is and must forever be and remain free and exempt from taxation by this State or any political subdivision of this State.

2. The provisions of subsection 1 do not apply to the tax on the transfers of taxable estates imposed by chapter 375A of NRS or the tax on generation-skipping transfers imposed by chapter 375B of NRS.

(Added to NRS by 2013, 1594)—(Substituted in revision for NRS 386.640)

NRS 388A.695 General power of Director of Department of Business and Industry to issue bonds. When the Director of the Department of Business and Industry has received requests from one or more charter schools, lessees, purchasers or other obligors, the Director of the Department of Business and Industry may issue revenue bonds to obtain money to fulfill the requests. Title to or in a project may at all times remain in the obligor or the obligor’s designee or assignee and, in that case, the bonds must be secured by a pledge of one or more notes, debentures, bonds or other secured or unsecured debt obligations of the obligor.

(Added to NRS by 2013, 1590; A 2015, 2388)—(Substituted in revision for NRS 386.630)

CHARTER SCHOOLS FOR DISTANCE EDUCATION

NRS 388A.700 Definitions. As used in NRS 388A.700 to 388A.740, inclusive, unless the context otherwise requires, the words and terms defined in NRS 388A.705 to 388A.720, inclusive, have the meanings ascribed to them in those sections.

(Added to NRS by 2019, 1621)

NRS 388A.705 “Charter school for distance education” defined. “Charter school for distance education” means a charter school that provides a full-time program of distance education.

(Added to NRS by 2019, 1621)

NRS 388A.710 “Course of distance education” defined. “Course of distance education” has the meaning ascribed to it in NRS 388.823.

(Added to NRS by 2019, 1621)

NRS 388A.715 “Distance education” defined. “Distance education” has the meaning ascribed to it in NRS 388.826.

(Added to NRS by 2019, 1622)

NRS 388A.720 “Program of distance education” defined. “Program of distance education” has the meaning ascribed to it in NRS 388.829.

(Added to NRS by 2019, 1622)

NRS 388A.725 Application to operate; authorization; standard charter contract; contents.

1. A charter school that is sponsored by the State Public Charter School Authority, or a committee to form a charter school or charter management organization that has submitted an application to be sponsored by the State Public Charter School Authority, may apply to the State Public Charter School Authority for authorization to operate as a charter school for distance education. The charter school, committee to form a charter school or charter management organization shall include in its application to the State Public Charter School Authority a description of:

(a) The support available to each pupil, in his or her home or community, including, without limitation, the availability and frequency of interactions between the pupil and teachers;

(b) The methods the charter school for distance education will use to administer any test, exam or assessment required by state or federal law;

(d) The criteria pupils must meet to be eligible for enrollment at the charter school for distance education and the process for accepting pupils.

2. The State Public Charter School Authority may authorize:

(a) A charter school to operate as a charter school for distance education if the charter school satisfies the requirements of subsection 1.

(b) A committee to form a charter school or a charter management organization to form or operate, as applicable, a charter school for distance education if the committee to form a charter school or charter management organization satisfies the requirements of subsection 1 and of subsection 3 of NRS 388A.249.

3. The State Public Charter School Authority shall adopt a standard charter contract that meets the requirements for charter contracts pursuant to NRS 388A.270 to be used for each charter school for distance education.

4. In addition to any other provisions required by law, a charter contract to operate a charter school for distance education entered into on or after July 31, 2019, must include a description of:

(a) The support available to each pupil, in his or her home or community, including, without limitation, the availability and frequency of interactions between the pupil and teachers;

(b) The methods the charter school for distance education will use to administer any test, exam or assessment required by state or federal law;

(d) The criteria pupils must meet to be eligible for enrollment at the charter school for distance education and the process for accepting pupils.

(Added to NRS by 2019, 1622)

NRS 388A.730 Consideration of information relating to pupil’s progress for purposes of collecting information on attendance, truancy and transiency of pupils. For the purposes of collecting the information required pursuant to NRS 385A.240 on the attendance, truancy and transiency of pupils, a charter school for distance education may consider the following information:

1. The amount of time each pupil spends on a computer, television, Internet website or other means of communication used to administer the program of distance education.

2. The progress of each pupil in completing tasks during a specific period of time.

3. The number of lessons and units completed by each pupil.

(Added to NRS by 2019, 1622)

NRS 388A.735 State Public Charter School Authority deemed local educational agency for schools sponsored by Authority; exception.

1. Except as otherwise provided in subsection 2, the State Public Charter School Authority is hereby deemed a local educational agency for all charter schools for distance education which are sponsored by the State Public Charter School Authority.

2. The Department may adopt regulations to deem a charter school for distance education sponsored by the State Public Charter School Authority a local educational authority. Such a determination must be made on or before March 1 of each even-numbered year and does not become effective until July 1 of the next even-numbered year.

(Added to NRS by 2019, 1623)

NRS 388A.740 Regulations.

1. The Department shall adopt any regulations necessary to carry out the provisions of NRS 388A.462 and 388A.700 to 388A.740, inclusive, including, without limitation, regulations for:

(a) The delegation of oversight responsibilities to any subcommittee of the State Public Charter School Authority.

(b) Establishing different requirements for the operation or regulation of or any other matter that requires the different treatment of charter schools for distance education sponsored by the State Public Charter School Authority and traditional charter schools sponsored by the State Public Charter School Authority.

(c) Determining when a pupil enrolled at a charter school for distance education may be suspended or expelled from such charter school pursuant to NRS 388A.495 for failing to actively participate in the charter school for distance education.

2. As used in this section:

(a) “Expel” has the meaning ascribed to it in NRS 392.4603.

(b) “Suspend” has the meaning ascribed to it in NRS 392.4607.

(Added to NRS by 2019, 1623; A 2021, 2327)