NAC: CHAPTER 388A - CHARTER SCHOOLS

[Rev. 8/24/2021 2:10:26 PM]

[NAC-388A Revised Date: 8-21]

CHAPTER 388A - CHARTER SCHOOLS

GENERAL PROVISIONS

388A.010 Definitions.

388A.015 “Authorized insurer” defined.

388A.020 “Charter school” defined.

388A.025 “Department” defined.

388A.030 “Fiscal year” defined.

388A.035 “Governing body” defined.

388A.037 “Multi-campus school” defined.

388A.039 “Single-campus school” defined.

FORMATION

General Requirements

388A.100 Committee to form charter school and governing body: Interpretation of statutory qualification for membership.

388A.105 “First day of operation of the charter school after the charter contract has been executed” interpreted.

388A.110 Administrative head: Selection; qualifications and responsibilities; notification of selection or replacement.

388A.115 Appointment of liaison between committee to form charter school and proposed sponsor.

388A.120 Sponsorship of charter schools by board of trustees and Nevada System of Higher Education: Application for authorization.

388A.125 Submission and contents of letter of intent to form charter school.

388A.130 Application to form charter school: Forms; restrictions on submission and acceptance.

388A.135 Application to form charter school: Proposed dates of enrollment for first year of operation; limits on acceptance of applications for enrollment.

388A.140 Application to form charter school: Inclusion of information regarding facility and equipment.

388A.145 Application to form charter school: Inclusion of information regarding educational program.

388A.150 Application to form charter school: Inclusion of information regarding committee to form charter school, and governance and staffing.

388A.155 Application to form charter school: Inclusion of information regarding issues of health and safety.

388A.160 Application to form charter school: Inclusion of certain miscellaneous information.

388A.165 Restrictions on application to form charter school submitted to State Public Charter School Authority after previous denials of application.

388A.170 Public meeting required to consider certain resubmitted applications.

388A.175 Grounds for denial by proposed sponsor of application to form charter school.

388A.180 Submission of certificate of occupancy for certain facilities.

388A.185 Duty of governing body to provide written notice of any change in mailing address of a charter school.

388A.190 Provision and maintenance of industrial and general liability insurance coverage.

388A.195 Provision and maintenance of insurance coverage or reserve fund for certain compensatory damages and certain fees, costs and expenses.

388A.200 Advisory committee required to comply with Open Meeting Law.

388A.205 Department to conduct comprehensive review of sponsors every 3 years; determination to continue or revoke authorization of sponsor based on comprehensive review; sponsor required to submit application to sponsor additional charter schools in certain circumstances.

Additional Requirements for Charter Schools Sponsored by the State Public Charter School Authority

388A.250 “Applicant” defined.

388A.255 Abbreviated application to form charter school.

388A.260 Application to form charter school: Submission or notice of intent to submit; examination; withdrawal; establishment and duties of review panel; review of recommendation by State Public Charter School Authority; considerations; decision concerning applicant is final; duties of approved applicant.

388A.265 Submission of redacted application to be shared with public.

388A.270 Designation of applicant as proven provider.

AMENDMENT, REVOCATION AND TERMINATION OF CHARTERS AND CHARTER CONTRACTS; CLOSURE

General Requirements

388A.300 Request for change in sponsorship of charter school.

388A.305 Amendment of charter contract: Public meeting; approval of majority of members of governing board required; request; authority for approval by staff of sponsor.

388A.310 Amendment of charter contract: Request to expand instruction to grade levels of pupils other than those for which charter school is currently approved.

388A.315 Amendment of charter contract: Request to occupy new or additional facility.

388A.320 Amendment of charter contract: Request to acquire a new or additional facility.

388A.325 Amendment of charter contract: Request to eliminate a grade level or other educational services.

388A.330 Amendment of charter contract: Governing body must obtain approval from sponsor for certain amendments.

388A.335 Amendment of charter contract: Request for amendment not otherwise described in NAC 388A.310 to 388A.335, inclusive.

388A.337 Amendment of charter contract: Closure of campus at multi-campus school.

388A.340 Governing body to notify sponsor of certain changes; changes must be approved in public meeting.

388A.345 Procedure for termination of charter contract.

388A.347 Procedure to restart charter school upon termination of charter contract; person selected to restart charter school granted right of first refusal to acquire assets of previous charter school; enrollment of previously enrolled pupils before new pupils are enrolled.

388A.350 “Persistently underperformed” interpreted.

388A.355 Closure: Duties of governing body, sponsor and Department; failure of compliance by licensed teacher who is member of governing body.

Additional Requirements for Charter Schools Sponsored by the State Public Charter School Authority

388A.400 Request to amend charter contract: Submission; person or entity to whom certain requests to be submitted; when restated application to form charter school required; publication; requirements and considerations for approval; review of decision; duties of charter school upon approval.

388A.405 Submission of version of request to amend charter contract with certain information redacted.

388A.410 Additional conditions for approval of application to form charter school or request to amend charter contract for certain purposes; submission of certain documents upon receipt of charter contract or approval of amendment.

388A.415 Application for renewal of charter school contract: Submission; contents of application; waiver of certain requirements; site visits; review and recommendation by Executive Director; response to recommendation; publication; considerations; reconsideration of decision to deny application; decision final; execution of charter contract upon approval.

388A.420 Submission of version of application for renewal of charter contract; written response or request for reconsideration with certain information redacted.

OPERATION, PERSONNEL AND FINANCES

388A.500 Location of facilities.

388A.505 Compliance with Occupational Safety and Health Act.

388A.510 Health and safety inspection of building or facility required for certain programs of distance education.

388A.515 Equipment and supplies: Removal from premises; disposition upon closure.

388A.517 Personnel: Conviction of crimes and offenses involving moral turpitude for purposes of background investigation and termination of employment.

388A.518 Personnel: Circumstances under which volunteer deemed to have regular contact with pupils for purposes of background investigation; exceptions.

388A.520 Governing body: Interpretation of “parents” for purpose of membership.

388A.525 Governing body: Restrictions on membership; responsibilities; application for membership; submission of certain information to Department and sponsor; approval of minutes of public meetings.

388A.530 Governing body: Miscellaneous duties.

388A.532 Charter school required to provide certain notice to parents and guardians of potential and enrolled pupils.

388A.533 Sponsor authorized to require governing body to develop and submit plan concerning demographic composition of pupil population at charter school.

388A.535 Restrictions on limitation of enrollment of pupils; establishment of waiting list and lottery system for enrollment; application to limit enrollment or for waiver to enroll from waiting list.

388A.536 Restrictions on use of weighted lottery for admission; adoption and use of weighted lottery not to be construed as discrimination.

388A.537 Limitation on enrollment of pupils if in best interest of enrolled pupils; sponsor authorized to prohibit charter school from enrolling additional pupils under certain circumstances.

388A.538 Charter school prohibited from taking certain actions relating to pupil enrollment; submission and approval of marketing materials and application for admission.

388A.540 Multi-campus school: Matriculation of pupils to another campus of school; application process for new pupils.

388A.545 Apportionment from State Distributive School Account: Submission of enrollment information before payment of first apportionment in first year of operation.

388A.550 Maintenance and forwarding of permanent records of pupils; failure of compliance by licensed teacher who is member of governing body.

388A.555 Reporting of data required for automated system of accountability information for Nevada.

388A.560 Maintenance and reporting of certain data: Use of unique identification number by charter school sponsored by State Public Charter School Authority; separation of data for each campus operated by each such charter school; format.

388A.565 Maintenance and reporting of certain data: Use of unique identification by charter school sponsored by school district, college or university; each campus of such a charter school required to report certain data to sponsor and on federal and state reports; evaluation of each campus using such data.

388A.567 Maintenance of records relating to enrollment; submission by charter school of certain information regarding enrollment and admission; assignment of unique identification number to charter school and campus operated by charter school.

388A.570 Contracts for services: Required provision; submission of copy of signed contract by governing body to sponsor.

388A.575 Requirements for entering into, amending, renewing or terminating a contract with an educational management organization.

388A.580 Contracts with educational management organizations: Initial term; renewal; prohibited provisions; approval of key personnel by governing body; annual performance review by governing body; submission of written report by educational management organization; effect of reference to a particular educational management organization in charter contract.

388A.585 Limitations on provision of teachers and other personnel by educational management organization.

388A.590 Calculation of ratio for employment of licensed teachers; exception for vocational charter school.

388A.595 Performance audits: Report of compliance.

388A.600 Vocational school: Interpretation of term for certain purposes; requirements for course of study in career and technical education.

ACCOUNT FOR CHARTER SCHOOLS

388A.650 Definitions.

388A.655 “Account” defined.

388A.660 “Operational charter school” defined.

388A.665 Application for loan from Account; annual determination of balance of money in Account.

388A.670 Priority for loans; considerations for approval of loans.

388A.675 Repayment of loans.

388A.680 Use of gift, grant, bequest or donation.

CHARTER SCHOOL FINANCING LAW

388A.700 Definitions.

388A.705 “Bond financing” defined.

388A.710 “Charter school” defined.

388A.720 Request for bond financing: Application.

388A.725 Projects: Compliance with certain statutes and regulations.

388A.730 Financing agreement.

388A.735 Bonds: Adoption of resolution setting forth final terms.

388A.740 Bonds: Approval of proposed costs of issuance.

388A.745 Bonds: Generally.

388A.750 Requests for information.

GENERAL PROVISIONS

NAC 388A.010 Definitions. (NRS 388A.105, 388A.110) As used in NAC 388A.010 to 388A.680, inclusive, unless the context otherwise requires, the words and terms defined in NAC 388A.015 to 388A.039, inclusive, have the meanings ascribed to them in those sections.

(Added to NAC by Dep’t of Education by R196-97, eff. 3-13-98; A by R193-01, 4-1-2002; A by Bd. of Education by R206-01, 4-1-2002; A by Dep’t of Education by R044-05, 10-31-2005; R171-05 & R188-05, 2-23-2006; R207-07, 6-17-2008; R169-07, 9-18-2008; R061-08, 9-18-2008; R035-14, 12-22-2014; R035-14, 12-22-2014) — (Substituted in revision for NAC 386.010)

NAC 388A.015 “Authorized insurer” defined. (NRS 388A.105, 388A.110) “Authorized insurer” has the meaning ascribed to it in NRS 679A.030.

(Added to NAC by Dep’t of Education by R044-05, eff. 10-31-2005) — (Substituted in revision for NAC 386.015)

NAC 388A.020 “Charter school” defined. (NRS 388A.105, 388A.110) “Charter school” means a public school that is formed pursuant to NRS 388A.010 to 388A.640, inclusive, and NAC 388A.010 to 388A.600, inclusive.

(Added to NAC by Dep’t of Education by R196-97, eff. 3-13-98; A by R044-05, 10-31-2005; R035-14, 12-22-2014) — (Substituted in revision for NAC 386.020)

NAC 388A.025 “Department” defined. (NRS 388A.105, 388A.110) “Department” means the Department of Education.

(Added to NAC by Dep’t of Education by R196-97, eff. 3-13-98) — (Substituted in revision for NAC 386.030)

NAC 388A.030 “Fiscal year” defined. (NRS 388A.105, 388A.110) “Fiscal year” means the 12-month period beginning on the first day of July and ending on the last day of June.

(Added to NAC by Dep’t of Education by R193-01, eff. 4-1-2002) — (Substituted in revision for NAC 386.037)

NAC 388A.035 “Governing body” defined. (NRS 388A.105, 388A.110) “Governing body” means the governing body of a charter school that is established pursuant to NRS 388A.320 and NAC 388A.525.

(Added to NAC by Dep’t of Education by R196-97, eff. 3-13-98; A by R193-01, 4-1-2002) — (Substituted in revision for NAC 386.040)

NAC 388A.037 “Multi-campus school” defined. (NRS 388A.110) “Multi-campus school” means a charter school that operates two or more campuses, each of which has a distinct academic leader who is responsible for its staff and each of which may serve the same group of grade levels or differing groups of grade levels, under one charter contract.

(Added to NAC by Dep’t of Education by R131-16, eff. 12-19-2017; A by R131-16, 1-1-2020)

NAC 388A.039 “Single-campus school” defined. (NRS 388A.110) “Single-campus school” means a charter school that serves a specified group of grade levels with a single academic leader responsible for its staff for the entire group of grade levels of the campus regardless of whether the educational programs of the charter school are delivered in one or more than one building. The term includes a charter school that primarily provides instruction to pupils remotely, including, without limitation, a charter school using a virtual or cyber school model.

(Added to NAC by Dep’t of Education by R131-16, eff. 12-19-2017)

FORMATION

General Requirements

NAC 388A.100 Committee to form charter school and governing body: Interpretation of statutory qualification for membership. (NRS 388A.105, 388A.110, 388A.168, 388A.240, 388A.243, 388A.246, 388A.320) As used in subsection 4 of NRS 388A.240 and subsection 6 of NRS 388A.320, the Department will interpret the term “2 years of experience as an employed teacher” to mean 2 years of experience as an employed teacher in any state in a position for which a teaching license is required.

(Added to NAC by Dep’t of Education by R193-01, eff. 4-1-2002; A by R035-14, 12-22-2014) — (Substituted in revision for NAC 386.090)

NAC 388A.105 “First day of operation of the charter school after the charter contract has been executed” interpreted. (NRS 388A.105, 388A.110, 388A.168, 388A.270) For the purposes of subsection 8 of NRS 388A.270, the “first day of operation of the charter school after the charter contract has been executed” means the July 1 immediately preceding the first day that the charter school provides instruction to pupils.

(Added to NAC by Dep’t of Education by R035-14, eff. 12-22-2014) — (Substituted in revision for NAC 386.095)

NAC 388A.110 Administrative head: Selection; qualifications and responsibilities; notification of selection or replacement. (NRS 388A.105, 388A.110, 388A.168, 388A.521, 388A.524)

1. A committee to form a charter school may select a person to function as the administrative head of the proposed charter school. If the committee does not make such a selection, the governing body of the charter school must select a person to function as the administrative head of the charter school.

2. A person selected to function as the administrative head of a charter school:

(a) Must meet the qualifications set forth in subsection 1 of NRS 388A.521; and

(b) Shall manage the programs and operations of the charter school in accordance with:

(1) The charter contract; and

(2) All other applicable federal, state and local laws and regulations.

3. If an administrative head of a charter school was not identified in the application to form the charter school, the governing body of the charter school must submit to the Department and sponsor of the charter school the name, title, address and telephone number of the administrative head not later than 5 business days after the governing body makes the selection. If the charter school replaces the administrative head, the name, title, address and telephone number of the new administrative head must be submitted to the Department and to the sponsor of the charter school not later than 5 business days after such replacement.

4. A person who has been convicted of a felony or a crime involving moral turpitude may not serve as an administrative head of a charter school.

(Added to NAC by Dep’t of Education by R196-97, eff. 3-13-98; A by R193-01, 4-1-2002; R035-14, 12-22-2014; R035-14, 12-22-2014) — (Substituted in revision for NAC 386.100)

NAC 388A.115 Appointment of liaison between committee to form charter school and proposed sponsor. (NRS 388A.105, 388A.110, 388A.168, 388A.240) A committee to form a charter school shall, to enable the proposed sponsor to deal with a single person as the committee applies to form a charter school, appoint from among its members a person to act as liaison between the committee and the proposed sponsor.

(Added to NAC by Dep’t of Education by R196-97, eff. 3-13-98; A by R035-14, 12-22-2014) — (Substituted in revision for NAC 386.110)

NAC 388A.120 Sponsorship of charter schools by board of trustees and Nevada System of Higher Education: Application for authorization. (NRS 388A.105, 388A.110, 388A.220)

1. If the board of trustees of a school district or a college or university within the Nevada System of Higher Education applies to the Department for authorization to sponsor charter schools pursuant to NRS 388A.220, the following information must be provided on the application:

(a) The date on which the board of trustees, the college or the university, as applicable, voted to apply for authorization to sponsor charter schools, as reflected in the minutes of the board of trustees, the college or the university, as applicable.

(b) The signature of the superintendent of the school district that the board of trustees serves or the signature of the president of the college or university, as applicable.

(1) The organizational capacity and infrastructure of the applicant.

(2) The procedures and criteria for the applicant’s evaluation of charter school applications in accordance with NRS 388A.252, including, without limitation, the manner in which the applicant will determine:

(I) Whether an applicant to form a charter school is of high quality; and

(II) Whether the charter school will meet the identified educational needs of pupils and serve to promote the diversity of public educational choices in this State.

(3) The procedures that the applicant will use to negotiate and execute a charter contract with the governing body of a charter school.

(4) The procedures and criteria for the applicant’s evaluation of applications for the renewal of charter contracts.

(5) The procedures that the applicant will use to monitor the performance of each charter school that the applicant sponsors.

2. An application to sponsor charter schools must be submitted to the Department not later than May 1 immediately preceding the date set forth in the application on which the applicant will begin accepting applications to form charter schools.

3. Not later than 30 days after receipt of an application for authorization to sponsor charter schools, the Department will:

(a) Review the application;

(b) Determine whether to approve or deny the application; and

4. If the Department denies an application for authorization to sponsor charter schools, 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.

(Added to NAC by Dep’t of Education by R196-97, eff. 3-13-98; A by R035-14, 12-22-2014) — (Substituted in revision for NAC 386.120)

NAC 388A.125 Submission and contents of letter of intent to form charter school. (NRS 388A.105, 388A.110, 388A.249, 388A.252, 388A.255)

1. A committee to form a charter school must submit to the proposed sponsor a letter of intent to form a charter school. The letter of intent must be submitted in the same fiscal year in which the application to form the charter school is submitted and must be received by the proposed sponsor not fewer than 15 days before the application is submitted.

2. The letter of intent must include:

(a) The name of the proposed charter school;

(b) The name, address, telephone number and electronic mail address of the person selected pursuant to NAC 388A.115 to act as liaison between the committee and the proposed sponsor;

(d) Whether the proposed charter school will be dedicated to providing educational programs and opportunities for pupils who are at risk;

(e) Whether the proposed charter school will provide a program of distance education;

(f) The date on which the proposed charter school will begin operation; and

(g) Whether the committee intends to contract or is considering contracting with an educational management organization to provide service to the charter school and, if so, the name of the educational management organization.

(Added to NAC by Dep’t of Education by R163-99, eff. 2-2-2000; A by R024-01, 11-1-2001; R193-01, 4-1-2002; R171-05, 2-23-2006; R169-07, 9-18-2008; R035-14, 12-22-2014) — (Substituted in revision for NAC 386.125)

NAC 388A.130 Application to form charter school: Forms; restrictions on submission and acceptance. (NRS 388A.105, 388A.110, 388A.243, 388A.246, 388A.249)

1. Each applicant approved by the Department to sponsor charter schools shall prescribe forms for the use of a committee to form a charter school in applying to the proposed sponsor to form a charter school.

2. Except as authorized by subsection 4 of NAC 388A.500, a committee to form a charter school must not propose to form a charter school in more than one county. A proposed sponsor may accept only one application per year from each committee to form a charter school.

3. An application to form a charter school must be submitted to the proposed sponsor on forms prescribed pursuant to subsection 1. Applications may only be submitted on the last 3 business days of August of the fiscal year immediately preceding the fiscal year in which the proposed charter school will begin operation.

4. A proposed sponsor may not accept an application from a committee to form a charter school whose membership includes:

(a) A potential contractor of the proposed charter school;

(b) A potential lessor of a facility that the proposed charter school may lease;

(d) A person related by blood or marriage to a person described in paragraph (a), (b) or (c); or

(e) Two or more persons who are related by blood or marriage to each other.

(Added to NAC by Dep’t of Education by R196-97, eff. 3-13-98; A by R163-99, 2-2-2000; R024-01, 11-1-2001; R193-01, 4-1-2002; R060-02, 12-17-2002; R011-03, 10-30-2003; R044-05, 10-31-2005; R169-07, 9-18-2008; R035-14, 12-22-2014) — (Substituted in revision for NAC 386.130)

NAC 388A.135 Application to form charter school: Proposed dates of enrollment for first year of operation; limits on acceptance of applications for enrollment. (NRS 388A.105, 388A.110, 388A.243, 388A.246, 388A.249)

1. For the purposes of subsection 13 of NRS 388A.246, the proposed dates of enrollment for a charter school for its first year of operation must not be more than 180 days before the date on which the charter school will open.

2. A charter school must not accept applications for enrollment before the application to form the charter school has been approved by the sponsor.

(Added to NAC by Dep’t of Education by R071-10, eff. 10-15-2010; A by R035-14, 12-22-2014) — (Substituted in revision for NAC 386.135)

NAC 388A.140 Application to form charter school: Inclusion of information regarding facility and equipment. (NRS 388A.105, 388A.110, 388A.168, 388A.246) An application to form a charter school must include information regarding the facility and equipment of the proposed charter school, including, without limitation:

1. The name of the proposed charter school.

2. If the facility that the charter school will occupy exists at the time of application and is suitable for use by the charter school, but is not owned by the school district in which the charter school will be located:

(a) The address of the facility;

(b) The type of facility;

(d) The name and address of the owner of the facility;

(e) If the facility that the charter school will occupy will be leased or rented, a copy of the proposed lease or rental agreement;

(f) If available at the time that the application is submitted, a copy of the certificate of occupancy for the facility; and

(g) Documentation which demonstrates that the committee has obtained the insurance required by NAC 388A.190 and that the proposed sponsor of the charter school is satisfied with the type and amount of insurance or other means that will be used to indemnify the sponsor against financial loss pursuant to paragraph (l) of subsection 1 of NRS 388A.366.

3. If the facility that the charter school will occupy is, at the time of application, being used as a public school, the name and location of that school and documentation which:

(a) Sets forth the specific days and times during which the charter school is authorized to use the facility.

(b) Demonstrates that the committee to form the charter school has obtained the insurance required by NAC 388A.190 and that the proposed sponsor of the charter school is satisfied with the type and amount of insurance or other means that will be used to indemnify the sponsor against financial loss pursuant to paragraph (l) of subsection 1 of NRS 388A.366.

4. If the proposed charter school has not obtained a suitable facility or equipment:

(a) A statement in writing describing why the proposed charter school has not obtained a suitable facility or equipment;

(b) A plan for obtaining a suitable facility or equipment, including, without limitation, as applicable:

(1) A statement in writing that explains whether an existing facility will be remodeled or a new facility will be built; and

(2) A schedule for completing or obtaining a suitable facility and equipment, including, without limitation, if applicable, a description of and time schedule for any plan to raise funds for completing or obtaining the facility and equipment;

(d) A description of the equipment that will be used at the charter school, including, without limitation:

(1) Office furniture and equipment;

(2) Computer equipment;

(3) Musical instruments;

(4) Equipment to be used in a machinery shop; and

(5) Supplies and other items necessary for the use of equipment described in this paragraph; and

(e) A written estimate, prepared by an authorized insurer, of the cost of obtaining insurance required by NAC 388A.190 and documentation which demonstrates that the proposed sponsor of the charter school is satisfied with the type and amount of insurance provided for in the written estimate or other means that will be used to indemnify the sponsor against financial loss pursuant to paragraph (l) of subsection 1 of NRS 388A.366.

(Added to NAC by Dep’t of Education by R196-97, eff. 3-13-98; A by R045-98, 5-29-98; R163-99, 2-2-2000; R193-01, 4-1-2002; R044-05, 10-31-2005; R035-14, 12-22-2014) — (Substituted in revision for NAC 386.140)

NAC 388A.145 Application to form charter school: Inclusion of information regarding educational program. (NRS 388A.105, 388A.110, 388A.168, 388A.246) An application to form a charter school must include information regarding the educational program of the proposed charter school, including, without limitation:

1. The grade level or levels proposed to be taught at the charter school and the anticipated enrollment in each such grade level for each of the first 6 years of operation.

2. A calendar delineating the school year of the charter school. The calendar must set forth:

(a) The number of days of instruction in each school year, which must be in accordance with the requirements set forth in NRS 388.090;

(b) The number of legal holidays that will be observed by the charter school and the dates on which those holidays fall;

(d) Other important dates in the school year of the charter school, including, without limitation, school days in which less than a full day of instruction will be administered.

3. A list of any fees, charges and deposits, including, without limitation, fees, charges and deposits for course materials or equipment, that:

(a) Are typically imposed upon pupils or the parents or guardians of pupils attending public schools which are not charter schools; and

(b) Are anticipated by the committee to form the charter school to be imposed upon the pupils or the parents or guardians of the pupils of the charter school.

4. A description of how progress towards the mission and goals of the charter school, as described in the written description pursuant to subsection 2 of NRS 388A.246, will be measured.

5. A list of courses that will be offered at the charter school, including, without limitation:

(a) For each course, the name and a description of the course, including, without limitation, the grade level at which the course will be offered; and

(b) A designation of the courses that a pupil must complete for graduation and for promotion to each grade level.

6. A schedule of classes which must meet the requirements for prescribed courses and required courses of study that are set forth in chapter 389 of NRS and chapter 389 of NAC.

7. A schedule of examinations of achievement and proficiency that will be administered to pupils at the charter school. The schedule must:

(a) Be aligned with any schedules of examinations of achievement and proficiency which are published by the Department and the school district in which the charter school is located, if available; and

(b) Meet the requirements of chapter 390 of NRS and other applicable federal, state and local laws and regulations.

8. Information regarding credit for courses completed successfully, including:

(a) Copies of transcripts and diplomas that the charter school will use to indicate that a pupil has completed course work successfully; and

(b) The written policy of the charter school concerning the transfer of credit to another comparable school.

9. If the charter school will be dedicated to providing educational programs and opportunities for pupils who are at risk, a description of how the charter school will:

(a) Recruit pupils who are at risk; and

(b) Serve the specific needs of pupils who are at risk.

10. A description of the manner in which the charter school will provide services and programs to pupils with disabilities in accordance with the Individuals with Disabilities Education Act, 20 U.S.C. §§ 1400 et seq., and NRS 388.417 to 388.515, inclusive.

11. A description of the manner in which the charter school will provide services and programs to pupils who are English learners.

(Added to NAC by Dep’t of Education by R196-97, eff. 3-13-98; A by R163-99, 2-2-2000; R193-01, 4-1-2002; R011-03, 10-30-2003; R035-14, 12-22-2014) — (Substituted in revision for NAC 386.150)

NAC 388A.150 Application to form charter school: Inclusion of information regarding committee to form charter school, and governance and staffing. (NRS 388A.105, 388A.110, 388A.168, 388A.240, 388A.246) An application to form a charter school must include information regarding the committee to form the charter school, and the governance and staffing of the proposed charter school, including, without limitation:

1. The names, addresses and qualifications of the members of the committee to form the charter school, including, without limitation:

(a) The resume of each member.

(b) The state of residence of each member.

(c) If a member serves on the committee as a teacher, as that term is defined in subsection 4 of NRS 388A.240, a photocopy of his or her license to teach.

2. If a member of the committee to form the charter school has an association or affiliation, or had an association or affiliation, with any other charter school in this State or in another state:

(a) The name of the member;

(b) The name and location of the charter school with which the member has or had the association or affiliation, including, without limitation, the street address and mailing address of the charter school;

(d) A statement indicating whether the member is presently associated or affiliated with the charter school or has ceased the association or affiliation;

(e) If the association or affiliation has ceased, a statement indicating the reason for the cessation; and

(f) A written description of the nature of the association or affiliation.

3. The name, title, address and telephone number of the person selected to function as the administrative head of the charter school, if the committee has selected an administrative head pursuant to NAC 388A.110.

4. The name, title, address, telephone number and qualifications of the person who is designated to draw all orders for the payment of money belonging to the charter school pursuant to NRS 388A.420.

5. A description of the process that will be used to:

(a) Advertise for, select and employ administrators for the charter school; and

(b) Select new administrators for the charter school in the event of a vacancy in one or more of those positions.

6. A description of the process that will be used to advertise for, select and employ instructional staff and other employees.

7. If known at the time of application:

(a) The name, license number and proposed assignment of each licensed staff member; and

(b) The name, qualifications and proposed assignment of each nonlicensed staff member.

(Added to NAC by Dep’t of Education by R196-97, eff. 3-13-98; A by R045-98, 5-29-98; R163-99, 2-2-2000; R193-01, 4-1-2002; R035-14, 12-22-2014) — (Substituted in revision for NAC 386.160)

NAC 388A.155 Application to form charter school: Inclusion of information regarding issues of health and safety. (NRS 388A.105, 388A.110, 388A.168, 388A.240, 388A.246) An application to form a charter school must include information regarding issues of health and safety that affect the proposed charter school, including, without limitation:

1. A description of the manner in which pupils will be transported to the proposed charter school, including, without limitation, the details of any contract that the charter school has entered into pursuant to subsection 1 of NRS 388A.378 for the transportation of pupils and the details of any plan developed in consultation with the parents and guardians of pupils for the transportation of pupils.

2. Descriptions of the manner in which the proposed charter school will:

(a) Provide health services to pupils, including, without limitation, the details of any contract that the charter school has entered into pursuant to subsection 1 of NRS 388A.378 for the provision of health services to pupils; and

(b) Maintain records related to the immunization of pupils that is required pursuant to NRS 392.435 to ensure that pupils are immunized in a timely manner.

3. Unless the facility that the proposed charter school will occupy is a public school, documents which indicate to the satisfaction of the proposed sponsor of the charter school that the facility which 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.

4. Evidence which demonstrates to the satisfaction of the proposed sponsor of the charter school that the committee to form the charter school has communicated with the Division of Industrial Relations of the Department of Business and Industry regarding compliance with the federal Occupational Safety and Health Act of 1970, as amended.

5. A description of the procedures that will be used to provide drills for the pupils in the charter school to instruct those pupils in the appropriate procedures to be followed in the event of a fire or other emergency.

(Added to NAC by Dep’t of Education by R196-97, eff. 3-13-98; A by R163-99, 2-2-2000; R035-14, 12-22-2014) — (Substituted in revision for NAC 386.170)

NAC 388A.160 Application to form charter school: Inclusion of certain miscellaneous information. (NRS 388A.105, 388A.110, 388A.168, 388A.246) An application to form a charter school must include miscellaneous information concerning the proposed charter school, including, without limitation:

1. A description of the lottery system that the proposed charter school will use pursuant to NRS 388A.453 and 388A.456 if more eligible pupils apply for enrollment in the charter school than the number of spaces for pupils which are available.

2. The name, address, telephone number and electronic mail address of the member of the committee to form a charter school selected pursuant to NAC 388A.115 to act as liaison between the committee and the proposed sponsor of the charter school.

3. Information concerning records of pupils that will be maintained by the proposed charter school in accordance with NAC 388A.550, including, without limitation:

(a) The name and title of the person who will be responsible for:

(1) Maintaining records of pupils; and

(2) Providing records of pupils to the school district in which the charter school is located for inclusion in the automated system of accountability information for Nevada that is established and maintained by the Department pursuant to NRS 385A.800.

(b) An example of the manner in which the cumulative record of a pupil is proposed to be stored.

(d) The name of the person who will be responsible for the records of pupils if the charter school is dissolved or the charter contract is terminated or not renewed.

(e) The policy of the charter school regarding the retention of the records of pupils.

4. A proposed budget that sets forth the estimated revenues and expenditures of the charter school for the first 2 years of operation, including, without limitation, the cost of insurance required by NAC 388A.190. In addition, the proposed budget must be accompanied by a statement of cash flow and a budget for the period before the charter school commences operation.

5. A list of rules setting forth the policies of the charter school regarding truancy and other situations in which a pupil is absent from school.

6. If the committee to form the charter school or the proposed charter school intends to contract or is considering contracting with an educational management organization to provide service to the charter school:

(a) The name of the educational management organization;

(b) A copy of the proposed contract between the committee and the educational management organization;

(d) The telephone number and mailing address of the educational management organization; and

(e) A description of the service to be provided by the educational management organization.

7. If the proposed charter school intends to limit the enrollment of pupils pursuant to NAC 388A.535, the maximum number of pupils that the charter school will enroll.

8. If the application was prepared by a person who is not a member of the committee to form the charter school or by another entity, including, without limitation, an educational management organization, or if such a person or entity assisted the committee in preparing the application:

(a) The name of the person or entity;

(b) The name and location of any public school, private school or charter school with which the person or entity has been or is presently affiliated, including, without limitation, the street address and mailing address of that school;

(c) The dates on which the person or entity was affiliated with a school described in paragraph (b), if any such affiliation occurred;

(d) A statement indicating whether the person or entity is presently affiliated with a school described in paragraph (b) or has ceased the affiliation;

(e) If the affiliation has ceased, a statement indicating the reason for the cessation; and

(f) A detailed resume listing the qualifications of the person or entity.

(Added to NAC by Dep’t of Education by R196-97, eff. 3-13-98; A by R045-98, 5-29-98; R163-99, 2-2-2000; R193-01, 4-1-2002; R011-03, 10-30-2003; R078-03, 1-23-2004; R044-05, 10-31-2005; R169-07, 9-18-2008; R071-10, 10-15-2010; R035-14, 12-22-2014; R035-14, 12-22-2014) — (Substituted in revision for NAC 386.180)

NAC 388A.165 Restrictions on application to form charter school submitted to State Public Charter School Authority after previous denials of application. (NRS 388A.105, 388A.110, 388A.168, 388A.252) If the State Public Charter School Authority receives an application to form a charter school pursuant to subsection 4 of NRS 388A.252 after the application has been denied twice by the board of trustees of a school district or a college or university within the Nevada System of Higher Education, the application that is submitted to the State Public Charter School Authority must be the same application that was the subject of the second denial by the board of trustees, the college or the university, as applicable.

(Added to NAC by Dep’t of Education by R078-03, 1-23-2004; A by R044-05, 10-31-2005; R171-05, 2-23-2006; R169-07, 9-18-2008; R061-08, 9-18-2008; R035-14, 12-22-2014) — (Substituted in revision for NAC 386.202)

NAC 388A.170 Public meeting required to consider certain resubmitted applications. (NRS 388A.105, 388A.110, 388A.168, 388A.252, 388A.255) If:

1. A board of trustees of a school district or a college or university within the Nevada System of Higher Education receives an application to form a charter school that is resubmitted pursuant to subsection 3 of NRS 388A.252; or

2. The State Public Charter School Authority receives an application to form a charter school that is resubmitted pursuant to subsection 4 of NRS 388A.252,

Ê the board of trustees, the college or university or the State Public Charter School Authority, as applicable, must consider the resubmitted application at a public meeting held not later than 60 days after the receipt of the resubmitted application, or within any other period mutually agreed upon by the parties. The public meeting must be held in accordance with chapter 241 of NRS.

(Added to NAC by Dep’t of Education by R035-14, eff. 12-22-2014) — (Substituted in revision for NAC 386.2025)

NAC 388A.175 Grounds for denial by proposed sponsor of application to form charter school. (NRS 388A.105, 388A.110, 388A.168, 388A.249)

1. A proposed sponsor shall not approve an application to form a charter school if:

(a) The application does not satisfy the requirements of subsection 3 of NRS 388A.249;

(b) The financial or administrative operation of the proposed charter school does not meet or exceed the minimum standards, procedures and requirements of the State; or

(c) The application does not demonstrate a commitment to serving the category or categories of pupils that the proposed charter school intends to serve.

2. A proposed sponsor may deny an application to form a charter school if the proposed sponsor determines that the educational program proposed for the charter school is not:

(a) Aligned with the standards of content and performance established pursuant to NRS 389.520;

(b) Aligned with the written description of the purpose, vision, educational philosophy, mission and goals for the proposed charter school as included in the application pursuant to NRS 388A.246;

(c) Aligned with the educational needs of the category or categories of pupils that the proposed charter school intends to serve; or

(d) Supported by sound evidence, as provided by the applicant, which demonstrates the effectiveness of the educational program proposed for the charter school.

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

(a) Expenditures or flat fees included in the budget of the proposed charter school or in the proposed operating agreement with a contractor or an educational management organization are not consistent with the cost for similar services as those services are otherwise available to a public school;

(b) The budget of the proposed charter school is not balanced or relies unduly on grants or donations;

(d) The budget of the proposed charter school does not adequately anticipate the requirements for and expenses of pupils with disabilities who may enroll in a program of special education at the proposed charter school; or

(e) The budget of the proposed charter school is not aligned with the written description of the mission and goals for the proposed charter school as included in the application pursuant to NRS 388A.246.

4. The proposed sponsor may deny an application to form a charter school if the proposed sponsor determines that a contractor or educational management organization with whom the committee to form the charter school or the governing body of the proposed charter school intends to contract has knowingly violated a material term or condition of a contract with a public school in the past.

5. The proposed sponsor may deny an application to form a charter school if the proposed sponsor determines that a contract or a proposed contract between the proposed charter school and a contractor or an educational management organization contains a provision which is prohibited by NRS 388A.393.

6. The proposed sponsor may deny an application to form a charter school if:

(a) The application fails to comply with the policies and practices developed by the proposed sponsor pursuant to subsection 2 of NRS 388A.223.

(b) The proposed sponsor determines that the committee to form a charter school is unlikely to:

(1) Develop and implement the educational program described in the application;

(2) Manage public funds effectively and responsibly; or

(3) Comply with the legal obligations of the charter school.

(1) Intends to enter into a contract with an educational management organization; and

(2) Does not demonstrate in the application that the educational management organization has successfully managed school functions and achieved academic goals for the category or categories of pupils that the proposed charter school intends to serve.

(Added to NAC by Dep’t of Education by R061-08, eff. 9-18-2008; A by R035-14, 12-22-2014) — (Substituted in revision for NAC 386.204)

NAC 388A.180 Submission of certificate of occupancy for certain facilities. (NRS 388A.110) If a charter school occupies a facility that is not being used as a public school by the school district in which the charter school is located, the charter school shall submit to the sponsor of the charter school a copy of the certificate of occupancy for the facility occupied by the charter school if a copy of the certificate of occupancy was not included in the application to form the charter school. A copy of the certificate of occupancy must be submitted to the sponsor of a charter school before the charter school provides instruction to pupils.

(Added to NAC by Dep’t of Education by R193-01, eff. 4-1-2002; A by R044-05, 10-31-2005; R035-14, 12-22-2014) — (Substituted in revision for NAC 386.205)

NAC 388A.185 Duty of governing body to provide written notice of any change in mailing address of a charter school. (NRS 388A.110) Not later than 5 days after any change to the mailing address of a charter school, the governing body of the charter school shall provide written notice to the Department of the change.

(Added to NAC by Dep’t of Education by R196-97, eff. 3-13-98; A by R163-99, 2-2-2000; R193-01, 4-1-2002; R035-14, 12-22-2014) — (Substituted in revision for NAC 386.210)

NAC 388A.190 Provision and maintenance of industrial and general liability insurance coverage. (NRS 385.080, 388A.110)

1. Except as otherwise provided in subsection 4 of NAC 388A.140, a committee to form a charter school shall obtain insurance from an authorized insurer as follows:

(a) Industrial insurance coverage in accordance with the applicable provisions of the Nevada Industrial Insurance Act, chapters 616A to 616D, inclusive, of NRS.

(b) Except as otherwise provided in subsection 2, general liability insurance with a minimum coverage of $1,000,000. The general liability insurance policy must include coverage for molestation and sexual abuse, and have a broad form policy, with the named insureds as follows:

(1) The sponsor of the charter school;

(2) All employees of the charter school, including, without limitation, former, present and future employees;

(3) Volunteers at the charter school; and

(4) Directors of the charter school, including, without limitation, executive directors.

(d) Educators’ legal liability insurance with a minimum coverage of $1,000,000.

(e) Employment practices liability insurance with a minimum coverage of $1,000,000.

(f) Employment benefits liability insurance with a minimum coverage of $1,000,000.

(g) Insurance covering errors and omissions of the sponsor and governing body of the charter school with a minimum coverage of $1,000,000.

(h) If applicable, motor vehicle liability insurance with a minimum coverage of $1,000,000.

(i) If applicable, liability insurance for sports and athletic participation with a minimum coverage of $1,000,000.

Ê The cost of insurance required by this subsection must be provided to the proposed sponsor by the authorized insurer and included in each budget submitted pursuant to subsection 4 of NAC 388A.160 and NAC 387.725.

2. The sponsor of a charter school may waive all or part of the general liability insurance required pursuant to paragraph (b) of subsection 1 if the sponsor determines that such a waiver is reasonable based upon the risk profile of the charter school or the conditions of the insurance market, or both, including, without limitation, a determination that the cost of obtaining the insurance is excessive or that the insurance is not available because of special circumstances of the charter school.

3. If an application to form a charter school is approved, the governing body of the charter school shall maintain the insurance required by this section.

4. An insurer that provides any insurance required pursuant to this section must have a rating of “A-” or better and be classified in a financial category of “VII” or better as determined by A.M. Best Company of Oldwick, New Jersey.

5. As used in this section, “motor vehicle” has the meaning ascribed to it in NRS 485.050.

(Added to NAC by Dep’t of Education by R044-05, eff. 10-31-2005; A by R074-07, 10-31-2007; A by Bd. of Education by R026-09, 10-27-2009; A by Dep’t of Education by R035-14, 12-22-2014) — (Substituted in revision for NAC 386.215)

NAC 388A.195 Provision and maintenance of insurance coverage or reserve fund for certain compensatory damages and certain fees, costs and expenses. (NRS 388A.110)

1. In addition to maintaining the insurance required pursuant to NAC 388A.190, the governing body of a charter school shall maintain one of the following:

(a) Insurance that includes coverage for the payment of:

(1) Any compensatory damages and fees and costs for legal services that the charter school may be required to pay the parent of a pupil who files a due process complaint pursuant to NAC 388.306; and

(2) The expenses of the hearing officer and any other expenses relating to a hearing described in NAC 388.306; or

(b) A reserve fund that must be used exclusively for the payment of:

(1) Any compensatory damages and fees and costs for legal services that the charter school may be required to pay to the parent of a pupil who files a due process complaint pursuant to NAC 388.306; and

(2) The expenses of the hearing officer and any other expenses relating to a hearing described in NAC 388.306.

2. If the governing body of a charter school:

(a) Obtains insurance pursuant to paragraph (a) of subsection 1, the insurance must include minimum coverage in an amount required by the sponsor of the charter school.

(b) Establishes a reserve fund pursuant to paragraph (b) of subsection 1, the governing body shall ensure that:

(1) Not later than 5 years after the date on which the reserve fund is created, the fund has a balance of not less than $25,000.

(2) The reserve fund is maintained in an account in a bank, credit union or other financial institution in this State that is separate from all other accounts of the charter school. Any interest earned on money in the account must be credited to the account.

(3) If any money is withdrawn from the reserve fund, the amount withdrawn is repaid to the fund not later than the end of the fiscal year immediately following the fiscal year in which the money is withdrawn unless the sponsor of the charter school agrees to a different repayment schedule.

3. An insurer that provides the insurance described in paragraph (a) of subsection 1 must have a rating of “A-” or better and be classified in a financial category of “VII” or better as determined by A.M. Best Company of Oldwick, New Jersey.

(Added to NAC by Dep’t of Education by R035-14, eff. 12-22-2014) — (Substituted in revision for NAC 386.217)

NAC 388A.200 Advisory committee required to comply with Open Meeting Law. (NRS 388A.110) If the governing body of a charter school establishes an advisory committee, the advisory committee shall comply with the provisions of chapter 241 of NRS.

(Added to NAC by Dep’t of Education by R060-02, eff. 12-17-2002) — (Substituted in revision for NAC 386.223)

NAC 388A.205 Department to conduct comprehensive review of sponsors every 3 years; determination to continue or revoke authorization of sponsor based on comprehensive review; sponsor required to submit application to sponsor additional charter schools in certain circumstances. (NRS 388A.105, 388A.110)

1. At least once every 3 years, the Department will conduct a comprehensive review of each sponsor of charter schools that the Department has approved for sponsorship.

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

(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.

(c) Determine whether the sponsor has complied with nationally recognized best practices in carrying out its duties as a sponsor.

3. Based on the comprehensive review described in subsection 2, the Department will determine whether to continue or revoke the authorization of the sponsor to sponsor charter schools.

4. If the sponsor of a charter school does not accept and review applications to form a charter school for 3 consecutive years, the sponsor must submit to the Department an application to sponsor additional charter schools before accepting an application to form a charter school or granting a charter contract to a new applicant.

(Added to NAC by Dep’t of Education by R035-14, eff. 12-22-2014; A by R131-16, 12-19-2017) — (Substituted in revision for NAC 386.225)

Additional Requirements for Charter Schools Sponsored by the State Public Charter School Authority

NAC 388A.250 “Applicant” defined. (NRS 388A.168) As used in NAC 388A.250 to 388A.270, inclusive, unless the context otherwise requires, “applicant” means a charter management organization or a committee to form a charter school which submits an application to form a charter school to the State Public Charter School Authority.

(Added to NAC by St. Pub. Charter School Auth. by R089-16, eff. 12-21-2016)

NAC 388A.255 Abbreviated application to form charter school. (NRS 388A.168, 388A.258) The Executive Director may develop an abbreviated application for submission by prospective applicants that do not have experience operating a charter school. The State Public Charter School Authority may, at its discretion, invite a prospective applicant who submits such an abbreviated application to submit an application to form a charter school.

(Added to NAC by St. Pub. Charter School Auth. by R089-16, eff. 12-21-2016)

NAC 388A.260 Application to form charter school: Submission or notice of intent to submit; examination; withdrawal; establishment and duties of review panel; review of recommendation by State Public Charter School Authority; considerations; decision concerning applicant is final; duties of approved applicant. (NRS 388A.168)

1. Except as otherwise provided in this section and NAC 388A.270, an application to form a charter school must be submitted to the State Public Charter School Authority by an applicant on or after January 1 and on or before January 15 or on or after July 1 and on or before July 15 of each year. A prospective applicant must submit a written notice of intent to submit an application to form a charter school to the Executive Director, in the manner prescribed by the Executive Director, not less than 120 days before submitting the application. The State Public Charter School Authority may, upon request and for good cause shown, accept an application to form a charter school at any time. An application to form a charter school must comply with NAC 388A.265 and be submitted on a form prescribed by the Executive Director which must include, without limitation:

(a) A timeline for the selection of an applicant to form a charter school;

(b) Any prerequisites for conferences with and training of an applicant;

(d) The criteria which will be used to recommend approval of an application to form a charter school, including, without limitation, the minimum score necessary for an application to be eligible for recommendation; and

(e) The earliest date on which an applicant that is selected to form a charter school may open the charter school.

2. The State Public Charter School Authority will examine each application submitted pursuant to this section. If the State Public Charter School Authority determines that an application is incomplete or does not satisfy the requirements of this chapter or chapter 388A of NRS, the State Public Charter School Authority will not process the application. The failure of the State Public Charter School Authority to identify or notify an applicant of a deficiency during its review of an application does not constitute a waiver of the appropriate requirement. Each applicant shall ensure that its application is complete and satisfies the requirements of this chapter and chapter 388A of NRS at all times during which the application is under review by the State Public Charter School Authority.

3. An applicant may withdraw an application to form a charter school by providing written notice to the State Public Charter School Authority.

4. The State Public Charter School Authority will establish an application review panel composed of experts selected by the Executive Director who are not employed by the State Public Charter School Authority and employees of the State Public Charter School Authority to the extent such employees are available and appropriate to serve on the panel. After the State Public Charter School Authority has determined that an application is complete, the State Public Charter School Authority will:

(a) Publish on the Internet website maintained by the State Public Charter School Authority the version of the application which complies with NAC 388A.265; and

(b) Submit the application to the application review panel to:

(1) Review and score the application in accordance with the criteria described in the application; and

(2) Conduct an interview with the applicant to assess the qualifications of the applicant and the ability of the applicant to establish a high-quality charter school which may include, without limitation, one or more interviews with members of the applicant or with any proposed school leader, educational management organization or other party identified in the application. Any person interviewed pursuant to this subparagraph shall not disclose the contents of the interview to any other person.

5. The members of the application review panel established pursuant to subsection 4:

(a) Shall not discuss applications with any person other than the members of the application review panel or the State Public Charter School Authority and its employees;

(b) Shall not accept meals, entertainment, gifts or gratuities in any form from any person or organization with an interest in the results of the selection process;

(c) Shall immediately disclose to the State Public Charter School Authority the discovery of any past or present relationship with an applicant, including, without limitation, with any current or prospective employee, agent, officer or director of the sponsor of the proposed charter school, any affiliated entity or any other person with an interest in the application; and

(d) Shall complete a questionnaire regarding conflicts of interest prescribed by the Executive Director to ensure that each member has no pecuniary interest in the approval or denial of any application which he or she may review.

6. After the application review panel reviews and scores an application and conducts an interview with the applicant, the panel must submit its recommendation and supporting information to the Executive Director. The Executive Director or his or her designee shall consider the recommendations of the application review panel, draft a staff recommendation and forward the staff recommendation and the application to the State Public Charter School Authority for review. The State Public Charter School Authority:

(a) Will review and evaluate all application materials according to the criteria established in subsection 7;

(b) May consider the score given to the application by the application review panel and consider the staff recommendation forwarded pursuant to subsection 6; and

7. The State Public Charter School Authority will consider, without limitation, whether the applicant has demonstrated the capacity to:

(a) Further the purposes for the establishment of charter schools pursuant to chapter 388A of NRS;

(b) Comply with all laws and regulations affecting charter schools, including, without limitation, laws and regulations concerning pupils with disabilities, pupils who are English learners, pupils who are academically behind their peers and gifted and talented pupils;

(c) Meet its projections for enrollment through a demonstration of support for the proposed charter school in the communities from which pupils would be likely to enroll;

(d) Develop and implement a plan for recruitment and retention consistent with the provisions of this chapter and chapter 388A of NRS;

(e) Involve parents and guardians as partners in the education of their children;

(f) Develop a proposed program which enhances options for pupils in the areas served by the proposed charter school;

(g) Develop a management structure and plan which enables the proposed charter school to function at a high level of performance and which will achieve the goals and mission set forth in its charter contract, including, without limitation, information about the proposed staff and members of the governing body of the proposed charter school and the roles, responsibilities and manner of selection of the governing body;

(h) Develop bylaws which govern the governing body of the proposed charter school in a manner consistent with this chapter and chapter 388A of NRS;

(i) Develop a management structure and plan which enables the governing body of the proposed charter school to oversee multiple campuses or a network of charter schools, including the roles and responsibilities of school leaders and administrators, if applicable;

(j) Assure that pupils enrolled in the proposed charter school will meet the same performance standards and assessment requirements for pupils in other public schools;

(k) Develop goals for each year of the charter contract for the proposed charter school to help measure the progress and success of the school in fulfilling the terms of its charter which:

(1) Supplement, but do not supplant, the indicators, metrics and measurements contained in the performance framework established by the State Public Charter School Authority; and

(2) Are specific to the mission of the proposed charter school, if applicable;

(l) Effectively administer its educational programs, school operations and finances in accordance with state and federal laws and regulations and the provisions of any applicable federal grant for charter schools;

(m) Establish a process to provide to pupils, parents, guardians, the State Public Charter School Authority, other interested parties and the public all information required to be provided by state and federal laws and regulations and to provide to the State Public Charter School Authority, the Department of Education, the State Board of Education, the Governor and the Legislative Counsel Bureau such information as those entities may request;

(n) Develop an enrollment policy consistent with federal laws and regulations, this chapter and chapter 388A of NRS;

(o) Ensure the thoroughness and accuracy of the information contained in its application;

(p) Provide school facilities which comply with all applicable municipal building codes and other applicable laws and which are adequate to meet the program requirements of the proposed charter school;

(q) Develop a governing body with the capacity to effectively govern the proposed charter school and, if applicable, to effectively govern more than one campus or school; and

(r) Build a network of charter schools, if applicable.

8. If an applicant, any person who is a member of a group comprising an applicant, any vendor or educational management organization which is proposed to contract with the charter school or any person proposed to be employed by the charter school or by a vendor or educational management organization which is proposed to contract with the charter school has a current or previous relationship with a charter school in this or any other state, the State Public Charter School Authority and the Executive Director may consider all information relating to the performance of such a charter school when evaluating the application of the applicant, including, without limitation, any information reported to the general public or the State Public Charter School Authority by other sponsors of charter schools or by other clients of the vendor or educational management organization.

9. The decision of the State Public Charter School Authority on whether to approve an application to form a charter school is a final decision.

10. If the State Public Charter School Authority approves an application to form a charter school pursuant to this section, the applicant must:

(a) Submit a draft of each document required pursuant to NAC 388A.410 to the State Public Charter School Authority for review and approval before opening the charter school; and

(b) Execute a charter contract within 45 days after approval of its application to form a charter school. The State Public Charter School Authority may revoke approval of an application to form a charter school if the applicant fails to comply with this paragraph.

(Added to NAC by St. Pub. Charter School Auth. by R089-16, eff. 12-21-2016)

NAC 388A.265 Submission of redacted application to be shared with public. (NRS 388A.168)

1. In addition to the application to form a charter school submitted pursuant to NAC 388A.260, each applicant shall submit a version of the application which excludes or redacts from the application and any related material to be shared with the public:

(a) Proprietary material.

(b) Copyrighted material.

(c) Any documents which may violate the Family Educational Rights and Privacy Act of 1974, 20 U.S.C. § 1232g, by identifying potential pupils of the proposed charter school, including, without limitation, sign-in lists from public meetings relating to the charter school, photographs of current pupils if the school is currently operating, photographs of potential pupils and letters of support from potential parents or pupils of the proposed charter school.

(d) Any other information or documentation which may not be released to the public in accordance with state or federal laws or regulations.

2. The Executive Director may reject and require resubmission of an application submitted pursuant to subsection 1 if the Executive Director determines that publishing the application on the Internet website maintained by the State Public Charter School Authority would violate any state or federal laws or regulations applicable to the State Public Charter School Authority, including, without limitation, 29 U.S.C. § 794d.

(Added to NAC by St. Pub. Charter School Auth. by R089-16, eff. 12-21-2016)

NAC 388A.270 Designation of applicant as proven provider. (NRS 388A.168)

1. Before submitting an application to form a charter school to the State Public Charter School Authority pursuant to NAC 388A.260, an applicant may request that the State Public Charter School Authority designate the applicant as a proven provider. A request for designation as a proven provider must be submitted on a form prescribed by the Executive Director which must include, without limitation, a detailed description of the significant management or leadership role or responsibility of the charter management organization or committee to form a charter school at a successful school or similar program and evidence that the charter management organization or committee to form a charter school, as applicable:

(a) Achieved academic success at the school or similar program by demonstrating success in the academic performance of pupils and the implementation of successful academic programs, including, without limitation, by submitting information showing:

(1) Proficiency levels and growth measures on the statewide system of accountability for public schools or equivalent assessments for all pupils and for one or more targeted subgroups of pupils which are sufficient for the school to perform at the top two tiers on the statewide system of accountability for public schools or at a similar level on any successor system;

(2) Pupil performance on other standardized tests over a period of at least 3 years which demonstrates achievement levels for pupils and, if available, for cohorts of pupils that are similar to statewide averages in English language arts and mathematics for all pupils in this State at comparable grades; and

(3) Graduation and dropout data, if applicable;

(b) Operated a viable organization at the school or similar program by demonstrating:

(1) Effective governance, financial management and implementation of plans for recruitment and retention at the school or similar program;

(2) Compliance with all applicable state and federal laws and regulations by the school or similar program; and

(3) Any other information relating to the school or similar program determined to be relevant by the State Public Charter School Authority; and

(1) The proposed charter school will serve a population of pupils which is similar to the population served by the school or similar program; and

(2) The educational programs at the proposed charter school will be similar to or represent a reasonable modification of the educational programs at the school or similar program.

2. If the Executive Director determines that an applicant has fulfilled the requirements of subsection 1, the Executive Director shall recommend that the State Public Charter School Authority designate the applicant as a proven provider. The State Public Charter School Authority will consider the recommendation of the Executive Director and determine whether to designate the applicant as a proven provider.

3. A proven provider may submit its application to form a charter school on a form prescribed by the Executive Director at any time. Upon receipt of an application to form a charter school submitted by a proven provider, the State Public Charter School Authority will consider its capacity, ability to form an application review panel and meeting schedule and may give priority to such an application.

4. If the Executive Director believes that an applicant or potential applicant may qualify to be designated as a proven provider, the Executive Director may, in his or her discretion, invite the applicant or potential applicant to request designation as a proven provider pursuant to this section.

(Added to NAC by St. Pub. Charter School Auth. by R089-16, eff. 12-21-2016)

AMENDMENT, REVOCATION AND TERMINATION OF CHARTERS AND CHARTER CONTRACTS; CLOSURE

General Requirements

NAC 388A.300 Request for change in sponsorship of charter school. (NRS 385.080, 388A.231)

1. Except as otherwise provided in subsection 2, the governing body of a charter school may request a change in the sponsorship of the charter school pursuant to NRS 388A.231.

2. A request for a change in sponsorship may not be made if the proposed sponsor is a school district other than the school district in which the charter school is located.

3. A written request for a change in sponsorship must be submitted to the proposed sponsor and must include:

(a) A copy of the most recently approved application to form a charter school; and

(b) A copy of the charter contract with the current sponsor.

4. A request for a change in sponsorship must be considered by the proposed sponsor at a public meeting not later than 60 days after receipt of the request.

5. A proposed sponsor may approve a request for a change in sponsorship if:

(a) The charter school is in sound financial condition as determined by the most recent annual audit required by NAC 387.775;

(b) The charter school was rated in the first, second or third highest tier during the last rating of the charter school pursuant to the statewide system of accountability for public schools immediately preceding the date on which the request is submitted; and

(c) The charter school agrees to enter into a charter contract with the new sponsor. The charter contract may differ from the charter contract which the charter school signed with the current sponsor.

6. At the time a request for a change in sponsorship is submitted to the proposed sponsor, the governing body of a charter school shall submit a copy of the request to the current sponsor of the charter school.

(Added to NAC by Bd. of Education by R188-05, eff. 2-23-2006; A by R135-07, 4-17-2008; R026-09, 10-27-2009; A by Dep’t of Education by R035-14, 12-22-2014; A by Bd. of Education by R076-14, 12-22-2014; R076-14, 12-22-2014) — (Substituted in revision for NAC 386.323)

NAC 388A.305 Amendment of charter contract: Public meeting; approval of majority of members of governing board required; request; authority for approval by staff of sponsor. (NRS 388A.105, 388A.110, 388A.168, 388A.276)

1. The governing body of a charter school shall hold a public meeting that complies with the provisions of chapter 241 of NRS before the governing body submits to the sponsor of the charter school a written request for an amendment to its charter contract pursuant to NRS 388A.276. The governing body of a charter school may not request such an amendment unless a majority of members of the governing body vote to approve making the request.

2. Except as otherwise provided in NAC 388A.310 to 388A.335, inclusive, if the governing body of a charter school requests an amendment to its charter contract pursuant to NRS 388A.276, the sponsor of the charter school may authorize its staff to approve the amendment as the sponsor deems appropriate.

(Added to NAC by Dep’t of Education by R171-05, eff. 2-23-2006; A by R071-10, 10-15-2010; R035-14, 12-22-2014; R035-14, 12-22-2014) — (Substituted in revision for NAC 386.325)

NAC 388A.310 Amendment of charter contract: Request to expand instruction to grade levels of pupils other than those for which charter school is currently approved. (NRS 388A.105, 388A.110, 388A.168, 388A.276)

1. If the governing body of a charter school wishes to amend its charter contract pursuant to NRS 388A.276 to expand the instruction and other educational services provided by the charter school to pupils who are enrolled in grade levels other than the grade levels of pupils currently approved for enrollment in the charter school, the governing body of the charter school must submit to the sponsor of the charter school a written request for such an amendment not later than 90 days before the date on which the governing body proposes to operate the expanded grade levels.

2. The written request must include, without limitation:

(a) Each grade level for which the charter school is requesting the amendment and the anticipated enrollment in each grade level for:

(1) The first year during which the grade level is to be operated; and

(2) Each additional year remaining in the term of the existing charter contract.

(b) The proposed curriculum for each grade level for which the charter school is requesting the amendment.

(1) For each course, the name and a description of the course, including, without limitation, the grade level at which the course will be offered; and

(2) A designation of the courses that a pupil must complete for promotion to each grade level and, if applicable, graduation.

(d) A schedule of classes to be offered which must meet the requirements for prescribed courses and required courses of study as set forth in chapter 389 of NRS and chapter 389 of NAC.

(e) A schedule of examinations of achievement and proficiency that will be administered to pupils at the charter school. The schedule must:

(1) Be aligned with any schedules of examinations of achievement and proficiency which are published by the Department and the school district in which the charter school is located, if available; and

(2) Meet the requirements of chapter 389 of NRS and other applicable federal, state and local laws and regulations.

(f) The qualifications of each person who will provide instruction in each grade level.

(g) A list of textbooks that will be used for the courses described in paragraph (c).

(h) A proposed budget that sets forth the estimated revenues and expenditures of the charter school for the first year in which the charter school enrolls pupils in the expanded grade levels.

3. The sponsor of the charter school shall review the written request to determine if the written request:

(a) Complies with NRS 388A.010 to 388A.640, inclusive, and the regulations applicable to charter schools; and

(b) Is complete in accordance with regulations of the Department.

4. Within 30 days after receipt of the written request, the sponsor of the charter school shall provide written notice to the governing body of the charter school of its findings, including any items that are incomplete or noncompliant. Written notice informing the governing body that the written request is incomplete or noncompliant shall be deemed denial of the written request.

5. If the sponsor of the charter school denies a written request, the governing body of the charter school may correct any deficiencies and resubmit the written request within 30 days after receipt of the written notice of denial for review.

6. The sponsor of the charter school may deny the written request if:

(a) The sponsor finds that the written request is not compliant and complete; or

(b) The charter school was not rated in the first, second or third highest tier during the last rating of the charter school pursuant to the statewide system of accountability for public schools.

(Added to NAC by Dep’t of Education by R071-10, eff. 10-15-2010; A by R035-14, 12-22-2014; R035-14, 12-22-2014) — (Substituted in revision for NAC 386.326)

NAC 388A.315 Amendment of charter contract: Request to occupy new or additional facility. (NRS 388A.105, 388A.110, 388A.168, 388A.276)

1. If the governing body of a charter school wishes to amend its charter contract pursuant to NRS 388A.276 to occupy a new or additional facility, including, without limitation, a facility that will be used by a charter school that provides a program of distance education pursuant to NRS 388.820 to 388.874, inclusive, the governing body of the charter school must submit to the sponsor of the charter school a written request for such an amendment:

(a) If the facility has been constructed and needs no renovation before it may be occupied by the charter school, not later than 15 days before the date on which the charter school proposes to occupy the facility; or

(b) If the facility has not been constructed or needs renovation before it may be occupied by the charter school, not later than 15 days before the date on which the construction or renovation is scheduled to begin.

2. The written request must include, without limitation:

(a) The address of the facility.

(b) The type of facility.

(d) The name and address of the owner of the facility.

(e) If the facility will be leased or rented, a copy of the proposed lease or rental agreement.

(f) If the facility has been constructed and needs no renovation before it may be occupied by the charter school:

(1) A copy of the certificate of occupancy for the facility; and

(2) Documents which indicate that the facility 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.

(g) If the facility has not been constructed or needs renovation before it may be occupied by the charter school, an explanation of the plans for the construction or renovation, including, without limitation, a timeline for the completion of the construction or renovation.

(h) Evidence which demonstrates that the governing body of the charter school has communicated with the Division of Industrial Relations of the Department of Business and Industry regarding compliance with the federal Occupational Safety and Health Act of 1970, as amended.

(i) Documentation which demonstrates that the governing body of the charter school has obtained the insurance required by NAC 388A.190 for the proposed facility.

3. The sponsor of the charter school shall:

(a) If the proposed facility has been constructed and needs no renovation before it may be occupied by the charter school, perform a physical inspection of the proposed facility or assign a designee to perform the inspection.

(b) Review the written request submitted pursuant to subsection 1 to determine if the written request:

(1) Complies with NRS 388A.010 to 388A.640, inclusive, and the regulations applicable to charter schools; and

(2) Is complete in accordance with the regulations of the Department.

4. Not later than 10 business days after receipt of the written request submitted pursuant to subsection 1, the sponsor of the charter school shall provide written notice to the governing body of the charter school of its findings pursuant to subsection 3, including any items that are incomplete or noncompliant. Written notice informing the governing body of a charter school that the written request is incomplete or noncompliant shall be deemed denial of the written request.

5. The sponsor of the charter school may deny the written request if:

(a) The sponsor finds that the written request is not compliant or complete; or

(b) The charter school was not rated in the first, second or third highest tier during the last rating of the charter school pursuant to the statewide system of accountability for public schools.

6. The governing body of a charter school shall not amend its charter contract until the governing body has received written notice of approval of the written request from the sponsor of the charter school.

7. If the facility has not been constructed or needs renovation before it may be occupied by the charter school, before the charter school may occupy the facility:

(a) The governing body of the charter school must submit to the sponsor of the charter school:

(1) A copy of the certificate of occupancy for the facility; and

(b) The sponsor, or the sponsor’s designee, must perform a physical inspection of the facility.

(Added to NAC by Dep’t of Education by R071-10, eff. 10-15-2010; A by R035-14, 12-22-2014; R035-14, 12-22-2014) — (Substituted in revision for NAC 386.3265)

NAC 388A.320 Amendment of charter contract: Request to acquire a new or additional facility. (NRS 388A.105, 388A.110, 388A.168, 388A.276)

1. If the governing body of a charter school wishes to amend its charter contract pursuant to NRS 388A.276 to acquire a new or additional facility, the governing body must submit to the sponsor of the charter school a written request for approval of the acquisition. The request must include any information prescribed by the sponsor and be submitted before the governing body takes any action to acquire the facility.

2. The sponsor of a charter school may deny a request received pursuant to subsection 1 if the charter school was not rated in the first, second or third highest tier during the last rating of the charter school pursuant to the statewide system of accountability for public schools.

3. Not later than 15 days after receiving a request pursuant to subsection 1, the sponsor of the charter school shall provide to the governing body of the charter school written notice of the approval or disapproval of the request.

(Added to NAC by Dep’t of Education by R035-14, eff. 12-22-2014; A by R035-14, 12-22-2014) — (Substituted in revision for NAC 386.3266)

NAC 388A.325 Amendment of charter contract: Request to eliminate a grade level or other educational services. (NRS 388A.105, 388A.110, 388A.168, 388A.276)

1. If the governing body of a charter school wishes to amend its charter contract pursuant to NRS 388A.276 to eliminate a grade level for which the charter school provides instruction or other educational services, the governing body must submit to the sponsor of the charter school a written request for such an amendment not later than 90 days before the date on which the governing body proposes to eliminate the instruction or educational services.

2. The written request must include, without limitation, an explanation of the reasons that the charter school wishes to eliminate the instruction or educational services.

(Added to NAC by Dep’t of Education by R035-14, eff. 12-22-2014; A by R035-14, 12-22-2014) — (Substituted in revision for NAC 386.3267)

NAC 388A.330 Amendment of charter contract: Governing body must obtain approval from sponsor for certain amendments. (NRS 388A.105, 388A.110, 388A.168, 388A.276) The governing body of a charter school must obtain approval from the sponsor of the charter school for any of the following amendments to the charter contract:

1. Changing the name or location of the charter school.

2. Changing the mission or goals of the charter school that were described in the application to form the charter school pursuant to subsection 2 of NRS 388A.246.

3. An amendment to a condition set forth in the charter contract that the governing body must satisfy before the charter school provides instruction to pupils.

4. An amendment to a plan for the transportation of pupils.

5. Expanding the instruction and other educational services provided by the charter school to pupils who are enrolled in grade levels other than the grade levels of pupils currently approved for enrollment in the charter school.

6. Eliminating one or more grade levels for which the charter school provides instruction or other educational services.

(Added to NAC by Dep’t of Education by R035-14, eff. 12-22-2014; A by R035-14, 12-22-2014) — (Substituted in revision for NAC 386.3268)

NAC 388A.335 Amendment of charter contract: Request for amendment not otherwise described in NAC 388A.310 to 388A.335, inclusive. (NRS 388A.105, 388A.110, 388A.168) If the governing body of a charter school wishes to amend its charter contract in a way that is not described in NAC 388A.310 to 388A.335, inclusive, the governing body must submit a written request to the sponsor of the charter school for a determination of whether the proposed amendment is:

1. A material amendment to the charter contract. If the sponsor determines that the proposed amendment is material, the governing body must obtain approval from the sponsor before the amendment becomes effective.

2. A nonmaterial amendment to the charter contract. If the sponsor determines that the proposed amendment is not material, the governing body is not required to obtain approval from the sponsor before the amendment becomes effective.

(Added to NAC by Dep’t of Education by R035-14, eff. 12-22-2014; A by R035-14, 12-22-2014) — (Substituted in revision for NAC 386.3269)

NAC 388A.337 Amendment of charter contract: Closure of campus at multi-campus school. (NRS 388A.110) The sponsor of a multi-campus school may amend the charter contract to close a campus without closing the multi-campus school.

(Added to NAC by Dep’t of Education by R131-16, eff. 12-19-2017; A by R131-16; 1-1-2020)

NAC 388A.340 Governing body to notify sponsor of certain changes; changes must be approved in public meeting. (NRS 388A.110)

1. The governing body of a charter school shall notify the sponsor of the charter school not later than 10 days after the charter school makes any change to the mailing address, telephone number, facsimile number, articles of incorporation or bylaws of the charter school.

2. Before making any change described in subsection 1, the governing body of a charter school must approve the changes in a public meeting held pursuant to chapter 241 of NRS.

(Added to NAC by Dep’t of Education by R035-14, eff. 12-22-2014) — (Substituted in revision for NAC 386.329)

NAC 388A.345 Procedure for termination of charter contract. (NRS 388A.105, 388A.110, 388A.330) If the sponsor of a charter school intends to terminate the charter contract pursuant to NRS 388A.330, the sponsor shall:

1. Notify the governing body of the charter school, pursuant to subsection 2 of NRS 388A.330, by certified mail.

2. If the board of trustees of a school district or a college or university within the Nevada System of Higher Education, as applicable, is the sponsor, submit to the Department a copy of the notice described in subsection 1 within 5 days after providing notice to the governing body of the charter school.

3. Ensure that the notices required pursuant to subsections 1 and 2:

(a) Set forth evidence that the sponsor has made a determination pursuant to subsection 1 of NRS 388A.330; and

(b) Describe the findings of the sponsor that authorize termination of the charter contract pursuant to NRS 388A.330.

(Added to NAC by Dep’t of Education by R196-97, eff. 3-13-98; A by R163-99, 2-2-2000; R193-01, 4-1-2002; R045-06, 8-31-2007; R169-07, 9-18-2008; R035-14, 12-22-2014; R035-14, 12-22-2014) — (Substituted in revision for NAC 386.330)

NAC 388A.347 Procedure to restart charter school upon termination of charter contract; person selected to restart charter school granted right of first refusal to acquire assets of previous charter school; enrollment of previously enrolled pupils before new pupils are enrolled. (NRS 388A.110, 388A.330)

1. If the sponsor of a charter school terminates the charter contract of the charter school, the sponsor may restart the charter school by soliciting:

(a) Requests to amend the charter contract for expansion from operating charter schools; and

(b) Applications for a charter contract from committees to form a charter school and charter management organizations.

Ê The sponsor of the charter school shall review and evaluate such requests or applications on an expedited basis outside of its normal timeline for amendments or applications. The sponsor may select one or more such persons or entities to restart the charter school.

2. The sponsor of a charter school shall grant the person or persons selected by the sponsor to restart a charter school the right of first refusal to acquire any assets of the previous charter school, including, without limitation, any facility owned by the previous charter school. Such person or persons may enter into negotiations to assume a lease of the previous charter school or secure a new facility in close proximity to the previous charter school.

3. If a new charter school selected pursuant to this section will serve the same grade level as the previous charter school, the new charter school must ensure that any pupil who was enrolled in the previous charter school who wishes to enroll in the new charter school is enrolled in the new charter school before any new pupil may be enrolled. If more pupils who were enrolled in the previous charter school request enrollment in the new charter school at a grade level than the new charter school can accommodate, the new charter school shall hold an enrollment lottery for that grade level.

(Added to NAC by Dep’t of Education by R131-16, eff. 12-19-2017; A by R131-16, 1-1-2020)

NAC 388A.350 “Persistently underperformed” interpreted. (NRS 388A.105, 388A.110, 388A.330) As used in NRS 388A.330, a charter school has “persistently underperformed” if:

1. The charter school was not rated in the first, second or third highest tier during the last three ratings of the charter school pursuant to the statewide system of accountability for public schools; or

2. The charter school has not complied consistently with the performance indicators, measures and metrics set forth in the performance framework of the charter school, as determined by the sponsor.

(Added to NAC by Dep’t of Education by R035-14, eff. 12-22-2014; A by R035-14, 12-22-2014) — (Substituted in revision for NAC 386.332)

NAC 388A.355 Closure: Duties of governing body, sponsor and Department; failure of compliance by licensed teacher who is member of governing body. (NRS 388A.105, 388A.110, 388A.306)

1. If the governing body of a charter school makes a voluntary decision to close the charter school, the charter contract is terminated or if the operation of the charter school is otherwise terminated for any reason, the governing body shall:

(a) Not less than 30 days before the closure of the charter school, provide written notice of the closure to the Department, the sponsor of the charter school, the employees of the charter school, the parent or legal guardian of each pupil enrolled in the charter school, the Director of the Department of Business and Industry, the creditors of the charter school and the board of trustees of each school district in which a pupil enrolled in the charter school resides. The written notice must include:

(1) The reason for the closure;

(2) The date of the closure;

(3) The date of the meeting of the governing body on which the determination was made to close the charter school, if applicable;

(4) The name of the administrator or other qualified person appointed pursuant to NRS 388A.306 to act as a trustee and information on how that person may be contacted;

(5) A statement of the governing body’s plan to assist pupils to identify and transfer to other schools; and

(6) The address, telephone number and hours of operation of the office that the charter school is required to maintain pursuant to paragraph (d) of subsection 1 of NRS 388A.306.

(b) Not less than 30 days before the closure of the charter school, submit to the sponsor of the charter school all records pertinent to:

(1) The indebtedness of the charter school, if any; and

(2) Any property of the charter school that is encumbered.

(c) Ensure that all information required by NRS 385A.820 for inclusion in the automated system of accountability information for Nevada is current to the date of the closure.

(d) Return any remaining restricted assets to their source, such as grant money and money contained in restricted categorical funds.

(e) Create a current and projected payroll and payroll benefits commitment, listing each employee, each employment position and the amount of money required to satisfy existing contracts.

(f) Submit to the sponsor of the charter school a report of the income tax documentation for the employees of the charter school.

(g) Ensure that the outstanding obligations of the charter school are settled after closure of the charter school, including, without limitation, unemployment compensation, employee benefits, resolution of the lease agreement for the charter school, if applicable, and final balances for utilities and other costs.

(h) Provide to the Department and the sponsor of the charter school:

(1) Not later than 6 months after closure of the charter school, the results of an independent audit, including, without limitation, the net assets and net liabilities of the charter school; and

(2) The annual report of budget required by NRS 388A.345.

2. Upon notification of the closure of a charter school, the Department and the sponsor of the charter school shall each notify the governing body of the charter school of any outstanding liabilities owed by the charter school to the Department or the sponsor, as applicable.

3. The sponsor of the charter school shall conduct a physical inspection of the charter school to confirm that all equipment, supplies and textbooks are on the premises of the charter school.

4. The governing body of the charter school shall ensure that all money received by the charter school from this State that is unencumbered is returned to the Department and placed in an escrow account for the purpose of satisfying any outstanding obligations of the charter school. One year after the establishment of the escrow account, the Department will transfer the balance remaining in that account to the State Distributive School Account created pursuant to NRS 387.030.

5. If a licensed teacher who is a member of the governing body of a charter school fails to comply with subsection 1 or 4, the sponsor of the charter school or the Superintendent of Public Instruction may consider whether such failure to comply constitutes grounds for suspension or revocation of the license of the teacher pursuant to NRS 391.330 and whether appropriate action is warranted in accordance with NRS 391.320 to 391.361, inclusive.

(Added to NAC by Dep’t of Education by R057-04, eff. 8-25-2004; A by R169-07, 9-18-2008; R035-14, 12-22-2014; R035-14, 12-22-2014) — (Substituted in revision for NAC 386.335)

Additional Requirements for Charter Schools Sponsored by the State Public Charter School Authority

NAC 388A.400 Request to amend charter contract: Submission; person or entity to whom certain requests to be submitted; when restated application to form charter school required; publication; requirements and considerations for approval; review of decision; duties of charter school upon approval. (NRS 388A.168)

1. A charter school sponsored by the State Public Charter School Authority that wishes to amend the material terms of its charter contract pursuant to NRS 388A.276 shall submit a request to amend its charter contract to the State Public Charter School Authority or the Executive Director, as applicable, for approval pursuant to this section. Except as otherwise provided in this section, such a request must be submitted to the State Public Charter School Authority or the Executive Director on or after April 1 and on or before April 15 or on or after October 1 and on or before October 15 of each year. A charter school must submit a written notice of intent to submit a request to amend its charter contract to the State Public Charter School Authority or the Executive Director not less than 45 days before submitting the request. The State Public Charter School Authority or the Executive Director may, upon request and for good cause shown, accept a request to amend a charter contract at any time.

2. A request to amend the terms of a charter contract relating to:

(a) The districts specified in the charter contract;

(b) The maximum enrollment of the charter school;

(d) A contractual relationship with an educational management organization which provides or plans to provide substantially all the educational services offered by the charter school;

(e) The acquisition and occupancy of a new or additional facility which the State Public Charter School Authority determines has the effect of increasing enrollment at the charter school;

(f) Relocation to a new facility which the State Public Charter School Authority determines does not have the effect of increasing enrollment at the charter school;

(g) The conversion of the charter school from a single-campus school to a multi-campus school or from a multi-campus school to a single-campus school;

(h) A consolidation of the charter contract for one or more charter schools;

(i) A change to the mission statement and admissions policy of the charter school which would change the population served by the charter school from all pupils to the pupils specified in paragraph (a) of subsection 3 of NRS 385A.740;

(j) A change to the mission statement and admissions policy of the charter school which would change the population served by the school from the pupils specified in paragraph (a) of subsection 3 of NRS 385A.740 to all pupils;

(k) A change to the mission statement of the charter school not described in paragraph (i) or (j); or

(l) A change in the educational programs, curriculum models, methods of instructional delivery, including, without limitation, distance education, blended or other programs or designs for the whole charter school which is inconsistent with those specified in the charter contract, as applicable, including, without limitation:

(1) A change from a virtual or cyber school model to a blended model or classroom-based instructional model;

(2) A change from a blended model to a virtual or cyber school model or classroom-based instructional model; or

(3) A change from a classroom-based instructional model to a virtual or cyber school model or blended model,

Ê must be submitted to the State Public Charter School Authority for approval on a form prescribed by the Executive Director.

3. A request to amend the terms of a charter contract relating to:

(a) The name of the charter school;

(b) The governance or leadership structure of the charter school;

(d) The discipline policy of the charter school;

(e) The suspension policy of the charter school;

(f) The bylaws of the charter school or its governing body;

(g) The membership of the governing body of the charter school;

(h) The schedule of the charter school, including, without limitation, the length of its academic year, school week or school day;

(i) The accountability plan for the charter school, including, without limitation, any improvement plan required by state or federal law or the State Public Charter School Authority;

(j) The enrollment policy of the charter school and its application for admission; or

(k) The expulsion policy of the charter school,

Ê must be submitted to the Executive Director for approval on a form prescribed by the Executive Director.

4. The Executive Director may refer a request submitted to him or her pursuant to this section to the State Public Charter School Authority for approval.

5. If a charter school requests an amendment to its charter contract within 18 months after a previous request for an amendment, the Executive Director may recommend that the State Public Charter School Authority require the charter school to submit a comprehensive, restated application to form a charter school for review and approval by the State Public Charter School Authority. Such a review shall include, without limitation, a de novo review of the revised academic, organizational and financial plans for the charter school, the capacity of its staff, governing body and vendors and a further review of any amendment approved by the State Public Charter School Authority within 18 months before the date of the review.

6. A charter school may not request an amendment to its charter contract unless the amendment has been voted on and approved by the governing body of the charter school pursuant to NAC 388A.305. A charter school may not implement an amendment to its charter contract unless the amendment has been submitted to and approved by the State Public Charter School Authority or the Executive Director, as appropriate.

7. The State Public Charter School Authority will publish each request to amend a charter contract received by the State Public Charter School Authority or the Executive Director on the Internet website maintained by the State Public Charter School Authority. The versions of the documents published pursuant to this subsection must comply with NAC 388A.405.

8. The State Public Charter School Authority and the Executive Director may consider a charter school’s compliance with applicable local, state and federal laws and regulations and evidence relating to the academics, finance and organization of the charter school when determining whether to approve a request for an amendment to its charter contract.

9. The State Public Charter School Authority will not approve a request to amend the terms of a charter contract pursuant to paragraph (g) of subsection 2 unless:

(a) For a charter school requesting conversion from a multi-campus school to a single-campus school which has received funding from the United States Department of Education to plan or implement the charter school in the immediately preceding 5 years, the charter school agrees not to combine its campus with the campus of another charter school that has not received such funding; and

(b) For a charter school requesting conversion from a single-campus school to a multi-campus school, the charter school agrees to include provisions in its charter contract which:

(1) Require each campus of the charter school to have a distinct academic leader who reports to the administrative head of the charter school and is responsible for the staff of his or her campus;

(2) Allow pupils from one campus of the charter school to matriculate to another campus automatically or, if there are insufficient spaces at a campus for matriculating pupils, in a manner that gives matriculating pupils priority over new pupils which may include, without limitation, by an internal lottery for matriculating pupils held before an external lottery for new pupils;

(3) Require new pupils to apply to each campus of the charter school through a separate application and lottery process;

(4) Identify the name, group of grade levels to be served and location of each campus; and

(5) Authorize the State Public Charter School Authority to reconstitute, restart or close each campus of the charter school separately based on the performance of each campus.

10. A charter school which submits a request to amend the terms of its charter contract which will come into effect within 18 months before the expiration of its existing charter contract may not submit anecdotal evidence or testimony related to data not reflected in the statewide system of accountability for public schools or the performance framework adopted by the State Public Charter School Authority and incorporated into the charter contract in support of the application for renewal of its charter contract.

11. If the Executive Director denies or, within 60 days after the date upon which the request was submitted, fails to approve a request for an amendment submitted to him or her pursuant to this section, the governing body of the charter school which submitted the request may submit the request to the State Public Charter School Authority for review.

12. The decision of the State Public Charter School Authority regarding whether to approve a request to amend a charter contract is a final decision.

13. If the State Public Charter School Authority or the Executive Director, as appropriate, approves a request to amend a charter contract, the charter school must:

(a) Submit a draft of each document required pursuant to NAC 388A.410 to the State Public Charter School Authority for review and approval before implementing the amendment; and

(b) Execute a charter contract within 45 days after approval of its request to amend its written charter or charter contract. The State Public Charter School Authority may revoke approval of a request to amend a written charter or charter contract if the charter school fails to comply with this paragraph.

14. As used in this section:

(a) “Multi-campus school” means a charter school that operates two or more campuses, each of which has a distinct academic leader who is responsible for its staff and each of which may serve the same group of grade levels or differing groups of grade levels, under one charter contract.

(b) “Single-campus school” means a charter school that serves a specified group of grade levels with a single academic leader who is responsible for its staff and for the entire group of grade levels of the campus regardless of whether the educational programs of the charter school are delivered in one or more than one building.

(Added to NAC by St. Pub. Charter School Auth. by R089-16, eff. 12-21-2016; A by R089-16, 12-21-2016)

NAC 388A.405 Submission of version of request to amend charter contract with certain information redacted. (NRS 388A.168)

1. In addition to the request to amend its charter contract submitted pursuant to NAC 388A.400, each charter school shall submit a version of the request to amend its charter contract which excludes or redacts from the request and any related material to be shared with the public:

(a) Proprietary material.

(b) Copyrighted material.

(c) Any documents which may violate the Family Educational Rights and Privacy Act of 1974, 20 U.S.C. § 1232g, by identifying the current or potential pupils of the charter school, including, without limitation, sign-in lists from public meetings relating to the charter school, photographs of current or potential pupils and letters of support from current or potential parents or pupils of the charter school.

(d) Any other information or documentation which may not be released to the public in accordance with state or federal laws or regulations.

2. The Executive Director may reject and require resubmission of a request submitted pursuant to subsection 1 if the Executive Director determines that publishing the request on the Internet website maintained by the State Public Charter School Authority would violate any state or federal laws or regulations applicable to the State Public Charter School Authority, including, without limitation, 29 U.S.C. § 794d.

(Added to NAC by St. Pub. Charter School Auth. by R089-16, eff. 12-21-2016; A by R089-16, 12-21-2016)

NAC 388A.410 Additional conditions for approval of application to form charter school or request to amend charter contract for certain purposes; submission of certain documents upon receipt of charter contract or approval of amendment. (NRS 388A.168, 388A.258)

1. The State Public Charter School Authority may specify additional conditions when approving an application to form a charter school or a request to amend a charter contract for the purpose of occupying additional facilities. If such an applicant or charter school fails to comply with the additional conditions specified by the State Public Charter School Authority, the Executive Director may prohibit the charter school from beginning or continuing to operate as a charter school.

2. Upon receiving a charter contract or approval of an amendment to a charter contract, the charter school must, on or before June 30 following receipt, submit all documents required for opening to the State Public Charter School Authority, including, without limitation:

(a) If the governing body of the charter school intends to procure substantially all educational services from another person or organization, the terms of the proposed management contract;

(b) The policies and procedures of the charter school, including, without limitation, approved bylaws, an enrollment policy and a plan for the recruitment and retention of pupils;

(d) Written documentation demonstrating that criminal background checks have been performed as required by state law;

(e) Written documentation demonstrating that any facility to be used by the charter school is approved for use as a school by the building inspector in the municipality in which the facility is located;

(f) Written documentation demonstrating that any facility occupied by the charter school has received a fire inspection from the appropriate fire authority;

(g) If explosives or flammable compounds or liquids will be used in conjunction with courses taught at the charter school, written documentation demonstrating that approval has been secured from the appropriate licensing authority in the municipality in which the facility is located; and

(h) Written documentation demonstrating that the charter school is in compliance with all other applicable federal and state health and safety laws and regulations, including, without limitation, evidence of compliance with any required insurance coverage.

(Added to NAC by St. Pub. Charter School Auth. by R089-16, eff. 12-21-2016; A by R089-16, 12-21-2016)

NAC 388A.415 Application for renewal of charter school contract: Submission; contents of application; waiver of certain requirements; site visits; review and recommendation by Executive Director; response to recommendation; publication; considerations; reconsideration of decision to deny application; decision final; execution of charter contract upon approval. (NRS 388A.168)

1. The governing body of a charter school sponsored by the State Public Charter School Authority that wishes to renew its charter contract shall submit an application for renewal to the State Public Charter School Authority on a form prescribed by the Executive Director. Except as otherwise provided in this section, an application for renewal must be submitted to the State Public Charter School Authority on or after October 1 and on or before October 15. The governing body must submit a written notice of intent to submit an application for renewal to the Executive Director not less than 45 days before submitting the application for renewal. The Executive Director may, upon request and for good cause shown, accept an application for renewal at any time. The application for renewal must include, without limitation:

(a) A summary of the academic performance of the charter school as reported by the statewide system of accountability for public schools and any predecessor or successor accountability system and the performance framework adopted by the State Public Charter School Authority and incorporated into the charter contract or a programmatic audit conducted pursuant to state law which is aligned to the current performance framework adopted by the State Public Charter School Authority;

(b) A summary of the organizational performance of the charter school, which includes a description of any notices of concern or notices of breach issued to the charter school for organizational performance pursuant to either the performance framework adopted by the State Public Charter School Authority and incorporated into the charter contract or a programmatic audit conducted pursuant to state law which is aligned to the current performance framework adopted by the State Public Charter School Authority;

(c) A summary of the financial performance of the charter school, which includes a description of any notices of concern or notices of breach issued to the charter school for financial performance pursuant to either the performance framework adopted by the State Public Charter School Authority and incorporated into the charter contract or a programmatic audit conducted pursuant to state law which is aligned to the current performance framework adopted by the State Public Charter School Authority; and

(d) A summary of the anticipated enrollment of the charter school for the term of the renewed charter contract.

2. The governing body of a charter school that has received:

(a) Within the immediately preceding 3 consecutive school years, the highest rating of performance pursuant to the statewide system of accountability for public schools; and

(b) No notices of concern or notices of breach for academic, organizational or financial performance pursuant to either the performance framework adopted by the State Public Charter School Authority and incorporated into the charter contract of the charter school or a programmatic audit conducted pursuant to state law which is aligned to the current performance framework adopted by the State Public Charter School Authority,

Ê may request a waiver from the requirements of subsection 1 for the purpose of expedited renewal which may be granted by the State Public Charter School Authority for good cause shown.

3. In addition to the material required to be submitted pursuant to subsection 1, the governing body of a charter school:

(a) Shall submit any additional material or information requested by the Executive Director; and

(b) May, with the approval of the Executive Director, submit external evaluations of academic data. The data included in an external evaluation must be independently audited and verified by the person performing the evaluation. The governing body shall ensure that the external evaluation and the data included in the evaluation are provided directly to the State Public Charter School Authority. If the State Public Charter School Authority cannot validate the data or replicate the calculations used to generate the external evaluation, the State Public Charter School Authority will direct the school to enter into a contract for a separate independent evaluation of the data and calculations by a vendor selected by the Executive Director.

4. An application for renewal of a charter contract must not contain a material change from the existing charter contract. A governing body which wishes to both renew a charter contract and materially change the terms of the charter contract must first apply for renewal pursuant to this section and subsequently request to amend the charter contract pursuant to NAC 388A.400.

5. The Executive Director shall notify the governing body of a charter school upon receipt of an application to renew a charter contract and may, in his or her discretion, arrange for a site visit of the charter school to be conducted to obtain information relevant to the application for renewal of the charter contract. If a site visit is conducted pursuant to this subsection, the Executive Director or his or her designee shall prepare a report of the site visit.

6. The Executive Director shall review each application for renewal of a charter contract using the performance framework adopted by the State Public Charter School Authority and incorporated into the charter contract and prepare and submit to the State Public Charter School Authority a recommendation regarding the application. When making a recommendation pursuant to this subsection, the Executive Director shall consider the evidence and data gathered relating to the past performance of the charter school, including, without limitation:

(a) The information contained in the application for renewal;

(b) Any information relating to the site visit and site visit report;

(c) The annual reporting results of the charter school, including, without limitation, those relating to the academic achievement of pupils; and

(d) Any other information that the Executive Director determines is relevant to whether the charter contract should be renewed, including, without limitation, information relating to whether renewal of the charter contract should be denied to protect the interests of pupils, families and the public because of a criminal violation, fraud, the existence of an unsafe environment, organizational instability or other serious or egregious violations of law or the charter contract of the charter school.

7. If the Executive Director determines that he or she will recommend that the charter contract of a charter school should not be renewed, he or she shall give notice of his or her recommendation to the governing body of the charter school and the State Public Charter School Authority. The governing body of the charter school may request that the State Public Charter School Authority postpone consideration of its application for renewal of the charter contract to allow the governing body to prepare a response to the recommendation of the Executive Director. The governing body of the charter school may, within 7 calendar days after receipt of the Executive Director’s notice, submit a written response to the State Public Charter School Authority, which may include supporting affidavits, exhibits, any other documentary evidence and a written legal argument.

8. The State Public Charter School Authority will publish each application for renewal of a charter contract received by the State Public Charter School Authority pursuant to this section, each written response received pursuant to subsection 7 and each written response and request for reconsideration received pursuant to subsection 14 on the Internet website maintained by the State Public Charter School Authority. The versions of the documents published pursuant to this subsection must comply with NAC 388A.420.

9. When determining whether to grant an application for renewal of a charter contract, the State Public Charter School Authority will consider the totality of the evidence presented to the State Public Charter School Authority, including, without limitation:

(a) The information contained in the application for renewal;

(b) Any information relating to the site visit and site visit report;

(d) Any information in the written response of the governing body of the charter school to the recommendation of the Executive Director, if any, which the State Public Charter School Authority determines is relevant; and

(e) Any other information that the State Public Charter School Authority determines is relevant to whether the charter contract should be renewed, including, without limitation, information relating to whether renewal of the charter contract should be denied to protect the interests of pupils, families and the public because of a criminal violation, fraud, the existence of an unsafe environment, organizational instability or other serious or egregious violations of law or the charter contract of the charter school.

10. The State Public Charter School Authority, when considering an application for renewal of a charter contract pursuant to this section:

(a) May accept or reject, in whole or in part, the recommendation of the Executive Director;

(b) Will not give any one factor more weight than the academic performance of pupils; and

(c) Will, on each subsequent application for renewal, give the academic performance of pupils a greater weight than that assigned to it on the first renewal.

11. The State Public Charter School Authority may, unless required to terminate a charter contract or restart a charter school under a new charter contract pursuant to NRS 388A.300, in its sole discretion:

(a) Renew a charter contract for a term of 6 years;

(b) Renew a charter contract for a term of 6 years with a provision for a high stakes review under terms prescribed by the State Public Charter School Authority which may result in the termination of the charter contract before its expiration;

(c) Renew a charter contract for a term of 6 years with any additional provisions, requirements or restrictions which the State Public Charter School Authority determines are appropriate, including, without limitation, the termination of a management agreement or the renegotiation of a management agreement on terms satisfactory to the State Public Charter School Authority or the Executive Director;

(d) Deny the renewal of a charter contract for the purpose of reconstituting the governing body of the charter school pursuant to NRS 388A.330 and assigning the charter contract to a charter management organization or a new governing body which may include, without limitation, the governing body of another charter school or a governing body assembled by the Executive Director;

(e) Deny the renewal of a charter contract for the purpose of restarting the charter school and issuing a new charter contract pursuant to NRS 388A.300 to a charter management organization or a new governing body, including, without limitation, the governing body of another charter school, which will inherit any assets of the charter school which remain following dissolution; or

(f) Deny the renewal of a charter contract for the purpose of closing the charter school.

12. Each charter contract renewed pursuant to this section shall contain the performance benchmarks set forth in the performance framework adopted by the State Public Charter School Authority as part of the oversight plan for the charter school.

13. The Executive Director may request the State Public Charter School Authority to reclassify a denial pursuant to paragraph (d), (e) or (f) of subsection 11 to a denial pursuant to a different paragraph of that subsection. The State Public Charter School Authority may reclassify such a denial if it determines that a different outcome is more practical or more beneficial to the interests of this State and the public, including, without limitation, pupils enrolled at the charter school.

14. If the Executive Director recommends that the State Public Charter School Authority grant an application for renewal of a charter contract but the State Public Charter School Authority decides to deny the application, the State Public Charter School Authority must provide written notification to the governing body of the charter school of the decision of the State Public Charter School Authority and the reasons therefor and of the right of the governing body to request reconsideration. The governing body of the charter school may request reconsideration by, within 5 days after receipt of the written notification from the State Public Charter School Authority, notifying the Executive Director in writing that the governing body intends to request reconsideration and, within 30 days after receipt of the written notification from the State Public Charter School Authority, submitting a written response and request for reconsideration, which may include supporting affidavits, exhibits, any other documentary evidence and a written legal argument, to the Executive Director for transmission to the State Public Charter School Authority. If no previous request for reconsideration has been made on an application for renewal of a charter contract, upon receipt of a written response and request for reconsideration, the State Public Charter School Authority may reconsider the application for renewal.

15. The decision of the State Public Charter School Authority on whether to grant an application for renewal, unless reconsidered pursuant to subsection 14, is a final decision. The decision of the State Public Charter School Authority on reconsideration of an application for renewal pursuant to subsection 14 is a final decision.

16. If the State Public Charter School Authority approves an application for renewal of a charter contract pursuant to this section, the governing body of the charter school must execute a charter contract within 45 days after approval of its application for renewal. The State Public Charter School Authority may revoke approval of an application for renewal of a charter contract if the governing body of the charter school fails to comply with this subsection.

(Added to NAC by St. Pub. Charter School Auth. by R089-16, eff. 12-21-2016)

NAC 388A.420 Submission of version of application for renewal of charter contract; written response or request for reconsideration with certain information redacted. (NRS 388A.168)

1. In addition to the application for renewal of a charter contract, written response or request for reconsideration submitted pursuant to NAC 388A.415, the governing body of the charter school shall submit a version of the application for renewal, written response or request for reconsideration which excludes or redacts from the application for renewal, written response or request for reconsideration and any related material to be shared with the public:

(a) Proprietary material.

(b) Copyrighted material.

(c) Any documents which may violate the Family Educational Rights and Privacy Act of 1974, 20 U.S.C. § 1232g, by identifying pupils enrolled at the charter school, including, without limitation, sign-in lists from public meetings relating to the charter school, photographs of current or potential pupils and letters of support from current or potential parents or pupils of the charter school.

(d) Any other information or documentation which may not be released to the public in accordance with state or federal laws or regulations.

2. The Executive Director may reject and require resubmission of an application for renewal, written response or request for reconsideration submitted pursuant to subsection 1 if the Executive Director determines that publishing the application, written response or request on the Internet website maintained by the State Public Charter School Authority would violate any state or federal laws or regulations applicable to the State Public Charter School Authority, including, without limitation, 29 U.S.C. § 794d.

(Added to NAC by St. Pub. Charter School Auth. by R089-16, eff. 12-21-2016)

OPERATION, PERSONNEL AND FINANCES

NAC 388A.500 Location of facilities. (NRS 388A.110)

1. Except as otherwise provided in subsection 2, a charter school that is sponsored by the board of trustees of a school district may provide instruction only in facilities located within the county in which that school district is located.

2. A charter school that:

(a) Is sponsored by the board of trustees of a school district;

(b) Provides a program of distance education pursuant to NRS 388.820 to 388.874, inclusive; and

Ê may provide instruction only in facilities located within the county in which that school district is located.

3. Except as otherwise provided in subsection 4, a charter school that is sponsored by the State Public Charter School Authority may provide instruction only in facilities located in one county.

4. A charter school that:

(a) Is sponsored by the State Public Charter School Authority; and

(b) Provides a program of distance education pursuant to NRS 388.820 to 388.874, inclusive,

Ê may provide instruction in facilities located in more than one county.

(Added to NAC by Dep’t of Education by R060-02, eff. 12-17-2002; A by R035-14, 12-22-2014) — (Substituted in revision for NAC 386.340)

NAC 388A.505 Compliance with Occupational Safety and Health Act. (NRS 388A.110) Before the last day of the first operational school year, a charter school shall ensure that the facility which the charter school occupies is inspected and approved by the Division of Industrial Relations of the Department of Business and Industry for compliance with the federal Occupational Safety and Health Act of 1970, as amended.

(Added to NAC by Dep’t of Education by R171-05, eff. 2-23-2006; A by R035-14, 12-22-2014) — (Substituted in revision for NAC 386.341)

NAC 388A.510 Health and safety inspection of building or facility required for certain programs of distance education. (NRS 388A.110) If a charter school provides a program of distance education pursuant to NRS 388.820 to 388.874, inclusive, and the charter school intends to use a building or other facility to provide tutoring or other services to a pupil enrolled in the program of distance education, the governing body of the charter school must obtain the proper health and safety inspections of the building or facility before any pupil obtains tutoring or other services in the building or facility. As used in this section, “proper health and safety inspections” means all health and safety inspections that are required based on the charter school’s intended use of the building or facility.

(Added to NAC by Dep’t of Education by R035-14, eff. 12-22-2014) — (Substituted in revision for NAC 386.3415)

NAC 388A.515 Equipment and supplies: Removal from premises; disposition upon closure. (NRS 388A.110)

1. If a charter school uses money received from the sponsor of the charter school, this State or the Federal Government to purchase equipment or supplies, the equipment and supplies:

(a) Must remain on the premises of the charter school, unless the charter school is directed otherwise by the sponsor of the charter school, the State or the Federal Government, as applicable; and

(b) May be removed from the premises of the charter school only by the sponsor of the charter school, the State or the Federal Government, as applicable.

2. Equipment and supplies obtained by a charter school from sources other than the sponsor of the charter school, the State or the Federal Government may be removed from the premises of the charter school, subject to any applicable conditions, terms and limitations imposed upon a grant or donation used to purchase the equipment and supplies, if applicable.

3. If a charter school uses money received from this State to purchase property or equipment and the charter school subsequently closes or its operation is otherwise terminated, the governing body of the charter school shall ensure that the property and equipment are transferred to the sponsor of the charter school for appropriate accounting and disposition.

(Added to NAC by Dep’t of Education by R057-04, eff. 8-25-2004; A by R035-14, 12-22-2014) — (Substituted in revision for NAC 386.342)

NAC 388A.517 Personnel: Conviction of crimes and offenses involving moral turpitude for purposes of background investigation and termination of employment. (NRS 385.200, 388A.110, 388A.515, 388A.5342)

1. For the purposes of NRS 388A.515 and 388A.5342, the Superintendent of Public Instruction will consider a person to have been convicted of a crime involving moral turpitude or an offense involving moral turpitude, as applicable, if the person has been convicted of:

(a) An offense of a sexual nature in violation of NRS 200.364 to 200.373, inclusive, 200.378, 200.700 to 200.790, inclusive, 201.160 to 201.190, inclusive, 201.210, 201.220, 201.230, 201.235 to 201.254, inclusive, 201.256 to 201.2655, inclusive, 201.295 to 201.450, inclusive, or 201.470 to 201.560, inclusive.

(b) An offense involving involuntary servitude or trafficking in persons in violation of NRS 200.463 to 200.469, inclusive.

(c) An offense of a violent nature in violation of NRS 200.010 to 200.300, inclusive, 200.380 to 200.450, inclusive, or 200.471 to 200.490, inclusive, but not including a first violation of NRS 200.481 or 200.485 if that violation is punishable as a misdemeanor.

(d) Unlawful possession or use of a firearm, explosive or other weapon in violation of NRS 202.255 to 202.440, inclusive, or 202.750 to 202.840, inclusive.

(e) Terrorism in violation of NRS 202.441 to 202.449, inclusive.

(f) Abuse, neglect or endangerment of a child or abuse, neglect, exploitation, isolation or abandonment of an older person or vulnerable person in violation of NRS 200.508 to 200.5085, inclusive, 200.5099, 200.50995 or 201.110.

(g) Arson in violation of NRS 205.010 to 205.055, inclusive.

(h) Burglary or receipt of stolen property in violation of NRS 205.060 to 205.080, inclusive, 205.273, 205.2745 or 205.275.

(i) Kidnapping or false imprisonment in violation of NRS 200.310 to 200.359, inclusive, or 200.460.

(j) Aiding another person in the commission of an offense punishable as a felony or gross misdemeanor or rescuing a prisoner from lawful custody in violation of NRS 195.030 or 199.100.

(k) Identity theft in violation of NRS 205.461 to 205.4651, inclusive.

(l) An offense committed under color of authority in violation of NRS 197.200.

(m) Bribery, extortion or coercion in violation of NRS 197.010 to 197.110, inclusive, 201.570, 205.320, 205.322 or 207.190.

(n) Manufacturing, cultivation or distribution of a controlled substance in violation of NRS 453.316 to 453.348, inclusive.

(o) Cruelty to animals in violation of NRS 574.100 to 574.120, inclusive.

(p) Attempt, conspiracy or solicitation to commit any offense listed in paragraphs (a) to (o), inclusive.

(q) Any offense that is substantially similar to an offense listed in paragraphs (a) to (o), inclusive, whether committed in this State or another jurisdiction.

(r) If the person was convicted within the immediately preceding 10 years:

(1) Possession of a controlled substance in violation of NRS 453.336 but excluding any conviction for possession of an amount of marijuana deemed to be for personal use in the jurisdiction where the conviction occurred.

(2) Contributing to the delinquency of a minor in violation of NRS 201.110.

(3) Fraud in violation of NRS 205.2747, 205.330 to 205.460, inclusive, 205.46513 to 205.4657, inclusive, 205.506, 205.520 to 205.810, inclusive, 205.880, 205.900, 205.920, 205.940, 205.950 or 205.960.

(4) Embezzlement in violation of NRS 205.300 to 205.312, inclusive.

(5) Forgery or counterfeiting in violation of NRS 205.085 to 205.217, inclusive, 205.2705, 205.481, 205.492 or 205.965.

(6) Grand larceny in violation of NRS 205.220 to 205.230, inclusive.

(7) Theft or facilitating theft in violation of NRS 205.0821 to 205.0835, inclusive, 205.267, 205.270, 205.2707, 205.2715, 205.860, 205.910, 205.930 or 205.970.

(8) Driving under the influence of alcohol or a prohibited substance in violation of NRS 484C.110, 484C.120, 484C.130 or 488.400 to 488.520, inclusive, if the offense is a second or subsequent offense or is punishable as a felony.

(9) Petit larceny in violation of NRS 205.240, if the offense is a second or subsequent offense.

(10) Attempt, conspiracy or solicitation to commit any offense listed in subparagraphs (1) to (9), inclusive.

(11) Any offense that is substantially similar to an offense listed in subparagraphs (1) to (9), inclusive, whether committed in this State or another jurisdiction.

2. A conviction of a crime punishable as a felony in this State that is not listed in subsection 1:

(a) Will not be considered a conviction of a crime involving moral turpitude or offense involving moral turpitude; and

(b) May be deemed by the Superintendent to be related to a position with the charter school for which an applicant has applied, an employee is employed or a volunteer wishes to serve pursuant to NRS 388A.515.

(Added to NAC by Sup’t. of Public Instruction by R136-15, eff. 12-19-2017)

NAC 388A.518 Personnel: Circumstances under which volunteer deemed to have regular contact with pupils for purposes of background investigation; exceptions. (NRS 385.080, 388A.515)

1. For purposes of NRS 388A.515:

(a) A volunteer at a charter school, including, without limitation, a parent or guardian of a pupil, student teacher, unpaid coach, adviser, tutor or mentor, shall be deemed to have regular contact with pupils if the volunteer interacts with pupils at the same charter school:

(1) At least four times in 1 month; or

(2) At least once each week for 4 or more consecutive weeks.

(b) A student who is enrolled at an institution of higher education shall not be deemed to be a volunteer if the student 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.

2. The governing body of a charter school is not required to forward fingerprints submitted by a volunteer pursuant to NRS 388A.515 to the Central Repository for Nevada Records of Criminal History if the volunteer submits sufficient evidence to the governing body 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 or nonprofit entity conducted an investigation into the criminal background of the volunteer that included the submission of fingerprints to the Federal Bureau of Investigation for the purpose of interacting with pupils at school as a volunteer; and

(b) The person was determined eligible to interact with pupils as a volunteer after the investigation.

3. In addition to the exception described in subsection 2, the governing body of a charter school is not required to forward fingerprints submitted by a volunteer pursuant to NRS 388A.515 to the Central Repository for Nevada Records of Criminal History if the volunteer submits sufficient evidence or the governing body otherwise determines that:

(a) The volunteer is employed by a federal, state or local governmental entity which conducted an investigation into the criminal background of the volunteer that included the submission of fingerprints to the Federal Bureau of Investigation; and

(b) The employer subsequently 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.

(Added to NAC by Bd. of Education by R016-18, eff. 10-25-2018)

NAC 388A.520 Governing body: Interpretation of “parents” for purpose of membership. (NRS 388A.105, 388A.110, 388A.320) The Department will interpret “parents,” as used in subsection 2 of NRS 388A.320, to mean parents and legal guardians of children enrolled in and attending the charter school for which the governing body is formed.

(Added to NAC by Dep’t of Education by R060-02, eff. 12-17-2002) — (Substituted in revision for NAC 386.343)

NAC 388A.525 Governing body: Restrictions on membership; responsibilities; application for membership; submission of certain information to Department and sponsor; approval of minutes of public meetings. (NRS 388A.105, 388A.110, 388A.320)

1. A majority of the members of the governing body of a charter school must reside in the county in which the charter school is located.

2. The membership of the governing body of a charter school shall not include:

(a) An employee of the governing body or charter school, including, without limitation, an administrator or teacher.

(b) Except as otherwise provided in subsection 3:

(1) A person who is related by blood or marriage to an employee of the governing body or charter school.

(2) A person who is related by blood or marriage to another member of the governing body.

(1) Owns, operates, is employed by or receives compensation from a corporation, business, organization or other entity that enters into a contract with the governing body or charter school; or

(2) Is related by blood or marriage to a person described in subparagraph (1).

Ê Pursuant to the requirements of NRS 332.800, a person described in this paragraph may serve on the governing body if the person has entered into a contract with the governing body to provide goods or services to the charter school without profit or at no cost to the charter school. The governing body shall maintain documentation of the terms of such a contract.

3. The governing body of a charter school may apply to the State Public Charter School Authority for approval to have one or more members of the governing body be related by blood or marriage to:

(a) An employee of the governing body or charter school; or

(b) Another member of the governing body.

Ê The State Public Charter School Authority may grant such approval for good cause shown and may make its approval contingent upon the governing body agreeing to additional oversight or conditions.

4. If a person serves on the governing body of a charter school as a representative of a nonprofit organization or business, not more than one other member of the governing body may also serve as a representative of that organization or business or otherwise represent the interests of that organization or business. In no event may representatives of the same organization or business serving on the governing body constitute a majority of the members of the governing body.

5. The sponsor of a charter school shall prescribe an application for potential members of the governing body of the charter school to submit as part of the process to become a member of the governing body.

6. Not later than 5 business days after the governing body of a charter school is selected, the governing body shall submit to the sponsor of the charter school and the Department:

(a) The name and address of each member;

(b) The resume of each member;

(d) If a member serves on the governing body as a teacher, as that term is defined in subsection 6 of NRS 388A.320, a photocopy of his or her license to teach;

(e) The application of each member; and

(f) An affidavit of each member indicating that the member:

(1) Has not been convicted of a felony or any offense involving moral turpitude; and

(2) Has read and understands material concerning the roles and responsibilities of members of governing bodies of charter schools and other material designed to assist the governing bodies of charter schools, if such material is provided to the member by the sponsor of the charter school,

Ê as required pursuant to NRS 388A.320.

7. For the purposes of chapter 281A of NRS, the members of the governing body of a charter school are public officers.

8. The governing body of a charter school governs the charter school, maintains overall control of the charter school and is responsible for the operation of the charter school, including, without limitation, critically evaluating the performance of a contractor for the charter school and selecting another contractor if the contractor is not performing his or her duties or services in a satisfactory manner.

9. Not later than 30 business days after each public meeting held by the governing body of a charter school pursuant to subsection 5 of NRS 388A.320, the governing body shall submit to the Department and to the sponsor of the charter school a copy of the minutes of the meeting. The minutes of each public meeting must be approved at the next meeting of the governing body and revised as necessary.

10. If the minutes of a meeting have not been approved by the governing body of a charter school when it submits the minutes pursuant to subsection 9, the governing body shall:

(a) Submit a written statement, accompanying the minutes that are submitted pursuant to subsection 9, indicating that the minutes have not been approved and are subject to revision; and

(b) Submit to the Department and the sponsor of the charter school a copy of the approved minutes not later than 10 days after such approval.

11. The governing body of a charter school shall notify the sponsor of any change in the membership of the governing body not later than 5 business days after the change occurs.

12. As used in this section, “public officer” has the meaning ascribed to it in NRS 281A.160.

(Added to NAC by Dep’t of Education by R193-01, eff. 4-1-2002; A by R060-02, 12-17-2002; R045-05, 10-31-2005; R171-05, 2-23-2006; R169-07, 9-18-2008; R170-07, 9-18-2008; R071-10, 10-15-2010; R035-14, 12-22-2014) — (Substituted in revision for NAC 386.345)

NAC 388A.530 Governing body: Miscellaneous duties. (NRS 388A.105, 388A.110) The governing body of a charter school shall ensure that:

1. Pupils who earn academic credit at the school can readily transfer that credit to a comparable school without penalty.

2. The educational services provided by the school to pupils with a disability comply with the requirements set forth in chapter 388 of NRS and NAC 388.150 to 388.450, inclusive.

3. The Department and the sponsor of the charter school receive, within 30 days after the first day of school, a list of the names and qualifications of all persons who are or will be employed by the charter school.

4. Copies of the policies of the charter school concerning the attendance of pupils are:

(a) Distributed to each new pupil at the beginning of the school year and to each new pupil who enters school during the school year; and

(b) Available for public inspection at the school during the school’s business hours.

5. If the charter school intends to offer automobile driver education classes, the governing body procures insurance as required pursuant to subsection 4 of NRS 389.090.

6. Pupils enrolled in the charter school receive the following minimum numbers of minutes of instruction per day, including recess but excluding lunch:

(a) For pupils enrolled in kindergarten, 120 minutes.

(b) For pupils enrolled in grades 1 and 2, 240 minutes.

(d) For pupils enrolled in grades 7 to 12, inclusive, 330 minutes.

7. If the governing body requests that a pupil be transferred pursuant to subsection 8 of NRS 388A.453, the governing body submits the request to the school district in which the pupil resides:

(a) Within 10 days after the governing body determines that the charter school is unable to provide an appropriate special education program and related services for the pupil; and

(b) Accompanied by an explanation of the facts and circumstances which led the governing body to determine that the charter school is unable to provide the appropriate special education program and related services for the pupil.

8. A person employed by the governing body is designated to verify to the school district in which the charter school is located that the information submitted to the school district pursuant to NRS 388A.348 has been gathered in a format required by the school district.

9. The notification required pursuant to paragraph (m) of subsection 1 of NRS 388A.366 indicating whether the charter school is accredited by the Northwest Accreditation Commission is provided to parents and legal guardians of pupils enrolled in grades 9 to 12, inclusive, not later than 10 days after the first day of school of each school year.

(Added to NAC by Dep’t of Education by R196-97, eff. 3-13-98; A by R163-99, 2-2-2000; R024-01, 11-1-2001; R193-01, 4-1-2002; R011-03, 10-30-2003; R035-14, 12-22-2014) — (Substituted in revision for NAC 386.350)

NAC 388A.532 Charter school required to provide certain notice to parents and guardians of potential and enrolled pupils. (NRS 388A.110, 388A.366) Each charter school shall notify the parents or guardians of all potential and enrolled pupils of:

1. The rights of pupils with diverse learning needs, including, without limitation, pupils with disabilities, pupils who are enrolled in a program of special education, pupils who are English language learners, pupils who are academically behind their peers and gifted pupils to attend the charter school and receive accommodations and support services, which must include, without limitation, compliance by the charter school with the provisions of subsection 1 of NRS 388A.366; and

2. The performance rating of the charter school pursuant to the statewide system of accountability for public schools, any findings issued by the sponsor relating to the performance audit of or performance framework for the charter school and any performance data required by the sponsor of the charter school, including, without limitation, its cohort graduation rate, if applicable.

(Added to NAC by Dep’t of Education by R131-16, eff. 12-19-2017)

NAC 388A.533 Sponsor authorized to require governing body to develop and submit plan concerning demographic composition of pupil population at charter school. (NRS 388A.110) The sponsor of a charter school may require the governing body of the charter school to develop and submit a plan to the sponsor which includes specific strategies the charter school will use to recruit and enroll a pupil population that is comparable to the demographic composition of the pupil population who attend public schools within the same zone of attendance as the charter school.

(Added to NAC by Dep’t of Education by R131-16, eff. 12-19-2017)

NAC 388A.535 Restrictions on limitation of enrollment of pupils; establishment of waiting list and lottery system for enrollment; application to limit enrollment or for waiver to enroll from waiting list. (NRS 388A.110, 388A.453, 388A.456)

1. The governing body of a charter school shall not limit the enrollment of pupils in the charter school to a specified number of pupils unless:

(a) The charter contract identifies a limit on the total number of pupils the charter school will enroll, identifies a limit on the number of pupils the charter school will enroll in a particular grade or identifies a ratio of pupils to teachers for the charter school;

(b) The charter school limits the enrollment of pupils to a number that corresponds with the maximum capacity of persons allowed to occupy the facility of the charter school as determined by the building, fire or health authority which inspected the facility; or

(c) The charter school has obtained written permission from the Superintendent of Public Instruction pursuant to subsection 5 to set a limit on the enrollment of pupils.

2. If more pupils who are eligible for enrollment apply for enrollment in a charter school than the number of spaces available, the governing body of the charter school shall establish a waiting list for enrollment in the charter school and place the pupils who were not enrolled in the charter school on the waiting list. The governing body of the charter school shall make available for inspection during the business hours of the charter school a list of the names of pupils on the waiting list.

3. Except as otherwise provided in subsections 5 and 6, if a space for a new pupil becomes available for enrollment, the governing body of the charter school shall immediately fill the available space using the lottery system described in its charter contract to determine to which pupil on the waiting list established pursuant to subsection 2 the governing body will offer the available space for enrollment in the charter school. The governing body of the charter school shall provide notice to the pupil selected pursuant to this subsection of the availability of a space for enrollment in the charter school.

4. Except as otherwise provided in subsection 5, a charter school must enroll the pupil notified by the governing body of the charter school pursuant to subsection 3 if that pupil seeks enrollment in the charter school. If the pupil notified by the governing body of the charter school does not wish to enroll in the charter school, the governing body shall, using the lottery system to select another pupil on the waiting list, provide notice of the available space for enrollment to another pupil until the available space is filled.

5. Not later than the first day of the school year, a charter school may submit an application, on a form prescribed by the Superintendent of Public Instruction, to the Superintendent of Public Instruction for:

(a) Written permission to limit the enrollment of pupils in the charter school pursuant to subsection 1; or

(b) A waiver from the requirement to enroll a pupil from the waiting list pursuant to subsection 4.

6. The Superintendent of Public Instruction may approve an application submitted pursuant to subsection 5 if the governing body of the charter school:

(a) Has entered into an agreement with a provider of software for a program of education used in the charter school; and

(b) Submits documentation which demonstrates that the enrollment of additional pupils in the charter school will be an undue financial burden on the charter school.

7. If the Superintendent of Public Instruction denies an application submitted pursuant to subsection 5, the governing body of the charter school may appeal the decision to the State Board.

8. A charter school that limits the enrollment of pupils pursuant to:

(a) Paragraph (a) of subsection 1 must submit a request to the sponsor of the charter school to amend the charter contract before enrolling pupils in excess of the approved limit.

(b) Paragraph (b) of subsection 1 must obtain permission from the appropriate building, fire or health authority before enrolling pupils in excess of the maximum capacity allowed to occupy the facility.

(Added to NAC by Dep’t of Education by R071-10, eff. 10-15-2010; A by R035-14, 12-22-2014; R035-14, 12-22-2014; R131-16, 12-19-2017) — (Substituted in revision for NAC 386.353)

NAC 388A.536 Restrictions on use of weighted lottery for admission; adoption and use of weighted lottery not to be construed as discrimination. (NRS 388A.110, 388A.459)

1. A charter school may develop and use a policy for a weighted lottery for admission that gives preference to one or more categories of pupils over others if the weighting is:

(a) Necessary to comply with Title VI of the Civil Rights Act of 1964, 42 U.S.C. §§ 2000d et seq.; Title IX of the Education Amendments of 1972, 20 U.S.C. §§ 1681 et seq.; section 504 of the Rehabilitation Act of 1973, 29 U.S.C. § 794; the Equal Protection Clause of the United States Constitution or any applicable federal or state law or to address the specific deficiency and category of pupils outlined in a court order issued to the charter school or its sponsor; or

(b) In favor of one of the following subgroups of educationally disadvantaged pupils:

(1) Pupils who are economically disadvantaged;

(2) Pupils with disabilities;

(3) Migrant pupils;

(4) Pupils with limited English proficiency;

(5) Pupils who are neglected or delinquent;

(6) Pupils who are homeless; and

(7) Pupils whose most recent enrollment was in a public school which received an annual rating established as one of the two lowest ratings possible indicating underperformance at the elementary, middle or high school level pursuant to the statewide system of accountability for public schools.

2. A policy for a weighted lottery for admission developed pursuant to paragraph (b) of subsection 1 must identify the weight to be assigned to each category of pupils and justify the use of weights to:

(a) Align to the specific vision and mission of the charter school to meet the needs of a category of pupils described in paragraph (b) of subsection 1; or

(b) Address specific targets to meet or exceed the percentage of pupils in a category of pupils described in paragraph (b) of subsection 1 for the school district or geographic area in which the charter school is located or, if the charter school accepts pupils from multiple school districts, for this State as a whole.

3. A charter school shall not use a weighted lottery for the purpose of creating a charter school exclusively to serve a particular subset of pupils. A charter school that uses a weighted lottery shall continue to implement a broad strategy of outreach, recruitment and retention for all pupils, including, without limitation, educationally disadvantaged pupils as described in paragraph (b) of subsection 1.

4. The adoption and use of a weighted lottery which is consistent with federal and state laws and regulations and any federal guidelines relating to charter schools shall not be construed as discrimination in violation of NRS 388A.453 or any other law or regulation relating to charter schools.

(Added to NAC by Dep’t of Education by R131-16, eff. 12-19-2017)

NAC 388A.537 Limitation on enrollment of pupils if in best interest of enrolled pupils; sponsor authorized to prohibit charter school from enrolling additional pupils under certain circumstances. (NRS 388A.110, 388A.453)

1. A charter school may, regardless of whether the charter school offers a program of distance education, request that the sponsor of the charter school limit enrollment in the charter school to pupils who reside in the county in which the charter school is located, or to such a county and any adjacent county, if the charter school determines that such a limitation would be in the best interest of the pupils who are enrolled in the charter school.

2. If the sponsor of a charter school determines that restricting the counties from which pupils may be enrolled would be in the best interest of the pupils who are enrolled in a charter school which executes or amends a charter contract on or after January 1, 2017, the sponsor may prohibit the charter school from enrolling pupils from one or more counties.

3. If the sponsor of a charter school determines that the charter school should have its charter contract terminated or its governing body reconstituted, the sponsor of the charter school may prohibit the charter school from enrolling additional pupils from any county other than the county from which the charter school enrolls the largest number of pupils.

(Added to NAC by Dep’t of Education by R131-16, eff. 12-19-2017; A by R131-16, 1-1-2020)

NAC 388A.538 Charter school prohibited from taking certain actions relating to pupil enrollment; submission and approval of marketing materials and application for admission. (NRS 388A.110)

1. A charter school shall not:

(a) Administer a test to a prospective pupil or base an enrollment decision on the results from any test of the ability or achievement of a prospective pupil;

(b) Use financial incentives to recruit pupils;

(c) Design, use or intend to use requirements for enrollment in the charter school, including, without limitation, the payment of fees, expectations for the performance of volunteer work or attendance at informational meetings and interviews, for the purpose of discrimination;

(d) Require a prospective pupil or his or her family to attend an interview or informational meeting as a condition of applying for, enrolling in or attending the charter school;

(e) Except as necessary for a charter school formed pursuant to subsection 8 of NRS 388A.453, require a pupil or his or her family to:

(1) Submit records from a previous school or provide a copy of an individualized education plan, transcript, report card or any other item prohibited by the sponsor of the charter school before the pupil has accepted admission to the charter school; or

(2) Complete an affidavit to home school, an application to participate in a program for free or reduced-price meals or any other document prohibited by the sponsor of the charter school as a condition of applying for, enrolling in or attending the charter school;

(f) Require the payment of a fee as a condition of applying for, enrolling in or attending the charter school; or

(g) Adopt a fee policy unless the policy is approved by the sponsor of the charter school and contains a provision for the waiver of all fees for any pupil who qualifies to participate in a program for free or reduced-price meals, regardless of whether the charter school participates in the program for free or reduced-price meals under the National School Lunch Act or School Breakfast Program, as defined in NRS 387.0693 and 387.073, respectively.

2. The sponsor of a charter school may require the charter school to submit all marketing materials and its application for admission, and any subsequent material revisions to such documents, to the sponsor for its approval. Each such document must be offered in any language required by the sponsor based on an analysis of the demographics of other public schools located near the charter school. All documents submitted pursuant to this subsection in an electronic format must comply with all state and federal laws and regulations which apply to charter schools or local educational agencies, including, without limitation, 29 U.S.C. § 794d.

3. A charter school may administer a test to a pupil who is enrolled in the charter school to determine the appropriate academic placement to best fit the needs of the pupil.

(Added to NAC by Dep’t of Education by R131-16, eff. 12-19-2017)

NAC 388A.540 Multi-campus school: Matriculation of pupils to another campus of school; application process for new pupils. (NRS 388A.110)

1. A pupil who attends one campus of a multi-campus school may matriculate to another campus of the multi-campus school. If there are insufficient spaces at a campus for matriculating pupils, the campus may hold an internal lottery for matriculating pupils from another campus of the multi-campus school before holding an external lottery for new pupils.

2. A new pupil must apply to each campus of a multi-campus school through a separate application and lottery process.

(Added to NAC by Dep’t of Education by R131-16, eff. 12-19-2017)

NAC 388A.545 Apportionment from State Distributive School Account: Submission of enrollment information before payment of first apportionment in first year of operation. (NRS 388A.110, 388A.411, 388A.417) Not later than 30 days before the first apportionment is made pursuant to NRS 387.124 to a charter school in its first year of operation, the governing body of the charter school shall submit to the sponsor of the charter school:

1. In a format prescribed by the sponsor, the enrollment form for each pupil enrolled in the charter school, which must include, without limitation:

(a) The full name of the pupil;

(b) The address of the pupil and the county in which the pupil resides;

(d) The date of birth of the pupil;

(e) The unique student identification number of the pupil, if available; and

(f) The grade level in which the pupil is enrolling; and

2. The name and signature of the parent or legal guardian of each pupil enrolled in the charter school.

(Added to NAC by Dep’t of Education by R071-10, eff. 10-15-2010; A by R035-14, 12-22-2014) — (Substituted in revision for NAC 386.357)

NAC 388A.550 Maintenance and forwarding of permanent records of pupils; failure of compliance by licensed teacher who is member of governing body. (NRS 388A.110)

1. The governing body of a charter school shall ensure that a permanent record for each pupil enrolled in the charter school is maintained in a separate file. The permanent record must contain:

(a) The record of attendance of the pupil;

(b) The grades received by the pupil;

(d) Any other records related directly to the academic progress of the pupil.

2. The governing body of a charter school shall ensure that records maintained pursuant to subsection 1 are kept in a location that is safe and secure and affords reasonable protection from:

(a) Fire;

(b) Misuse; and

3. If a charter school closes, the charter school shall, for each pupil enrolled in the charter school, forward the permanent record of the pupil to the office of pupil records of the school district in which the pupil resides.

4. If a pupil graduates or withdraws from a charter school, the charter school shall forward the permanent record of the pupil to the office of pupil records of the school district in which the pupil resides.

5. If a licensed teacher who is a member of the governing body of a charter school fails to comply with subsections 1 and 2, the sponsor of the charter school or the Superintendent of Public Instruction may consider whether such failure to comply constitutes grounds for suspension or revocation of the license of the teacher pursuant to NRS 391.330 and whether appropriate action is warranted in accordance with NRS 391.320 to 391.361, inclusive.

(Added to NAC by Dep’t of Education by R196-97, eff. 3-13-98; A by R193-01, 4-1-2002; R057-04, 8-25-2004) — (Substituted in revision for NAC 386.360)

NAC 388A.555 Reporting of data required for automated system of accountability information for Nevada. (NRS 385A.800, 385A.820, 388A.110) A charter school shall report the data required pursuant to NRS 385A.820 to:

1. The school district in which the charter school is located if the school district is the sponsor of the charter school; or

2. The Department if the State Public Charter School Authority or a college or university within the Nevada System of Higher Education is the sponsor of the charter school,

Ê not later than the first day of instruction of the first year of operation of the charter school.

(Added to NAC by Dep’t of Education by R060-02, eff. 12-17-2002; A by R171-05, 2-23-2006; R169-07, 9-18-2008; A by Bd. of Education by R025-09, 10-27-2009; A by Dep’t of Education by R035-14, 12-22-2014) — (Substituted in revision for NAC 386.365)

NAC 388A.560 Maintenance and reporting of certain data: Use of unique identification number by charter school sponsored by State Public Charter School Authority; separation of data for each campus operated by each such charter school; format. (NRS 388A.229)

1. Each charter school sponsored by the State Public Charter School Authority shall, when maintaining and reporting the data required pursuant to NRS 388A.229, identify itself using the unique identification number assigned by the Department or, if no such number exists, by the State Public Charter School Authority.

2. Each charter school sponsored by the State Public Charter School Authority shall, in addition to the aggregate data for the charter school as a whole that is maintained and reported pursuant to subsection 1, separately maintain and report the data required pursuant to NRS 388A.229 for each campus operated by the charter school. Each campus operated by the charter school must be identified using the unique campus identification number assigned by the Department or, if no such number exists, by the State Public Charter School Authority.

3. The data maintained and reported pursuant to this section must be maintained and reported in a format that allows:

(a) Each campus of the charter school to be evaluated against specific performance goals for academic achievement according to the performance framework adopted by the State Public Charter School Authority pursuant to NRS 388A.273 which applies to the charter school; and

(b) The charter school to be evaluated as a whole based on a weighted average of data concerning pupil achievement and school performance specified by the State Public Charter School Authority pursuant to NRS 388A.229 for each campus of the charter school and for each group of grade levels served by the charter school.

(Added to NAC by St. Pub. Charter School Auth. by R088-16, eff. 12-21-2016)

NAC 388A.565 Maintenance and reporting of certain data: Use of unique identification by charter school sponsored by school district, college or university; each campus of such a charter school required to report certain data to sponsor and on federal and state reports; evaluation of each campus using such data. (NRS 388A.229)

1. Each charter school sponsored by the board of trustees of a school district or a college or university within the Nevada System of Higher Education shall, when maintaining and reporting the data required pursuant to NRS 388A.229, identify itself using the unique identification number assigned by the Department to the charter school and the unique campus identification number assigned by the Department to each campus operated by the charter school.

2. Each campus operated by a charter school sponsored by the board of trustees of a school district or a college or university within the Nevada System of Higher Education shall, using the unique campus identification number assigned by the Department, report its academic performance, attendance and discipline data to the sponsor of the charter school and on all federal and state reports.

3. The Department shall evaluate each campus of a charter school against the performance framework which applies to the charter school and the charter school as a whole based on a weighted average of the academic performance of each campus of the charter school and for each group of grade levels served by the charter school.

(Added to NAC by Bd. of Education by R132-16, eff. 1-27-2017)

NAC 388A.567 Maintenance of records relating to enrollment; submission by charter school of certain information regarding enrollment and admission; assignment of unique identification number to charter school and campus operated by charter school. (NRS 388A.110)

1. Each charter school shall maintain accurate records relating to enrollment, including, without limitation, records of applications for admission, its lottery process and its waiting list, if applicable.

2. The sponsor of a charter school may require the charter school to submit to the sponsor an annual report that contains the total enrollment of the charter school and the projected number of pupils selected for admission to the charter school, indicated by grade level and school district of residence for the subsequent academic year.

3. The sponsor of a charter school may require the charter school to submit to the sponsor a list of pupils who entered a lottery for admission to the charter school but were not selected for admission. The list must include, without limitation, each pupil’s:

(a) Full name;

(b) Address;

(d) Date of birth;

(e) School district of residence;

(f) Grade level; and

(g) Unique identification number, if any.

4. The Department will assign a unique identification number to each charter school and a unique campus identification number to each campus operated by a charter school. Each charter school shall ensure that the records maintained pursuant to subsection 1 include the appropriate unique identification number and unique campus identification number.

(Added to NAC by Dep’t of Education by R131-16, eff. 12-19-2017)

NAC 388A.570 Contracts for services: Required provision; submission of copy of signed contract by governing body to sponsor. (NRS 388A.110, 388A.378)

1. A contract between the governing body of a charter school and an educational management organization, the board of trustees of a school district, the Nevada System of Higher Education or any business, corporation, organization or other entity, whether or not conducted for profit, to provide any service to the charter school must include a provision that requires the contractor to inform each person whom the contractor employs or hires and who provides a direct service to the charter school that:

(a) The person is not employed by the governing body of the charter school; and

(b) The provisions of NRS 388A.530, 388A.533, 388A.535, 388A.538, 388A.541 and 388A.544 do not apply to an employee of the contractor or any person hired by the contractor to perform a service to the charter school, including, without limitation, the provisions governing the status of employees of a charter school and their collective bargaining rights and benefits.

2. If the governing body of a charter school enters into a contract with an educational management organization, the board of trustees of a school district, the Nevada System of Higher Education or any business, corporation, organization or other entity, whether or not conducted for profit, to provide any service to the charter school, the governing body shall, not later than 30 days after the contract is signed by both parties, submit a copy of the signed contract to the sponsor of the charter school.

(Added to NAC by Dep’t of Education by R193-01, eff. 4-1-2002; A by R071-10, 10-15-2010; R035-14, 12-22-2014) — (Substituted in revision for NAC 386.400)

NAC 388A.575 Requirements for entering into, amending, renewing or terminating a contract with an educational management organization. (NRS 388A.110)

1. Before the governing body of a charter school enters into a contract with an educational management organization or amends, renews or terminates any such contract:

(a) The governing body shall hold a public meeting that complies with the provisions of chapter 241 of NRS; and

(b) A majority of the governing body must vote at the public meeting to approve the contract or amendment, renewal or termination thereof.

2. If the governing body of a charter school votes to enter into or terminate a contract with an educational management organization, the governing body must obtain approval from the sponsor of the charter school before the governing body enters into or terminates the contract.

3. If the governing body of a charter school votes to amend or renew a contract with an educational management organization, the governing body must notify the sponsor of the charter school before the governing body amends or renews the contract.

(Added to NAC by Dep’t of Education by R035-14, eff. 12-22-2014) — (Substituted in revision for NAC 386.402)

NAC 388A.580 Contracts with educational management organizations: Initial term; renewal; prohibited provisions; approval of key personnel by governing body; annual performance review by governing body; submission of written report by educational management organization; effect of reference to a particular educational management organization in charter contract. (NRS 388A.110, 388A.518, 388A.521, 388A.524)

1. The governing body of a charter school shall not enter into a contract with an educational management organization for an initial term of more than 2 years. Such a contract:

(a) Must allow the governing body to terminate the contract and must not prohibit the governing body from entering into a contract with another educational management organization.

(b) Must not be contingent upon any other contract.

(c) Must not require the governing body to enter into any other contract with the educational management organization or to renew a contract with the educational management organization.

2. The provisions of subsection 1 do not preclude a charter school from renewing a contract with the educational management organization after the expiration of a contract if the educational management organization has performed in a satisfactory manner.

3. At the expiration of the initial term of the contract entered into pursuant to subsection 1, the governing body of a charter school may enter into a contract with the same educational management organization for a term not to exceed the remaining term of the charter contract.

4. The governing body of a charter school shall approve the appointment, or any change to the appointment, of all key personnel for the charter school who are directly employed and provided by an educational management organization. Such approval must occur at a regularly scheduled public meeting of the governing body. If the administrative head of a charter school is provided by an educational management organization, information regarding that person must be provided to the Department in accordance with NAC 388A.110. For purposes of this subsection, “key personnel” includes administrators who are employed pursuant to subsection 1 of NRS 388A.521 and the person designated to draw all orders for the payment of money belonging to the charter school required by NRS 388A.420.

5. If the governing body of a charter school enters into a contract with an educational management organization, the governing body shall, not later than 60 days after the end of the school year, review the performance of the educational management organization to determine whether the educational management organization is performing in a manner that satisfies the terms and conditions of the charter contract, including, without limitation, the satisfaction of the goals of the charter school. If the educational management organization is not performing in a satisfactory manner, the governing body shall require the educational management organization to prepare, in consultation with the governing body, a plan of corrective action for the educational management organization. The plan must include the steps which will be taken by the educational management organization to ensure that it performs in a manner which satisfies the terms and conditions of the charter contract, including, without limitation, the satisfaction of the goals of the charter school.

6. If the governing body of a charter school enters into a contract with an educational management organization, the governing body shall require the educational management organization to provide a written report to the sponsor and the governing body of the charter school not later than 15 business days after the end of each fiscal year during which the contract was in effect. The written report must be in a format approved by the Superintendent of Public Instruction and include:

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

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

(c) An identification of each contract, transaction and agreement entered into by the educational management organization related 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.

7. If an educational management organization is identified in the charter contract, the inclusion of a reference to that particular educational management organization in the charter contract does not preclude the governing body of the charter school from terminating or not renewing a contract entered into with that educational management organization. If the governing body terminates or does not renew such a contract, the governing body shall amend the charter contract accordingly to remove any errant references to that educational management organization.

(Added to NAC by Dep’t of Education by R193-01, eff. 4-1-2002; A by R170-07, 9-18-2008; R071-10, 10-15-2010; R035-14, 12-22-2014; R035-14, 12-22-2014) — (Substituted in revision for NAC 386.405)

NAC 388A.585 Limitations on provision of teachers and other personnel by educational management organization. (NRS 388A.110, 388A.518)

1. Except as otherwise provided in subsection 2, the governing body of a charter school may not contract with an educational management organization for the provision of more than 30 percent of the teachers or other personnel who are required to be licensed pursuant to NRS 388A.518.

2. The provisions of subsection 1 do not apply to a contract between the governing body of a charter school and an educational management organization for the provision of teachers or other personnel who:

(a) Hold an endorsement pursuant to NAC 391.223, 391.243, 391.277, 391.279, 391.315, 391.340, 391.343, 391.360 to 391.378, inclusive, 391.390 or 391.391; and

(b) Work at the charter school in the field in which they hold the endorsement.

(Added to NAC by Dep’t of Education by R060-02, eff. 12-17-2002) — (Substituted in revision for NAC 386.407)

NAC 388A.590 Calculation of ratio for employment of licensed teachers; exception for vocational charter school. (NRS 388A.110, 388A.518)

1. Except as otherwise provided in subsection 2, to comply with subsection 1 of NRS 388A.518, the total number of licensed teachers employed by a charter school to provide instruction must be equal to or more than the product of 70 percent multiplied by the total number of persons employed full-time and part-time by the charter school to provide instruction.

2. The provisions of this section do not apply to a charter school that is a vocational school as described in NAC 388A.600.

(Added to NAC by Dep’t of Education by R060-02, eff. 12-17-2002; A by R202-03, 3-19-2004) — (Substituted in revision for NAC 386.409)

NAC 388A.595 Performance audits: Report of compliance. (NRS 385.080, 388A.110, 388A.405)

1. The sponsor of a charter school shall submit to the Department a performance audit that reports the compliance of the charter school with the charter contract and with the applicable statutes and regulations. The report of compliance must be submitted annually unless the charter school satisfies the requirements set forth in NRS 388A.405 to submit to the performance audit every 3 years.

2. If the board of trustees of a school district or a college or university within the Nevada System of Higher Education is the sponsor of a charter school, the results of the performance audit must be included in the report that is required pursuant to NRS 388A.351.

(Added to NAC by Dep’t of Education by R193-01, eff. 4-1-2002; A by R060-02, 12-17-2002; R011-03, 10-30-2003; R058-04, 8-25-2004; R044-05, 10-31-2005; R171-05, 2-23-2006; R171-05, 2-23-2006, eff. 7-1-2006; A by Bd. of Education by R135-07, 4-17-2008; A by Dep’t of Education by R169-07, 9-18-2008; A by Bd. of Education by R026-09, 10-27-2009; A by Dep’t of Education by R035-14, 12-22-2014; R035-14, 12-22-2014) — (Substituted in revision for NAC 386.410)

NAC 388A.600 Vocational school: Interpretation of term for certain purposes; requirements for course of study in career and technical education. (NRS 385.080, 385.114, 388.360, 388A.105, 388A.110)

1. For the purposes of subsection 1 of NRS 388A.518, the Department will consider a charter school to be a “vocational school” if the charter school provides:

(a) Instruction in at least grades 9 through 12, inclusive; and

(b) A progression of courses within one or more of the program areas set forth in subsection 1 of NAC 389.803 that prepares a pupil for entry level employment in the applicable program area.

2. A charter school that is a vocational school shall comply with subsection 3 of NAC 389.800, and the courses of study in career and technical education offered by such a school must comply with subsection 1 of that section.

(Added to NAC by Dep’t of Education by R202-03, eff. 3-19-2004; A by Bd. for Career & Tech. Educ. by R172-05, 2-23-2006; A by Bd. of Education by R087-12, 11-1-2012) — (Substituted in revision for NAC 386.415)

ACCOUNT FOR CHARTER SCHOOLS

NAC 388A.650 Definitions. (NRS 385.080, 388A.438) As used in NAC 388A.650 to 388A.680, inclusive, unless the context otherwise requires, the words and terms defined in NAC 388A.655 and 388A.660 have the meanings ascribed to them in those sections.

(Added to NAC by Bd. of Education by R206-01, eff. 4-1-2002) — (Substituted in revision for NAC 386.420)

NAC 388A.655 “Account” defined. (NRS 385.080, 388A.438) “Account” means the Account for Charter Schools created pursuant to NRS 388A.432.

(Added to NAC by Bd. of Education by R206-01, eff. 4-1-2002) — (Substituted in revision for NAC 386.425)

NAC 388A.660 “Operational charter school” defined. (NRS 385.080, 388A.438) “Operational charter school” means a charter school in which pupils are enrolled who are receiving instruction from the charter school.

(Added to NAC by Bd. of Education by R206-01, eff. 4-1-2002) — (Substituted in revision for NAC 386.430)

NAC 388A.665 Application for loan from Account; annual determination of balance of money in Account. (NRS 385.080, 388A.438)

1. Except as otherwise provided in this subsection, an application for a loan from the Account must be submitted by the governing body of a charter school to the State Public Charter School Authority on or after January 1 and on or before March 15 or on or after July 1 and on or before October 15 of the calendar year in which the loan will be made. The State Public Charter School Authority may, upon request of the governing body of a charter school and for good cause shown, accept an application for a loan from the Account at any time. The State Public Charter School Authority shall not accept an application for a loan from the Account unless the State Public Charter School Authority has determined pursuant to subsection 2 that the balance of money in the Account is $5,000 or more. An application must include:

(a) The name of the charter school.

(b) The name, address and telephone number of the person whom the State Public Charter School Authority may contact regarding the application.

(d) A description of:

(1) The financial needs of the charter school;

(2) The business plan for the charter school;

(3) The effect that receipt of the loan will have on the operation of the charter school; and

(4) The effect, if any, that receipt of the loan will have on the ability of the governing body or the charter school to obtain other financial assistance from public and private sources.

(e) A list of the anticipated expenses for which the money obtained from the loan will be used.

(f) A budget for the charter school for the fiscal year in which the loan is received and for each fiscal year of the proposed period for repayment of the loan. The budget must:

(1) Include an identification of all sources of revenue and expenses;

(2) Include the cost for repayment of the loan; and

(3) Be accompanied by a written narrative explaining each of the assumptions made in developing the budget.

(g) If the charter school is an operational charter school:

(1) A statement of the financial history of the applicant; and

(2) Three credit references for the applicant.

(h) If a member of the governing body has or had an association or affiliation with another charter school in this State or another state, a statement of the financial history of the charter school with which the member has or had such an association or affiliation. The provisions of this paragraph apply regardless of whether the member has terminated the association or affiliation.

(i) A statement of the monthly cash flow for the operation of the charter school, including, without limitation, an identification of the amount and timing of receipt of revenue relating to the amount and timing of expenditures.

(j) A resolution of the governing body authorizing submission of the application.

(k) If the charter school is sponsored pursuant to subsection 5 or 7 of NRS 388A.270, a letter of endorsement from the sponsor of the charter school.

(l) Any other information the Executive Director of the State Public Charter School Authority determines is necessary.

2. On or before January 1 and July 1 of each year, the State Public Charter School Authority shall determine the balance of money in the Account. If the State Public Charter School Authority determines that the balance of money in the Account is $5,000 or more, the State Public Charter School Authority shall provide notice of that fact and the availability of loans from the Account to each charter school that has a charter contract executed pursuant to NRS 388A.270.

(Added to NAC by Bd. of Education by R206-01, eff. 4-1-2002; A by Dep’t of Education by R035-14, 12-22-2014; A by Bd. of Education by R036-14, 12-22-2014; A by Dep’t of Education by R035-14, 12-22-2014; A by Bd. of Education by R036-14, 12-22-2014; A by St. Pub. Charter School Auth. by R087-16, 12-21-2016) — (Substituted in revision for NAC 386.435)

NAC 388A.670 Priority for loans; considerations for approval of loans. (NRS 385.080, 388A.438)

1. To the extent that money is available in the Account, the State Public Charter School Authority shall grant priority for loans from the Account to those charter schools with approved loan applications that will use the money obtained from the loan in preparing to commence the first year of operation.

2. In determining whether to approve an application, the State Public Charter School Authority shall consider the:

(a) Reliability of the business plan submitted with the application;

(b) Ability of the charter school to obtain financial assistance from other sources;

(d) Effect of approval of the application on the equitable geographic distribution throughout this State of loans from the Account.

(Added to NAC by Bd. of Education by R206-01, eff. 4-1-2002; A by R036-14, 12-22-2014) — (Substituted in revision for NAC 386.440)

NAC 388A.675 Repayment of loans. (NRS 385.080, 388A.110, 388A.438)

1. The rate of interest for loans made from the Account is the prime rate at the largest bank in Nevada, as ascertained by the Commissioner of Financial Institutions, on January 1 or July 1, as the case may be, immediately preceding the date of the transaction.

2. If a loan is made to a charter school from the Account, the Department shall deduct from the apportionments made to the charter school pursuant to NRS 387.124, an amount of money equal to the annual repayment amount of the loan, including interest. The deductions must be made:

(a) In quarterly amounts corresponding with the quarterly apportionment to the charter school.

(b) In equal amounts during the period of repayment, which must not exceed 3 years, agreed upon by the governing body of the charter school and the State Public Charter School Authority.

3. If a loan is made to an operational charter school, the deductions must be made commencing in the same fiscal year in which the loan is made. If a loan is made to a charter school that is not an operational charter school but which has a charter contract executed, the deductions must be made commencing with the first fiscal year immediately succeeding the fiscal year in which the charter school becomes an operational charter school.

4. If a charter school that receives a loan:

(a) Defaults on repayment of the outstanding balance of the loan; or

(b) Closes or otherwise ceases operation,

Ê the charter school is liable for repayment of the outstanding balance of the loan.

5. As used in this section, “fiscal year” means the 12-month period beginning on the first day of July and ending on the last day of June.

(Added to NAC by Bd. of Education by R206-01, eff. 4-1-2002; A by Dep’t of Education by R044-05, 10-31-2005; R035-14, 12-22-2014; A by Bd. of Education by R036-14, 12-22-2014; A by Dep’t of Education by R035-14, 12-22-2014, eff. 1-1-2020) — (Substituted in revision for NAC 386.445)

NAC 388A.680 Use of gift, grant, bequest or donation. (NRS 388A.438) Notwithstanding the provisions of NAC 388A.650 to 388A.680, inclusive, if a gift, grant, bequest or donation which requires the use of criteria, timelines, interest rates or repayment terms which differ from those established by the State Public Charter School Authority results in the deposit of money from a source other than the State General Fund into the Account, the State Public Charter School Authority shall, to the extent permitted by law, expend the money in accordance with the terms of the gift, grant, bequest or donation.

(Added to NAC by St. Pub. Charter School Auth. by R087-16, eff. 12-21-2016)

CHARTER SCHOOL FINANCING LAW

NAC 388A.700 Definitions. (NRS 388A.640) As used in NAC 388A.700 to 388A.750, inclusive, unless the context otherwise requires, the words and terms defined in NAC 388A.705 and 388A.710 have the meanings ascribed to them in those sections.

(Added to NAC by Dep’t of Business & Industry by R099-13, eff. 6-23-2014) — (Substituted in revision for NAC 386.450)

NAC 388A.705 “Bond financing” defined. (NRS 388A.640) “Bond financing” means the financing of a project through the issuance of bonds pursuant to NRS 388A.550 to 388A.695, inclusive.

(Added to NAC by Dep’t of Business & Industry by R099-13, eff. 6-23-2014) — (Substituted in revision for NAC 386.452)

NAC 388A.710 “Charter school” defined. (NRS 388A.640) “Charter school” means the charter school for whose benefit a project is being financed.

(Added to NAC by Dep’t of Business & Industry by R099-13, eff. 6-23-2014) — (Substituted in revision for NAC 386.454)

NAC 388A.720 Request for bond financing: Application. (NRS 388A.640, 388A.655) A request by an obligor for bond financing pursuant to NRS 388A.650 and 388A.695 must be made by the submission of a written application to the Director of the Department of Business and Industry, on a form prescribed by the Director. In addition to any other information required by NRS 388A.550 to 388A.695, inclusive, the application must include or be accompanied by:

1. The name of the obligor and any other name under which the obligor does business or expects to do business;

2. The business and residential addresses of the obligor, as applicable, including the street name and number of each address;

3. If the obligor is a corporation, association or other entity described in NRS 388A.595, other than a governmental entity, the name and residential address of each director, officer, partner and manager of the obligor, as applicable;

4. Information relating to each bond credit rating received by the obligor within the 12 months immediately preceding the date of the application;

5. A description of the project;

6. The address of the project, including the street name and number of that address;

7. The number of pupils attending the charter school;

8. A statement by the sponsor of the charter school that the charter school is not in default under its current charter contract;

9. If the charter contract of the charter school requires a review of the project by the sponsor of the charter school, documentary evidence that the review has been completed;

10. A statement of all local, state and federal requirements which must be complied with to complete the project and the status of any process of approval applicable to each such requirement;

11. The expected date of maturity and the amount of the bonds; and

12. Any other information which the Director of the Department of Business and Industry determines is necessary in a particular case and which is reasonably related to the obligor’s qualifications for the bond financing.

(Added to NAC by Dep’t of Business & Industry by R099-13, 6-23-2014) — (Substituted in revision for NAC 386.460)

NAC 388A.725 Projects: Compliance with certain statutes and regulations. (NRS 388A.640, 388A.655) To qualify for bond financing, a project must comply with all applicable state and federal statutes and regulations, including, without limitation, statutes and regulations relating to environmental protection and energy efficiency.

(Added to NAC by Dep’t of Business & Industry by R099-13, eff. 6-23-2014) — (Substituted in revision for NAC 386.462)

NAC 388A.730 Financing agreement. (NRS 388A.620, 388A.640) If a request for bond financing is approved by the Director of the Department of Business and Industry:

1. The obligor shall enter into a written financing agreement with the Director of the Department of Business and Industry, contingent upon action by the State Board of Finance pursuant to NRS 388A.650 and 388A.655, setting forth the respective rights and duties of the Director and the obligor.

2. In addition to the provisions required by NRS 388A.585, the financing agreement:

(a) Must set forth any fees of the Department of Business and Industry applicable to the bond financing.

(b) May require the obligor to disclose such records and information and be subject to such audit requirements as the Director of the Department of Business and Industry deems appropriate.

(c) Must require the obligor to pay in advance the estimated costs of processing and implementing the request for bond financing and the financing agreement, in such amounts and at such times as determined by the Director of the Department of Business and Industry.

3. The Director of the Department of Business and Industry will submit his or her findings to the State Board of Finance for approval pursuant to NRS 388A.650 and 388A.655.

(Added to NAC by Dep’t of Business & Industry by R099-13, eff. 6-23-2014) — (Substituted in revision for NAC 386.464)

NAC 388A.735 Bonds: Adoption of resolution setting forth final terms. (NRS 388A.640, 388A.660) If the State Board of Finance approves a request for bond financing, the Director of the Department of Business and Industry may adopt a resolution setting forth the final terms of the bonds.

(Added to NAC by Dep’t of Business & Industry by R099-13, eff. 6-23-2014) — (Substituted in revision for NAC 386.466)

NAC 388A.740 Bonds: Approval of proposed costs of issuance. (NRS 388A.640, 388A.660) The proposed costs of issuing the bonds must be approved by the Director of the Department of Business and Industry before any preliminary official statement or marketing materials are released.

(Added to NAC by Dep’t of Business & Industry by R099-13, eff. 6-23-2014) — (Substituted in revision for NAC 386.468)

NAC 388A.745 Bonds: Generally. (NRS 388A.640, 388A.660)

1. Bonds may be sold in the public bond market or privately placed.

2. While they remain outstanding, any bonds providing for a variable rate of interest must use hedging or another mechanism to maintain the interest rate of the bonds within a range determined by the Director of the Department of Business and Industry. The cost of any such protections must be accounted for in calculating the cost of such bonds in comparison to the cost of bonds not providing for a variable rate of interest.

3. Any investment of the proceeds of bonds must first be approved by the Director of the Department of Business and Industry and must comply with the requirements of NRS 388A.550 to 388A.695, inclusive.

(Added to NAC by Dep’t of Business & Industry by R099-13, eff. 6-23-2014) — (Substituted in revision for NAC 386.470)

NAC 388A.750 Requests for information. (NRS 388A.640) Any person who wishes to obtain:

1. Clarification of any provision of NAC 388A.700 to 388A.750, inclusive; or

2. Additional information about the procedure for submitting an application pursuant to NAC 388A.720,

Ê may mail a written request addressed to the attention of the Director at the Department of Business and Industry, 555 East Washington Avenue, Suite 4900, Las Vegas, Nevada 89101-1075.

(Added to NAC by Dep’t of Business & Industry by R099-13, eff. 6-23-2014) — (Substituted in revision for NAC 386.472)