(Reprinted with amendments adopted on May 26, 2003)

 

Senate Bill No. 252–Committee on Human
Resources and Facilities

 

March 10, 2003

____________

 

Referred to Committee on Finance

 

SUMMARY—Makes various changes concerning charter schools and distance education programs. (BDR 34‑140)

 

FISCAL NOTE:  Effect on Local Government: No.

                           Effect on the State: Yes.

 

~

 

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

 

AN ACT relating to charter schools; requiring a charter school to pay for an additional administration of achievement and proficiency examinations under certain circumstances; requiring certain applicants for employment with a charter school to submit fingerprints as a condition to employment; prohibiting the governing body of a charter school from employing certain nonlicensed persons under certain circumstances; prescribing the circumstances under which a charter school shall be deemed a charter school that is dedicated to providing educational programs and opportunities for pupils who are at risk; revising provisions governing an application to form a charter school; revising the provisions governing the revocation of the written charter of a charter school; revising the provisions governing apportionments from the State Distributive School Account to charter schools sponsored by the State Board of Education; revising provisions governing programs of distance education; requiring the Central Repository for Nevada Records of Criminal History to investigate the criminal history of applicants for employment with a charter school; and providing other matters properly relating thereto.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

2-1  Section 1.  NRS 385.368 is hereby amended to read as follows:

2-2  385.368  1.  If the Department does not designate a school

2-3  pursuant to NRS 385.364 and, in the immediately succeeding school

2-4  year, less than 90 percent of the pupils enrolled in the school who

2-5  are required to take the examinations administered pursuant to NRS

2-6  389.015 take the examinations, the Department shall designate the

2-7  school as demonstrating need for improvement and the provisions of

2-8  NRS 385.373 apply.

2-9  2.  If the Department designates a school as demonstrating need

2-10  for improvement pursuant to subsection 1:

2-11      (a) The school shall, within the same school year, administer

2-12  examinations to the pupils in the school who are enrolled in a grade

2-13  that is required to take the examinations pursuant to NRS 389.015.

2-14  The examinations must be the same examinations that are

2-15  administered to a national reference group of pupils in the same

2-16  grade. [The] Except as otherwise provided in this paragraph, the

2-17  school district shall pay for all costs related to the administration of

2-18  examinations pursuant to this paragraph. If a charter school is

2-19  required to administer examinations pursuant to this subsection,

2-20  the charter school shall pay for all costs related to the

2-21  administration of the examinations to pupils enrolled in the

2-22  charter school.

2-23      (b) The Department or its designee shall monitor at the school

2-24  the administration of the examinations that are required pursuant to

2-25  NRS 389.015 and ensure that all eligible pupils who are in

2-26  attendance on the day of the administration of the examinations are

2-27  given an opportunity to take the examinations until the school

2-28  receives a designation as demonstrating exemplary achievement,

2-29  high achievement or adequate achievement pursuant to

2-30  NRS 385.365.

2-31      3.  A school that is designated as demonstrating need for

2-32  improvement pursuant to subsection 1 is not eligible to receive

2-33  money for remedial programs made available by legislative

2-34  appropriation for the purposes of NRS 385.389.

2-35      4.  If the Department designates a school as demonstrating need

2-36  for improvement pursuant to subsection 1 for 2 or more consecutive

2-37  years, the provisions of NRS 385.375 and 385.378 apply.

2-38      Sec. 2. Chapter 386 of NRS is hereby amended by adding

2-39  thereto a new section to read as follows:

2-40      1.  Each applicant for employment with a charter school,

2-41  except a licensed teacher or other person licensed by the

2-42  Superintendent of Public Instruction, must, as a condition to

2-43  employment, submit to the governing body of the charter school a

2-44  complete set of his fingerprints and written permission authorizing

2-45  the governing body to forward the fingerprints to the Central

3-1  Repository for Nevada Records of Criminal History for its report

3-2  on the criminal history of the applicant and for submission to the

3-3  Federal Bureau of Investigation for its report on the criminal

3-4  history of the applicant.

3-5  2.  If the reports on the criminal history of an applicant

3-6  indicate that the applicant has not been convicted of a felony or an

3-7  offense involving moral turpitude, the governing body of the

3-8  charter school may employ the applicant.

3-9  3.  If a report on the criminal history of an applicant indicates

3-10  that the applicant has been convicted of a felony or an offense

3-11  involving moral turpitude and the governing body of the charter

3-12  school does not disqualify the applicant from further

3-13  consideration of employment on the basis of that report, the

3-14  governing body shall, upon the written authorization of the

3-15  applicant, forward a copy of the report to the Superintendent of

3-16  Public Instruction. If the applicant refuses to provide his written

3-17  authorization to forward a copy of the report pursuant to this

3-18  subsection, the charter school shall not employ the applicant.

3-19      4.  The Superintendent of Public Instruction, or his designee,

3-20  shall promptly review the report to determine whether the

3-21  conviction of the applicant is related or unrelated to the position

3-22  with the charter school for which the applicant has applied. If the

3-23  applicant desires employment with the charter school, he shall,

3-24  upon the request of the Superintendent of Public Instruction or

3-25  his designee, provide any further information that the

3-26  Superintendent or his designee determines is necessary to make

3-27  the determination. If the governing body of the charter school

3-28  desires to employ the applicant, the governing body shall, upon the

3-29  request of the Superintendent of Public Instruction or his

3-30  designee, provide any further information that the Superintendent

3-31  or his designee determines is necessary to make the determination.

3-32  The Superintendent of Public Instruction, or his designee, shall

3-33  provide written notice of the determination to the applicant and to

3-34  the governing body of the charter school.

3-35      5.  If the Superintendent of Public Instruction, or his

3-36  designee, determines that the conviction of the applicant is related

3-37  to the position with the charter school for which the applicant has

3-38  applied, the governing body of the charter school shall not employ

3-39  the applicant. If the Superintendent of Public Instruction, or his

3-40  designee, determines that the conviction of the applicant is

3-41  unrelated to the position with the charter school for which the

3-42  applicant has applied, the governing body of the charter school

3-43  may employ the applicant for that position.

 

 

4-1  Sec. 3.  NRS 386.500 is hereby amended to read as follows:

4-2  386.500  For the purposes of NRS 386.500 to 386.610,

4-3  inclusive, and section 2 of this act, a pupil is “at risk” if he has an

4-4  economic or academic disadvantage such that he requires special

4-5  services and assistance to enable him to succeed in educational

4-6  programs. The term includes, without limitation, pupils who are

4-7  members of economically disadvantaged families, pupils with

4-8  limited proficiency in the English language, pupils who are at risk of

4-9  dropping out of high school and pupils who do not meet minimum

4-10  standards of academic proficiency. The term does not include a

4-11  pupil with a disability.

4-12      Sec. 4.  NRS 386.510 is hereby amended to read as follows:

4-13      386.510  1.  Except as otherwise provided in subsection 2:

4-14      (a) In a county whose population is [more than 400,000,]

4-15  400,000 or more, two charter schools may be formed per every

4-16  75,000 pupils who are enrolled in public schools in the county

4-17  school district.

4-18      (b) In a county whose population is [more than] 100,000 or

4-19  more but less than 400,000, two charter schools may be formed.

4-20      (c) In a county whose population is less than 100,000, one

4-21  charter school may be formed.

4-22      2.  The limitations set forth in subsection 1 do not apply to

4-23  charter schools that are dedicated to providing educational programs

4-24  and opportunities for pupils who are at risk.

4-25      3.  For the purposes of subsection 2, a charter school shall be

4-26  deemed a charter school that is dedicated to providing educational

4-27  programs and opportunities for pupils who are at risk if the

4-28  charter school offers educational programs and opportunities to

4-29  pupils who are at risk in accordance with its written charter,

4-30  regardless of the actual number or percentage of such pupils who

4-31  are enrolled in the charter school.

4-32      4.  If an application to form a charter school that is dedicated

4-33  to providing educational programs and opportunities for pupils

4-34  who are at risk is approved, the governing body of the charter

4-35  school shall, on or before November 1 of each year, submit a

4-36  report to the sponsor of the charter school that includes

4-37  demographic information concerning the pupils enrolled in the

4-38  charter school and other information to demonstrate that the

4-39  charter school is dedicated to providing educational programs and

4-40  opportunities to pupils who are at risk in compliance with its

4-41  written charter. The State Board shall adopt regulations setting

4-42  forth the action, if any, that may be taken against a charter school

4-43  if the sponsor determines that the charter school is not dedicated

4-44  to providing educational programs and opportunities to pupils who

4-45  are at risk in compliance with its written charter.

5-1  Sec. 5.  NRS 386.515 is hereby amended to read as follows:

5-2  386.515  1.  The board of trustees of a school district may

5-3  apply to the Department for authorization to sponsor charter schools

5-4  within the school district. An application must be approved by the

5-5  Department before the board of trustees may sponsor a charter

5-6  school. Not more than 180 days after receiving approval to sponsor

5-7  charter schools, the board of trustees shall provide public notice of

5-8  its ability to sponsor charter schools and solicit applications for

5-9  charter schools.

5-10      2.  The State Board shall sponsor charter schools whose

5-11  applications have been approved by the State Board pursuant to

5-12  NRS 386.525. Except as otherwise provided by specific statute, if

5-13  the State Board sponsors a charter school, the State Board or the

5-14  Department shall be responsible for the evaluation, monitoring

5-15  and oversight of the charter school.

5-16      Sec. 6.  (Deleted by amendment.)

5-17      Sec. 7.  NRS 386.525 is hereby amended to read as follows:

5-18      386.525  1.  Upon approval of an application by the

5-19  Department, a committee to form a charter school may submit

5-20  the application to the board of trustees of the school district in which

5-21  the proposed charter school will be located [. If applicable, a

5-22  committee may submit an application] or directly to the

5-23  Subcommittee on Charter Schools . [pursuant to subsection 4.] If the

5-24  board of trustees of a school district receives an application to form

5-25  a charter school, [it] the board of trustees shall consider the

5-26  application at a [regularly scheduled] meeting that must be held not

5-27  later than [30] 45 days after the receipt of the application[,] and

5-28  ensure that notice of the meeting has been provided pursuant to

5-29  chapter 241 of NRS. The board of trustees, the Subcommittee on

5-30  Charter Schools or the State Board, as applicable, shall review [an]

5-31  the application to determine whether the application:

5-32      (a) Complies with NRS 386.500 to 386.610, inclusive, and

5-33  section 2 of this act and the regulations applicable to charter

5-34  schools; and

5-35      (b) Is complete in accordance with the regulations of the

5-36  Department.

5-37      2.  The Department shall assist the board of trustees of a school

5-38  district in the review of an application. The board of trustees may

5-39  approve an application if it satisfies the requirements of paragraphs

5-40  (a) and (b) of subsection 1. The board of trusteesshall provide

5-41  written notice to the applicant of its approval or denial of the

5-42  application.

5-43      3.  If the board of trustees denies an application, it shall include

5-44  in the written notice the reasons for the denial and the deficiencies

5-45  in the application. The applicant must be granted 30 days after

6-1  receipt of the written notice to correct any deficiencies identified in

6-2  the written notice and resubmit the application.

6-3  4.  If the board of trustees denies an application after it has been

6-4  resubmitted pursuant to subsection 3, the applicant may submit a

6-5  written request for sponsorship by the State Board to the

6-6  Subcommittee on Charter Schools created pursuant to NRS 386.507

6-7  not more than 30 days after receipt of the written notice of denial.

6-8  [If an applicant proposes to form a charter school exclusively for the

6-9  enrollment of pupils who receive special education pursuant to NRS

6-10  388.440 to 388.520, inclusive, the applicant may submit the written

6-11  request and application directly to the Subcommittee without first

6-12  seeking approval from the board of trustees of a school district.]

6-13  Any request that is submitted pursuant to this subsection must be

6-14  accompanied by the application to form the charter school.

6-15      5.  If the Subcommittee receives [a request] an application

6-16  pursuant to subsection 1 or4, it shall hold a meeting to consider the

6-17  [request and the] application. The meeting must be held not later

6-18  than [30] 45 days after receipt of the application. Notice of the

6-19  meeting must be posted in accordance with chapter 241 of NRS.

6-20  The Subcommittee shall review the application in accordance with

6-21  the factors set forth in paragraphs (a) and (b) of subsection 1. The

6-22  Subcommittee shall approve an application if it satisfies the

6-23  requirements of paragraphs (a) and (b) of subsection 1.

6-24      6.  The Subcommittee shall transmit the application and the

6-25  recommendation of the Subcommittee for approval or denial of the

6-26  application to the State Board. Not more than 14 days after the date

6-27  of the meeting of the Subcommittee pursuant to subsection 5, the

6-28  State Board shall hold a meeting to consider the recommendation of

6-29  the Subcommittee. Notice of the meeting must be posted in

6-30  accordance with chapter 241 of NRS. The State Board shall review

6-31  the application in accordance with the factors set forth in paragraphs

6-32  (a) and (b) of subsection 1. The State Board shall approve an

6-33  application if it satisfies the requirements of paragraphs (a) and (b)

6-34  of subsection 1. Not more than 30 days after the meeting, the State

6-35  Board shall provide written notice of its determination to the

6-36  applicant.

6-37      7.  If the State Board denies the application, the applicant may,

6-38  not more than 30 days after the receipt of the written notice from the

6-39  State Board, appeal the final determination to the district court of

6-40  the county in which the proposed charter school will be located.

6-41      Sec. 8.  NRS 386.527 is hereby amended to read as follows:

6-42      386.527  1.  If the State Board or the board of trustees of a

6-43  school district approves an application to form a charter school, it

6-44  shall grant a written charter to the applicant. The State Board or the

6-45  board of trustees, as applicable, shall, not later than 10 days after the

7-1  approval of the application, provide written notice to the

7-2  Department of the approval and the date of the approval. If the

7-3  board of trustees approves the application, the board of trustees shall

7-4  be deemed the sponsor of the charter school. If the State Board

7-5  approves the application:

7-6  (a) The State Board shall be deemed the sponsor of the charter

7-7  school.

7-8  (b) Neither the State of Nevada, the State Board nor the

7-9  Department is an employer of the members of the governing body of

7-10  the charter school or any of the employees of the charter school.

7-11      2.  Except as otherwise provided in subsection 4, a written

7-12  charter must be for a term of 6 years unless the governing body of a

7-13  charter school renews its initial charter after 3 years of operation

7-14  pursuant to subsection 2 of NRS 386.530. A written charter must

7-15  include all conditions of operation set forth in paragraphs (a) to (o),

7-16  inclusive, of subsection 2 of NRS 386.520 and include the kind of

7-17  school, as defined in subsections 1 to 4, inclusive, of NRS 388.020

7-18  for which the charter school is authorized to operate. If the State

7-19  Board is the sponsor of the charter school, the written charter must

7-20  set forth the responsibilities of the sponsor and the charter school

7-21  with regard to the provision of services and programs to pupils with

7-22  disabilities who are enrolled in the charter school in accordance with

7-23  the Individuals with Disabilities Education Act, 20 U.S.C. §§ 1400

7-24  et seq., and NRS 388.440 to 388.520, inclusive. As a condition of

7-25  the issuance of a written charter pursuant to this subsection, the

7-26  charter school must agree to comply with all conditions of operation

7-27  set forth in NRS 386.550.

7-28      3.  The governing body of a charter school may submit to the

7-29  sponsor of the charter school a written request for an amendment of

7-30  the written charter of the charter school. Such an amendment may

7-31  include, without limitation, the expansion of instruction and other

7-32  educational services to pupils who are enrolled in grade levels other

7-33  than the grade levels of pupils currently enrolled in the charter

7-34  school if the expansion of grade levels does not change the kind of

7-35  school, as defined in NRS 388.020, for which the charter school is

7-36  authorized to operate. If the proposed amendment complies with the

7-37  provisions of this section, NRS 386.500 to 386.610, inclusive, and

7-38  section 2 of this act and any other statute or regulation applicable to

7-39  charter schools, the sponsor shall amend the written charter in

7-40  accordance with the proposed amendment. If a charter school

7-41  wishes to expand the instruction and other educational services

7-42  offered by the charter school to pupils who are enrolled in grade

7-43  levels other than the grade levels of pupils currently enrolled in the

7-44  charter school and the expansion of grade levels changes the kind of

7-45  school, as defined in NRS 388.020, for which the charter school is

8-1  authorized to operate, the governing body of the charter school must

8-2  submit a new application to form a charter school. If such an

8-3  application is approved, the charter school may continue to

8-4  operate under the same governing body and an additional

8-5  governing body does not need to be selected to operate the charter

8-6  school with the expanded grade levels.

8-7  4.  The State Board shall adopt objective criteria for the

8-8  issuance of a written charter to an applicant who is not prepared to

8-9  commence operation on the date of issuance of the written charter.

8-10  The criteria must include, without limitation, the:

8-11      (a) Period for which such a written charter is valid; and

8-12      (b) Timelines by which the applicant must satisfy certain

8-13  requirements demonstrating its progress in preparing to commence

8-14  operation.

8-15  A holder of such a written charter may apply for grants of money to

8-16  prepare the charter school for operation. A written charter issued

8-17  pursuant to this subsection must not be designated as a conditional

8-18  charter or a provisional charter or otherwise contain any other

8-19  designation that would indicate the charter is issued for a temporary

8-20  period.

8-21      5.  The holder of a written charter that is issued pursuant to

8-22  subsection 4 shall not commence operation of the charter school and

8-23  is not eligible to receive apportionments pursuant to NRS 387.124

8-24  until the sponsor has determined that the requirements adopted by

8-25  the State Board pursuant to subsection 4 have been satisfied and that

8-26  the facility the charter school will occupy has been inspected and

8-27  meets the requirements of any applicable building codes, codes for

8-28  the prevention of fire, and codes pertaining to safety, health and

8-29  sanitation. Except as otherwise provided in this subsection, the

8-30  sponsor shall make such a determination 30 days before the first day

8-31  of school for the:

8-32      (a) Schools of the school district in which the charter school is

8-33  located that operate on a traditional school schedule and not a year-

8-34  round school schedule; or

8-35      (b) Charter school,

8-36  whichever date the sponsor selects. The sponsor shall not require a

8-37  charter school to demonstrate compliance with the requirements of

8-38  this subsection more than 30 days before the date selected.

8-39  However, it may authorize a charter school to demonstrate

8-40  compliance less than 30 days before the date selected.

8-41      Sec. 9.  (Deleted by amendment.)

8-42      Sec. 10.  NRS 386.535 is hereby amended to read as follows:

8-43      386.535  1.  The sponsor of a charter school may revoke the

8-44  written charter of the charter school before the expiration of the

8-45  charter if the sponsor determines that:

9-1  (a) The charter school, its officers or its employees have failed

9-2  to comply with:

9-3       (1) The terms and conditions of the written charter;

9-4       (2) Generally accepted standards of accounting and fiscal

9-5  management; or

9-6       (3) The provisions of NRS 386.500 to 386.610, inclusive,

9-7  and section 2 of this act or any other statute or regulation applicable

9-8  to charter schools;

9-9  (b) The charter school has filed for a voluntary petition of

9-10  bankruptcy, is adjudicated bankrupt or insolvent, or is otherwise

9-11  financially impaired such that the charter school cannot continue to

9-12  operate; or

9-13      (c) There is reasonable cause to believe that revocation is

9-14  necessary to protect the health and safety of the pupils who are

9-15  enrolled in the charter school or persons who are employed by the

9-16  charter school from jeopardy, or to prevent damage to or loss of the

9-17  property of the school district or the community in which the charter

9-18  school is located.

9-19      2.  [At least 90 days before] Before the sponsor intends to

9-20  revoke a written charter, the sponsor shall provide written notice of

9-21  its intention to the governing body of the charter school . [of its

9-22  intention.] The written notice must:

9-23      (a) Include a statement of the deficiencies or reasons upon

9-24  which the action of the sponsor is based; [and

9-25      (b) Prescribe]

9-26      (b) Except as otherwise provided in subsection 4, prescribe a

9-27  period, not less than 30 days, during which the charter school may

9-28  correct the deficiencies [.] , including, without limitation, the date

9-29  on which the period to correct the deficiencies begins and the date

9-30  on which that period ends;

9-31      (c) The date on which the sponsor will make a determination

9-32  whether the charter school has corrected the deficiencies, which

9-33  determination may be made during the public hearing pursuant to

9-34  paragraph (d); and

9-35      (d) The date on which the sponsor will hold a public hearing to

9-36  consider whether to revoke the charter.

9-37      3.  Except as otherwise provided in subsection 4, not more

9-38  than 90 days after the notice is provided pursuant to subsection 2,

9-39  the sponsor shall hold a public hearing to make a determination

9-40  whether to revoke the written charter. If the charter school corrects

9-41  the deficiencies to the satisfaction of the sponsor within the time

9-42  prescribed in paragraph (b) [,] of subsection 2, the sponsor shall not

9-43  revoke the written charter of the charter school. The sponsor may

9-44  not include in a written notice pursuant to subsection 2 any

9-45  deficiency which was included in a previous written notice and

10-1  which was corrected by the charter school, unless the deficiency

10-2  recurred after being corrected.

10-3      4.  The sponsor of a charter school and the governing body of

10-4  the charter school may enter into a written agreement that

10-5  prescribes different time periods than those set forth in

10-6  subsections 2 and 3.

10-7      Sec. 11.  NRS 386.545 is hereby amended to read as follows:

10-8      386.545  1. The Department and the board of trustees of a

10-9  school district shall:

10-10     [1.] (a) Upon request, provide information to the general public

10-11  concerning the formation and operation of charter schools; and

10-12     [2.] (b) Maintain a list available for public inspection that

10-13  describes the location of each charter school . [;

10-14     3.] 2.  The sponsor of a charter school shall:

10-15     (a) Provide reasonable assistance to an applicant for a charter

10-16  school and to a charter school in carrying out the provisions of NRS

10-17  386.500 to 386.610, inclusive [;

10-18     4.], and section 2 of this act;

10-19     (b) Provide technical and other reasonable assistance to a charter

10-20  school for the operation of the charter school; and

10-21     [5.] (c) Provide information to the governing body of a charter

10-22  school concerning the availability of money for the charter school,

10-23  including, without limitation, money available from the Federal

10-24  Government.

10-25     3.  The Department shall provide appropriate information,

10-26  education and training for charter schools and the governing

10-27  bodies of charter schools concerning the applicable provisions of

10-28  title 34 of NRS and other laws and regulations that affect charter

10-29  schools and the governing bodies of charter schools.

10-30     Sec. 11.5. NRS 386.549 is hereby amended to read as follows:

10-31     386.549  1.  The governing body of a charter school must

10-32  consist of at least three teachers, as defined in subsection 4, and may

10-33  consist of, without limitation, parents and representatives of

10-34  nonprofit organizations and businesses. A majority of the members

10-35  of the governing body must reside in this state. If the membership of

10-36  the governing body changes, the governing body shall provide

10-37  written notice to the sponsor of the charter school within 10 working

10-38  days after [such] the change. A person may serve on the governing

10-39  body only if he submits an affidavit to the Department indicating

10-40  that the person has not been convicted of a felony or any offense

10-41  involving moral turpitude.

10-42     2.  The governing body of a charter school is a public body. [It]

10-43  A member of the governing body of a charter school is a public

10-44  officer and is subject to the applicable provisions of chapter 281 of

10-45  NRS. The governing body of a charter school is hereby given such

11-1  reasonable and necessary powers, not conflicting with the

11-2  Constitution and the laws of the State of Nevada, as may be

11-3  requisite to attain the ends for which the charter school is

11-4  established and to promote the welfare of pupils who are enrolled in

11-5  the charter school.

11-6      3.  The governing body of a charter school shall, during each

11-7  calendar quarter, hold at least one regularly scheduled public

11-8  meeting in the county in which the charter school is located. Each

11-9  member of the governing body may receive a salary of $80 for

11-10  each meeting of the governing body that he attends, not to exceed

11-11  $960 for 1 year. In addition, each member of the governing body

11-12  may receive payment for travel and subsistence in the same

11-13  amount that is authorized for a member of the board of trustees of

11-14  a school district pursuant to NRS 386.290.

11-15     4.  As used in subsection 1, “teacher” means a person who:

11-16     (a) Holds a current license to teach issued pursuant to chapter

11-17  391 of NRS; and

11-18     (b) Has at least 2 years of experience as an employed

11-19  teacher.

11-20  The term does not include a person who is employed as a substitute

11-21  teacher.

11-22     Sec. 12.  NRS 386.570 is hereby amended to read as follows:

11-23     386.570  1.  Each pupil who is enrolled in a charter school,

11-24  including, without limitation, a pupil who is enrolled in a program

11-25  of special education in a charter school, must be included in the

11-26  count of pupils in the school district for the purposes of

11-27  apportionments and allowances from the State Distributive School

11-28  Account pursuant to NRS 387.121 to 387.126, inclusive, unless the

11-29  pupil is exempt from compulsory attendance pursuant to NRS

11-30  392.070. A charter school is entitled to receive its proportionate

11-31  share of any other money available from federal, state or local

11-32  sources that the school or the pupils who are enrolled in the school

11-33  are eligible to receive. If a charter school receives special education

11-34  program units directly from this state, the amount of money for

11-35  special education that the school district pays to the charter school

11-36  may be reduced proportionately by the amount of money the charter

11-37  school received from this state for that purpose. If a charter school

11-38  is sponsored by the board of trustees of a school district, the

11-39  Superintendent of Public Instruction shall ensure that 0.25

11-40  percent is withheld from each quarterly apportionment made to

11-41  the charter school and deposited in the Fund for Charter Schools

11-42  created by NRS 386.576. If a charter school is sponsored by the

11-43  State Board, the Superintendent of Public Instruction shall:

12-1      (a) Ensure that 0.25 percent is withheld from each quarterly

12-2  apportionment made to the charter school and deposited in the

12-3  Fund for Charter Schools created by NRS 386.576; and

12-4      (b) Ensure that 0.25 percent is withheld from each quarterly

12-5  apportionment made to the charter school and ensure that

12-6  the money is accounted for separately to support the activities of

12-7  the State Board and the Department that are associated with the

12-8  sponsorship and oversight of charter schools.

12-9      2.  All money received by the charter school from this state or

12-10  from the board of trustees of a school district must be deposited in a

12-11  bank, credit union or other financial institution in this state. The

12-12  governing body of a charter school may negotiate with the board of

12-13  trustees of the school district and the State Board for additional

12-14  money to pay for services which the governing body wishes to offer.

12-15     3.  [Upon completion of a school year, the sponsor of a charter

12-16  school may request reimbursement from the governing body of the

12-17  charter school for the administrative costs associated with

12-18  sponsorship for that school year if the sponsor provided

12-19  administrative services during that school year. Upon receipt of such

12-20  a request, the governing body shall pay the reimbursement to the

12-21  board of trustees of the school district, if the board of trustees

12-22  sponsors the charter school, or to the Department if the State Board

12-23  sponsors the charter school. If a governing body fails to pay the

12-24  reimbursement, the charter school shall be deemed to have violated

12-25  its written charter and the sponsor may take such action to revoke

12-26  the written charter pursuant to NRS 386.535 as it deems necessary.

12-27  The amount of reimbursement that a charter school may be required

12-28  to pay pursuant to this subsection] At the beginning of each school

12-29  year, the board of trustees of each school district that sponsors a

12-30  charter school shall provide to the governing body of the charter

12-31  school a statement of the administrative services, if any, that will

12-32  be provided by the board of trustees during the school year. If the

12-33  State Board sponsors a charter school, the Department shall

12-34  provide at the beginning of each school year a statement of the

12-35  administrative services, if any, that will be provided by

12-36  the Department to the governing body during the school year. If

12-37  the sponsor of a charter school desires to receive payment for the

12-38  administrative services provided to the charter school during a

12-39  school year, the sponsor shall submit to the Department, at the

12-40  beginning of the school year, a request for payment from each

12-41  quarterly apportionment to the charter school. If the sponsor

12-42  makes such a request, the Superintendent of Public Instruction

12-43  shall ensure that an amount of money is withheld from each

12-44  quarterly apportionment to the charter school that is proportionate

12-45  to the total amount that may be withheld in 1 school year pursuant

13-1  to subsection 4 or 5, as applicable. The amount withheld must be

13-2  paid to the board of trustees or, if the State Board sponsors the

13-3  charter school, to the Department.

13-4      4.  If the board of trustees of a school district is the sponsor of

13-5  a charter school, the amount of money that may be paid to the

13-6  sponsor pursuant to subsection 3 for administrative expenses in 1

13-7  school year must not exceed:

13-8      (a) For the first year of operation of the charter school, 2 percent

13-9  of the total amount of money apportioned to the charter school

13-10  during the year pursuant to NRS 387.124.

13-11     (b) For any year after the first year of operation of the charter

13-12  school, 1 percent of the total amount of money apportioned to the

13-13  charter school during the year pursuant to NRS 387.124.

13-14     [4.] 5.  If the sponsor of a charter school is the State Board,

13-15  the amount of money that may be paid to the Department pursuant

13-16  to subsection 3 for administrative expenses in 1 school year must

13-17  not exceed:

13-18     (a) For the first year of operation of the charter school, 2

13-19  percent of the total amount of money apportioned to the charter

13-20  school during the year pursuant to NRS 387.124.

13-21     (b) For any year after the first year of operation of the charter

13-22  school, 1.5 percent of the total amount of money apportioned to

13-23  the charter school during the year pursuant to NRS 387.124.

13-24     6.  To determine the amount of money for distribution to a

13-25  charter school in its first year of operation, the count of pupils who

13-26  are enrolled in the charter school must initially be determined 30

13-27  days before the beginning of the school year of the school district,

13-28  based on the number of pupils whose applications for enrollment

13-29  have been approved by the charter school. The count of pupils who

13-30  are enrolled in the charter school must be revised on the last day of

13-31  the first school month of the school district in which the charter

13-32  school is located for the school year, based on the actual number of

13-33  pupils who are enrolled in the charter school. Pursuant to subsection

13-34  5 of NRS 387.124, the governing body of a charter school may

13-35  request that the apportionments made to the charter school in its first

13-36  year of operation be paid to the charter school 30 days before the

13-37  apportionments are otherwise required to be made.

13-38     [5.] 7. If a charter school ceases to operate as a charter school

13-39  during a school year, the remaining apportionments that would have

13-40  been made to the charter school pursuant to NRS 387.124 for that

13-41  year must be paid on a proportionate basis to the school districts

13-42  where the pupils who were enrolled in the charter school reside.

13-43     [6.] 8. The governing body of a charter school may solicit and

13-44  accept donations, money, grants, property, loans, personal services

13-45  or other assistance for purposes relating to education from members

14-1  of the general public, corporations or agencies. The governing body

14-2  may comply with applicable federal laws and regulations governing

14-3  the provision of federal grants for charter schools. The State Board

14-4  may assist a charter school that operates exclusively for the

14-5  enrollment of pupils who receive special education in identifying

14-6  sources of money that may be available from the Federal

14-7  Government or this state for the provision of educational programs

14-8  and services to such pupils.

14-9      [7.] 9. If a charter school uses money received from this state

14-10  to purchase real property, buildings, equipment or facilities, the

14-11  governing body of the charter school shall assign a security interest

14-12  in the property, buildings, equipment and facilities to the State of

14-13  Nevada.

14-14     Sec. 12.5.  NRS 386.590 is hereby amended to read as follows:

14-15     386.590  1.  Except as otherwise provided in this subsection,

14-16  at least 70 percent of the teachers who provide instruction at a

14-17  charter school must be licensed teachers. If a charter school is a

14-18  vocational school, the charter school shall, to the extent practicable,

14-19  ensure that at least 70 percent of the teachers who provide

14-20  instruction at the school are licensed teachers, but in no event may

14-21  more than 50 percent of the teachers who provide instruction at the

14-22  school be unlicensed teachers.

14-23     2.  A governing body of a charter school shall employ:

14-24     (a) If the charter school offers instruction in kindergarten or

14-25  grade 1, 2, 3, 4 or 5, a licensed teacher to teach pupils who are

14-26  enrolled in those grades.

14-27     (b) If the charter school offers instruction in grade 6, 7, 8, 9, 10,

14-28  11 or 12, a licensed teacher to teach pupils who are enrolled in those

14-29  grades for the following courses of study:

14-30         (1) English, including reading, composition and writing;

14-31         (2) Mathematics;

14-32         (3) Science; and

14-33         (4) Social studies, which includes only the subjects of

14-34  history, geography, economics and government.

14-35     (c) In addition to the requirements of paragraphs (a) and (b):

14-36         (1) If a charter school specializes in arts and humanities,

14-37  physical education or health education, a licensed teacher to teach

14-38  those courses of study.

14-39         (2) If a charter school specializes in the construction industry

14-40  or other building industry, licensed teachers to teach courses of

14-41  study relating to the industry if those teachers are employed full

14-42  time.

14-43         (3) If a charter school specializes in the construction industry

14-44  or other building industry and the school offers courses of study in

14-45  computer education, technology or business, licensed teachers to

15-1  teach those courses of study if those teachers are employed full

15-2  time.

15-3      3.  [A]Except as otherwise provided in section 2 of this act, a

15-4  charter school may employ a person who is not licensed pursuant to

15-5  the provisions of chapter 391 of NRS to teach a course of study for

15-6  which a licensed teacher is not required pursuant to subsection 2 if

15-7  the person has:

15-8      (a) A degree, a license or a certificate in the field for which he is

15-9  employed to teach at the charter school; and

15-10     (b) At least 2 years of experience in that field.

15-11     4.  [A]Except as otherwise provided in section 2 of this act, a

15-12  charter school may employ such administrators for the school as it

15-13  deems necessary. A person employed as an administrator must

15-14  possess:

15-15     (a) A master’s degree in school administration, public

15-16  administration or business administration; or

15-17     (b) If the person has at least 5 years of experience in

15-18  administration, a baccalaureate degree.

15-19     5.  A charter school shall not employ a person pursuant to this

15-20  section if his license to teach or provide other educational services

15-21  has been revoked or suspended in this state or another state.

15-22     6.  On or before November 15 of each year, a charter school

15-23  shall submit to the Department, in a format prescribed by the

15-24  Superintendent of Public Instruction, the following information for

15-25  each licensed employee who is employed by the governing body on

15-26  October 1 of that year:

15-27     (a) The amount of salary of the employee; and

15-28     (b) The designated assignment, as that term is defined by the

15-29  Department, of the employee.

15-30     Sec. 13.  NRS 387.124 is hereby amended to read as follows:

15-31     387.124  Except as otherwise provided in this section and

15-32  NRS 387.528:

15-33     1.  On or before August 1, November 1, February 1 and May 1

15-34  of each year, the Superintendent of Public Instruction shall

15-35  apportion the State Distributive School Account in the State General

15-36  Fund among the several county school districts and charter schools

15-37  in amounts approximating one-fourth of their respective yearly

15-38  apportionments less any amount set aside as a reserve. The

15-39  apportionment to a school district, computed on a yearly basis,

15-40  equals the difference between the basic support and the local funds

15-41  available pursuant to NRS 387.1235, minus all the funds attributable

15-42  to pupils who reside in the county but attend a charter school and all

15-43  the funds attributable to pupils who reside in the county and are

15-44  enrolled full-time or part-time in a program of distance education

15-45  provided by another school district or a charter school. No

16-1  apportionment may be made to a school district if the amount of the

16-2  local funds exceeds the amount of basic support. If an agreement is

16-3  not filed for a pupil who is enrolled in a program of distance

16-4  education as required by NRS 388.854, the Superintendent of Public

16-5  Instruction shall not apportion money for that pupil to the board of

16-6  trustees of the school district in which the pupil resides, or the board

16-7  of trustees or governing body that provides the program of distance

16-8  education.

16-9      2.  Except as otherwise provided in subsection 3, the

16-10  apportionment to a charter school, computed on a yearly basis, is

16-11  equal to the sum of the basic support per pupil in the county in

16-12  which the pupil resides plus the amount of local funds available per

16-13  pupil pursuant to NRS 387.1235 and all other funds available for

16-14  public schools in the county in which the pupil resides minus all the

16-15  funds attributable to pupils who are enrolled in the charter school

16-16  but are concurrently enrolled part-time in a program of distance

16-17  education provided by a school district or another charter school. If

16-18  the apportionment per pupil to a charter school is more than the

16-19  amount to be apportioned to the school district in which a pupil who

16-20  is enrolled in the charter school resides, the school district in which

16-21  the pupil resides shall pay the difference directly to the charter

16-22  school.

16-23     3.  [Except as otherwise provided in this subsection, the] The

16-24  apportionment to a charter school that is sponsored by the State

16-25  Board, computed on a yearly basis, is equal to[:

16-26     (a) The] the sum of the basic support per pupil in the county in

16-27  which the pupil resides plus the amount of local funds available per

16-28  pupil pursuant to NRS 387.1235 and all other funds available for

16-29  public schools in the county in which the pupil resides[; or

16-30     (b) The statewide average per pupil amount for pupils who are

16-31  enrolled full time, whichever is greater. If the calculation set forth in

16-32  paragraph (a) is less than the calculation pursuant to paragraph (b),

16-33  the school district in which the charter school is located shall pay

16-34  the difference directly to the charter school. If a charter school

16-35  provides a program of distance education pursuant to NRS 388.820

16-36  to 388.874, inclusive, the apportionment to the charter school for

16-37  pupils who are enrolled in the program of distance education must

16-38  be calculated as set forth in subsection 2 or 4, as applicable.] ,

16-39  minus all funds attributable to pupils who are enrolled in the

16-40  charter school but are concurrently enrolled part-time in a

16-41  program of distance education provided by a school district or

16-42  another charter school.

16-43     4.  In addition to the apportionments made pursuant to this

16-44  section, an apportionment must be made to a school district or

16-45  charter school that provides a program of distance education for

17-1  each pupil who is enrolled part-time in the program if an agreement

17-2  is filed for that pupil pursuant to NRS 388.854 or 388.858, as

17-3  applicable. The amount of the apportionment must be equal to the

17-4  percentage of the total time services are provided to the pupil

17-5  through the program of distance education per school day in

17-6  proportion to the total time services are provided during a school

17-7  day to pupils who are counted pursuant to subparagraph (2) of

17-8  paragraph (a) of subsection 1 of NRS 387.1233 for the school

17-9  district in which the pupil resides.

17-10     5.  The governing body of a charter school may submit a

17-11  written request to the Superintendent of Public Instruction to

17-12  receive, in the first year of operation of the charter school, an

17-13  apportionment 30 days before the apportionment is required to be

17-14  made pursuant to subsection 1. Upon receipt of such a request, the

17-15  Superintendent of Public Instruction may make the apportionment

17-16  30 days before the apportionment is required to be made. A charter

17-17  school may receive all four apportionments in advance in its first

17-18  year of operation.

17-19     6.  If the State Controller finds that such an action is needed to

17-20  maintain the balance in the State General Fund at a level sufficient

17-21  to pay the other appropriations from it, he may pay out the

17-22  apportionments monthly, each approximately one-twelfth of the

17-23  yearly apportionment less any amount set aside as a reserve. If such

17-24  action is needed, the State Controller shall submit a report to the

17-25  Department of Administration and the Fiscal Analysis Division of

17-26  the Legislative Counsel Bureau documenting reasons for the action.

17-27     Sec. 13.1.  NRS 388.838 is hereby amended to read as follows:

17-28     388.838  1.  The board of trustees of a school district or the

17-29  governing body of a charter school may submit an application to the

17-30  Department to provide a program of distance education. In addition,

17-31  a committee to form a charter school may submit an application to

17-32  the Department to provide a program of distance education if the

17-33  application to form the charter school submitted by the committee

17-34  pursuant to NRS 386.520 indicates that the charter school intends

17-35  to provide a program of distance education.

17-36     2.  An applicant to provide a program of distance education

17-37  may seek approval to provide a program that is comprised of one or

17-38  more courses of distance education included on the list of courses

17-39  approved by the Department pursuant to NRS 388.834 or a program

17-40  that is comprised of one or more courses of distance education

17-41  which have not been reviewed by the Department before submission

17-42  of the application.

17-43     3.  An application to provide a program of distance education

17-44  must include:

18-1      (a) All the information prescribed by the State Board by

18-2  regulation.

18-3      (b) Except as otherwise provided in this paragraph, proof

18-4  satisfactory to the Department that the program satisfies all

18-5  applicable statutes and regulations. The proof required by this

18-6  paragraph shall be deemed satisfied if the program is comprised

18-7  only of courses of distance education approved by the Department

18-8  pursuant to NRS 388.834 before submission of the application.

18-9      4.  [The] Except as otherwise provided in this subsection, the

18-10  Department shall approve an application submitted pursuant to this

18-11  section if the application satisfies the requirements of NRS 388.820

18-12  to 388.874, inclusive, and all other applicable statutes and

18-13  regulations. The Department shall deny an application to provide a

18-14  program of distance education submitted by a committee to form a

18-15  charter school if that committee’s application to form a charter

18-16  school is denied. The Department shall provide written notice to the

18-17  applicant of the Department’s approval or denial of the application.

18-18     5.  If the Department denies an application, the Department

18-19  shall include in the written notice the reasons for the denial and the

18-20  deficiencies of the application. The applicant must be granted 30

18-21  days after receipt of the written notice to correct any deficiencies

18-22  identified in the written notice and resubmit the application. The

18-23  Department shall approve an application that has been resubmitted

18-24  pursuant to this subsection if the application satisfies the

18-25  requirements of NRS 388.820 to 388.874, inclusive, and all other

18-26  applicable statutes and regulations.

18-27     Sec. 13.3.  NRS 388.854 is hereby amended to read as follows:

18-28     388.854  1.  Except as otherwise provided in this subsection,

18-29  before a pupil may enroll full time or part time in a program of

18-30  distance education that is provided by a school district other than the

18-31  school district in which the pupil resides, the pupil must obtain the

18-32  written permission of the board of trustees of the school district in

18-33  which the pupil resides. Before a pupil who is enrolled in a public

18-34  school of a school district may enroll part time in a program of

18-35  distance education that is provided by a charter school, the pupil

18-36  must obtain the written permission of the board of trustees of the

18-37  school district in which the pupil resides. A pupil who enrolls full

18-38  time in a program of distance education that is provided by a charter

18-39  school is not required to obtain the approval of the board of trustees

18-40  of the school district in which the pupil resides.

18-41     2.  If the board of trustees of a school district grants permission

18-42  pursuant to subsection 1, the board of trustees shall enter into a

18-43  written agreement with the board of trustees or governing body, as

18-44  applicable, that provides the program of distance education. A

18-45  separate agreement must be prepared for each year that a pupil

19-1  enrolls in a program of distance education. The written agreement

19-2  must:

19-3      (a) Contain a statement prepared by the board of trustees of the

19-4  school district in which the pupil resides indicating that the board of

19-5  trustees understands that the Superintendent of Public Instruction

19-6  will make appropriate adjustments in the apportionments to the

19-7  school district pursuant to NRS 387.124 to account for the pupil’s

19-8  enrollment in the program of distance education;

19-9      (b) If the pupil plans to enroll part time in the program of

19-10  distance education, contain a statement prepared by the board of

19-11  trustees of the school district in which the pupil resides and the

19-12  board of trustees or governing body that provides the program of

19-13  distance education setting forth the percentage of the total time

19-14  services will be provided to the pupil through the program of

19-15  distance education per school day in proportion to the total time

19-16  services are provided during a school day to pupils who are counted

19-17  pursuant to subparagraph (2) of paragraph (a) of subsection 1 of

19-18  NRS 387.1233 for the school district in which the pupil resides;

19-19     (c) Be signed by the board of trustees of the school district in

19-20  which the pupil resides and the board of trustees or governing body

19-21  that provides the program of distance education; and

19-22     (d) Include any other information required by the State Board by

19-23  regulation.

19-24     3.  On or before [September 1] the last day of the first school

19-25  month of each school year or [January] February 1 of each school

19-26  year, as applicable for the semester of enrollment, a written

19-27  agreement must be filed with the Superintendent of Public

19-28  Instruction for each pupil who is enrolled full time in a program of

19-29  distance education provided by a school district other than the

19-30  school district in which the pupil resides. On or before [September 1

19-31  or January]the last day of the first school month of each school

19-32  year or February 1 of each school year, as applicable for the

19-33  semester of enrollment, a written agreement must be filed with the

19-34  Superintendent of Public Instruction for each pupil who is enrolled

19-35  in a public school of the school district and who is enrolled part time

19-36  in a program of distance education provided by a charter school. If

19-37  an agreement is not filed for a pupil who is enrolled in a program of

19-38  distance education as required by this section, the Superintendent of

19-39  Public Instruction shall not apportion money for that pupil to the

19-40  board of trustees of the school district in which the pupil resides, or

19-41  the board of trustees or governing body that provides the program of

19-42  distance education.

19-43     Sec. 13.5.  NRS 388.858 is hereby amended to read as follows:

19-44     388.858  1.  If a pupil is enrolled in a charter school, he may

19-45  enroll full time in a program of distance education only if the charter

20-1  school in which he is enrolled provides the program of distance

20-2  education.

20-3      2.  Before a pupil who is enrolled in a charter school may enroll

20-4  part time in a program of distance education that is provided by a

20-5  school district or another charter school, the pupil must obtain the

20-6  written permission of the governing body of the charter school in

20-7  which the pupil is enrolled.

20-8      3.  If the governing body of a charter school grants permission

20-9  pursuant to subsection 2, the governing body shall enter into a

20-10  written agreement with the board of trustees or governing body, as

20-11  applicable, that provides the program of distance education. A

20-12  separate agreement must be prepared for each year that a pupil

20-13  enrolls in a program of distance education. The written agreement

20-14  must:

20-15     (a) Contain a statement prepared by the governing body of the

20-16  charter school in which the pupil is enrolled indicating that the

20-17  governing body understands that the Superintendent of Public

20-18  Instruction will make appropriate adjustments in the apportionments

20-19  to the charter school pursuant to NRS 387.124 to account for the

20-20  pupil’s enrollment in the program of distance education;

20-21     (b) Contain a statement prepared by the governing body of the

20-22  charter school in which the pupil is enrolled and the board of

20-23  trustees or governing body that provides the program of distance

20-24  education setting forth the percentage of the total time services will

20-25  be provided to the pupil through the program of distance education

20-26  per school day in proportion to the total time services are provided

20-27  during a school day to pupils who are counted pursuant to

20-28  subparagraph (2) of paragraph (a) of subsection 1 of NRS 387.1233

20-29  for the school district in which the pupil resides;

20-30     (c) Be signed by the governing body of the charter school in

20-31  which the pupil is enrolled and the board of trustees or governing

20-32  body that provides the program of distance education; and

20-33     (d) Include any other information required by the State Board by

20-34  regulation.

20-35     4.  On or before [September 1 or January] the last day of the

20-36  first school month of each school year or February 1 of each

20-37  schoolyear, as applicable for the semester of enrollment, a written

20-38  agreement must be filed with the Superintendent of Public

20-39  Instruction for each pupil who is enrolled in a charter school and

20-40  who is enrolled part time in a program of distance education

20-41  provided by a school district or another charter school. If an

20-42  agreement is not filed for such a pupil, the Superintendent of Public

20-43  Instruction shall not apportion money for that pupil to the governing

20-44  body of the charter school in which the pupil is enrolled, or the

21-1  board of trustees or governing body that provides the program of

21-2  distance education.

21-3      Sec. 13.7.  NRS 388.866 is hereby amended to read as follows:

21-4      388.866  1.  The board of trustees of a school district or the

21-5  governing body of a charter school that provides a program of

21-6  distance education shall ensure that, for each course offered through

21-7  the program, a teacher:

21-8      (a) Provides the work assignments to each pupil enrolled in the

21-9  course that are necessary for the pupil to complete the course; and

21-10     (b) Meets or otherwise communicates with the pupil at least

21-11  once each week during the course to discuss the pupil’s progress.

21-12     2.  If a course offered through a program of distance education

21-13  is a core academic subject, as defined in NRS 389.018, the teacher

21-14  who fulfills the requirements of subsection 1 must be a [licensed

21-15  teacher.] :

21-16     (a) Licensed teacher; or

21-17     (b) Teacher, instructor or professor who provides instruction

21-18  at a community college or university.

21-19     Sec. 13.9.  NRS 388.874 is hereby amended to read as follows:

21-20     388.874  1.  The State Board shall adopt regulations that

21-21  prescribe:

21-22     (a) The process for submission of an application by a person or

21-23  entity for inclusion of a course of distance education on the list

21-24  prepared by the Department pursuant to NRS 388.834 and the

21-25  contents of the application;

21-26     (b) The process for submission of an application by the board of

21-27  trustees of a school district , [or] the governing body of a charter

21-28  school or a committee to form a charter school to provide a

21-29  program of distance education and the contents of the application;

21-30     (c) The qualifications and conditions for enrollment that a pupil

21-31  must satisfy to enroll in a program of distance education, consistent

21-32  with NRS 388.850;

21-33     (d) A method for reporting to the Department the number of

21-34  pupils who are enrolled in a program of distance education and the

21-35  attendance of those pupils;

21-36     (e) The requirements for assessing the achievement of pupils

21-37  who are enrolled in a program of distance education, which must

21-38  include, without limitation, the administration of the achievement

21-39  and proficiency examinations required pursuant to NRS 389.015 and

21-40  389.550; and

21-41     (f) A written description of the process pursuant to which the

21-42  State Board may revoke its approval for the operation of a program

21-43  of distance education.

22-1      2.  The State Board may adopt regulations as it determines are

22-2  necessary to carry out the provisions of NRS 388.820 to 388.874,

22-3  inclusive.

22-4      Sec. 14.  NRS 389.632 is hereby amended to read as follows:

22-5      389.632  1.  Except as otherwise provided in subsection 8, if

22-6  the Department determines:

22-7      (a) That at least one irregularity in testing administration

22-8  occurred at a school, including, without limitation, a charter school,

22-9  during 1 school year on the examinations administered pursuant to

22-10  NRS 389.015, excluding the high school proficiency examination;

22-11     (b) That in the immediately succeeding school year, at least one

22-12  additional irregularity in testing administration occurred at that

22-13  school on the examinations administered pursuant to NRS 389.015,

22-14  excluding the high school proficiency examination; and

22-15     (c) Based upon the criteria set forth in subsection 5, that the

22-16  irregularities described in paragraphs (a) and (b) warrant an

22-17  additional administration of the examinations,

22-18  the Department shall notify the school and the school district in

22-19  which the school is located that the school is required to provide for

22-20  an additional administration of the examinations to pupils who are

22-21  enrolled in a grade that is required to take the examinations pursuant

22-22  to NRS 389.015, excluding the high school proficiency

22-23  examination, or to the pupils the Department determines must take

22-24  the additional administration pursuant to subsection 6. The

22-25  additional administration must occur in the same school year in

22-26  which the irregularity described in paragraph (b) occurred. [The]

22-27  Except as otherwise provided in this subsection, the school district

22-28  shall pay for all costs related to the administration of examinations

22-29  pursuant to this subsection. If a charter school is required to

22-30  administer examinations pursuant to this subsection, the charter

22-31  school shall pay for all costs related to the administration of the

22-32  examinations to pupils enrolled in the charter school.

22-33     2.  If the Department determines that:

22-34     (a) At least one irregularity in testing administration occurred at

22-35  a school, including, without limitation, a charter school, during 1

22-36  school year on the examinations administered pursuant to

22-37  NRS 389.550;

22-38     (b) In the immediately succeeding school year, at least one

22-39  additional irregularity in testing administration occurred at that

22-40  school on the examinations administered pursuant to NRS 389.550;

22-41  and

22-42     (c) Based upon the criteria set forth in subsection 5, that the

22-43  irregularities described in paragraphs (a) and (b) warrant an

22-44  additional administration of the examinations,

23-1  the Department shall notify the school and the school district in

23-2  which the school is located that the school is required to provide for

23-3  an additional administration of the examinations to pupils who are

23-4  enrolled in a grade that is required to take the examinations pursuant

23-5  to NRS 389.550 or to the pupils the Department determines must

23-6  take the additional administration pursuant to subsection 6. The

23-7  additional administration must occur in the same school year in

23-8  which the irregularity described in paragraph (b) occurred. [The]

23-9  Except as otherwise provided in this subsection, the school district

23-10  shall pay for all costs related to the administration of examinations

23-11  pursuant to this subsection. If a charter school is required to

23-12  administer examinations pursuant to this subsection, the charter

23-13  school shall pay for all costs related to the administration of the

23-14  examinations to pupils enrolled in the charter school.

23-15     3.  If the Department determines that:

23-16     (a) At least one irregularity in testing administration occurred at

23-17  a school, including, without limitation, a charter school, during 1

23-18  school year on the examinations administered pursuant to NRS

23-19  389.015, excluding the high school proficiency examination;

23-20     (b) In the immediately succeeding school year, at least one

23-21  additional irregularity in testing administration occurred at that

23-22  school on the examinations administered pursuant to NRS 389.550;

23-23  and

23-24     (c) Based upon the criteria set forth in subsection 5, that the

23-25  irregularities described in paragraphs (a) and (b) warrant an

23-26  additional administration of the examinations,

23-27  the Department shall notify the school and the school district in

23-28  which the school is located that the school is required to provide for

23-29  an additional administration of the examinations to pupils who are

23-30  enrolled in a grade that is required to take the examinations pursuant

23-31  to NRS 389.550 or to the pupils the Department determines must

23-32  take the additional administration pursuant to subsection 6. The

23-33  additional administration must occur in the same school year in

23-34  which the irregularity described in paragraph (b) occurred. [The]

23-35  Except as otherwise provided in this subsection, the school district

23-36  shall pay for all costs related to the administration of examinations

23-37  pursuant to this subsection. If a charter school is required to

23-38  administer examinations pursuant to this subsection, the charter

23-39  school shall pay for all costs related to the administration of the

23-40  examinations to pupils enrolled in the charter school.

23-41     4.  Except as otherwise provided in subsection 8, if the

23-42  Department determines that:

23-43     (a) At least one irregularity in testing administration occurred at

23-44  a school, including, without limitation, a charter school, during 1

24-1  school year on the examinations administered pursuant to

24-2  NRS 389.550;

24-3      (b) In the immediately succeeding school year, at least one

24-4  additional irregularity in testing administration occurred at that

24-5  school on the examinations administered pursuant to NRS 389.015,

24-6  excluding the high school proficiency examination; and

24-7      (c) Based upon the criteria set forth in subsection 5, that the

24-8  irregularities described in paragraphs (a) and (b) warrant an

24-9  additional administration of the examinations,

24-10  the Department shall notify the school and the school district in

24-11  which the school is located that the school is required to provide for

24-12  an additional administration of the examinations to pupils who are

24-13  enrolled in a grade that is required to take the examinations pursuant

24-14  to NRS 389.015, excluding the high school proficiency

24-15  examination, or to the pupils the Department determines must take

24-16  the additional administration pursuant to subsection 6. The

24-17  additional administration must occur in the same school year in

24-18  which the irregularity described in paragraph (b) occurred. [The]

24-19  Except as otherwise provided in this subsection, the school district

24-20  shall pay for all costs related to the administration of examinations

24-21  pursuant to this subsection. If a charter school is required to

24-22  administer examinations pursuant to this subsection, the charter

24-23  school shall pay for all costs related to the administration of the

24-24  examinations to pupils enrolled in the charter school.

24-25     5.  In determining whether to require a school to provide for an

24-26  additional administration of examinations pursuant to this section,

24-27  the Department shall consider:

24-28     (a) The effect of each irregularity in testing administration,

24-29  including, without limitation, whether the irregularity required the

24-30  scores of pupils to be invalidated; and

24-31     (b) Whether sufficient time remains in the school year to

24-32  provide for an additional administration of examinations.

24-33     6.  If the Department determines pursuant to subsection 5 that a

24-34  school must provide for an additional administration of

24-35  examinations, the Department may consider whether the most recent

24-36  irregularity in testing administration affected the test scores of a

24-37  limited number of pupils and require the school to provide an

24-38  additional administration of examinations pursuant to this section

24-39  only to those pupils whose test scores were affected by the most

24-40  recent irregularity.

24-41     7.  The Department shall provide as many notices pursuant to

24-42  this section during 1 school year as are applicable to the

24-43  irregularities occurring at a school. A school shall provide for

24-44  additional administrations of examinations pursuant to this section

25-1  within 1 school year as applicable to the irregularities occurring at

25-2  the school.

25-3      8.  If a school is required to provide an additional

25-4  administration of examinations pursuant to subsection 2 of NRS

25-5  385.368 for a school year, the school is not required to provide for

25-6  an additional administration pursuant to subsection 1 or 4 in that

25-7  school year. The Department shall ensure that the information

25-8  required pursuant to paragraph (b) of subsection 3 of NRS 389.648

25-9  is included in its report for the additional administration provided by

25-10  such a school pursuant to subsection 2 of NRS 385.368.

25-11     Sec. 15.  NRS 391.033 is hereby amended to read as follows:

25-12     391.033  1.  All licenses for teachers and other educational

25-13  personnel are granted by the Superintendent of Public Instruction

25-14  pursuant to regulations adopted by the Commission and as

25-15  otherwise provided by law.

25-16     2.  An application for the issuance of a license must include the

25-17  social security number of the applicant.

25-18     3.  Every applicant for a license must submit with his

25-19  application a complete set of his fingerprints and written permission

25-20  authorizing the Superintendent to forward the fingerprints to the

25-21  Federal Bureau of Investigation and to the Central Repository for

25-22  Nevada Records of Criminal History for their reports on the

25-23  criminal history of the applicant.

25-24     4.  The Superintendent may issue a provisional license pending

25-25  receipt of the reports of the Federal Bureau of Investigation and the

25-26  Central Repository for Nevada Records of Criminal History if he

25-27  determines that the applicant is otherwise qualified.

25-28     5.  A license must be issued to an applicant if:

25-29     (a) The Superintendent determines that the applicant is

25-30  qualified;

25-31     (b) The reports on the criminal history of the applicant from the

25-32  Federal Bureau of Investigation and the Central Repository for

25-33  Nevada Records of Criminal History:

25-34         (1) Do not indicate that the applicant has been convicted of a

25-35  felony or any offense involving moral turpitude; or

25-36         (2) Indicate that the applicant has been convicted of a felony

25-37  or an offense involving moral turpitude but the Superintendent

25-38  determines that the conviction is unrelated to the position within the

25-39  county school district or charter school for which the applicant

25-40  applied; and

25-41     (c) The applicant submits the statement required pursuant to

25-42  NRS 391.034.

 

 

 

26-1      Sec. 16.  NRS 179A.075 is hereby amended to read as follows:

26-2      179A.075  1.  The Central Repository for Nevada Records of

26-3  Criminal History is hereby created within the Nevada Highway

26-4  Patrol Division of the Department.

26-5      2.  Each agency of criminal justice and any other agency

26-6  dealing with crime or delinquency of children shall:

26-7      (a) Collect and maintain records, reports and compilations of

26-8  statistical data required by the Department; and

26-9      (b) Submit the information collected to the Central Repository

26-10  in the manner recommended by the Advisory Committee and

26-11  approved by the Director of the Department.

26-12     3.  Each agency of criminal justice shall submit the information

26-13  relating to sexual offenses and other records of criminal history that

26-14  it creates or issues, and any information in its possession relating to

26-15  the genetic markers of a biological specimen of a person who is

26-16  convicted of an offense listed in subsection 4 of NRS 176.0913, to

26-17  the Division in the manner prescribed by the Director of the

26-18  Department. The information must be submitted to the Division:

26-19     (a) Through an electronic network;

26-20     (b) On a medium of magnetic storage; or

26-21     (c) In the manner prescribed by the Director of the

26-22  Department,

26-23  within the period prescribed by the Director of the Department. If an

26-24  agency has submitted a record regarding the arrest of a person who

26-25  is later determined by the agency not to be the person who

26-26  committed the particular crime, the agency shall, immediately upon

26-27  making that determination, so notify the Division. The Division

26-28  shall delete all references in the Central Repository relating to that

26-29  particular arrest.

26-30     4.  The Division shall, in the manner prescribed by the Director

26-31  of the Department:

26-32     (a) Collect, maintain and arrange all information submitted to it

26-33  relating to:

26-34         (1) Sexual offenses and other records of criminal history; and

26-35         (2) The genetic markers of a biological specimen of a person

26-36  who is convicted of an offense listed in subsection 4 of

26-37  NRS 176.0913.

26-38     (b) When practicable, use a record of the personal identifying

26-39  information of a subject as the basis for any records maintained

26-40  regarding him.

26-41     (c) Upon request, provide the information that is contained in

26-42  the Central Repository to the State Disaster Identification Team of

26-43  the Division of Emergency Management of the Department.

26-44     5.  The Division may:

27-1      (a) Disseminate any information which is contained in the

27-2  Central Repository to any other agency of criminal justice;

27-3      (b) Enter into cooperative agreements with federal and state

27-4  repositories to facilitate exchanges of information that may be

27-5  disseminated pursuant to paragraph (a); and

27-6      (c) Request of and receive from the Federal Bureau of

27-7  Investigation information on the background and personal history of

27-8  any person whose record of fingerprints the Central Repository

27-9  submits to the Federal Bureau of Investigation and:

27-10         (1) Who has applied to any agency of the State of Nevada or

27-11  any political subdivision thereof for a license which it has the power

27-12  to grant or deny;

27-13         (2) With whom any agency of the State of Nevada or any

27-14  political subdivision thereof intends to enter into a relationship of

27-15  employment or a contract for personal services;

27-16         (3) About whom any agency of the State of Nevada or any

27-17  political subdivision thereof has a legitimate need to have accurate

27-18  personal information for the protection of the agency or the persons

27-19  within its jurisdiction; or

27-20         (4) For whom such information is required to be obtained

27-21  pursuant to NRS 449.179.

27-22     6.  The Central Repository shall:

27-23     (a) Collect and maintain records, reports and compilations of

27-24  statistical data submitted by any agency pursuant to subsection 2.

27-25     (b) Tabulate and analyze all records, reports and compilations of

27-26  statistical data received pursuant to this section.

27-27     (c) Disseminate to federal agencies engaged in the collection of

27-28  statistical data relating to crime information which is contained in

27-29  the Central Repository.

27-30     (d) Investigate the criminal history of any person who:

27-31         (1) Has applied to the Superintendent of Public Instruction

27-32  for a license;

27-33         (2) Has applied to a county school district or charter school

27-34  for employment; or

27-35         (3) Is employed by a county school district[,] or charter

27-36  school,

27-37  and notify the superintendent of each county school district , the

27-38  governing body of each charter school and the Superintendent of

27-39  Public Instruction if the investigation of the Central Repository

27-40  indicates that the person has been convicted of a violation of NRS

27-41  200.508, 201.230, 453.3385, 453.339 or 453.3395, or convicted of a

27-42  felony or any offense involving moral turpitude.

27-43     (e) Upon discovery, notify the superintendent of each county

27-44  school district and the governing body of each charter school by

27-45  providing [him with] a list of all persons:

28-1          (1) Investigated pursuant to paragraph (d); or

28-2          (2) Employed by a county school district or charter school

28-3  whose fingerprints were sent previously to the Central Repository

28-4  for investigation,

28-5  who the Central Repository’s records indicate have been convicted

28-6  of a violation of NRS 200.508, 201.230, 453.3385, 453.339 or

28-7  453.3395, or convicted of a felony or any offense involving moral

28-8  turpitude since the Central Repository’s initial investigation. The

28-9  superintendent of each county school district or the governing body

28-10  of a charter school, as applicable, shall determine whether further

28-11  investigation or action by the district or governing body is

28-12  appropriate.

28-13     (f) Investigate the criminal history of each person who submits

28-14  fingerprints or has his fingerprints submitted pursuant to NRS

28-15  449.176 or 449.179.

28-16     (g) On or before July 1 of each year, prepare and present to the

28-17  Governor a printed annual report containing the statistical data

28-18  relating to crime received during the preceding calendar year.

28-19  Additional reports may be presented to the Governor throughout the

28-20  year regarding specific areas of crime if they are recommended by

28-21  the Advisory Committee and approved by the Director of the

28-22  Department.

28-23     (h) On or before July 1 of each year, prepare and submit to the

28-24  Director of the Legislative Counsel Bureau, for submission to the

28-25  Legislature, or the Legislative Commission when the Legislature is

28-26  not in regular session, a report containing statistical data about

28-27  domestic violence in this state.

28-28     (i) Identify and review the collection and processing of

28-29  statistical data relating to criminal justice and the delinquency of

28-30  children by any agency identified in subsection 2, and make

28-31  recommendations for any necessary changes in the manner of

28-32  collecting and processing statistical data by any such agency.

28-33     7.  The Central Repository may:

28-34     (a) At the recommendation of the Advisory Committee and in

28-35  the manner prescribed by the Director of the Department,

28-36  disseminate compilations of statistical data and publish statistical

28-37  reports relating to crime or the delinquency of children.

28-38     (b) Charge a reasonable fee for any publication or special report

28-39  it distributes relating to data collected pursuant to this section. The

28-40  Central Repository may not collect such a fee from an agency of

28-41  criminal justice, any other agency dealing with crime or the

28-42  delinquency of children which is required to submit information

28-43  pursuant to subsection 2 or the State Disaster Identification Team of

28-44  the Division of Emergency Management of the Department. All

29-1  money collected pursuant to this paragraph must be used to pay for

29-2  the cost of operating the Central Repository.

29-3      (c) In the manner prescribed by the Director of the Department,

29-4  use electronic means to receive and disseminate information

29-5  contained in the Central Repository that it is authorized to

29-6  disseminate pursuant to the provisions of this chapter.

29-7      8.  As used in this section:

29-8      (a) “Advisory Committee” means the Committee established by

29-9  the Director of the Department pursuant to NRS 179A.078.

29-10     (b) “Personal identifying information” means any information

29-11  designed, commonly used or capable of being used, alone or in

29-12  conjunction with any other information, to identify a person,

29-13  including, without limitation:

29-14         (1) The name, driver’s license number, social security

29-15  number, date of birth and photograph or computer generated image

29-16  of a person; and

29-17         (2) The fingerprints, voiceprint, retina image and iris image

29-18  of a person.

29-19     Sec. 17.  This act becomes effective on July 1, 2003.

 

29-20  H