Senate Bill No. 220

Senate Bill No. 220-Committee on Human Resources and Facilities

March 13, 1997
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Referred to Committee on Human Resources and Facilities

SUMMARY--Authorizes formation of charter schools. (BDR 34-246)

FISCAL NOTE: Effect on Local Government: No.

Effect on the State or on Industrial Insurance: Contains Appropriation not included in Executive Budget.

EXPLANATION - Matter in italics is new; matter in brackets [ ] is material to be omitted.

AN ACT relating to education; authorizing the formation of charter schools for a certain period; prescribing the process by which an application to form a charter school is submitted and approved; restricting the number of charter schools that may be formed in one county and in this state; making an appropriation; and providing other matters properly relating thereto.

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

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Section 1 NRS 385.007 is hereby amended to read as follows:
385.007 As used in this Title, unless the context otherwise requires:
1. "Department" means the department of education.
2. "Public schools" means all kindergartens and elementary schools, junior high schools and middle schools, high schools and any other schools, classes and educational programs which receive their support through public taxation and whose textbooks and courses of study are under the control of the state board. The term includes a charter school that is created pursuant to the provisions of sections 5 to 16, inclusive, of this act.
3. "State board" means the state board of education.
Sec. 2 NRS 385.110 is hereby amended to read as follows:
385.110 [The]
1. Except as otherwise provided in subsection 2, the state board [of education] shall prescribe and cause to be enforced the courses of study for the public schools of this state , [;] provided:
[1.] (a) That high schools may have modified courses of study, subject to the approval of the state board [of education; and
2.] ; and
(b) That any high school offering courses normally accredited as being beyond the level of the 12th grade shall, before offering such courses, have them approved by the state board . [of education.]
2. A charter school that is formed pursuant to the provisions of sections 5 to 16, inclusive, of this act, is not required to offer a course of study prescribed by the state board pursuant to subsection 1 if a waiver from that course of study is included in the written charter of the charter school.
Sec. 3 NRS 385.347 is hereby amended to read as follows:
385.347 1. The board of trustees of each school district in this state, in cooperation with associations recognized by the state board as representing licensed personnel in education in the district, shall adopt a program providing for the accountability of the school district to the residents of the district and to the state board for the quality of the schools and the educational achievement of the pupils in the district [.] , including, without limitation, pupils enrolled in charter schools in the school district.
2. The board of trustees of each school district shall, on or before March 31 of each year, report to the residents of the district concerning:
(a) The educational goals and objectives of the school district.
(b) Pupil achievement for grades 4, 8 and 11 for each school in the district and the district as a whole [.] , including, without limitation, each charter school in the district. Unless otherwise directed by the department, the board of trustees of the district shall base its report on the results of the examinations administered pursuant to NRS 389.015 and shall compare the results of those examinations for the current school year with those of previous school years. In addition, the board shall also report the results of other examinations of pupil achievement administered to each pupil in the school district in grades other than 4, 8 and 11. The results of these examinations for the current school year must be compared with those of previous school years.
(c) The ratio of pupils to teachers in kindergarten and at each grade level for each elementary school in the district and the district as a whole, including, without limitation, each charter school in the district, the average class size for each required course of study for each secondary school in the district and the district as a whole, including, without limitation, each charter school in the district, and other data concerning licensed and unlicensed employees of the school district.
(d) A comparison of the types of classes that each teacher has been assigned to teach with the qualifications and licensure of the teacher, for each school in the district and the district as a whole [.] , including, without limitation, each charter school in the district.
(e) The total expenditure per pupil for each school in the district and the district as a whole [.] , including, without limitation, each charter school in the district.
(f) The curriculum used by the school district, including [any] :
(1) Any special programs for pupils at an individual school [.] ; and
(2) The curriculum used by each charter school in the district.
(g) Records of the attendance and truancy of pupils in all grades, for each school in the district and the district as a whole [.] , including, without limitation, each charter school in the district.
(h) The annual rate of pupils who drop out of school in grades 9 to 12, inclusive, for each such grade, for each school in the district and for the district as a whole.
(i) Efforts made by the school district and by each school in the district , including, without limitation, each charter school in the district, to increase communication with the parents of pupils in the district.
(j) Records of incidents involving weapons or violence for each school in the district [.] , including, without limitation, each charter school in the district.
(k) Records of the suspension and expulsion of pupils required or authorized pursuant to NRS 392.466 and 392.467.
(l) The transiency rate of pupils for each school in the district and the district as a whole [.] , including, without limitation, each charter school in the district.
(m) Each source of funding for the school district.
(n) Such other information as is directed by the superintendent of public instruction.
3. The superintendent of public instruction shall:
(a) Prescribe forms for the reports required pursuant to subsection 2 and provide the forms to the respective school districts.
(b) Provide statistical information and technical assistance to the school districts to ensure that the reports provide comparable information with respect to each school in each district and among the districts.
(c) Consult with a representative of:
(1) The Nevada State Education Association;
(2) The Nevada Association of School Boards;
(3) The Nevada Association of School Administrators; and
(4) The Nevada Parent Teachers Association,
concerning the program and consider any advice or recommendations submitted by the representatives with respect to the program.
4. On or before April 15 of each year, the board of trustees of each school district shall submit to the state board the report made pursuant to subsection 2. On or before June 15 of each year, the board of trustees of each school district shall submit to the state board:
(a) A separate report summarizing the effectiveness of the district's program of accountability during the school year; and
(b) A description of the efforts the district has made to correct deficiencies identified in the report submitted pursuant to paragraph (a).
5. On or before February 1 of each year, the superintendent of public instruction shall analyze the information submitted to the state board and report to the legislature concerning the effectiveness of the programs of accountability adopted pursuant to this section. In even-numbered years, the report must be submitted to the legislative commission.
Sec. 4 Chapter 386 of NRS is hereby amended by adding thereto the provisions set forth as sections 5 to 16, inclusive, of this act.
Sec. 5 1. Except as otherwise provided in subsection 2, on or before July 1, 2003, a person may apply to the board of trustees of a school district for authorization to form a charter school in the school district if enrollment in the charter school will be limited to pupils in kindergarten and grades 1 to 8.
2. Six charter schools may be created in this state, with no more than four in one county. Upon receipt of an application for a charter school, the board of trustees of a school district shall notify the state board. If the state board determines that six charter schools have been approved in this state or that four charter schools have been approved in the county in which the application was submitted, the state board shall inform the board of trustees that the application must be denied for this reason.
Sec. 6 An application for a charter school must include:
1. Evidence of support for the charter school from teachers, parents and the community in which the proposed charter school will be located, as prescribed by regulation of the state board.
2. The projected enrollment of pupils in the charter school.
3. The projected ratio of pupils per class per teacher, based upon the projected enrollment of pupils. If the projected ratio does not comply with the pupil-teacher ratio prescribed by the regulations of the state board pursuant to NRS 387.123 or the pupil-teacher ratio prescribed in NRS 388.700, the application must include a written request for a waiver from those requirements.
4. The proposed dates of enrollment for the charter school. If the proposed dates of enrollment for the charter school are not the same as the dates of enrollment generally in effect in the public schools of the same grade level in the school district, the application must include a written request for a waiver from the dates of enrollment generally in effect in the school district.
5. The proposed system of governance for the charter school, including, but not limited to, the number of persons who will govern, the method of selecting the persons who will govern and the term of office for each person.
6. The proposed curriculum for the charter school. If the applicant does not intend to use the curriculum of the school district that is generally applicable to the grades which will be taught at the charter school, the application must include a written request for a waiver from the curriculum of the school district.
7. The textbooks that will be used at the charter school. If the applicant does not intend to use the textbooks prescribed by the state board pursuant to NRS 390.140, the application must include a written request for a waiver from the textbooks prescribed by the state board.
8. The qualifications of the persons who will provide instruction at the charter school. If the charter school intends to employ persons who are not licensed pursuant to the provisions of chapter 391 of NRS, the application must include a written request for a waiver from the requirement that only licensed teachers may provide instruction in the public schools.
9. The process by which the governing body of the charter school will negotiate employment contracts with the employees of the charter school.
10. If the applicant does not intend to comply with any other laws or regulations applicable to public schools, a written request for a waiver from those provisions with which the applicant does not intend to comply, except that a charter school shall comply with and may not request a waiver from any law or regulation relating to:
(a) Discrimination and civil rights; or
(b) The health, safety and discipline of pupils, as prescribed by NRS 392.420 to 392.469, inclusive.
11. A financial plan for the operation of the charter school. The plan must include, but is not limited to, procedures for the audit of the programs and finances of the school and guidelines for determining financial liability if the charter school is unsuccessful.
12. The proposed plan for the transportation of pupils to and from the charter school.
Sec. 7 1. The board of trustees of a school district shall consider each application to form a charter school in the order in which it is received. A board of trustees of a school district that receives an application to form a charter school shall consider the application at its next regularly scheduled meeting and ensure that notice of the meeting is posted in accordance with chapter 241 of NRS. Not more than 30 days after the meeting, the board of trustees shall provide written notice of its determination to the applicant.
2. If the board of trustees approves such an application, the board of trustees shall, not more than 10 days after the approval, provide written notice to the state board of its approval and the date of the approval. Upon receipt of such a notification, the state board shall act upon the application as soon as practicable, and in chronological order according to the date of the approval. Except as otherwise provided in this subsection and subsection 4, the state board shall grant a written charter to an applicant if the application was approved pursuant to subsection 1. If the state board receives written notice that a number of charter schools which exceeds the limitations set forth in section 5 of this act have been approved in this state on the same date or in the same county on the same date, the state board shall in its sole discretion select among the applicants and grant written charters in accordance with the limitations set forth in section 5 of this act.
3. If the board of trustees denies an application for a charter school or denies a waiver that was requested in the application, the applicant may request an appeal of the denial to the state board not more than 30 days after receipt of the written notice of the denial. The state board shall consider requests for appeals in the order in which they are received. If the state board receives a request for an appeal, it shall consider the appeal at its next regularly scheduled meeting and ensure that notice of the meeting is posted in accordance with chapter 241 of NRS. Not more than 30 days after the meeting, the state board shall provide written notice of its determination to the applicant.
4. If the state board, when considering an appeal, and the board of trustees of a school district each approve an application for a charter school on the same date, resulting in more than six charter schools in this state or more than four charter schools in one county, the state board shall in its sole discretion make a final determination as to which of the two applicants may form a charter school.
Sec. 8 1. A written charter granted by the state board must be for a term of 6 years and include all conditions of operation and waivers set forth in subsections 1 to 12, inclusive, of section 6 of this act that were approved by the board of trustees or the state board.
2. As a condition of the issuance of the written charter, the charter school must agree to:
(a) Comply with all laws and regulations that are generally applicable to the public schools in the school district in which the charter school is located except for those laws and regulations for which the charter school has been granted a waiver;
(b) Remain nonsectarian;
(c) Refrain from charging tuition, levy taxes, issue bonds or use public money to purchase property or buildings;
(d) Schedule and provide annually at least as many days of instruction as are required of all other public schools located in the same school district as the charter school is located; and
(e) Obtain liability insurance of the same type and in the same amount as may be required of all other public schools located in the same school district as the charter school is located.
The provisions of this subsection may not be waived by the board of trustees or the state board.
3. The governing body of a charter school may submit to the state board a written request for an amendment of the written charter of the charter school. If the proposed amendment complies with all provisions of sections 5 to 16, inclusive, of this act and the regulations of the state board adopted pursuant to section 10 of this act, the state board shall amend the written charter in accordance with the proposed amendment.
Sec. 9 1. A written charter may be revoked by the state board before the expiration of the 6-year period if the state board determines that:
(a) The charter school has failed to comply with:
(1) The terms and conditions of its written charter; or
(2) The regulations adopted by the state board pursuant to section 10 of this act;
(b) The charter school is financially impaired such that the school cannot continue to operate;
(c) The charter school has not maintained the standards of achievement and proficiency established by the state board pursuant to section 10 of this act; or
(d) Closure is warranted for any other reason.
2. At least 90 days before the state board intends to revoke a written charter, it shall provide written notice to the governing body of the charter school of its intention. The written notice must:
(a) Include a statement of the deficiencies or reasons upon which the state board's action is based;
(b) Prescribe a period, not less than 30 days, during which the charter school may correct any such deficiencies.
If the charter school corrects the deficiencies to the satisfaction of the state board within the time prescribed in paragraph (b) of this subsection, the state board shall not revoke the written charter of the school.
Sec. 10 1. The state board shall adopt regulations that:
(a) Prescribe the type and amount of evidence of support necessary to satisfy the requirement set forth in subsection 1 of section 6 of this act;
(b) Set forth the criteria for:
(1) Approval of an application for a charter school which has been submitted to the board of trustees of a school district; and
(2) Approval of an application for a charter school or a request for a waiver which has been submitted to the state board on appeal;
(c) Set forth the standards of achievement and proficiency which must be demonstrated by pupils enrolled in a charter school, including, without limitation, a requirement that the pupils enrolled in a charter school must pass the achievement and proficiency examinations administered pursuant to NRS 389.015 which are generally applicable to the grade level of the pupils who are enrolled in the charter school;
(d) Require a charter school to submit to the board of trustees of the school district in which the charter school is located reports for the computation of enrollment and attendance of pupils enrolled in a charter school;
(e) Prescribe:
(1) The content and form of the reports required pursuant to paragraph (d); and
(2) The dates on which a charter school is required to submit the reports required pursuant to paragraph (d) to the board of trustees of the school district in which the charter school is located; and
(f) Prescribe the content and frequency of written reports that a charter school is required to submit to the board of trustees of the school district in which the charter school is located and to the state board, including, without limitation, reports which contain the information required by NRS 385.347.
2. The state board may adopt regulations that:
(a) Set forth the conditions under which the board of trustees of a school district or the state board will authorize a charter school to employ persons who are not licensed pursuant to the provisions of chapter 391 of NRS to provide instruction at a charter school; and
(b) It determines are necessary to carry out the provisions of sections 5 to 16, inclusive, of this act.
Sec. 11 The state board and the board of trustees of a school district shall:
1. Upon request, provide information to the general public concerning the formation and operation of charter schools;
2. Maintain a list available for public inspection which describes the location of each charter school that has been approved for operation pursuant to the provisions of sections 5 to 16, inclusive, of this act; and
3. Provide reasonable assistance to an applicant for a charter school and a charter school in carrying out the provisions of sections 5 to 16, inclusive, of this act.
Sec. 12 1. A charter school may limit admission to:
(a) Pupils in a particular age group or grade level.
(b) Pupils who have demonstrated a special interest in an area of course work that is emphasized at the school.
2. An application for enrollment in a charter school may be submitted to the governing body of the charter school by pupils who reside in the school district in which the charter school is located. Except as otherwise provided in this subsection, a charter school shall enroll pupils who are eligible for enrollment in the order in which the applications are received. A charter school shall give priority for enrollment to:
(a) If the board of trustees of the school district in which the charter school is located has established zones of attendance pursuant to NRS 388.040, an applicant who resides in the zone in which the charter school is located.
(b) An applicant who is a sibling of a pupil who is currently enrolled in the charter school.
3. A charter school shall not determine eligibility for enrollment in the school based on the:
(a) Intellectual ability;
(b) Athletic ability;
(c) Race;
(d) Gender;
(e) Religion;
(f) Ethnicity; or
(g) Disability,
of a pupil.
Sec. 13 1. Pupils who are enrolled in a charter school must be included in the count of pupils in the school district for the purposes of apportionments and allowances from the state distributive school account pursuant to NRS 387.121 to 387.126, inclusive.
2. The board of trustees of a school district shall, at the same time and in the same manner as it distributes money to all other public schools in the school district, distribute money to a charter school in an amount per pupil which is equal to the amount per pupil that is allocated to the other public schools in the school district.
3. The governing body of a charter school may negotiate with the board of trustees of the school district and the state board for additional apportionments to pay for services which the governing body wishes to offer that are not offered by the other public schools in the school district. The superintendent of public instruction shall distribute any apportionments awarded pursuant to this subsection directly to the governing body of the charter school.
4. To determine the amount of money for distribution to a charter school in its first year of operation, the count of pupils enrolled in the charter school must initially be determined 30 days before the beginning of the school year, based on the number of pupils whose applications for enrollment have been approved by the charter school. The count of pupils must be revised on the last day of the first month of the school year, based on the actual number of pupils who are enrolled in the charter school.
Sec. 14 A charter school shall determine the achievement and proficiency of pupils who are enrolled in the school by:
1. Cooperating with the board of trustees of the school district in the administration of the achievement and proficiency examinations prescribed by NRS 389.015 to the pupils enrolled in the charter school; and
2. Complying with the standards of achievement and proficiency established by the state board pursuant to section 10 of this act.
Sec. 15 If a pupil has successfully completed credits at a charter school that has been formed pursuant to the provisions of sections 5 to 16, inclusive, of this act, the pupil must be allowed to apply the credit that he received at the charter school toward advancement to the next grade at any other public school or graduation from any other public school.
Sec. 16 1. A governing body of a charter school may employ the following persons to provide instruction at the school:
(a) A person who is licensed pursuant to the provisions of chapter 391 of NRS.
(b) If the charter school has received the applicable waiver, a person who is not licensed pursuant to the provisions of chapter 391 of NRS.
2. The process by which the governing body of the charter school will negotiate employment contracts with these employees must be in accordance with the process set forth in the application submitted pursuant to subsection 9 of section 6 of this act. The salary of each person who is employed by a charter school must be determined by the governing body of the charter school and the employee, with the approval of the board of trustees of the school district in which the charter school is located.
3. The salary of each person who is employed by a charter school, the term of his employment and any other conditions of employment agreed upon by the governing body of the charter school and the employee, must be embodied in a written contract between the governing body and the employee.
4. Each applicant for employment pursuant to this section must, as a condition to employment, submit to the governing body of the charter school a full set of his fingerprints and written permission authorizing the governing body to forward the fingerprints to the Federal Bureau of Investigation and the central repository for Nevada records of criminal history for their reports on the criminal history of the applicant.
5. All employees of a charter school shall be deemed:
(a) Except as otherwise provided by specific statute, employees of the school district in which the charter school is located.
(b) Public employees, including, without limitation, for the purposes of determining liability and immunity from liability pursuant to chapter 41 of NRS.
Sec. 17 NRS 386.365 is hereby amended to read as follows:
386.365 1. Except as otherwise provided in subsection 3, each board of trustees in any county having a population of 100,000 or more shall give 15 days' notice of its intention to adopt, repeal or amend a policy or regulation of the board concerning any of the subjects set forth in subsection 4. The notice must:
(a) Include a description of the subject or subjects involved and must state the time and place of the meeting at which the matter will be considered by the board; and
(b) Be mailed to the following persons from each of the schools affected:
(1) The principal;
(2) The president of the parent-teacher association or similar body; and
(3) The president of the classroom teachers' organization or other collective bargaining agent.
A copy of the notice and of the terms of each proposed policy or regulation, or change in a policy or regulation, must be made available for inspection by the public in the office of the superintendent of schools of the school district at least 15 days before its adoption.
2. All persons interested in a proposed policy or regulation or change in a policy or regulation must be afforded a reasonable opportunity to submit data, views or arguments, orally or in writing. The board of trustees shall consider all written and oral submissions respecting the proposal or change before taking final action.
3. Emergency policies or regulations may be adopted by the board upon its own finding that an emergency exists.
4. This section applies to policies and regulations concerning:
(a) Attendance rules;
(b) Zoning;
(c) Grading;
(d) District staffing patterns;
(e) Curriculum and program;
(f) Pupil discipline; and
(g) Personnel, except with respect to dismissals and refusals to reemploy covered by contracts entered into [as a result of] pursuant to the Local Government Employee- Management Relations Act [,] or section 16 of this act, as provided in NRS 391.3116.
Sec. 18 NRS 387.123 is hereby amended to read as follows:
387.123 1. The count of pupils for apportionment purposes includes all those who are enrolled in programs of instruction of the school district , including, without limitation, pupils enrolled in a charter school, for:
(a) Pupils in the kindergarten department.
(b) Pupils in grades 1 to 12, inclusive.
(c) Pupils not included under paragraph (a) or (b) who are receiving special education pursuant to the provisions of NRS 388.440 to 388.520, inclusive.
(d) Children detained in detention homes, alternative programs and juvenile forestry camps receiving instruction pursuant to the provisions of NRS 388.550, 388.560 and 388.570.
(e) Part-time pupils enrolled in classes and taking courses necessary to receive a high school diploma.
2. The state board [of education] shall establish uniform regulations for counting enrollment and calculating the average daily attendance of pupils. In establishing such regulations for the public schools, the state board:
(a) Shall divide the school year into 10 school months, each containing 20 or fewer school days.
(b) May divide the pupils in grades 1 to 12, inclusive, into categories composed respectively of those enrolled in elementary schools and those enrolled in secondary schools.
(c) Shall prohibit the counting of any pupil specified in subsection 1 more than once.
3. Except as otherwise provided in subsection 4 and NRS 388.700, the state board [of education] shall establish by regulation the maximum pupil-teacher ratio in each grade, and for each subject matter wherever different subjects are taught in separate classes, for each school district of the state which is consistent with:
(a) The maintenance of an acceptable standard of instruction;
(b) The conditions prevailing in the school district with respect to the number and distribution of pupils in each grade; and
(c) Methods of instruction used, which may include educational television, team teaching or new teaching systems or techniques.
If the superintendent of public instruction finds that any school district is maintaining one or more classes whose pupil-teacher ratio exceeds the applicable maximum, and unless he finds that the board of trustees of the school district has made every reasonable effort in good faith to comply with the applicable standard, he shall, with the approval of the state board, reduce the count of pupils for apportionment purposes by the percentage which the number of pupils attending those classes is of the total number of pupils in the district, and the state board may direct him to withhold the quarterly apportionment entirely.
4. A charter school is not required to comply with the pupil-teacher ratio prescribed by the state board pursuant to subsection 3 if the written charter of the charter school includes a waiver from that ratio.
Sec. 19 NRS 387.175 is hereby amended to read as follows:
387.175 The county school district fund is composed of:
1. All local taxes for the maintenance and operation of kindergartens, elementary schools , [and] high schools [.] and charter schools.
2. All money received from the Federal Government for the maintenance and operation of public schools.
3. Apportionments by the state as provided in NRS 387.124.
4. Any other receipts, including gifts, for the operation and maintenance of the public schools in the county school district.
Sec. 20 NRS 388.020 is hereby amended to read as follows:
388.020 1. An elementary school is a public school in which no grade work is given above that included in the eighth grade, according to the regularly adopted state course of study.
2. A junior high or middle school is a public school in which the sixth, seventh, eighth and ninth grades are taught under a course of study prescribed and approved by the state board . [of education.] The school is an elementary or secondary school for the purpose of teachers' certifications.
3. A high school is a public school in which subjects above the eighth grade, according to the state course of study, may be taught. The school is a secondary school for the purpose of teachers' certifications.
4. A special school is an organized unit of instruction operating with approval of the state board . [of education.]
5. A charter school is a public school that is formed pursuant to the provisions of sections 5 to 16, inclusive, of this act.
Sec. 21 NRS 388.040 is hereby amended to read as follows:
388.040 [In any]
1. Except as otherwise provided in subsection 2, the board of trustees of a school district [having and maintaining] which includes more than one school [offering] that offers instruction in the same grade or grades, [the board of trustees shall have the power to] may zone the school district and [to] determine which pupils shall attend each school.
2. The establishment of zones pursuant to subsection 1 does not preclude a pupil from attending a charter school in the school district.
Sec. 22 NRS 388.700 is hereby amended to read as follows:
388.700 1. Except as otherwise provided in subsections 2 [and 3,] , 3 and 6, after the last day of the first month of the school year, the ratio in each school district of pupils per class in kindergarten and grades 1, 2 and 3 per licensed teacher designated to teach those classes full time must not exceed 15 to 1 in classes where core curriculum is taught. In determining this ratio, all licensed educational personnel who teach kindergarten or grade 1, 2 or 3 must be counted except teachers of art, music, physical education or special education, counselors, librarians, administrators, deans and specialists.
2. A school district may, within the limits of any plan adopted pursuant to NRS 388.720, assign a pupil whose enrollment in a grade occurs after the last day of the first month of the school year to any existing class regardless of the number of pupils in the class.
3. The state board may grant to a school district a variance from the limitation on the number of pupils per class set forth in subsection 1 for good cause, including the lack of available financial support specifically set aside for the reduction of pupil-teacher ratios.
4. The state board shall, on or before February 1 of each odd-numbered year, report to the legislature on:
(a) Each variance granted by it during the preceding biennium, including the specific justification for the variance.
(b) The data reported to it by the various school districts pursuant to subsection 2 of NRS 388.710, including an explanation of that data, and the current pupil-teacher ratios per class in kindergarten and grades 1, 2 and 3.
5. The department shall, on or before December 15 of each year, report to the chief of the budget division of the department of administration and the fiscal analysis division of the legislative counsel bureau:
(a) The number of teachers employed;
(b) The number of teachers employed in order to attain the ratio required by subsection 1;
(c) The number of pupils enrolled; and
(d) The number of teachers assigned to teach in the same classroom with another teacher or in any other arrangement other than one teacher assigned to one classroom of pupils,
during the current school year in kindergarten and grades 1, 2 and 3 for each school district.
6. The provisions of this section do not apply to a charter school if the written charter of the charter school includes a waiver from the provisions of this section.
Sec. 23 NRS 390.230 is hereby amended to read as follows:
390.230 1. The textbooks adopted by the state board [of education] must be used in the public schools in the state and no other books may be used as basic textbooks.
2. This section does not prohibit:
(a) The continued use of such textbooks previously approved until they become unserviceable.
(b) The use of supplemental textbooks purchased by a school district with the approval of the superintendent of public instruction.
(c) After approval by the state board, the temporary use of textbooks for tryout purposes.
(d) A charter school that is formed pursuant to the provisions of sections 5 to 16, inclusive, of this act, from using textbooks other than those adopted for use by the state board if the written charter of the charter school includes a waiver from the provisions of this section.
3. Any school officer or teacher who violates the provisions of this chapter, or knowingly fails to follow the regulations of the state board relating to use of textbooks shall be punished by a fine of not more than $250.
4. All superintendents, principals, teachers and school officers are charged with the execution of this section.
Sec. 24 Chapter 391 of NRS is hereby amended by adding thereto a new section to read as follows:
As used in NRS 391.060 to 391.295, inclusive, "teacher" includes a person who provides instruction in a charter school that is formed pursuant to the provisions of sections 5 to 16, inclusive, of this act.
Sec. 25 NRS 391.045 is hereby amended to read as follows:
391.045 The superintendent of public instruction shall file with the clerk of the board of trustees of each local school district a directory of all teachers and other educational personnel [who hold licenses entitling them] , including, without limitation, teachers and educational personnel employed by a charter school pursuant to section 16 of this act, who are entitled to draw salaries from the county school district fund, and shall advise the clerk from time to time of any changes or additions to the directory.
Sec. 26 NRS 391.090 is hereby amended to read as follows:
391.090 1. Any person who is:
(a) Granted a license to teach or perform other educational functions in the public schools of Nevada, in the school conducted at the Nevada youth training center or the Caliente youth center or for any program of instruction for kindergarten or grades 1 to 12, inclusive, conducted at any correctional institution in the department of prisons; [or]
(b) Charged with the duty at the Nevada youth training center or the Caliente youth center of giving instruction in the Constitution of the United States and the constitution of the State of Nevada [,] ; or
(c) Employed by a charter school as a teacher pursuant to the provisions of section 16 of this act,
must show, by examination or credentials showing college, university or normal school study, satisfactory evidence of adequate knowledge of the origin, history, provisions and principles of the Constitution of the United States and the constitution of the State of Nevada.
2. The commission may grant a reasonable time for compliance with the terms of this section.
Sec. 27 NRS 391.120 is hereby amended to read as follows:
391.120 1. [Boards] Except as otherwise provided in subsection 5, boards of trustees of the school districts in this state may employ legally qualified teachers and other licensed personnel and may determine their salaries and the length of the term of school for which they are employed. These conditions and any other conditions agreed upon by the parties must be embodied in a written contract, or notice of reemployment, to be approved by the board of trustees and accepted and signed by the employee. A copy of the contract or notice of reemployment, properly written, must be delivered to each teacher or other licensed employee not later than the opening of the term of school.
2. A board of trustees may not employ teachers or other licensed personnel for any school year commencing after the expiration of the time for which any member of the board of trustees was elected or appointed.
3. It is unlawful for the board of trustees of any school district to employ any teacher who is not legally qualified to teach all the grades which the teacher is engaged to teach.
4. On or before November 15 of each year, the school district shall submit to the department, in a form prescribed by the superintendent of public instruction, the following information for each licensed employee employed by the school district on October 1 of that year:
(a) The amount of salary of the employee; and
(b) The designated assignment, as that term is defined by the department , [of education,] of the employee.
5. The board of trustees of a school district may not make decisions concerning the employment of teachers or other personnel employed by a charter school unless the governing body of a charter school specifically requests the board of trustees to make such decisions.
Sec. 28 NRS 391.170 is hereby amended to read as follows:
391.170 [A]
1. Except as otherwise provided in subsection 2, a teacher or other employee for whom a license is required is not entitled to receive any portion of public money for schools as compensation for services rendered unless:
[1.] (a) He is legally employed by the board of trustees of the school district in which he is teaching or performing other educational functions.
[2.] (b) He has a license authorizing him to teach or perform other educational functions at the level and in the field for which he is employed, issued in accordance with law and in full force at the time the services are rendered.
2. The provisions of subsection 1 do not prohibit the payment of public money to teachers or other employees who are employed by a charter school pursuant to the provisions of section 16 of this act.
Sec. 29 NRS 391.180 is hereby amended to read as follows:
391.180 1. As used in this section, "employee" means any employee of a school district in this state.
2. A school month in any public school in this state consists of 4 weeks of 5 days each.
3. Nothing contained in this section prohibits the payment of employees' compensation in 12 equal monthly payments for 9 or more months' work.
4. The per diem deduction from the salary of an employee because of absence from service for reasons other than those specified in this section is that proportion of the yearly salary which is determined by the ratio between the duration of the absence and the total number of contracted work days in the year.
5. Boards of trustees shall either prescribe by regulation or negotiate pursuant to chapter 288 of NRS, with respect to sick leave, accumulation of sick leave, payment for unused sick leave, sabbatical leave, personal leave, professional leave, military leave and such other leave as they determine to be necessary or desirable for employees.
6. The salary of any employee unavoidably absent because of personal illness or accident, or because of serious illness, accident or death in the family, may be paid up to the number of days of sick leave accumulated by the employee. An employee may not be credited with more than 15 days of sick leave in any 1 school year. Except as otherwise provided in this subsection, if an employee of a school district takes a position with another school district, all sick leave that he has accumulated must be transferred from his former school district to his new school district. The amount of sick leave so transferred may not exceed the maximum amount of sick leave which may be carried forward from one year to the next according to the applicable negotiated agreement or the policy of the district into which the employee transferred. Unless the applicable negotiated agreement or policy of the employing district provides otherwise, such an employee:
(a) Shall first use the sick leave credited to the employee from the district into which he transferred before using any of the transferred leave; and
(b) Is not entitled to compensation for any sick leave transferred pursuant to this subsection.
7. Subject to the provisions of subsection 8:
(a) If an intermission of less than 6 days is ordered by the board of trustees for any good reason, no deduction of salary may be made therefor.
(b) If on account of sickness, epidemic or other emergency in the community, a longer intermission is ordered by the board of trustees or by a board of health and the intermission or closing does not exceed 30 days at any one time, there may be no deduction or discontinuance of salaries.
8. If the board of trustees orders an extension of the number of days of school to compensate for the days lost as the result of an intermission because of those reasons contained in paragraph (b) of subsection 7, an employee may be required to render his services to the school district during that extended period. If the salary of the employee was continued during the period of intermission as provided in subsection 7, the employee is not entitled to additional compensation for services rendered during the extended period.
9. If any subject referred to in this section is included in an agreement or contract negotiated by [the] :
(a) The board of trustees of a school district pursuant to chapter 288 of NRS [,] ; or
(b) The governing body of a charter school pursuant to section 16 of this act,
the provisions of the agreement or contract regarding that subject supersede any conflicting provisions of this section or of a regulation of the board of trustees.
Sec. 30 NRS 391.200 is hereby amended to read as follows:
391.200 The salaries of [the teachers] :
1. Teachers and other licensed [personnel] employees in a school district , as determined by the contracts between the teachers and other licensed employees and the board of trustees ; and
2. Teachers and other employees in a charter school, as agreed upon pursuant to section 16 of this act,
are prior claims upon the school district fund.
Sec. 31 NRS 391.230 is hereby amended to read as follows:
391.230 1. [Upon] Except as otherwise provided in subsection 3, upon the opening of any public school in this state, every teacher and other licensed employee employed for that school shall file with the superintendent of the county school district a Nevada license entitling the holder to teach or perform other educational functions in the school in which he will be employed, and any other report that the superintendent of public instruction requires.
2. The superintendent of the county school district shall acknowledge the receipt of each license and shall make a proper record thereof in his office. The license must remain on file and be safely kept in the office of the superintendent of the county school district.
3. This section does not apply to teachers who:
(a) Are not licensed; and
(b) Are employed by a charter school pursuant to the provisions of section 16 of this act,
if the written charter of the charter school authorizes the school to employ teachers who are not licensed.
Sec. 32 NRS 391.240 is hereby amended to read as follows:
391.240 [Each]
1. Except as otherwise provided in subsection 2, each teacher in the public schools shall keep a true, full and correct register of all pupils attending such school as required by the board of trustees of the school district in accordance with the regulations prescribed by the superintendent of public instruction.
2. A charter school that is formed pursuant to the provisions of sections 5 to 16, inclusive, of this act, shall keep a record of the enrollment of pupils in the charter school in accordance with the regulations adopted by the state board pursuant to section 10 of this act.
Sec. 33 NRS 391.260 is hereby amended to read as follows:
391.260 [Every]
1. Except as otherwise provided in subsection 2, each teacher in the public schools shall enforce the course of study as prescribed by law, the use of legally authorized textbooks, and the rules and regulations prescribed for teachers and schools.
2. The provisions of subsection 1 do not prohibit a charter school that is formed pursuant to the provisions of sections 5 to 16, inclusive, of this act from:
(a) Offering courses of study other than the courses of study prescribed by law;
(b) Using textbooks other than the textbooks which are legally authorized for use in the school district; or
(c) Enforcing rules and regulations other than the rules and regulations prescribed for teachers and schools in the school district,
if the charter school is authorized to comply with alternative courses of study, textbooks, or rules or regulations pursuant to the written charter of the school.
Sec. 34 NRS 391.273 is hereby amended to read as follows:
391.273 1. [Unless specifically exempted pursuant to subsection 4,] Except as otherwise provided in subsections 4 and 9, the unlicensed personnel of a school district must be directly supervised by licensed personnel in all duties which are instructional in nature. To the extent practicable, the direct supervision must be such that the unlicensed personnel are in the immediate location of the licensed personnel and are readily available during such times when supervision is required.
2. Unlicensed personnel who are exempted pursuant to subsection 4 must be under administrative supervision when performing duties which are instructional in nature.
3. Unlicensed personnel may temporarily perform duties under administrative supervision which are not primarily instructional in nature.
4. Upon application by a superintendent of schools, the superintendent of public instruction may grant an exemption from the provisions of subsection 1. The superintendent shall not grant an exemption unless:
(a) The duties are within the employee's special expertise or training;
(b) The duties relate to the humanities or an elective course of study, or are supplemental to the basic curriculum of a school;
(c) The performance of the duties does not result in the replacement of a licensed employee or prevent the employment of a licensed person willing to perform those duties;
(d) The secondary or combined school in which the duties will be performed has less than 100 pupils enrolled and is at least 30 miles from a school in which the duties are performed by licensed personnel; and
(e) The unlicensed employee submits his fingerprints for an investigation pursuant to NRS 391.033.
5. The superintendent of public instruction shall file a record of all exempt personnel with the clerk of the board of trustees of each local school district, and advise the clerk of any changes therein. The record must contain:
(a) The name of the exempt employee;
(b) The specific instructional duties he may perform;
(c) Any terms or conditions of the exemption deemed appropriate by the superintendent of public instruction; and
(d) The date the exemption expires or a statement that the exemption is valid as long as the employee remains in the same position at the same school.
6. The superintendent of public instruction may adopt regulations prescribing the procedure to apply for an exemption pursuant to this section and the criteria for the granting of such exemptions.
7. Except in an emergency, it is unlawful for the board of trustees of a school district to allow a person employed as a teacher's aide to serve as a teacher unless the person is a legally qualified teacher licensed by the superintendent of public instruction. As used in this subsection, "emergency" means an unforeseen circumstance which requires immediate action and includes the fact that a licensed teacher or substitute teacher is not immediately available.
8. If the superintendent of public instruction determines that the board of trustees of a school district has violated the provisions of subsection 7, he shall take such actions as are necessary to reduce the amount of money received by the district pursuant to NRS 387.124 by an amount equal to the product when the following numbers are multiplied together:
(a) The number of days on which the violation occurred;
(b) The number of pupils in the classroom taught by the teacher's aide; and
(c) The number of dollars of basic support apportioned to the district per pupil per day pursuant to NRS 387.1233.
9. The provisions of this section do not apply to unlicensed personnel employed by a charter school pursuant to the provisions of section 16 of this act if the written charter of the school authorizes the governing body of the charter school to employ persons who are not licensed pursuant to this chapter to provide instruction at the charter school.
Sec. 35 NRS 391.311 is hereby amended to read as follows:
391.311 As used in NRS 391.3115 to 391.3197, inclusive, unless the context otherwise requires:
1. "Administrator" means any employee who holds a license as an administrator and who is employed in that capacity by a school district.
2. "Board" means the board of trustees of the school district in which a licensed employee affected by NRS 391.311 to 391.3197, inclusive, is employed.
3. "Demotion" means demotion of an administrator to a position of lesser rank, responsibility or pay and does not include transfer or reassignment for purposes of an administrative reorganization.
4. "Immorality" means an act forbidden by NRS 200.366, 200.368, 200.400, 200.508, 201.180, 201.190, 201.210, 201.220, 201.230, 201.265 or 207.260.
5. "Postprobationary employee" means an administrator or a teacher who has completed the probationary period as provided in NRS 391.3197 and has been given notice of reemployment.
6. "Probationary employee" means an administrator or a teacher who is employed for the period set forth in NRS 391.3197.
7. "Superintendent" means the superintendent of a school district or a person designated by the board or superintendent to act as superintendent during the absence of the superintendent.
8. "Teacher" means a licensed employee or an employee of a charter school, the majority of whose working time is devoted to the rendering of direct educational service to pupils of a school district.
Sec. 36 NRS 391.3116 is hereby amended to read as follows:
391.3116 The provisions of NRS 391.311 to 391.3197, inclusive, do not apply to a teacher, administrator, or other licensed employee who has entered into a contract with [the] :
1. The board negotiated pursuant to chapter 288 of NRS , if the contract contains separate provisions relating to the [board's] right of the board to dismiss or refuse to reemploy the employee or demote an administrator.
2. The governing body of a charter school pursuant to the provisions of section 16 of this act, if the contract contains separate provisions relating to the right of the governing body to dismiss or refuse to reemploy the employee or demote an administrator.
Sec. 37 1. There is hereby appropriated from the state general fund to the department of education the sum of $120,000. The department of education shall distribute not less than $10,000 but not more than $20,000 to an applicant for a charter school who has been granted a written charter pursuant to section 8 of this act. The amount of money distributed to the applicant must be based upon the projected enrollment of pupils in the charter school, as determined by the state board of education and the applicant. The money granted to an applicant must be used for the costs incurred by the applicant in forming the charter school.
2. If an applicant who receives a grant of money pursuant to subsection 1 fails to form a charter school, he shall, as soon as is practicable, return the total amount of money distributed to him to the department of education.
3. Any remaining balance of the appropriation made by subsection 1 must not be committed for expenditure after June 30, 1999, and reverts to the state general fund as soon as all payments of money committed have been made.
Sec. 38 This act becomes effective upon passage and approval for the purpose of adopting the regulations required by section 10 of this act and on October 1, 1997, for all other purposes.