[Rev. 2/10/2015 5:16:43
PM--2014R2]
CHAPTER 386 - LOCAL ADMINISTRATIVE
ORGANIZATION
SCHOOL DISTRICTS
NRS 386.010 Creation;
power to sue.
NRS 386.030 Name.
BOARDS OF TRUSTEES
NRS 386.110 Body
corporate; name.
NRS 386.120 County
school district: Number of trustees.
NRS 386.150 Superintendent
of Public Instruction to file certificates with county clerks.
NRS 386.160 Election
of trustees in county school district whose enrollment of pupils is less than
1,000; terms.
NRS 386.165 Election
of trustees in county school district whose enrollment of pupils is over
25,000; terms.
NRS 386.180 Election
of trustees in county school district other than Clark or Washoe whose
enrollment of pupils drops below 1,000 or in which resolution is adopted
pursuant to NRS 386.120.
NRS 386.190 Election
of two additional trustees in county school district whose enrollment of pupils
increases to 1,000 or more after general election; exception.
NRS 386.200 Alternate
manner of creating areas for election of trustees within county school district
whose enrollment of pupils is 25,000 or less: Procedure; election of trustees;
terms; change of boundaries of areas.
NRS 386.205 Optional
districts for election of trustees within county school district whose
enrollment of pupils is not more than 25,000: Creation; continuity in number
and terms of members of board of trustees.
NRS 386.215 Optional
districts for election of trustees within county school district whose enrollment
of pupils is not more than 25,000: Documents to be filed with county clerk.
NRS 386.225 Optional
districts for election of trustees within county school district whose
enrollment of pupils is not more than 25,000: Manner of election.
NRS 386.240 Qualifications
of trustees.
NRS 386.250 Nomination
of trustee; filing of declaration of candidacy and acceptance of candidacy.
NRS 386.260 Election
of trustees; certificate of election.
NRS 386.270 Vacancies.
NRS 386.275 Temporary
appointment of vacancy for member in active military service; term of temporary
appointment.
NRS 386.290 Subsistence
and travel for trustee.
NRS 386.300 Trustees:
Terms; oaths.
NRS 386.305 Trustees:
Interest in certain contracts prohibited.
NRS 386.310 Officers;
organization.
NRS 386.320 Salaries
of trustees; donation of salary; employment and compensation of stenographer.
NRS 386.325 Duties
of clerk.
NRS 386.330 Meetings;
quorum; broadcast of meetings on television authorized.
NRS 386.340 Seal.
NRS 386.345 Membership
in county, state and national school board associations; payment of dues,
travel and subsistence for attendance at meeting of association.
NRS 386.350 General
powers; exceptions.
NRS 386.353 Determination
of feasibility of consolidation or sharing of services, functions or personnel
with other school districts; authorization to consolidate or share services;
Committee on Local Government Finance required to adopt regulations to carry
out section.
NRS 386.355 Acceptance
of federal financial assistance for areas affected by federal activities.
NRS 386.360 Preparation
of plan for implementation of statutes; transmittal of information concerning
statutes to parents and teachers; rules. [Repealed.]
NRS 386.365 Policies
and regulations in county whose population is 100,000 or more: Procedure.
NRS 386.370 Reports
to Superintendent of Public Instruction.
NRS 386.380 Power
to administer oaths.
NRS 386.390 Acceptance
of gifts; acceptance of donation of surplus personal property from another
school district; board of trustees required to record, review and report
certain gifts; use of form by donor; transmittal of reports to Legislature.
NRS 386.410 Employment
of private legal counsel.
NRS 386.415 Agreement
to prepare lunches for elderly persons; restrictions.
PROGRAMS OF SCHOOL-BASED DECISION MAKING FOR PUBLIC SCHOOLS
WITHIN DISTRICT
NRS 386.4154 Authority
of board of trustees to prescribe rules relating to creation and administration
of program.
NRS 386.4156 Authority
of board of trustees to waive requirements of regulations for public school
adopting program.
NRS 386.4158 Authority
of State Board of Education to waive required course of study for school
council created pursuant to program.
RECYCLING OF MATERIALS; USE OF RECYCLED PRODUCTS
NRS 386.4159 Recycling
of paper, paper products and other waste materials; rules and procedures;
exception; deposit of money received.
NRS 386.416 Definitions.
NRS 386.417 Duties
of board of trustees.
NRS 386.418 Duties
of person authorized to purchase supplies, materials, goods, paper and other
products for school district.
ENVIRONMENTALLY SENSITIVE CLEANING PRODUCTS FOR FLOOR SURFACES
IN PUBLIC SCHOOLS
NRS 386.419 Legislative
declaration.
NRS 386.4195 Adoption
of standards by Department; distribution and review of sample list of approved
products; requirement for use of products; request for certain waivers by
school districts authorized.
NEVADA INTERSCHOLASTIC ACTIVITIES ASSOCIATION
NRS 386.420 Formation;
composition; purposes.
NRS 386.430 Adoption
of rules and regulations in manner provided by Nevada Administrative Procedure
Act; safety standards for spirit squads; qualifications for coaches of spirit
squads; consultation with Homeschool Advisory Councils required under certain
circumstances.
NRS 386.433 Rules
and regulations to include criteria for staging of all-star game and
participation of all-star team.
NRS 386.435 Adoption
of policy for prevention and treatment of injuries to the head which may occur
during participation; requirements of policy; annual acknowledgment of policy
by parent and pupil.
NRS 386.440 Procedures
for review of disputes; stay of decision pending court’s final judgment
prohibited.
NRS 386.450 Membership
of charter schools, private schools and parochial schools.
NRS 386.460 Applicability
of regulations and requirements to charter schools, private schools and
parochial schools.
NRS 386.462 Participation
by homeschooled children; applicability of provisions to homeschooled children.
NRS 386.463 Limitation
on challenges based upon participation by homeschooled children.
NRS 386.464 Limitation
on adoption of regulations and rules by school districts and schools concerning
eligibility and participation of homeschooled children.
NRS 386.465 Requests
to join similar association in another state.
NRS 386.470 Determination
of liability of Association and public school belonging to similar association
in another state.
CHARTER SCHOOLS
General Provisions
NRS 386.490 Definitions.
NRS 386.492 “Charter
contract” defined.
NRS 386.495 “Director”
defined.
NRS 386.499 “Performance
framework” defined.
NRS 386.500 “Pupil
‘at risk’ ” defined.
NRS 386.503 “State
Public Charter School Authority” defined.
NRS 386.505 Legislative
declaration concerning formation of charter schools.
NRS 386.506 No
authority to convert public school or homeschool to charter school.
State Public Charter School Authority
NRS 386.509 Creation;
purpose.
NRS 386.5095 Appointment
and qualifications of members; terms; vacancies; selection of Chair and Vice
Chair; compensation, allowances and travel expenses.
NRS 386.5105 Meetings;
quorum.
NRS 386.511 Director:
Appointment; term; vacancy; unclassified service.
NRS 386.5115 Director:
Pursuing other employment or holding other office for profit prohibited without
approval of State Public Charter School Authority.
NRS 386.512 Director:
Duties.
NRS 386.5125 Employment
and qualifications of staff.
NRS 386.513 State
Public Charter School Authority deemed local education agency for certain
purposes; payment of special education program units by Department.
NRS 386.5135 Account
for the State Public Charter School Authority: Creation; interest and income;
use of money in Account; acceptance of gifts, grants and bequests authorized.
Sponsorship of Charter Schools; Review and Approval of
Applications to Form Charter Schools; Renewal and Revocation of Charters
NRS 386.515 Sponsorship
of charter schools by board of trustees, State Public Charter School Authority
and Nevada System of Higher Education; duties and powers of sponsor;
development of policies and practices by sponsor; grounds for revocation of
sponsorship. [Effective through December 31, 2019.]
NRS 386.515 Sponsorship
of charter schools by board of trustees, State Public Charter School Authority
and Nevada System of Higher Education; duties and powers of sponsor;
development of policies and practices by sponsor; grounds for revocation of
sponsorship. [Effective January 1, 2020.]
NRS 386.520 Membership
and duties of committee to form charter school; contents of application to form
charter school.
NRS 386.525 Submission
of application to form charter school to proposed sponsor; review of
application; written notice of approval or denial; opportunity to correct
deficiencies; appeal of denial; biennial report by Superintendent of Public
Instruction concerning status of applications.
NRS 386.527 Approval
of application; charter contract; notice to Department; determination of
sponsor; change of sponsor; requirements for commencement of operation.
[Effective through December 31, 2019.]
NRS 386.527 Approval
of application; charter contract; notice to Department; determination of
sponsor; change of sponsor; requirements for commencement of operation.
[Effective January 1, 2020.]
NRS 386.528 Incorporation
of performance framework into charter contract; establishment of annual
performance goals; revision upon renewal of charter contract; duty of sponsor
to collect, analyze and report data.
NRS 386.530 Renewal
of charter contract: Performance report by sponsor; application; criteria for
review by sponsor; notice to applicant; term of renewal.
NRS 386.535 Revocation
of written charter or termination of charter contract by sponsor: Grounds;
written notice; opportunity to correct deficiencies; public hearing; notice to
Department. [Effective through December 31, 2019.]
NRS 386.535 Termination
of charter contract by sponsor: Grounds; written notice; opportunity to correct
deficiencies; public hearing; notice to Department. [Effective January 1,
2020.]
NRS 386.5351 Revocation
of written charter or termination of charter contract by sponsor: Grounds for
revocation or termination without adherence to procedural standards based upon
ratings of charter school as underperforming; submission of written report to
Department. [Effective through December 31, 2019.]
NRS 386.5351 Termination
of charter contract by sponsor: Grounds for termination without adherence to
procedural standards based upon ratings of charter school as underperforming;
submission of written report to Department. [Effective January 1, 2020.]
NRS 386.536 Closure
of charter school; duties of governing body; written notice; written plan for
closure; financial affairs of charter school; appointment, duties and financial
compensation of trustee. [Effective through June 30, 2020.]
NRS 386.536 Closure
of charter school; duties of governing body; written notice; written plan for
closure; financial affairs of charter school; appointment, duties and financial
compensation of trustee. [Effective July 1, 2020.]
NRS 386.540 Regulations.
[Effective through December 31, 2019.]
NRS 386.540 Regulations.
[Effective January 1, 2020.]
NRS 386.545 Duty
of Department, board of trustees and sponsor to provide information and
assistance; provision of additional services by district-sponsored charter
schools; availability of summer school and Internet-based classes for certain
charter school pupils; request for additional information by Department.
NRS 386.547 Duty
of State Board to review statutes and regulations and to provide information.
Governing Body; Operation and Finances; Contracts;
Implementation of Statutes; Relations With Board of Trustees
NRS 386.549 Membership
and qualifications of governing body; powers; duty to hold public meeting on
quarterly basis; authorization of governing body to set salary for attendance
at meetings.
NRS 386.550 Operation:
General conditions; limitation on programs of distance education.
NRS 386.551 Operation:
Governing provisions.
NRS 386.5515 Operation:
Eligibility for available money for facilities for charter schools that meet
certain conditions; requirements for performance audit; exemption from annual
performance audit; quarterly financial report.
NRS 386.552 Preparation
of plan for implementation of statutes; written notice to parents and teachers
concerning statutes and plan for implementation. [Repealed.]
NRS 386.553 Operation
for profit prohibited; authorization to incorporate as nonprofit corporation.
NRS 386.555 Support
by or affiliation with religion or religious organization prohibited.
NRS 386.560 Authorization
to contract for services and facilities; donation of surplus property of school
district; authorization to acquire or purchase buildings, structures or
property; board of trustees required to allow pupil to participate in class or
activity of school district in which pupil resides.
NRS 386.561 Authorization
to contract with sponsor of charter school for certain services; annual service
agreement; sponsor required to provide itemized accounting; annual
reconciliation of difference; request for independent review by Department.
[Effective through December 31, 2019.]
NRS 386.561 Authorization
to contract with sponsor of charter school for certain services; annual service
agreement; sponsor required to provide itemized accounting; annual
reconciliation of difference; request for independent review by Department.
[Effective January 1, 2020.]
NRS 386.562 Prohibited
provisions of contracts with contractors or educational management
organizations.
NRS 386.563 Solicitation
or acceptance of gifts or money from charter school by member of board of
trustees or employee of school district prohibited; exception; penalty.
NRS 386.565 Board
of trustees prohibited from interfering with operation and management.
[Effective through December 31, 2019.]
NRS 386.565 Board
of trustees prohibited from interfering with operation and management.
[Effective January 1, 2020.]
NRS 386.570 Count
of pupils for apportionment; deposit of money; payment of quarterly sponsorship
fee to sponsor; request by charter school for reduction in sponsorship fee;
distribution in first year of operation; payment of remaining apportionments
upon cessation of operation; solicitation and acceptance of donations and
grants.
NRS 386.573 Orders
for payment of money; limitations.
NRS 386.575 Bankruptcy:
Disposition of property; immunity of State and sponsor from liability.
Account for Charter Schools
NRS 386.576 Creation;
investment; credit of interest and income; deposit of money; payment of claims;
acceptance of gifts and grants.
NRS 386.577 Authorized
uses of money in Account; limitation.
NRS 386.578 Application
for loan; requirements of contract for loan; regulations. [Effective through
December 31, 2019.]
NRS 386.578 Application
for loan; requirements of contract for loan; regulations. [Effective January 1,
2020.]
Pupils
NRS 386.580 Application
for admission; determination of enrollment; authorization to enroll certain
children first; discrimination prohibited; exception for charter school that
provides education for certain pupils; participation in class or
extracurricular activity by pupil enrolled in another school or homeschooled
child.
NRS 386.582 Transfer
of credit.
NRS 386.583 Adoption
of rules for academic retention.
NRS 386.584 Issuance
of high school diploma; approval of form for diploma by Department.
NRS 386.585 Adoption
and distribution of rules of behavior and punishments; procedure for suspension
or expulsion of pupils; adoption of rules for truancy.
Personnel
NRS 386.588 Fingerprinting
of nonlicensed applicants; review of criminal history report by Superintendent
of Public Instruction under certain circumstances; prohibition on employment of
certain applicants.
NRS 386.590 Employment
of licensed teachers required for certain instruction; certain teachers
required to possess qualifications prescribed by federal law; qualifications of
nonlicensed teachers; qualifications and employment of administrators;
limitation on salaries of administrators; submission of information to
Department.
NRS 386.593 Certain
paraprofessionals required to possess qualifications prescribed by federal law.
NRS 386.595 Employment
status; applicability of collective bargaining agreement; request by governing
body or school district for employment record; reassignment of licensed
employees upon revocation of charter, termination of charter contract or
cessation of operation; leave of absence from school district to accept
employment with charter school; reinstatement; investigation into misconduct
during leave of absence; eligibility for benefits. [Effective through December
31, 2019.]
NRS 386.595 Employment
status; applicability of collective bargaining agreement; request by governing
body or school district for employment record; reassignment of licensed
employees upon termination of charter contract or cessation of operation; leave
of absence from school district to accept employment with charter school;
reinstatement; investigation into misconduct during leave of absence;
eligibility for benefits. [Effective January 1, 2020.]
NRS 386.598 Charter
school required to designate employee authorized to administer auto-injectable
epinephrine; training for proper storage and administration.
Reports Required of Governing Body and Sponsor
NRS 386.600 Annual
reports of budget required; compilation of reports by Superintendent of Public
Instruction.
NRS 386.605 Submission
of accountability information to sponsor of charter school.
NRS 386.610 Annual
report by sponsor of charter school. [Effective through December 31, 2019.]
NRS 386.610 Annual
report by sponsor of charter school. [Effective January 1, 2020.]
Charter School Financing Law
NRS 386.612 Short
title.
NRS 386.613 Definitions.
NRS 386.614 “Bond”
or “revenue bond” defined.
NRS 386.615 “Cost
of the project” defined.
NRS 386.616 “Director
of the Department of Business and Industry” defined.
NRS 386.617 “Expense
of operation and maintenance” defined.
NRS 386.618 “Finance”
or “financing” defined.
NRS 386.619 “Financing
agreement” defined.
NRS 386.620 “Mortgage”
defined.
NRS 386.621 “Obligor”
defined.
NRS 386.622 “Project”
defined.
NRS 386.624 “Revenues”
defined.
NRS 386.628 Declaration
of legislative intent.
NRS 386.630 General
power of Director of Department of Business and Industry to issue bonds.
NRS 386.632 Prerequisites
to financing project: Findings of Director of Department of Business and
Industry; approval of findings by State Board of Finance. [Effective through
December 31, 2019.]
NRS 386.632 Prerequisites
to financing project: Findings of Director of Department of Business and
Industry; approval of findings by State Board of Finance. [Effective January 1,
2020.]
NRS 386.633 Prerequisites
to financing project: Additional considerations by Director of Department of
Business and Industry and State Board of Finance; regulations of Director.
NRS 386.634 Prerequisites
to financing project: Limitation on amount and purpose of financing;
establishment of and compliance with guidelines for financing project.
NRS 386.636 Bonds:
Special obligations of State.
NRS 386.637 Bonds:
Form and terms; sale; employment of financial and legal consultants authorized
as incidental expense to project.
NRS 386.638 Bonds:
Security.
NRS 386.639 Bonds:
Refunding.
NRS 386.640 Bonds:
Exemption from taxation; exceptions.
NRS 386.644 Limitation
of actions.
NRS 386.646 Faith
of State pledged against repeal, amendment or modification of NRS 386.612 to 386.649,
inclusive.
NRS 386.647 Sufficiency
of NRS 386.612 to 386.649,
inclusive; construction.
NRS 386.649 Regulations.
AUTOMATED SYSTEM OF ACCOUNTABILITY INFORMATION FOR NEVADA
NRS 386.650 Adoption
and maintenance of system; adoption of uniform program for school districts to
collect, maintain and transfer data to system; duties of Superintendent of
Public Instruction; access to data within system.
NRS 386.655 Operation
of system; compliance with federal law governing release and confidentiality of
records.
EMPOWERMENT SCHOOLS
General Provisions
NRS 386.700 “Empowerment
school” defined.
State Program of Empowerment
Schools; Participation in Program by School Districts; Policies of
Participating School Districts; Enrollment
NRS 386.720 Establishment
of Program; required percentage of empowerment schools in certain counties;
membership and duties of school district design team; acceptance of gifts and
grants by school district.
NRS 386.725 Adoption
of policies and procedures; school choice for pupils; enrollment of pupils in
empowerment school; no duty to provide transportation; procedure for empowerment
school to obtain waiver from school district regulations.
School Empowerment Teams; Review of School Empowerment Plans;
Waivers From Statutes and Regulations
NRS 386.730 Establishment
of empowerment team for school; exception from requirement of empowerment team;
development of empowerment plan; participation by charter schools.
NRS 386.735 Duties
of school empowerment team.
NRS 386.740 Requirements
of school empowerment plan; request for waiver from certain statutes and
regulations; budget for empowerment school and discretion over certain
percentage of money.
NRS 386.745 Review
of empowerment plan for public school or district-sponsored charter school;
opportunity to correct deficiencies; term of effectiveness; request for
amendment; review of request for waiver from statute or regulation by State
Board.
NRS 386.750 Review
of empowerment plan for State Public Charter School Authority-sponsored and
Nevada System of Higher Education-sponsored charter schools; opportunity to
correct deficiencies; term of effectiveness; request for amendment; review of
request for waiver from statute or regulation by State Board.
Reports; Compliance With Laws; Regulations
NRS 386.760 Quarterly
report by empowerment school; annual financial audit required; compilation of
reports and audits.
NRS 386.765 Compliance
with state law; exception if waiver granted; acceptance of gifts and grants by
empowerment school.
NRS 386.780 Regulations.
_________
_________
SCHOOL DISTRICTS
NRS 386.010 Creation; power to sue.
1. County school districts, the boundaries
of which are conterminous with the boundaries of the counties of the State, are
hereby created. The Carson City School District shall be considered as a county
school district.
2. Each county school district created by
this chapter is hereby declared to be a political subdivision of the State of
Nevada whose purpose is to administer the state system of public education.
3. Each school district shall have the
power to sue and may be sued.
[47:32:1956]—(NRS A 1967, 37; 1969, 336; 1971, 517)
NRS 386.030 Name. Every county
school district shall be designated by the name and style of “................
School District” (using the name of the county or city the boundaries of which
are conterminous with the boundaries of the county school district).
[49:32:1956]—(NRS A 1969, 336; 1971, 517)
BOARDS OF TRUSTEES
NRS 386.110 Body corporate; name.
1. The trustees of a school district shall
constitute a board, which is hereby created a body corporate.
2. The board of trustees of a county
school district shall be designated by the name and style of “The Board of
Trustees of the ................ School District” (using the name of the county
or city the boundaries of which are conterminous with the boundaries of the
county school district).
[57:32:1956]—(NRS A 1969, 336; 1971, 518)
NRS 386.120 County school district: Number of trustees.
1. The board of trustees of a county
school district consists of five or seven members as follows:
(a) If 1,000 or more pupils were enrolled during
the school year next preceding any general election, the board of trustees
consists of seven members. Except in school districts in which more than 25,000
pupils are enrolled, the members of the board must be elected at large until
such time as an alternate manner of election is adopted pursuant to NRS 386.200 or NRS 386.205,
386.215 and 386.225.
(b) If fewer than 1,000 pupils were enrolled
during the school year next preceding any general election, the board of
trustees consists of five members. The members of the board must be elected as
provided in NRS 386.160 until such time as an
alternate manner of election is adopted pursuant to NRS
386.200 or NRS 386.205, 386.215
and 386.225.
(c) If 1,000 or more, but fewer than 1,500 pupils
were enrolled during the school year next preceding any general election, the
board of trustees consists of seven members unless the board, on or before
December 1 in any year before a general election will be held, adopts a
resolution specifying that the board will consist of five members. If the board
consists of seven members, the election of members is governed by paragraph
(a). If the board consists of five members, the election of members is governed
by paragraph (b).
2. Before the adoption of a resolution
pursuant to paragraph (c) of subsection 1, the board of trustees shall post
conspicuously, in three different places in the school district, a notice
containing in full the text of the resolution with the date upon which the
board of trustees of the school district is to meet to act upon the resolution.
Posting of the notice must be made not less than 10 days before the date fixed
in the resolution for action thereon.
3. If a board of trustees adopts a
resolution pursuant to paragraph (c) of subsection 1, it must transmit a copy
of the resolution to the Superintendent of Public Instruction on or before
December 15 of the year before the general election will be held.
[58:32:1956]—(NRS A 1971, 1534; 1979, 1574; 1981, 723; 1987, 181; 1995, 4)
NRS 386.150 Superintendent of Public Instruction to file certificates with
county clerks.
1. On or before June 1 in any year in
which a general election is held, the Superintendent of Public Instruction
shall file with each clerk of a county whose boundaries are conterminous with a
county school district a certificate stating the total number of pupils
enrolled during that school year in the county school district.
2. On or before January 1 in any year in
which a general election is held, the Superintendent of Public Instruction
shall file with each clerk of a county whose boundaries are conterminous with a
county school district a certificate stating the number and offices of trustees
of the county school district to be filled at the next general election.
[61:32:1956]—(NRS A 1971, 518; 1993, 2207)
NRS 386.160 Election of trustees in county school district whose enrollment
of pupils is less than 1,000; terms.
1. At the general election in 1980 and
every 4 years thereafter, in a county school district where fewer than 1,000
pupils were enrolled during the preceding school year, three trustees shall be
elected at large within the district, as follows:
(a) One person who resides at the county seat;
but if less than 40 percent of the residents of the county reside at the county
seat then such person need not reside at the county seat.
(b) One person who resides in the county but not
at the county seat.
(c) One person who resides in the county but not
at the county seat; but if 80 percent or more of the residents of the county
reside at the county seat then a person who resides at the county seat may be
elected to the office.
2. At the general election in 1982 and
every 4 years thereafter, in a county school district where fewer than 1,000
pupils were enrolled during the preceding school year, two trustees shall be
elected at large within the district, as follows:
(a) One person who resides at the county seat;
but if less than 20 percent of the residents of the county reside at the county
seat then such person need not reside at the county seat.
(b) One person who resides in the county but who
resides neither at the county seat nor in any incorporated city within the
county.
3. The term of each person elected to the
office of school trustee is 4 years.
[62:32:1956]—(NRS A 1979, 1574)
NRS 386.165 Election of trustees in county school district whose enrollment
of pupils is over 25,000; terms.
1. In each county school district in which
more than 75,000 pupils are enrolled, the board of trustees shall establish
seven election districts for school trustees. The districts must be:
(a) As nearly equal in population as practicable;
and
(b) Composed of contiguous territory.
2. In each county school district in which
more than 25,000 pupils but not more than 75,000 pupils are enrolled, the board
of trustees shall establish seven election districts for school trustees, as
follows:
(a) Five districts which are as nearly equal in
population as practicable, each of which includes approximately one-fifth of
the population of the county; and
(b) Two districts which are as nearly equal in
population as practicable, each of which includes approximately one-half of the
population of the county.
Ê The
districts must be composed of contiguous territory.
3. Each trustee of a school district to
which this section applies must reside in the election district which the
trustee represents and be elected by the voters of that election district.
4. In each school district in which more
than 25,000 pupils are enrolled, the term of a school trustee is 4 years. Three
trustees must be elected at the general election of 1982 and four trustees must
be elected at the general election of 1984.
(Added to NRS by 1981, 722)
NRS 386.180 Election of trustees in county school district other than Clark
or Washoe whose enrollment of pupils drops below 1,000 or in which resolution
is adopted pursuant to NRS 386.120.
1. If the certificate of the
Superintendent of Public Instruction filed with the county clerk states that
the pupil enrollment during the preceding school year in a county school
district other than Clark or Washoe was less than 1,000, or was 1,000 or more
but less than 1,500 in a district in which the board of trustees has adopted a
resolution in accordance with NRS 386.120
specifying that the board will consist of five members, and the board of
trustees of the district is composed of seven members elected at large based
upon a previous pupil enrollment of 1,000 or more, then two of the offices of
trustee may not be filled at the next succeeding general election.
2. Thereafter, while continued pupil
enrollment in the county school district is less than 1,000, or is 1,000 or
more but less than 1,500 in a district in which the board of trustees has
adopted a resolution in accordance with NRS 386.120
specifying that the board will consist of five members, the offices of school
trustees must be filled as provided by law for school districts having pupil
enrollments of less than 1,000.
[64:32:1956]—(NRS A 1971, 1536; 1979, 1576; 1995, 4)
NRS 386.190 Election of two additional trustees in county school district
whose enrollment of pupils increases to 1,000 or more after general election;
exception.
1. If the certificate of the
Superintendent of Public Instruction filed with the county clerk states that
the pupil enrollment during the preceding school year in a county school
district was 1,000 or more, and the board of trustees of the district is
composed of five members elected as provided in NRS
386.160, then at the next succeeding general election one additional
trustee who resides at the county seat must be elected for a term of 4 years,
and one additional trustee who resides in the county but not at the county seat
must be elected for a term of 2 years.
2. Thereafter, while continued pupil
enrollment in the county school district is 1,000 or more, the offices of
school trustees must be filled as provided by law for school districts having
pupil enrollments of that size.
3. The provisions of subsections 1 and 2
do not apply in a school district in which the pupil enrollment during the
preceding school year was 1,000 or more but less than 1,500, and in which the
board of trustees of the school district has adopted a resolution specifying
that the board will consist of five members.
[65:32:1956]—(NRS A 1973, 27; 1979, 1576; 1995, 5)
NRS 386.200 Alternate manner of creating areas for election of trustees
within county school district whose enrollment of pupils is 25,000 or less:
Procedure; election of trustees; terms; change of boundaries of areas.
1. In addition to the manner of election
provided in NRS 386.205, 386.215
and 386.225, the trustees of a county school
district may be elected from school trustee election areas in the alternate
manner provided in this section.
2. Within 30 days before May 1 of any year
in which a general election is to be held in the State, 10 percent or more of
the registered voters of a county school district in which 25,000 or fewer
pupils are enrolled may file a written petition with the board of county
commissioners of the county praying for the creation of school trustee election
areas within the county school district in the manner provided in this section.
The petition must specify with particularity the school trustee election areas
proposed to be created, the number of trustees to be elected from each area,
and the manner of their nomination and election. The number of school trustee
election areas proposed must not exceed the number of trustees authorized by
law for the particular county school district. The description of the proposed
school trustee election areas need not be given by metes and bounds or by legal
subdivisions, but must be sufficient to enable a person to ascertain what
territory is proposed to be included within a particular school trustee election
area. The signatures to the petition need not all be appended to one paper, but
each signer must add to his or her name his or her place of residence, giving
the street and number whenever practicable. One of the signers of each paper
shall swear or affirm, before a person competent to administer oaths, that each
signature to the paper appended is the genuine signature of the person whose
name it purports to be.
3. Immediately after the receipt of the
petition, the board of county commissioners shall fix a date for a public
hearing to be held during the month of May, and shall give notice thereof by
publication at least once in a newspaper published in the county, or if no such
newspaper is published therein then in a newspaper published in the State of
Nevada and having a general circulation in the county. The costs of publication
of the notice is a proper charge against the county school district fund.
4. If, as a result of the public hearing,
the board of county commissioners finds that the creation of school trustee
election areas within the county school district is desirable, the board of
county commissioners shall, by resolution regularly adopted before June 1,
divide the county school district into the number of school trustee election
areas specified in the petition, designate them by number and define their
boundaries. The territory comprising each school trustee election area must be
contiguous. The resolution must further set forth the number of trustees to be
elected from each school trustee election area and the manner of their
nomination and election.
5. Before June 1 and immediately following
the adoption of the resolution creating school trustee election areas within a
county school district, the clerk of the board of county commissioners shall
transmit a certified copy of the resolution to the Superintendent of Public
Instruction.
6. Upon the creation of school trustee
election areas within a county school district the terms of office of all
trustees then in office expire on the 1st Monday of January thereafter next
following a general election. At the general election held following the
creation of school trustee election areas within a county school district,
school trustees to represent the odd-numbered school trustee election areas
must be elected for terms of 4 years and school trustees to represent the
even-numbered school trustee election areas must be elected for terms of 2
years. Thereafter, at each general election, the offices of school trustees
must be filled for terms of 4 years in the order in which the terms of office
expire.
7. A candidate for the office of trustee
of a county school district in which school trustee election areas have been
created must be a qualified elector and a resident of the school trustee
election area which he or she seeks to represent.
8. The board of county commissioners may
by resolution change the boundaries of school trustee election areas or the
manner of nomination or election of school trustees after:
(a) Holding a public hearing of which notice must
be given as provided in subsection 3; and
(b) Receiving, at the hearing or by resolution,
the consent of the board of trustees of the school district.
9. If the Superintendent of Public
Instruction certifies to the county clerk that the enrollment of pupils during
the preceding school year in a county school district was less than 1,000, or
was 1,000 or more but less than 1,500 in a district in which the board of
trustees has adopted a resolution in accordance with NRS
386.120 specifying that the board will consist of five members, and the
board of trustees of the county school district is composed of seven elected
members based upon a previous enrollment of 1,000 or more, the board of county
commissioners shall alter the school trustee election areas or change the
number of trustees to be elected from the areas, or the manner of their nomination
and election, as may be necessary to provide for reduction of the membership of
the board of trustees of the county school board from seven to five members,
and only five school trustees may thereafter be nominated and elected at the
forthcoming elections.
10. If the Superintendent of Public
Instruction certifies to the county clerk that the enrollment of pupils during
the preceding school year in a county school district was 1,000 or more, and
the board of trustees of the county school district is composed of five elected
members, the board of county commissioners shall alter the school trustee
election areas or change the number of trustees to be elected from the areas,
or the manner of their nomination and election, as may be necessary to provide
for increasing the membership of the board of trustees of the county school
district from five to seven members, and two additional school trustees must
thereafter be nominated and elected at the forthcoming elections.
11. The provisions of subsection 10 do not
apply in a school district in which the pupil enrollment during the preceding
school year was 1,000 or more but less than 1,500, and in which the board of
trustees of the school district has adopted a resolution specifying that the
board will consist of five members.
[65.1:32:1956]—(NRS A 1967, 933; 1979, 1577; 1981, 723; 1987, 181; 1995, 5)
NRS 386.205 Optional districts for election of trustees within county school
district whose enrollment of pupils is not more than 25,000: Creation;
continuity in number and terms of members of board of trustees.
1. In any county school district in which
not more than 25,000 pupils are enrolled, the board of trustees may adopt a
resolution dividing the geographical area of the school district into a number
of election districts identical to the number of trustees.
2. The election districts must:
(a) Be single-member districts.
(b) Be formed with reference to assembly
districts as far as is practicable.
(c) Have nearly equal populations as far as is
practicable.
3. This section does not authorize any
change in the number of members of the board of trustees.
4. If a board of trustees adopts a
resolution pursuant to this section, the members of the board continue to hold
office until the next following general election.
5. As used in this section, unless the
context otherwise requires, “assembly district” means any district created
pursuant to the provisions of chapter 218B
of NRS for the election of members of the Assembly.
(Added to NRS by 1987, 180)
NRS 386.215 Optional districts for election of trustees within county school
district whose enrollment of pupils is not more than 25,000: Documents to be
filed with county clerk. Copies of
maps or other documents evidencing the division of the county school district
into election districts pursuant to NRS 386.205
must be filed with the appropriate county clerk.
(Added to NRS by 1987, 180)
NRS 386.225 Optional districts for election of trustees within county school
district whose enrollment of pupils is not more than 25,000: Manner of
election.
1. Election districts created pursuant to NRS 386.205 may be constructed so that the:
(a) Voters in each election district elect a
trustee to represent them; or
(b) Trustees are elected by all of the voters in
the county school district.
Ê In either
case, each trustee must be a resident of the election district which he or she
represents throughout his or her term of office.
2. The board of trustees shall adopt a
resolution, after a public hearing on the matter, determining whether each
trustee will be elected solely by the voters in the election district of the
trustee or all of the voters in the county school district.
(Added to NRS by 1987, 180)
NRS 386.240 Qualifications of trustees. A
candidate for the office of trustee of a school district shall:
1. Be a qualified elector.
2. Have the qualifications of residence
within the county school district required for the office for which he or she
seeks election.
[69:32:1956]—(NRS A 1971, 518)
NRS 386.250 Nomination of trustee; filing of declaration of candidacy and
acceptance of candidacy.
1. Candidates for the office of trustee
shall be nominated in the manner provided by the primary election laws of this
state.
2. The declaration of candidacy and the
acceptance of a candidacy by candidates for the office of trustee of county
school districts shall be filed with the county clerk of the county whose
boundaries are conterminous with the county school district boundaries.
[70:32:1956]—(NRS A 1960, 284; 1963, 1378; 1971, 518)
NRS 386.260 Election of trustees; certificate of election.
1. Trustees shall be elected as provided
in the election laws of this state.
2. After the close of any election, and in
accordance with law, the board of county commissioners shall make abstracts of
the votes cast for trustees and shall order the county clerk to issue election
certificates to the candidates elected.
3. Immediately, the county clerk shall
transmit a copy of each election certificate to the Superintendent of Public
Instruction.
[71:32:1956]—(NRS A 1959, 810; 1960, 285; 1971, 518;
1973, 88)
NRS 386.270 Vacancies. Except
as otherwise provided in NRS 386.275:
1. Any vacancy occurring in a board of
trustees must be filled by appointment by the remaining members of the board at
a public meeting held after notice of the meeting is published at least once
each week for 2 weeks in a newspaper qualified pursuant to the provisions of chapter 238 of NRS. The appointee shall serve
until the next general election, at which time his or her successor must be
elected for the balance of the unexpired term.
2. Any person appointed to fill a vacancy
must have the qualifications provided in NRS 386.240.
[72:32:1956]—(NRS A 1971, 71; 2003, 387)
NRS 386.275 Temporary appointment of vacancy for member in active military
service; term of temporary appointment.
1. If a vacancy occurs, or will occur, in
a board of trustees because a member of the board has entered, or is entering,
into active military service, the board of trustees may appoint a person to
serve as a temporary replacement for that member. Such a temporary appointment
must be made in the manner, and subject to the requirements, otherwise
prescribed in NRS 386.270, except that the member
of the board of trustees who has entered, or is entering, into active military
service may participate in the process to appoint his or her temporary
replacement.
2. If a person is temporarily appointed to
serve on a board of trustees pursuant to this section:
(a) The person fully assumes the duties, rights
and responsibilities of a member of the board of trustees, and is entitled to
the compensation, allowances and expenses otherwise payable to a member, for
the duration of his or her appointment.
(b) The member of a board of trustees who is
temporarily replaced shall be deemed to be on leave without pay from the board
of trustees for the duration of the appointment of his or her temporary
replacement.
3. A person appointed to serve on the
board of trustees pursuant to this section serves:
(a) Until the member of the board of trustees
being temporarily replaced returns from active military service; or
(b) For the remainder of the unexpired term of
that member,
Ê whichever
occurs first.
(Added to NRS by 2003, 386)
NRS 386.290 Subsistence and travel for trustee.
1. In addition to salaries required by NRS 386.320, a trustee must be allowed:
(a) Traveling expenses for traveling each way
between the trustee’s home and the place where board meetings are held at the
rate provided for state officers and employees generally.
(b) Living expenses necessarily incurred while in
actual attendance at board meetings at the rate provided for state officers and
employees generally.
2. Claims for mileage and per diem
allowances must be allowed and paid in the same manner as other claims against
the school district fund are paid, but no claim for mileage and per diem
allowances for living expenses must be allowed or paid to a trustee residing
not more than 5 miles from the place where board meetings are held.
[74:32:1956]—(NRS A 1960, 144; 1963, 607; 1971, 253; 2007, 602, 2450)
NRS 386.300 Trustees: Terms; oaths. Each
trustee shall:
1. Enter upon the duties of office on the
1st Monday in January next following the election of the trustee.
2. Hold office until his or her successor
is elected and qualified.
3. Take and subscribe to the official
oath.
4. File with the Superintendent of Public
Instruction a copy of his or her official oath together with a statement
showing the term for which the trustee has been elected or appointed.
[75:32:1956]—(NRS A 1959, 810)
NRS 386.305 Trustees: Interest in certain contracts prohibited. A member of any board of trustees shall not be
financially interested in any contract made by the board of trustees of which
he or she is a member.
(Added to NRS by 1977, 1113)
NRS 386.310 Officers; organization.
1. The board of trustees shall meet and
organize by:
(a) Electing one of its members as president.
(b) Electing one of its members as clerk, or by
selecting some other qualified person as clerk.
(c) Electing additional officers as may be deemed
necessary.
(d) Fixing the term of office for each of its
officers.
2. A record of the organization of the board
of trustees must be entered in the minutes, together with the amount of salary
to be paid to the clerk.
3. Immediately after the organization of
the board of trustees, the clerk shall file the names of the president, the
clerk and the members of the board of trustees with the Department and the
county auditor of the county whose boundaries are conterminous with the
boundaries of the county school district.
[76:32:1956]—(NRS A 1959, 803; 1971, 519; 1973, 224; 1979, 1579; 1981, 1813)
NRS 386.320 Salaries of trustees; donation of salary; employment and
compensation of stenographer.
1. Each member of the board of trustees of
a school district in a county whose population is less than 20,000 must receive
a salary of $250 per month.
2. Each member of the board of trustees of
a school district in a county whose population is 20,000 or more but less than
100,000 must receive a salary of $400 per month.
3. Each member of the board of trustees of
a school district in a county whose population is 100,000 or more must receive
a salary of $750 per month.
4. A member of the board of trustees of a
school district who receives a salary pursuant to this section may:
(a) Donate all or a part of the monthly salary
that he or she receives to a school within the school district or to the school
district; or
(b) In lieu of making a donation after the member
receives the salary, request that all or a part of his or her monthly salary be
paid directly to a school within the school district or to the school district.
5. The board of trustees may hire a
stenographer to take the minutes of the meetings of the board of trustees, and
the stenographer may be paid a reasonable fee for each meeting attended.
[77:32:1956]—(NRS A 1957, 301; 1969, 618; 1977, 792; 1979, 1579; 1981, 1312; 1991, 284, 285; 1999, 1753; 2007, 2451)
NRS 386.325 Duties of clerk. The
clerk shall:
1. Keep the minutes and audio recordings
or transcripts of all meetings and transactions of the board of trustees.
2. Subject to the written direction of the
board of trustees, draw all orders for the payment of money belonging to the
school district.
(Added to NRS by 1969, 619; A 2005, 1412)
NRS 386.330 Meetings; quorum; broadcast of meetings on television
authorized.
1. The board of trustees shall hold a
regular meeting at least once each month, at such time and place as the board
shall determine.
2. Special meetings of the board of
trustees shall be held at the call of the president whenever there is
sufficient business to come before the board, or upon the written request of
three members of the board.
3. The clerk of the board of trustees
shall give written notice of each special meeting to each member of the board
of trustees by personal delivery of the notice of the special meeting to each
trustee at least 1 day before the meeting, or by mailing the notice to each
trustee’s residence of record, by deposit in the United States mails, postage
prepaid, at least 4 days before the meeting. The notice shall specify the time,
place and purpose of the meeting. If all of the members of the board of
trustees are present at a special meeting, the lack of notice shall not
invalidate the proceedings of the board of trustees.
4. A majority of the members of the board
of trustees shall constitute a quorum for the transaction of business, and no
action of the board of trustees shall be valid unless such action shall
receive, at a regularly called meeting, the approval of a majority of all the
members of the board of trustees.
5. In any county whose population is
55,000 or more, the board of trustees may cause each meeting of the board to be
broadcast on a television station created to provide community access to cable
television by using the facilities of the school district, county or any city
located in the county. The board of trustees and the county or city shall
cooperate fully with each other to determine:
(a) The feasibility of televising the meetings of
the board of trustees;
(b) The costs to televise the meetings of the
board of trustees for each proposed method of televising; and
(c) The number of potential viewers of the
meetings of the board of trustees for each proposed method of televising.
[78:32:1956]—(NRS A 1959, 810; 2007, 80; 2011, 1246)
NRS 386.340 Seal. The board of
trustees may adopt and use a common seal.
[79:32:1956]
NRS 386.345 Membership in county, state and national school board
associations; payment of dues, travel and subsistence for attendance at meeting
of association.
1. The board of trustees of a school
district may:
(a) Acquire and maintain membership in county,
state and national school board associations and pay dues to such associations.
(b) Pay the travel expenses and per diem
allowances of trustees at the same rate provided for state officers and
employees generally when the trustees attend county, state or national school
board association meetings.
2. Claims for dues, travel expenses and
per diem allowances authorized in subsection 1 shall be presented and allowed
as provided by law for other claims against the school district.
(Added to NRS by 1963, 607; A 1975, 33; 1979, 1579; 2007, 602)
NRS 386.350 General powers; exceptions. Each
board of trustees is hereby given such reasonable and necessary powers, not
conflicting with the Constitution and the laws of the State of Nevada, as may
be requisite to attain the ends for which the public schools, excluding charter
schools and university schools for profoundly gifted pupils, are established
and to promote the welfare of school children, including the establishment and
operation of schools and classes deemed necessary and desirable.
[80:32:1956]—(NRS A 1973, 234; 1999, 3291; 2005, 2428)
NRS 386.353 Determination of feasibility of consolidation or sharing of
services, functions or personnel with other school districts; authorization to
consolidate or share services; Committee on Local Government Finance required
to adopt regulations to carry out section.
1. The board of trustees of each school
district in this State shall determine whether any services, functions or
personnel may be feasibly consolidated or shared with one or more other school
districts in this State. Services, functions or personnel that the board of
trustees may consolidate or share with another school district include, without
limitation:
(a) Purchasing;
(b) Accounting;
(c) Recruiting;
(d) Transportation;
(e) Chief financial officer;
(f) Human resources director; and
(g) Superintendent of schools.
2. Based on the determination made
pursuant to subsection 1, the board of trustees may consolidate or share any
service, function or personnel with another school district. Nothing in this
section requires a board of trustees of a school district to enter into a
cooperative agreement for the consolidation or sharing of services, functions
or personnel with one or more school districts. The board of trustees may
establish any cost-effective and efficient method for the sharing or
consolidation of services or personnel.
3. Except as otherwise provided in this
subsection, if the board of trustees enters into an agreement with one or more
school districts for the consolidation or sharing of services, functions or
personnel, the board of trustees may join in any applicable contracts of the
other school district. The board of trustees shall not join in a contract
pursuant to this subsection if a contractor’s license issued pursuant to chapter 624 of NRS is required for any portion
of the work to be performed under the contract.
4. The Committee on Local Government
Finance created pursuant to NRS 354.105
shall adopt such regulations that are necessary or proper to assist the boards
of trustees in carrying out the provisions of this section. Such regulations
must include, without limitation:
(a) Procedures and guidelines for how boards of
trustees may efficiently and effectively consolidate or share services,
functions and personnel with other school districts. Such procedures and
guidelines should provide direction to the boards of trustees on ways to
prepare contracts or other agreements necessary to implement the provisions of
this section.
(b) In the case of sharing personnel with other
school districts, procedures for sharing the costs of the payment of premiums
or contributions for employee benefits, including, without limitation,
retirement, life insurance and health benefits.
(Added to NRS by 2011, 827;
A 2013, 69)
NRS 386.355 Acceptance of federal financial assistance for areas affected by
federal activities. Each board of
trustees may accept on behalf of and for the school district any moneys or
property under the provisions of:
1. “An Act to provide financial assistance
for local educational agencies in areas affected by federal activities, and for
other purposes,” being Public Law 874-81st Congress; and
2. “An Act relating to the construction of
school facilities in areas affected by federal activities, and for other
purposes,” being Public Law 815-81st Congress,
Ê as the same
have been amended.
(Added to NRS by 1961, 42)
NRS 386.360 Preparation of plan for implementation of statutes; transmittal
of information concerning statutes to parents and teachers; rules. Repealed. (See chapter 379, Statutes of Nevada
2013, at page 2042.)
NRS 386.365 Policies and regulations in county whose population is 100,000
or more: Procedure.
1. Except as 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.
Ê 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 the
Local Government Employee-Management Relations Act, as provided in NRS 391.3116.
(Added to NRS by 1977, 1012; A 1979, 544, 1162, 1580)
NRS 386.370 Reports to Superintendent of Public Instruction. Annually, on or before July 1 and at such
other times as the Superintendent of Public Instruction may require, each board
of trustees shall make or cause to be made a report to the Superintendent of
Public Instruction, in the manner and form prescribed by the Superintendent.
[82:32:1956]—(NRS A 1959, 803; 1979, 1581)
NRS 386.380 Power to administer oaths. Every
member of a board of trustees of a school district may administer oaths and
affirmations relating to public schools.
[83:32:1956]—(NRS A 1979, 1581)
NRS 386.390 Acceptance of gifts; acceptance of donation of surplus personal
property from another school district; board of trustees required to record,
review and report certain gifts; use of form by donor; transmittal of reports
to Legislature.
1. Each board of trustees shall have the
power to accept on behalf of and for the school district:
(a) Any gift or bequest of money or property for
a purpose deemed by the board of trustees to be suitable, and to utilize such
money or property for the purpose so designated; and
(b) Any donation of surplus personal property of
another school district made pursuant to subsection 2 of NRS 332.185.
2. Except as otherwise provided in
subsection 3, the board of trustees of each school district shall record each
gift or bequest accepted pursuant to this section and prepare a report which
includes, for each such gift or bequest:
(a) The amount of the gift or bequest of money or
the fair market value of the bequest of property, as applicable;
(b) Except as otherwise provided in subsection 4,
the name of the donor of the gift or bequest;
(c) Any instructions provided by the donor concerning
the use of the gift or bequest; and
(d) Information concerning any connection between
the donor and the board of trustees or any person responsible for the
administration of the system of public education in this State, including,
without limitation:
(1) Any contract between the donor and the
board of trustees;
(2) Any bid by the donor for a contract
with the board of trustees;
(3) If the donor is a lobbyist as defined
in NRS 218H.080, a statement of
whether the donor lobbies on issues of interest to the board of trustees or
relating to the system of public education in this State; and
(4) Any service by the donor on a
committee to form a charter school created pursuant to NRS
386.520.
3. This section does not apply to any gift
or bequest:
(a) In an amount less than $100,000, unless the
cumulative total by the same donor within a 12-month period is equal to or more
than $100,000; or
(b) That is intended for a public broadcasting
service.
4. A donor may remain anonymous for
purposes of the report prepared pursuant to subsection 2, unless the donor is
required to provide information pursuant to paragraph (d) of subsection 2.
5. The board of trustees of a school
district may submit a form to each donor that requires the donor to provide the
information required for inclusion in the report prepared pursuant to
subsection 2. If the board of trustees uses such a form, the board of trustees
may rely upon the information provided by the donor on the form for purposes of
the report required of the school district pursuant to subsection 2 and the
board of trustees is not otherwise required to verify the contents of the
information provided by the donor on the form.
6. The board of trustees of each school
district shall include the report prepared pursuant to subsection 2 on the
agenda of the next regular meeting of the board of trustees held pursuant to NRS 386.330 and review all transactions involving a
gift or bequest listed on the report that have taken place since the previous
meeting of the board of trustees.
7. On or before February 1 of each year,
the board of trustees of each school district shall transmit each report
prepared pursuant to subsection 2 in the immediately preceding year:
(a) In odd-numbered years, to the Director of the
Legislative Counsel Bureau for transmittal to the next regular session of the
Legislature; and
(b) In even-numbered years, to the Legislative
Committee on Education.
[84:32:1956]—(NRS A 2013, 1176,
1488)
NRS 386.410 Employment of private legal counsel. The
board of trustees of a school district may employ private legal counsel when
the board determines that such employment is necessary.
[86:32:1956]—(NRS A 1971, 519; 1979, 1582)
NRS 386.415 Agreement to prepare lunches for elderly persons; restrictions.
1. The board of trustees of any school
district may enter into an agreement with any individual, firm, partnership,
corporation, association or public agency which has been approved for such
purpose by the Aging and Disability Services Division of the Department of
Health and Human Services, whereby the school district agrees to prepare hot
lunches for persons 60 years of age or older and their spouses or any group of
such persons by utilizing the systems and procedures already developed for use
in the school lunch program of such district.
2. No agreement entered into by a board of
trustees of a school district pursuant to the provisions of this section may:
(a) Involve the expenditure by the school
district of any school lunch money or other public school money or the use of
any school lunch commodities or public school personnel, equipment or
facilities unless the agreement includes a provision requiring full
reimbursement therefor.
(b) Provide for payment to the school district of
any amount in excess of the estimated actual cost of food, personnel,
equipment, facilities and other necessary expenditures involved in the
performance of the agreement. The estimated actual cost shall be negotiated by
the board of trustees and the Aging and Disability Services Division of the
Department of Health and Human Services.
(c) Permit any program of hot lunches for persons
60 years of age or over and their spouses to interfere in any way with the use
of school lunch facilities for public school purposes.
(Added to NRS by 1979, 1574)
PROGRAMS OF SCHOOL-BASED DECISION MAKING FOR PUBLIC SCHOOLS
WITHIN DISTRICT
NRS 386.4154 Authority of board of trustees to prescribe rules relating to
creation and administration of program. The
board of trustees of a school district may prescribe rules relating to the
creation and administration of a program of school-based decision making for
the public schools within the district. The rules must provide:
1. For the creation of a school council;
2. For the involvement of parents and
other members of the community on and with the school council;
3. The requirements for recordkeeping by
the school council;
4. The procedure for appealing a decision
of the school council;
5. The procedure for a school to obtain a
waiver of the requirements of regulations of the board of trustees or the State
Board;
6. A method for determining the progress
of a pupil in a program of school-based decision making;
7. A method for reporting the progress of
a pupil to the pupil, the pupil’s parents or guardians, the board of trustees
and the State Board;
8. Plans for improving the schools within
the district;
9. A method for allocating money to
schools that have adopted a program of school-based decision making and for the
administration of the budget of the school district; and
10. The procedure which a school council
or board of trustees may use to withdraw from a program of school-based
decision making.
(Added to NRS by 1993, 2886; A 1995, 862; 1997, 2357)
NRS 386.4156 Authority of board of trustees to waive requirements of
regulations for public school adopting program. The
board of trustees of a school district may waive the requirements of
regulations of the board of trustees and the State Board for a public school
within the district that adopts a program of school-based decision making. The
board of trustees may not waive statutory requirements.
(Added to NRS by 1993, 2887; A 1995, 862; 1997, 2357)
NRS 386.4158 Authority of State Board of Education to waive required course
of study for school council created pursuant to program. The State Board may waive a course of study
otherwise required by statute upon application of the board of trustees of a
school district on behalf of a school council created pursuant to a program of
school-based decision making.
(Added to NRS by 1993, 2887; A 1995, 862; 1997, 2357)
RECYCLING OF MATERIALS; USE OF RECYCLED PRODUCTS
NRS 386.4159 Recycling of paper, paper products and other waste materials;
rules and procedures; exception; deposit of money received.
1. Except as otherwise provided in this
section, each school district shall recycle or cause to be recycled the paper
and paper products it uses. This subsection does not apply to confidential
documents if there is an additional cost for recycling those documents.
2. A school district is not required to
comply with the requirements of subsection 1 if the board of trustees of the
school district determines that the cost to recycle or cause to be recycled the
paper and paper products used by the schools in the district is unreasonable
and would place an undue burden on the operations of the district or a
particular school.
3. The board of trustees shall adopt rules
which prescribe the procedure for the disposition of the paper and paper
products to be recycled. The board of trustees may prescribe a procedure for
the recycling of other waste material produced on the premises of the schools
in the school district and the administrative offices of the school district.
4. Any money received by the school
district for recycling or causing to be recycled the paper and paper products
it uses must be paid by the board of trustees for credit to the general fund of
the school district.
5. As used in this section:
(a) “Paper” includes newspaper, high-grade office
paper, fine paper, bond paper, offset paper, xerographic paper, mimeo paper,
duplicator paper and any other cellulosic material which contains not more than
10 percent by weight or volume of a noncellulosic material, including, but not
limited to, a laminate, binder, coating and saturant.
(b) “Paper product” means any paper article or
commodity, including, but not limited to, paper napkins, towels, cardboard,
construction material, paper and any other cellulosic material which contains
not more than 10 percent by weight or volume of a noncellulosic material,
including, but not limited to, a laminate, binder, coating and saturant.
(Added to NRS by 1999, 3183)
NRS 386.416 Definitions. As
used in this section and NRS 386.417 and 386.418, unless the context otherwise requires:
1. “Postconsumer waste” means a finished
material which would normally be disposed of as a solid waste having completed
its life cycle as a consumer item.
2. “Recycled paper product” means all
paper and wood-pulp products containing in some combination at least 50 percent
of its total weight:
(a) Postconsumer waste; and
(b) Secondary waste,
Ê but does not
include fibrous waste generated during the manufacturing process such as fibers
recovered from wastewater or trimmings of paper machine rolls, wood slabs, chips,
sawdust or other wood residue from a manufacturing process.
3. “Secondary waste” means fragments of
products or finished products of a manufacturing process, which has converted a
virgin resource into a commodity of real economic value.
(Added to NRS by 1991, 2192)
NRS 386.417 Duties of board of trustees.
1. The board of trustees of each school
district shall review and revise the specifications for procuring goods and
products for the schools in the district to eliminate discrimination against
the procurement or purchase of recycled products whenever the quality of a
recycled product is reasonably equal to the same product manufactured with
virgin resources. Except for specifications which have been established to
preserve the public health and safety, all specifications for procurement must
be established in a manner which results in the maximum procurement and purchase
of recycled products.
2. After consultation with the State
Department of Conservation and Natural Resources, the board of trustees of each
school district shall adopt regulations governing the bidding procedure and
specifications for paper and paper products purchased by the schools in the
district that encourage the maximum purchase of recycled paper products. The
specifications must give preference to recycled paper products manufactured
with the highest percentage of recycled material.
(Added to NRS by 1991, 2193)
NRS 386.418 Duties of person authorized to purchase supplies, materials,
goods, paper and other products for school district.
1. Except as otherwise provided in this
section, the person authorized to purchase supplies and materials for each
school district shall, when purchasing goods and products for use by the school
district, give preference to recycled products if:
(a) The product meets the applicable standards;
(b) The product can be substituted for a
comparable nonrecycled product; and
(c) The product costs no more than a comparable
nonrecycled product.
2. When purchasing goods and products for
use by the school district, the person authorized to make such purchases may
give preference to recycled products if:
(a) The product meets the applicable standards;
(b) The product can be substituted for a
comparable nonrecycled product; and
(c) The product costs no more than 5 percent more
than a comparable nonrecycled product.
3. When purchasing any paper or paper
products for use by the school district, the person authorized to make such
purchases shall purchase recycled paper products if the specific recycled paper
product is:
(a) Available at a price not more than that of
paper products made from virgin material;
(b) Of adequate quality; and
(c) Available to the purchaser within a
reasonable period.
4. When purchasing any paper or paper
products for use by the school district, the person authorized to make such
purchases may purchase recycled paper products if the specific recycled paper
product is:
(a) Available at a price not more than 10 percent
higher than that of paper products made from virgin material;
(b) Of adequate quality; and
(c) Available to the purchaser within a
reasonable period.
(Added to NRS by 1991, 2193)
ENVIRONMENTALLY SENSITIVE CLEANING PRODUCTS FOR FLOOR
SURFACES IN PUBLIC SCHOOLS
NRS 386.419 Legislative declaration. The
Legislature declares that:
1. Children are particularly vulnerable to
and may be severely affected by exposure to chemicals, hazardous wastes and
other environmental hazards that may be used for cleaning and maintenance in
the public schools; and
2. It is the intent of the Legislature to
reduce the possible exposure of pupils and school personnel to potentially
hazardous chemicals and substances which are used in the cleaning and
maintenance of the public schools in this State.
(Added to NRS by 2009, 983)
NRS 386.4195 Adoption of standards by Department; distribution and review of
sample list of approved products; requirement for use of products; request for
certain waivers by school districts authorized.
1. The Department of Education shall, in
consultation with each school district, the State Department of Conservation
and Natural Resources, the Department of Health and Human Services and other
interested parties, including, without limitation, representatives of the
cleaning and maintenance product industry, nongovernmental agencies and
organizations, and parents and legal guardians of pupils enrolled in the school
district, adopt regulations setting forth the standards for environmentally
sensitive cleaning and maintenance products for use in the cleaning of all
floor surfaces in the public schools.
2. The Department shall provide a sample
list of approved environmentally sensitive cleaning and maintenance products
for use in the cleaning of all floor surfaces to each school district based
upon the standards prescribed pursuant to subsection 1.
3. The Department shall, at least every 2
years, review and may amend the sample list developed pursuant to subsection 2
as necessary.
4. Except as otherwise provided in
subsections 6 and 7, each school district shall ensure that the public schools
within the school district use only environmentally sensitive cleaning and
maintenance products in the cleaning of all floor surfaces in the public
schools within the school district in accordance with the regulations adopted
pursuant to subsection 1.
5. The board of trustees of a school
district may consult with persons who are knowledgeable and have experience in
environmentally sensitive cleaning and maintenance products to determine if the
board of trustees should:
(a) Submit a written request to the Department
pursuant to subsection 6 or 7.
(b) Use any other environmentally sensitive
cleaning and maintenance products in the public schools within the school
district pursuant to subsection 9.
6. If the board of trustees of a school
district determines that the costs associated with the purchase or use of
environmentally sensitive cleaning and maintenance products for use in the
cleaning of floor surfaces are unreasonable and would place an undue burden on
the efficient operation of the school district or a particular school within
the school district, the board of trustees may submit a written request to the
Department for a waiver from purchasing and using environmentally sensitive
cleaning and maintenance products for use in the cleaning of floor surfaces for
the school district as a whole or for a particular school or schools within the
school district.
7. If the board of trustees of a school
district determines that an environmentally sensitive cleaning and maintenance
product for use in the cleaning of floor surfaces which is not included in the
sample list developed pursuant to subsection 2 is more economically feasible or
is a more effective environmentally sensitive cleaning and maintenance product,
the board of trustees may submit a written request to the Department for a
waiver to purchase and use such an environmentally sensitive cleaning and
maintenance product that complies with the standards prescribed pursuant to
subsection 1.
8. If a waiver is granted by the
Department pursuant to subsection 6 or 7, the waiver is effective for 1 year
after the date of its approval and a renewal may be requested on an annual
basis in the manner set forth in subsection 6 or 7, as applicable.
9. In addition to the environmentally
sensitive cleaning and maintenance products for use in the cleaning of floor
surfaces in the public schools within the school district required pursuant to
subsection 1, the board of trustees of a school district may use
environmentally sensitive cleaning products for use in the cleaning of any
other surfaces.
10. The regulations adopted by the
Department must not prohibit the use of any disinfectant, sanitizer,
antimicrobial product or other cleaning product when necessary to protect the
health and welfare of the pupils enrolled in a school within the school
district and the educational personnel of the school district.
11. As used in this section,
“environmentally sensitive cleaning and maintenance products” means cleaning
and maintenance products that reduce the chemicals, hazardous wastes and other
environmental hazards to which pupils and school personnel may be exposed.
(Added to NRS by 2009, 983)
NEVADA INTERSCHOLASTIC ACTIVITIES ASSOCIATION
NRS 386.420 Formation; composition; purposes. The
county school district trustees may form a nonprofit association, to be known
as the Nevada Interscholastic Activities Association, composed of all of the
school districts of the State for the purposes of controlling, supervising and
regulating all interscholastic athletic events and other interscholastic events
in the public schools. This section does not prohibit a public school, which is
authorized by the Association to do so, from joining an association formed for
similar purposes in another state.
(Added to NRS by 1973, 316; A 1989, 689; 2005, 2824)
NRS 386.430 Adoption of rules and regulations in manner provided by Nevada
Administrative Procedure Act; safety standards for spirit squads;
qualifications for coaches of spirit squads; consultation with Homeschool
Advisory Councils required under certain circumstances.
1. The Nevada Interscholastic Activities
Association shall adopt rules and regulations in the manner provided for state
agencies by chapter 233B of NRS as may be
necessary to carry out the provisions of NRS 386.420
to 386.470, inclusive. The regulations must include
provisions governing the eligibility and participation of homeschooled children
in interscholastic activities and events. In addition to the regulations
governing eligibility, a homeschooled child who wishes to participate must have
on file with the school district in which the child resides a current notice of
intent of a homeschooled child to participate in programs and activities
pursuant to NRS 392.705.
2. The Nevada Interscholastic Activities
Association shall adopt regulations setting forth:
(a) The standards of safety for each event,
competition or other activity engaged in by a spirit squad of a school that is
a member of the Nevada Interscholastic Activities Association, which must
substantially comply with the spirit rules of the National Federation of State
High School Associations, or its successor organization; and
(b) The qualifications required for a person to
become a coach of a spirit squad.
3. If the Nevada Interscholastic
Activities Association intends to adopt, repeal or amend a policy, rule or
regulation concerning or affecting homeschooled children, the Association shall
consult with the Northern Nevada Homeschool Advisory Council and the Southern
Nevada Homeschool Advisory Council, or their successor organizations, to
provide those Councils with a reasonable opportunity to submit data, opinions
or arguments, orally or in writing, concerning the proposal or change. The
Association shall consider all written and oral submissions respecting the
proposal or change before taking final action.
4. As used in this section, “spirit squad”
means any team or other group of persons that is formed for the purpose of:
(a) Leading cheers or rallies to encourage
support for a team that participates in a sport that is sanctioned by the
Nevada Interscholastic Activities Association; or
(b) Participating in a competition against
another team or other group of persons to determine the ability of each team or
group of persons to engage in an activity specified in paragraph (a).
(Added to NRS by 1973, 316; A 2003, 2959; 2005, 2824; 2007, 1513, 3029; 2013, 538)
NRS 386.433 Rules and regulations to include criteria for staging of
all-star game and participation of all-star team. The
rules and regulations adopted by the Nevada Interscholastic Activities
Association pursuant to NRS 386.430 must provide
criteria to be used by the Association when determining whether to approve or
disapprove:
1. The staging of an all-star game,
contest or meet by any other organization; and
2. The participation of an all-star team
in a game, contest or meet regardless of whether the game, contest or meet is
approved by any other organization.
(Added to NRS by 2013, 538)
NRS 386.435 Adoption of policy for prevention and treatment of injuries to
the head which may occur during participation; requirements of policy; annual
acknowledgment of policy by parent and pupil.
1. The Nevada Interscholastic Activities
Association shall adopt a policy concerning the prevention and treatment of
injuries to the head which may occur during a pupil’s participation in
interscholastic activities and events, including, without limitation, a
concussion of the brain. The policy must provide information concerning the
nature and risk of injuries to the head which may occur during a pupil’s
participation in interscholastic activities and events, including, without
limitation, the risks associated with continuing to participate in the activity
or event after sustaining such an injury.
2. The policy adopted pursuant to
subsection 1 must require that if a pupil sustains or is suspected of
sustaining an injury to the head while participating in an interscholastic
activity or event, the pupil:
(a) Must be immediately removed from the activity
or event; and
(b) May return to the activity or event if the
parent or legal guardian of the pupil provides a signed statement of a provider
of health care indicating that the pupil is medically cleared for participation
in the activity or event and the date on which the pupil may return to the
activity or event.
3. Before a pupil participates in an
interscholastic activity or event, and on an annual basis thereafter, the pupil
and his or her parent or legal guardian:
(a) Must be provided with a copy of the policy
adopted pursuant to subsection 1; and
(b) Must sign a statement on a form prescribed by
the Nevada Interscholastic Activities Association acknowledging that the pupil
and his or her parent or guardian have read and understand the terms and
conditions of the policy.
4. As used in this section, “provider of
health care” means a physician licensed under chapter
630 or 633 of NRS, a physical therapist
licensed under chapter 640 of NRS or an
athletic trainer licensed under chapter 640B
of NRS.
(Added to NRS by 2011, 785)
NRS 386.440 Procedures for review of disputes; stay of decision pending
court’s final judgment prohibited.
1. The rules and regulations of the Nevada
Interscholastic Activities Association adopted pursuant to NRS 386.430 must provide for adequate review
procedures to determine and review disputes arising in regard to the
Association’s decisions and activities.
2. A decision of the Nevada
Interscholastic Activities Association or a decision of a person designated by
the Association to review and make final decisions on disputes on behalf of the
Association pursuant to the rules and regulations adopted pursuant to NRS 386.430 must not be stayed by a court pending the
court’s final judgment on the matter.
(Added to NRS by 1973, 316; A 2005, 2824; 2007, 1040)
NRS 386.450 Membership of charter schools, private schools and parochial
schools. The rules and regulations
adopted by the Nevada Interscholastic Activities Association must provide for
the membership of charter schools, private schools and parochial schools which
may elect to join the Association.
(Added to NRS by 1973, 316; A 1999, 3291; 2005, 2824)
NRS 386.460 Applicability of regulations and requirements to charter
schools, private schools and parochial schools. If
a charter school, private school or parochial school elects to become a member
of the Nevada Interscholastic Activities Association, the school is subject to
the same regulations and requirements and is liable for the same fees and
charges as other schools within the Association.
(Added to NRS by 1973, 316; A 1999, 3291; 2005, 2824)
NRS 386.462 Participation by homeschooled children; applicability of
provisions to homeschooled children.
1. A homeschooled child must be allowed to
participate in interscholastic activities and events in accordance with the
regulations adopted by the Nevada Interscholastic Activities Association
pursuant to NRS 386.430 if a notice of intent of a
homeschooled child to participate in programs and activities is filed for the
child with the school district in which the child resides for the current
school year pursuant to NRS 392.705.
2. The provisions of NRS 386.420 to 386.470,
inclusive, and the regulations adopted pursuant thereto that apply to pupils
enrolled in public schools who participate in interscholastic activities and
events apply in the same manner to homeschooled children who participate in
interscholastic activities and events, including, without limitation,
provisions governing:
(a) Eligibility and qualifications for
participation;
(b) Fees for participation;
(c) Insurance;
(d) Transportation;
(e) Requirements of physical examination;
(f) Responsibilities of participants;
(g) Schedules of events;
(h) Safety and welfare of participants;
(i) Eligibility for awards, trophies and medals;
(j) Conduct of behavior and performance of
participants; and
(k) Disciplinary procedures.
(Added to NRS by 2003, 2959; A 2005, 2824; 2007, 3029)
NRS 386.463 Limitation on challenges based upon participation by
homeschooled children. No
challenge may be brought by the Nevada Interscholastic Activities Association,
a school district, a public school or a private school, a parent or guardian of
a pupil enrolled in a public school or a private school, a pupil enrolled in a
public school or private school, or any other entity or person claiming that an
interscholastic activity or event is invalid because homeschooled children are
allowed to participate in the interscholastic activity or event.
(Added to NRS by 2003, 2959; A 2005, 2825)
NRS 386.464 Limitation on adoption of regulations and rules by school
districts and schools concerning eligibility and participation of homeschooled
children. A school district,
public school or private school shall not prescribe any regulations, rules,
policies, procedures or requirements governing the:
1. Eligibility of homeschooled children to
participate in interscholastic activities and events pursuant to NRS 386.420 to 386.470,
inclusive; or
2. Participation of homeschooled children
in interscholastic activities and events pursuant to NRS
386.420 to 386.470, inclusive,
Ê that are
more restrictive than the provisions governing eligibility and participation
prescribed by the Nevada Interscholastic Activities Association pursuant to NRS 386.430.
(Added to NRS by 2003, 2959; A 2005, 2825)
NRS 386.465 Requests to join similar association in another state. The rules and regulations of the Nevada
Interscholastic Activities Association must provide criteria for the approval
of requests made by public schools for authorization to join an interscholastic
activity association formed in another state.
(Added to NRS by 1989, 689; A 2005, 2825)
NRS 386.470 Determination of liability of Association and public school
belonging to similar association in another state.
1. Any liability or action against the
Nevada Interscholastic Activities Association must be determined in the same
manner and with the same limitations and conditions as provided in NRS 41.0305 to 41.039, inclusive. To this extent, the
Association shall be deemed a political subdivision of the State.
2. Any liability or action against a
public school which is a member of an association for interscholastic
activities formed in another state must be determined in the same manner and
with the same limitations and conditions as provided in NRS 41.0305 to 41.039, inclusive. To this extent, the
public school shall be deemed a political subdivision of the State.
(Added to NRS by 1973, 317; A 1987, 97; 1989, 689; 2005, 2825)
CHARTER SCHOOLS
General Provisions
NRS 386.490 Definitions. As
used in NRS 386.490 to 386.649,
inclusive, the words and terms defined in NRS 386.492
to 386.503, inclusive, have the meanings ascribed
to them in those sections.
(Added to NRS by 2011, 2353;
A 2013,
1224, 1596,
2908)
NRS 386.492 “Charter contract” defined. “Charter
contract” means the contract executed between the governing body of a charter
school and the sponsor of the charter school pursuant to NRS
386.527.
(Added to NRS by 2013, 2907)
NRS 386.495 “Director” defined. “Director”
means the Director of the State Public Charter School Authority appointed
pursuant to NRS 386.511.
(Added to NRS by 2011, 2353)
NRS 386.499 “Performance framework” defined. “Performance
framework” means the performance framework for a charter school that is
required to be incorporated into a charter contract pursuant to NRS 386.527.
(Added to NRS by 2013, 2907)
NRS 386.500 “Pupil ‘at risk’ ” defined. A
pupil is “at risk” if the pupil has an economic or academic disadvantage such
that he or she requires special services and assistance to enable him or her to
succeed in educational programs. The term includes, without limitation, pupils
who are members of economically disadvantaged families, pupils who are limited
English proficient, pupils who are at risk of dropping out of high school and
pupils who do not meet minimum standards of academic proficiency. The term does
not include a pupil with a disability.
(Added to NRS by 1997, 1843; A 2001, 3125; 2003, 19th
Special Session, 44; 2005, 1656, 1662, 2398; 2007, 1256, 2567; 2011, 2358)
NRS 386.503 “State Public Charter School Authority” defined. “State Public Charter School Authority” means
the State Public Charter School Authority created by NRS
386.509.
(Added to NRS by 2011, 2353)
NRS 386.505 Legislative declaration concerning formation of charter schools. The Legislature declares that by authorizing
the formation of charter schools it is not authorizing:
1. The conversion of an existing public
school, homeschool or other program of home study to a charter school.
2. A means for providing financial
assistance for private schools or programs of home study. The provisions of
this subsection do not preclude:
(a) A private school from ceasing to operate as a
private school and reopening as a charter school in compliance with the
provisions of NRS 386.490 to 386.649,
inclusive.
(b) The payment of money to a charter school for
the enrollment of children in classes at the charter school pursuant to subsection
5 of NRS 386.580 who are enrolled in a public
school of a school district or a private school or who are homeschooled.
3. The formation of charter schools on the
basis of a single race, religion or ethnicity.
(Added to NRS by 1997, 1843; A 1999, 3291; 2001, 3125; 2007, 1256)
NRS 386.506 No authority to convert public school or homeschool to charter
school. The provisions of NRS 386.490 to 386.649,
inclusive, do not authorize an existing public school, homeschool or other
program of home study to convert to a charter school.
(Added to NRS by 2001, 3123)
State Public Charter School Authority
NRS 386.509 Creation; purpose. The
State Public Charter School Authority is hereby created. The purpose of the
State Public Charter School Authority is to:
1. Authorize charter schools of
high-quality throughout this State with the goal of expanding the opportunities
for pupils in this State, including, without limitation, pupils who are at
risk.
2. Provide oversight to the charter
schools that it sponsors to ensure that those charter schools maintain high
educational and operational standards, preserve autonomy and safeguard the
interests of pupils and the community.
3. Serve as a model of the best practices
in sponsoring charter schools and foster a climate in this State in which all
charter schools, regardless of sponsor, can flourish.
(Added to NRS by 2011, 2353)
NRS 386.5095 Appointment and qualifications of members; terms; vacancies;
selection of Chair and Vice Chair; compensation, allowances and travel
expenses.
1. The State Public Charter School
Authority consists of seven members. The membership of the State Public Charter
School Authority consists of:
(a) Two members appointed by the Governor in
accordance with subsection 2;
(b) Two members, who must not be Legislators,
appointed by the Majority Leader of the Senate in accordance with subsection 2;
(c) Two members, who must not be Legislators,
appointed by the Speaker of the Assembly in accordance with subsection 2; and
(d) One member appointed by the Charter School
Association of Nevada or its successor organization.
2. The Governor, the Majority Leader of
the Senate and the Speaker of the Assembly shall ensure that the membership of
the State Public Charter School Authority:
(a) Includes persons with a demonstrated
understanding of charter schools and a commitment to using charter schools as a
way to strengthen public education in this State;
(b) Includes a parent or legal guardian of a
pupil enrolled in a charter school in this State;
(c) Includes persons with specific knowledge of:
(1) Issues relating to elementary and
secondary education;
(2) School finance or accounting, or both;
(3) Management practices;
(4) Assessments required in elementary and
secondary education;
(5) Educational technology; and
(6) The laws and regulations applicable to
charter schools; and
(d) Insofar as practicable, reflects the ethnic
and geographical diversity of this State.
3. Each member of the State Public Charter
School Authority must be a resident of this State.
4. After the initial terms, the term of
each member of the State Public Charter School Authority is 3 years, commencing
on July 1 of the year in which he or she is appointed. A vacancy in the
membership of the State Public Charter School Authority must be filled for the
remainder of the unexpired term in the same manner as the original appointment.
A member shall continue to serve on the State Public Charter School Authority
until his or her successor is appointed.
5. The members of the State Public Charter
School Authority shall select a Chair and Vice Chair from among its members.
After the initial selection of those officers, each of those officers holds the
position for a term of 2 years commencing on July 1 of each odd-numbered year.
If a vacancy occurs in the Chair or Vice Chair, the vacancy must be filled in
the same manner as the original selection for the remainder of the unexpired
term.
6. Each member of the State Public Charter
School Authority is entitled to receive:
(a) For each day or portion of a day during which
he or she attends a meeting of the State Public Charter School Authority a
salary of not more than $80, as fixed by the State Public Charter School
Authority; and
(b) For each day or portion of a day during which
he or she attends a meeting of the State Public Charter School Authority or is
otherwise engaged in the business of the State Public Charter School Authority
the per diem allowance and travel expenses provided for state officers and
employees generally.
(Added to NRS by 2011, 2354)
NRS 386.5105 Meetings; quorum.
1. The members of the State Public Charter
School Authority shall meet throughout the year at the times and places
specified by a call of the Chair or a majority of the members.
2. Four members of the State Public Charter
School Authority constitute a quorum, and a quorum may exercise all the power
and authority conferred on the State Public Charter School Authority.
(Added to NRS by 2011, 2355)
NRS 386.511 Director: Appointment; term; vacancy; unclassified service.
1. The State Public Charter School
Authority shall appoint a Director of the State Public Charter School Authority
for a term of 3 years. The State Public Charter School Authority shall ensure
that the Director has a demonstrated understanding of charter schools and a
commitment to using charter schools as a way to strengthen public education in
this State.
2. A vacancy in the position of Director
must be filled by the State Public Charter School Authority for the remainder
of the unexpired term.
3. The Director is in the unclassified
service of the State.
(Added to NRS by 2011, 2355)
NRS 386.5115 Director: Pursuing other employment or holding other office for
profit prohibited without approval of State Public Charter School Authority. The Director shall not pursue any other
business or occupation or hold any other office of profit without the approval
of the State Public Charter School Authority.
(Added to NRS by 2011, 2355)
NRS 386.512 Director: Duties. The
Director shall:
1. Execute, direct and supervise all
administrative, technical and procedural activities of the State Public Charter
School Authority in accordance with the policies prescribed by the State Public
Charter School Authority;
2. Organize the State Public Charter
School Authority in a manner which will ensure the efficient operation and
service of the State Public Charter School Authority;
3. Serve as the Executive Secretary of the
State Public Charter School Authority;
4. Ensure that the autonomy provided to
charter schools in this State pursuant to state law and regulations is
preserved; and
5. Perform such other duties as are
prescribed by law or the State Public Charter School Authority.
(Added to NRS by 2011, 2355)
NRS 386.5125 Employment and qualifications of staff. The
State Public Charter School Authority may employ such persons as it deems
necessary to carry out the provisions of NRS 386.490
to 386.649, inclusive. The staff employed by the
State Public Charter School Authority must be qualified to carry out the daily
responsibilities of sponsoring charter schools in accordance with the
provisions of NRS 386.490 to 386.649,
inclusive.
(Added to NRS by 2011, 2355;
A 2013,
1596)
NRS 386.513 State Public Charter School Authority deemed local education
agency for certain purposes; payment of special education program units by
Department.
1. The State Public Charter School
Authority is hereby deemed a local educational agency for the purpose of
directing the proportionate share of any money available from federal and state
categorical grant programs to charter schools which are sponsored by the State
Public Charter School Authority or a college or university within the Nevada System
of Higher Education that are eligible to receive such money. A charter school
that receives money pursuant to such a grant program shall comply with any
applicable reporting requirements to receive the grant.
2. If the charter school is eligible to
receive special education program units, the Department shall pay the special
education program units directly to the charter school.
3. As used in this section, “local
educational agency” has the meaning ascribed to it in 20 U.S.C. § 7801(26)(A).
(Added to NRS by 2011, 2356)
NRS 386.5135 Account for the State Public Charter School Authority: Creation;
interest and income; use of money in Account; acceptance of gifts, grants and
bequests authorized.
1. The Account for the State Public
Charter School Authority is hereby created in the State General Fund, to be
administered by the Director.
2. The interest and income earned on the
money in the Account must be credited to the Account.
3. The money in the Account may be used
only for the establishment and maintenance of the State Public Charter School
Authority.
4. Any money remaining in the Account at
the end of a fiscal year does not revert to the State General Fund, and the
balance in the Account must be carried forward to the next fiscal year.
5. The Director and the State Public
Charter School Authority may accept gifts, grants and bequests to carry out the
provisions of NRS 386.490 to 386.649,
inclusive. Any money from gifts, grants and bequests must be deposited in the
Account and may be expended in accordance with the terms and conditions of the
gift, grant or bequest, or in accordance with this section.
(Added to NRS by 2011, 2355)
Sponsorship of Charter Schools; Review and Approval of
Applications to Form Charter Schools; Renewal and Revocation of Charters
NRS 386.515 Sponsorship of charter schools by board of trustees, State
Public Charter School Authority and Nevada System of Higher Education; duties
and powers of sponsor; development of policies and practices by sponsor;
grounds for revocation of sponsorship. [Effective through December 31, 2019.]
1. The board of trustees of a school
district may apply to the Department for authorization to sponsor charter
schools within the school district in accordance with the regulations adopted
by the Department pursuant to NRS 386.540. An
application must be approved by the Department before the board of trustees may
sponsor a charter school. Not more than 180 days after receiving approval to
sponsor charter schools, the board of trustees shall provide public notice of
its ability to sponsor charter schools and solicit applications for charter
schools.
2. The State Public Charter School
Authority shall sponsor charter schools whose applications have been approved
by the State Public Charter School Authority pursuant to NRS
386.525. Except as otherwise provided by specific statute, if the State
Public Charter School Authority sponsors a charter school, the State Public
Charter School Authority is responsible for the evaluation, monitoring and
oversight of the charter school.
3. A college or university within the
Nevada System of Higher Education may submit an application to the Department
to sponsor charter schools in accordance with the regulations adopted by the
Department pursuant to NRS 386.540. An application
must be approved by the Department before a college or university within the
Nevada System of Higher Education may sponsor charter schools.
4. Each sponsor of a charter school shall
carry out the following duties and powers:
(a) Evaluating applications to form charter
schools as prescribed by NRS 386.525;
(b) Approving applications to form charter
schools that the sponsor determines are high quality, meet the identified
educational needs of pupils and will serve to promote the diversity of public
educational choices in this State;
(c) Declining to approve applications to form
charter schools that do not satisfy the requirements of NRS
386.525;
(d) Negotiating and executing charter contracts
pursuant to NRS 386.527;
(e) Monitoring, in accordance with NRS 386.490 to 386.649,
inclusive, and in accordance with the terms and conditions of the applicable
charter contract, the performance and compliance of each charter school
sponsored by the entity; and
(f) Determining whether the charter contract of a
charter school that the entity sponsors merits renewal or whether the renewal
of the charter contract should be denied or whether the written charter should
be revoked or the charter contract terminated, as applicable, in accordance
with NRS 386.530, 386.535
or 386.5351, as applicable.
5. Each sponsor of a charter school shall
develop policies and practices that are consistent with state laws and
regulations governing charter schools. In developing the policies and
practices, the sponsor shall review and evaluate nationally recognized policies
and practices for sponsoring organizations of charter schools. The policies and
practices must include, without limitation:
(a) The organizational capacity and
infrastructure of the sponsor for sponsorship of charter schools, which must
not be described as a limit on the number of charter schools the sponsor will
approve;
(b) The procedure and criteria for evaluating
charter school applications in accordance with NRS
386.525 and for the renewal of charter contracts pursuant to NRS 386.530;
(c) A description of how the sponsor will
maintain oversight of the charter schools it sponsors; and
(d) A description of the process of evaluation
for the charter schools it sponsors in accordance with NRS
386.610.
6. Evidence of material or persistent
failure to carry out the powers and duties of a sponsor prescribed by this
section constitutes grounds for revocation of the entity’s authority to sponsor
charter schools.
(Added to NRS by 1997, 1844; A 2001, 3125; 2005, 2398; 2007, 2567; 2011, 2358;
2013, 1662,
2908)
NRS 386.515 Sponsorship of charter
schools by board of trustees, State Public Charter School Authority and Nevada
System of Higher Education; duties and powers of sponsor; development of
policies and practices by sponsor; grounds for revocation of sponsorship.
[Effective January 1, 2020.]
1. The board of trustees of a school
district may apply to the Department for authorization to sponsor charter
schools within the school district in accordance with the regulations adopted
by the Department pursuant to NRS 386.540. An
application must be approved by the Department before the board of trustees may
sponsor a charter school. Not more than 180 days after receiving approval to
sponsor charter schools, the board of trustees shall provide public notice of
its ability to sponsor charter schools and solicit applications for charter
schools.
2. The State Public Charter School
Authority shall sponsor charter schools whose applications have been approved
by the State Public Charter School Authority pursuant to NRS
386.525. Except as otherwise provided by specific statute, if the State
Public Charter School Authority sponsors a charter school, the State Public
Charter School Authority is responsible for the evaluation, monitoring and
oversight of the charter school.
3. A college or university within the
Nevada System of Higher Education may submit an application to the Department
to sponsor charter schools in accordance with the regulations adopted by the
Department pursuant to NRS 386.540. An application
must be approved by the Department before a college or university within the
Nevada System of Higher Education may sponsor charter schools.
4. Each sponsor of a charter school shall
carry out the following duties and powers:
(a) Evaluating applications to form charter
schools as prescribed by NRS 386.525;
(b) Approving applications to form charter
schools that the sponsor determines are high quality, meet the identified
educational needs of pupils and will serve to promote the diversity of public
educational choices in this State;
(c) Declining to approve applications to form
charter schools that do not satisfy the requirements of NRS
386.525;
(d) Negotiating and executing charter contracts
pursuant to NRS 386.527;
(e) Monitoring, in accordance with NRS 386.490 to 386.649,
inclusive, and in accordance with the terms and conditions of the applicable
charter contract, the performance and compliance of each charter school
sponsored by the entity; and
(f) Determining whether the charter contract of a
charter school that the entity sponsors merits renewal or whether the renewal
of the charter contract should be denied or whether the charter contract should
be terminated in accordance with NRS 386.530, 386.535 or 386.5351, as
applicable.
5. Each sponsor of a charter school shall
develop policies and practices that are consistent with state laws and
regulations governing charter schools. In developing the policies and
practices, the sponsor shall review and evaluate nationally recognized policies
and practices for sponsoring organizations of charter schools. The policies and
practices must include, without limitation:
(a) The organizational capacity and
infrastructure of the sponsor for sponsorship of charter schools, which must
not be described as a limit on the number of charter schools the sponsor will
approve;
(b) The procedure and criteria for evaluating
charter school applications in accordance with NRS
386.525 and for the renewal of charter contracts pursuant to NRS 386.530;
(c) A description of how the sponsor will
maintain oversight of the charter schools it sponsors; and
(d) A description of the process of evaluation
for the charter schools it sponsors in accordance with NRS
386.610.
6. Evidence of material or persistent
failure to carry out the powers and duties of a sponsor prescribed by this
section constitutes grounds for revocation of the entity’s authority to sponsor
charter schools.
(Added to NRS by 1997, 1844; A 2001, 3125; 2005, 2398; 2007, 2567; 2011, 2358;
2013, 1662,
2908, 2910,
effective January 1, 2020)
NRS 386.520 Membership and duties of committee to form charter school;
contents of application to form charter school.
1. A committee to form a charter school
must consist of:
(a) One member who is a teacher or other person
licensed pursuant to chapter 391 of NRS or
who previously held such a license and is retired, as long as his or her
license was held in good standing;
(b) One member who:
(1) Satisfies the qualifications of
paragraph (a); or
(2) Is a school administrator with a
license issued by another state or who previously held such a license and is
retired, as long as his or her license was held in good standing;
(c) One parent or legal guardian who is not a
teacher or employee of the proposed charter school; and
(d) Two members who possess knowledge and expertise
in one or more of the following areas:
(1) Accounting;
(2) Financial services;
(3) Law; or
(4) Human resources.
2. In addition to the members who serve
pursuant to subsection 1, the committee to form a charter school may include,
without limitation, not more than four additional members as follows:
(a) Members of the general public;
(b) Representatives of nonprofit organizations
and businesses; or
(c) Representatives of a college or university
within the Nevada System of Higher Education.
3. A majority of the persons who serve on
the committee to form a charter school must be residents of this State at the
time that the application to form the charter school is submitted to the
Department.
4. The committee to form a charter school
shall ensure that the completed application:
(a) Presents the academic, financial and
organizational vision and plans for the proposed charter school; and
(b) Provides the proposed sponsor of the charter
school with a clear basis for assessing the capacity of the applicant to carry
out the vision and plans.
5. An application to form a charter school
must include all information prescribed by the Department by regulation and:
(a) A written description of how the charter
school will carry out the provisions of NRS 386.490
to 386.649, inclusive.
(b) A written description of the mission and
goals for the charter school. A charter school must have as its stated purpose
at least one of the following goals:
(1) Improving the academic achievement of
pupils;
(2) Encouraging the use of effective and
innovative methods of teaching;
(3) Providing an accurate measurement of
the educational achievement of pupils;
(4) Establishing accountability and
transparency of public schools;
(5) Providing a method for public schools
to measure achievement based upon the performance of the schools; or
(6) Creating new professional opportunities
for teachers.
(c) The projected enrollment of pupils in the
charter school.
(d) The proposed dates for accepting applications
for enrollment in the initial year of operation of the charter school.
(e) The proposed system of governance for the
charter school, including, without limitation, the number of persons who will
govern, the method for nominating and electing the persons who will govern and
the term of office for each person.
(f) The method by which disputes will be resolved
between the governing body of the charter school and the sponsor of the charter
school.
(g) The proposed curriculum for the charter
school and, if applicable to the grade level of pupils who are enrolled in the
charter school, the requirements for the pupils to receive a high school
diploma, including, without limitation, whether those pupils will satisfy the
requirements of the school district in which the charter school is located for
receipt of a high school diploma.
(h) The textbooks that will be used at the
charter school.
(i) The qualifications of the persons who will
provide instruction at the charter school.
(j) Except as otherwise required by NRS 386.595, the process by which the governing body
of the charter school will negotiate employment contracts with the employees of
the charter school.
(k) A financial plan for the operation of the
charter school. The plan must include, without limitation, procedures for the
audit of the programs and finances of the charter school and guidelines for
determining the financial liability if the charter school is unsuccessful.
(l) A statement of whether the charter school
will provide for the transportation of pupils to and from the charter school.
If the charter school will provide transportation, the application must include
the proposed plan for the transportation of pupils. If the charter school will
not provide transportation, the application must include a statement that the
charter school will work with the parents and guardians of pupils enrolled in
the charter school to develop a plan for transportation to ensure that pupils
have access to transportation to and from the charter school.
(m) The procedure for the evaluation of teachers
of the charter school, if different from the procedure prescribed in NRS 391.3125 and 391.3128. If the procedure is different
from the procedure prescribed in NRS
391.3125 and 391.3128, the
procedure for the evaluation of teachers of the charter school must provide the
same level of protection and otherwise comply with the standards for evaluation
set forth in NRS 391.3125 and 391.3128.
(n) The time by which certain academic or
educational results will be achieved.
(o) The kind of school, as defined in subsections
1 to 4, inclusive, of NRS 388.020, for
which the charter school intends to operate.
(p) A statement of whether the charter school
will enroll pupils who are in a particular category of at-risk pupils before
enrolling other children who are eligible to attend the charter school pursuant
to NRS 386.580 and the method for determining
eligibility for enrollment in each such category of at-risk pupils served by
the charter school.
6. As used in subsection 1, “teacher”
means a person who:
(a) Holds a current license to teach issued
pursuant to chapter 391 of NRS or who
previously held such a license and is retired, as long as his or her license
was held in good standing; and
(b) Has at least 2 years of experience as an
employed teacher.
Ê The term
does not include a person who is employed as a substitute teacher.
(Added to NRS by 1997, 1844; A 1999, 3292; 2001, 3125; 2007, 2568; 2009, 257; 2011, 2279,
2359, 3044; 2013, 1663,
2911)
NRS 386.525 Submission of application to form charter school to proposed
sponsor; review of application; written notice of approval or denial;
opportunity to correct deficiencies; appeal of denial; biennial report by
Superintendent of Public Instruction concerning status of applications.
1. A charter school may submit the
application to the proposed sponsor of the charter school. If an application
proposes to convert an existing public school, homeschool or other program of
home study into a charter school, the proposed sponsor shall deny the
application.
2. The proposed sponsor of a charter
school shall, in reviewing an application to form a charter school:
(a) Assemble a team of reviewers who possess the
appropriate knowledge and expertise with regard to the academic, financial and
organizational experience of charter schools to review and evaluate the
application;
(b) Conduct a thorough evaluation of the
application, which includes an in-person interview with the committee to form
the charter school;
(c) Base its determination on documented evidence
collected through the process of reviewing the application; and
(d) Adhere to the policies and practices
developed by the proposed sponsor pursuant to subsection 5 of NRS 386.515.
3. The proposed sponsor of a charter
school may approve an application to form a charter school only if the proposed
sponsor determines that:
(a) The application:
(1) Complies with NRS
386.490 to 386.649, inclusive, and the
regulations applicable to charter schools; and
(2) Is complete in accordance with the
regulations of the Department; and
(b) The applicant has demonstrated competence in
accordance with the criteria for approval prescribed by the sponsor pursuant to
subsection 5 of NRS 386.515 that will likely result
in a successful opening and operation of the charter school.
4. If the board of trustees of a school
district or a college or a university within the Nevada System of Higher
Education, as applicable, receives an application to form a charter school, the
board of trustees or the institution, as applicable, shall consider the
application at a meeting that must be held not later than 60 days after the
receipt of the application, or a later period mutually agreed upon by the
committee to form the charter school and the board of trustees of the school
district or the institution, as applicable, and ensure that notice of the
meeting has been provided pursuant to chapter 241
of NRS. The board of trustees, the college or the university, as applicable,
shall review an application in accordance with the requirements for review set
forth in subsections 2 and 3.
5. The board of trustees, the college or
the university, as applicable, may approve an application if it satisfies the
requirements of subsection 3.
6. The board of trustees, the college or
the university, as applicable, shall provide written notice to the applicant of
its approval or denial of the application. If the board of trustees, the
college or the university, as applicable, denies an application, it shall
include in the written notice the reasons for the denial and the deficiencies
in the application. The applicant must be granted 30 days after receipt of the
written notice to correct any deficiencies identified in the written notice and
resubmit the application.
7. If the board of trustees, the college
or the university, as applicable, denies an application after it has been
resubmitted pursuant to subsection 6, the applicant may submit a written
request for sponsorship by the State Public Charter School Authority not more
than 30 days after receipt of the written notice of denial. Any request that is
submitted pursuant to this subsection must be accompanied by the application to
form the charter school.
8. If the State Public Charter School
Authority receives an application pursuant to subsection 1 or 7, it shall
consider the application at a meeting which must be held not later than 60 days
after receipt of the application or a later period mutually agreed upon by the
committee to form the charter school and the State Public Charter School
Authority. Notice of the meeting must be posted in accordance with chapter 241 of NRS. The State Public Charter
School Authority shall review the application in accordance with the
requirements for review set forth in subsections 2 and 3. The State Public
Charter School Authority may approve an application only if it satisfies the
requirements of subsection 3. Not more than 30 days after the meeting, the
State Public Charter School Authority shall provide written notice of its
determination to the applicant.
9. If the State Public Charter School
Authority denies or fails to act upon an application, the denial or failure to
act must be based upon a finding that the applicant failed to satisfy the
requirements of subsection 3. The State Public Charter School Authority shall
include in the written notice the reasons for the denial or the failure to act
and the deficiencies in the application. The staff designated by the State
Public Charter School Authority shall meet with the applicant to confer on the
method to correct the identified deficiencies. The applicant must be granted 30
days after receipt of the written notice to correct any deficiencies identified
in the written notice and resubmit the application.
10. If the State Public Charter School
Authority denies an application after it has been resubmitted pursuant to
subsection 9, the applicant may, not more than 30 days after the receipt of the
written notice from the State Public Charter School Authority, appeal the final
determination to the district court of the county in which the proposed charter
school will be located.
11. On or before January 1 of each
odd-numbered year, the Superintendent of Public Instruction shall submit a
written report to the Director of the Legislative Counsel Bureau for
transmission to the next regular session of the Legislature. The report must
include:
(a) A list of each application to form a charter
school that was submitted to the board of trustees of a school district, the
State Public Charter School Authority, a college or a university during the
immediately preceding biennium;
(b) The educational focus of each charter school
for which an application was submitted;
(c) The current status of the application; and
(d) If the application was denied, the reasons
for the denial.
(Added to NRS by 1997, 1846; A 1999, 3295; 2001, 3127; 2005, 1098, 2399, 2537; 2007, 2569; 2011, 2361,
3047; 2013, 1665,
2913)
NRS 386.527 Approval of application; charter contract; notice to Department;
determination of sponsor; change of sponsor; requirements for commencement of
operation. [Effective through December 31, 2019.]
1. If the proposed sponsor of a charter
school approves an application to form a charter school, it shall, before June
11, 2013, grant a written charter to the governing body of the charter school
or, on or after June 11, 2013, negotiate and execute a charter contract with the
governing body of the charter school. A charter contract must be executed not
later than 60 days before the charter school commences operation. The charter
contract must be in writing and incorporate, without limitation:
(a) The performance framework for the charter
school;
(b) A description of the administrative
relationship between the sponsor of the charter school and the governing body
of the charter school, including, without limitation, the rights and duties of
the sponsor and the governing body; and
(c) Any pre-opening conditions which the sponsor
has determined are necessary for the charter school to satisfy before the
commencement of operation to ensure that the charter school meets all building,
health, safety, insurance and other legal requirements.
2. The charter contract must be signed by
a member of the governing body of the charter school and:
(a) If the board of trustees of a school district
is the sponsor of the charter school, the superintendent of schools of the
school district;
(b) If the State Public Charter School Authority
is the sponsor of the charter school, the Chair of the State Public Charter
School Authority; or
(c) If a college or university within the Nevada
System of Higher Education is the sponsor of the charter school, the president
of the college or university.
3. Before the charter contract is
executed, the sponsor of the charter school must approve the charter contract
at a meeting of the sponsor held in accordance with chapter 241 of NRS.
4. The sponsor of the charter school
shall, not later than 10 days after the execution of the charter contract,
provide to the Department:
(a) Written notice of the charter contract and the
date of execution; and
(b) A copy of the charter contract and any other
documentation relevant to the charter contract.
5. If the board of trustees approves the
application, the board of trustees shall be deemed the sponsor of the charter
school.
6. If the State Public Charter School
Authority approves the application:
(a) The State Public Charter School Authority
shall be deemed the sponsor of the charter school.
(b) Neither the State of Nevada, the State Board,
the State Public Charter School Authority nor the Department is an employer of
the members of the governing body of the charter school or any of the employees
of the charter school.
7. If a college or university within the
Nevada System of Higher Education approves the application:
(a) That institution shall be deemed the sponsor
of the charter school.
(b) Neither the State of Nevada, the State Board
nor the Department is an employer of the members of the governing body of the
charter school or any of the employees of the charter school.
8. The governing body of a charter school
may request, at any time, a change in the sponsorship of the charter school to
an entity that is authorized to sponsor charter schools pursuant to NRS 386.515. The State Board shall adopt:
(a) A process for a charter school that requests
a change in the sponsorship of the charter school, which must not require the
charter school to undergo all the requirements of an initial application to
form a charter school; and
(b) Objective criteria for the conditions under
which such a request may be granted.
9. A written charter or a charter
contract, as applicable, must be for a term of 6 years. The term of the charter
contract begins on the first day of operation of the charter school after the
charter contract has been executed. The sponsor of the charter school may
require, or the governing body of the charter school may request that the
sponsor authorize, the charter school to delay commencement of operation for 1
school year.
10. The governing body of a charter school
may submit to the sponsor of the charter school a written request for an
amendment of the written charter or charter contract, as applicable. Such an
amendment may include, without limitation, the expansion of instruction and
other educational services to pupils who are enrolled in grade levels other
than the grade levels of pupils currently approved for enrollment in the
charter school. If the proposed amendment complies with the provisions of NRS 386.490 to 386.649,
inclusive, and any other statute or regulation applicable to charter schools,
the sponsor and the governing body of the charter school may amend the written
charter or charter contract, as applicable, in accordance with the proposed
amendment. If the sponsor denies the request for an amendment, the sponsor
shall provide written notice to the governing body of the charter school
setting forth the reasons for the denial.
11. A charter school shall not commence
operation and is not eligible to receive apportionments pursuant to NRS 387.124 until the sponsor has
determined that the requirements of this section have been satisfied and that
the facility the charter school will occupy has been inspected and meets the
requirements of any applicable building codes, codes for the prevention of
fire, and codes pertaining to safety, health and sanitation. Except as otherwise
provided in this subsection, the sponsor shall make such a determination 30
days before the first day of school for the:
(a) Schools of the school district in which the
charter school is located that operate on a traditional school schedule and not
a year-round school schedule; or
(b) Charter school,
Ê whichever
date the sponsor selects. The sponsor shall not require a charter school to
demonstrate compliance with the requirements of this subsection more than 30
days before the date selected. However, it may authorize a charter school to
demonstrate compliance less than 30 days before the date selected.
(Added to NRS by 1999, 3289; A 2001, 3129; 2005, 1662, 2400, 2538; 2007, 1256, 2571; 2009, 259; 2011, 2363,
3049; 2013, 2916)
NRS 386.527 Approval of application;
charter contract; notice to Department; determination of sponsor; change of
sponsor; requirements for commencement of operation. [Effective January 1,
2020.]
1. If the proposed sponsor of a charter
school approves an application to form a charter school, it shall negotiate and
execute a charter contract with the governing body of the charter school. A
charter contract must be executed not later than 60 days before the charter
school commences operation. The charter contract must be in writing and
incorporate, without limitation:
(a) The performance framework for the charter
school;
(b) A description of the administrative
relationship between the sponsor of the charter school and the governing body
of the charter school, including, without limitation, the rights and duties of
the sponsor and the governing body; and
(c) Any pre-opening conditions which the sponsor
has determined are necessary for the charter school to satisfy before the
commencement of operation to ensure that the charter school meets all building,
health, safety, insurance and other legal requirements.
2. The charter contract must be signed by
a member of the governing body of the charter school and:
(a) If the board of trustees of a school district
is the sponsor of the charter school, the superintendent of schools of the
school district;
(b) If the State Public Charter School Authority
is the sponsor of the charter school, the Chair of the State Public Charter
School Authority; or
(c) If a college or university within the Nevada
System of Higher Education is the sponsor of the charter school, the president
of the college or university.
3. Before the charter contract is
executed, the sponsor of the charter school must approve the charter contract
at a meeting of the sponsor held in accordance with chapter 241 of NRS.
4. The sponsor of the charter school
shall, not later than 10 days after the execution of the charter contract,
provide to the Department:
(a) Written notice of the charter contract and
the date of execution; and
(b) A copy of the charter contract and any other
documentation relevant to the charter contract.
5. If the board of trustees approves the
application, the board of trustees shall be deemed the sponsor of the charter
school.
6. If the State Public Charter School
Authority approves the application:
(a) The State Public Charter School Authority
shall be deemed the sponsor of the charter school.
(b) Neither the State of Nevada, the State Board,
the State Public Charter School Authority nor the Department is an employer of
the members of the governing body of the charter school or any of the employees
of the charter school.
7. If a college or university within the
Nevada System of Higher Education approves the application:
(a) That institution shall be deemed the sponsor
of the charter school.
(b) Neither the State of Nevada, the State Board
nor the Department is an employer of the members of the governing body of the
charter school or any of the employees of the charter school.
8. The governing body of a charter school
may request, at any time, a change in the sponsorship of the charter school to
an entity that is authorized to sponsor charter schools pursuant to NRS 386.515. The State Board shall adopt:
(a) A process for a charter school that requests
a change in the sponsorship of the charter school, which must not require the
charter school to undergo all the requirements of an initial application to form
a charter school; and
(b) Objective criteria for the conditions under
which such a request may be granted.
9. A charter contract must be for a term
of 6 years. The term of the charter contract begins on the first day of
operation of the charter school after the charter contract has been executed.
The sponsor of the charter school may require, or the governing body of the
charter school may request that the sponsor authorize, the charter school to
delay commencement of operation for 1 school year.
10. The governing body of a charter school
may submit to the sponsor of the charter school a written request for an
amendment of the charter contract. Such an amendment may include, without
limitation, the expansion of instruction and other educational services to
pupils who are enrolled in grade levels other than the grade levels of pupils
currently approved for enrollment in the charter school. If the proposed
amendment complies with the provisions of NRS 386.490
to 386.649, inclusive, and any other statute or
regulation applicable to charter schools, the sponsor and the governing body of
the charter school may amend the charter contract in accordance with the
proposed amendment. If the sponsor denies the request for an amendment, the
sponsor shall provide written notice to the governing body of the charter
school setting forth the reasons for the denial.
11. A charter school shall not commence
operation and is not eligible to receive apportionments pursuant to NRS 387.124 until the sponsor has
determined that the requirements of this section have been satisfied and that
the facility the charter school will occupy has been inspected and meets the
requirements of any applicable building codes, codes for the prevention of
fire, and codes pertaining to safety, health and sanitation. Except as
otherwise provided in this subsection, the sponsor shall make such a
determination 30 days before the first day of school for the:
(a) Schools of the school district in which the
charter school is located that operate on a traditional school schedule and not
a year-round school schedule; or
(b) Charter school,
Ê whichever
date the sponsor selects. The sponsor shall not require a charter school to
demonstrate compliance with the requirements of this subsection more than 30
days before the date selected. However, it may authorize a charter school to
demonstrate compliance less than 30 days before the date selected.
(Added to NRS by 1999, 3289; A 2001, 3129; 2005, 1662, 2400, 2538; 2007, 1256, 2571; 2009, 259; 2011, 2363,
3049; 2013, 2916,
2918,
effective January 1, 2020)
NRS 386.528 Incorporation of performance framework into charter contract;
establishment of annual performance goals; revision upon renewal of charter
contract; duty of sponsor to collect, analyze and report data.
1. The performance framework that is required
to be incorporated into the charter contract pursuant to paragraph (a) of
subsection 1 of NRS 386.527 must include, without
limitation, performance indicators, measures and metrics for the categories of
academics, finances and organization as follows:
(a) The category of academics addresses:
(1) The academic achievement and
proficiency of pupils enrolled in the charter school, including, without
limitation, the progress of pupils from year-to-year based upon the model to
measure the achievement of pupils adopted by the Department pursuant to NRS 385.3595;
(2) Disparities in the academic
achievement and proficiency of pupils enrolled in the charter school; and
(3) If the charter school enrolls pupils
at the high school grade level, the rate of graduation of those pupils and the
preparation of those pupils for success in postsecondary educational
institutions and in career and workforce readiness.
(b) The category of finances addresses the
financial condition and sustainability of the charter school.
(c) The category of organization addresses:
(1) The percentage of pupils who reenroll
in the charter school from year-to-year;
(2) The rate of attendance of pupils
enrolled in the charter school; and
(3) The performance of the governing body
of the charter school, including, without limitation, compliance with the terms
and conditions of the charter contract and the applicable statutes and
regulations.
2. In addition to the requirements for the
performance framework set forth in subsection 1, the sponsor of the charter
school may, upon request of the governing body of the charter school, include
additional rigorous, valid and reliable performance indicators, measures and
metrics in the performance framework that are specific to the mission of the
charter school and that are consistent with NRS 386.490
to 386.649, inclusive.
3. The governing body of a charter school
shall, in consultation with the sponsor of the charter school, establish annual
performance goals to ensure that the charter school is meeting the performance
indicators, measures and metrics set forth in the performance framework in the
charter contract.
4. If an application for renewal of a
charter contract is approved, the sponsor of the charter school may review and,
if necessary, revise the performance framework. Such a revised performance
framework must be incorporated into the renewed charter contract.
5. The sponsor of a charter school shall
ensure the collection, analysis and reporting of all data from the results of
pupils enrolled in the charter school on statewide examinations to determine
whether the charter school is meeting the performance indicators, measures and
metrics for the achievement and proficiency of pupils as set forth in the
performance framework for the charter school.
(Added to NRS by 2013, 2907)
NRS 386.530 Renewal of charter contract: Performance report by sponsor;
application; criteria for review by sponsor; notice to applicant; term of
renewal.
1. On or before June 30 immediately
preceding the final school year in which a charter school is authorized to
operate pursuant to its charter contract, the sponsor of the charter school
shall submit to the governing body of the charter school a written report
summarizing the performance of the charter school during the term of the
charter contract, including, without limitation:
(a) A summary of the performance of the charter
school based upon the terms of the charter contract and the requirements of NRS 386.490 to 386.649,
inclusive;
(b) An identification of any deficiencies
relating to the performance of the charter school which the sponsor has
determined may result in nonrenewal of the charter contract if the deficiencies
remain uncorrected;
(c) Requirements for the application for renewal
of the charter contract submitted to the sponsor pursuant to subsection 2; and
(d) The criteria that the sponsor will apply in
making a determination on the application for renewal based upon the
performance framework for the charter school and the requirements of NRS 386.490 to 386.649,
inclusive.
2. The governing body of a charter school
may submit a written response to the sponsor of the charter school concerning
the performance report prepared by the sponsor pursuant to subsection 1, which
may include any revisions or clarifications that the governing body seeks to
make to the report.
3. If a charter school seeks to renew its
charter contract, the governing body of the charter school shall submit an
application for renewal to the sponsor of the charter school on or before
October 15 of the final school year in which the charter school is authorized
to operate pursuant to its charter contract. The application for renewal must
include, without limitation:
(a) The requirements for the application
identified by the sponsor in the performance report prepared by the sponsor
pursuant to subsection 1;
(b) A description of the academic, financial and
organizational vision and plans for the charter school for the next charter
term;
(c) Any information or data that the governing
body of the charter school determines supports the renewal of the charter
contract in addition to the information contained in the performance report
prepared by the sponsor pursuant to subsection 1 and any response submitted by
the governing body pursuant to subsection 2; and
(d) A description of any improvements to the charter
school already undertaken or planned.
4. The sponsor of a charter school shall
consider the application for renewal of the charter contract at a meeting held
in accordance with chapter 241 of NRS. The
sponsor shall provide written notice to the governing body of the charter
school concerning its determination on the application for renewal of the
charter contract not more than 60 days after receipt of the application for
renewal from the governing body. The determination of the sponsor must be based
upon:
(a) The criteria of the sponsor for the renewal
of charter contracts; and
(b) Evidence of the performance of the charter
school during the term of the charter contract in accordance with the
performance framework for the charter school.
5. The sponsor of the charter school
shall:
(a) Make available to the governing body of the
charter school the data used in making the renewal decision; and
(b) Post a report on the Internet website of the
sponsor summarizing the decision of the sponsor on the application for renewal
and the basis for its decision.
6. A charter contract may be renewed for a
term of 6 years.
(Added to NRS by 1997, 1849; A 2009, 914; 2013, 2920)
NRS 386.535 Revocation of written charter or termination of charter contract
by sponsor: Grounds; written notice; opportunity to correct deficiencies;
public hearing; notice to Department. [Effective through December 31, 2019.] Except as otherwise provided in NRS 386.5351:
1. The sponsor of a charter school may revoke
a written charter or terminate a charter contract before the expiration of the
charter if the sponsor determines that:
(a) The charter school, its officers or its
employees:
(1) Committed a material breach of the
terms and conditions of the written charter or charter contract;
(2) Failed to comply with generally
accepted standards of fiscal management;
(3) Failed to comply with the provisions
of NRS 386.490 to 386.649,
inclusive, or any other statute or regulation applicable to charter schools; or
(4) If the charter school holds a charter
contract, has persistently underperformed, as measured by the performance
indicators, measures and metrics set forth in the performance framework for the
charter school;
(b) The charter school has filed for a voluntary
petition of bankruptcy, is adjudicated bankrupt or insolvent, or is otherwise
financially impaired such that the charter school cannot continue to operate;
or
(c) There is reasonable cause to believe that revocation
or termination is necessary to protect the health and safety of the pupils who
are enrolled in the charter school or persons who are employed by the charter
school from jeopardy, or to prevent damage to or loss of the property of the
school district or the community in which the charter school is located.
2. Before the sponsor revokes a written
charter or terminates a charter contract, the sponsor shall provide written
notice of its intention to the governing body of the charter school. The
written notice must:
(a) Include a statement of the deficiencies or
reasons upon which the action of the sponsor is based;
(b) Except as otherwise provided in subsection 4,
prescribe a period, not less than 30 days, during which the charter school may
correct the deficiencies, including, without limitation, the date on which the
period to correct the deficiencies begins and the date on which that period
ends;
(c) Prescribe the date on which the sponsor will
make a determination regarding whether the charter school has corrected the
deficiencies, which determination may be made during the public hearing held
pursuant to subsection 3; and
(d) Prescribe the date on which the sponsor will
hold a public hearing to consider whether to revoke the written charter or
terminate the charter contract.
3. Except as otherwise provided in
subsection 4, not more than 90 days after the notice is provided pursuant to
subsection 2, the sponsor shall hold a public hearing to make a determination
regarding whether to revoke the written charter or terminate the charter
contract. If the charter school corrects the deficiencies to the satisfaction
of the sponsor within the time prescribed in paragraph (b) of subsection 2, the
sponsor shall not revoke the written charter or terminate the charter contract
of the charter school. The sponsor may not include in a written notice pursuant
to subsection 2 any deficiency which was included in a previous written notice
and which was corrected by the charter school, unless the deficiency recurred
after being corrected.
4. The sponsor of a charter school and the
governing body of the charter school may enter into a written agreement that
prescribes different time periods than those set forth in subsections 2 and 3.
5. If the written charter is revoked or
the charter contract is terminated, the sponsor of the charter school shall
submit a written report to the Department and the governing body of the charter
school setting forth the reasons for the termination not later than 10 days
after revoking the written charter or terminating the charter contract.
(Added to NRS by 1997, 1848; A 1999, 3296; 2005, 2401; 2011, 3051;
2013, 2922)
NRS 386.535 Termination of charter
contract by sponsor: Grounds; written notice; opportunity to correct
deficiencies; public hearing; notice to Department. [Effective January 1,
2020.] Except as otherwise
provided in NRS 386.5351:
1. The sponsor of a charter school may terminate
a charter contract before the expiration of the charter if the sponsor
determines that:
(a) The charter school, its officers or its
employees:
(1) Committed a material breach of the terms
and conditions of the charter contract;
(2) Failed to comply with generally accepted
standards of fiscal management;
(3) Failed to comply with the provisions
of NRS 386.490 to 386.649,
inclusive, or any other statute or regulation applicable to charter schools; or
(4) Has persistently underperformed, as
measured by the performance indicators, measures and metrics set forth in the
performance framework for the charter school;
(b) The charter school has filed for a voluntary
petition of bankruptcy, is adjudicated bankrupt or insolvent, or is otherwise
financially impaired such that the charter school cannot continue to operate;
or
(c) There is reasonable cause to believe that termination
is necessary to protect the health and safety of the pupils who are enrolled in
the charter school or persons who are employed by the charter school from
jeopardy, or to prevent damage to or loss of the property of the school
district or the community in which the charter school is located.
2. Before the sponsor terminates a charter
contract, the sponsor shall provide written notice of its intention to the
governing body of the charter school. The written notice must:
(a) Include a statement of the deficiencies or
reasons upon which the action of the sponsor is based;
(b) Except as otherwise provided in subsection 4,
prescribe a period, not less than 30 days, during which the charter school may
correct the deficiencies, including, without limitation, the date on which the
period to correct the deficiencies begins and the date on which that period
ends;
(c) Prescribe the date on which the sponsor will
make a determination regarding whether the charter school has corrected the
deficiencies, which determination may be made during the public hearing held
pursuant to subsection 3; and
(d) Prescribe the date on which the sponsor will
hold a public hearing to consider whether to terminate the charter contract.
3. Except as otherwise provided in
subsection 4, not more than 90 days after the notice is provided pursuant to
subsection 2, the sponsor shall hold a public hearing to make a determination
regarding whether to terminate the charter contract. If the charter school
corrects the deficiencies to the satisfaction of the sponsor within the time
prescribed in paragraph (b) of subsection 2, the sponsor shall not terminate the
charter contract of the charter school. The sponsor may not include in a
written notice pursuant to subsection 2 any deficiency which was included in a
previous written notice and which was corrected by the charter school, unless
the deficiency recurred after being corrected.
4. The sponsor of a charter school and the
governing body of the charter school may enter into a written agreement that
prescribes different time periods than those set forth in subsections 2 and 3.
5. If the charter contract is terminated,
the sponsor of the charter school shall submit a written report to the
Department and the governing body of the charter school setting forth the
reasons for the termination not later than 10 days after terminating the
charter contract.
(Added to NRS by 1997, 1848; A 1999, 3296; 2005, 2401; 2011, 3051;
2013, 2922,
2923,
effective January 1, 2020)
NRS 386.5351 Revocation of written charter or termination of charter contract
by sponsor: Grounds for revocation or termination without adherence to
procedural standards based upon ratings of charter school as underperforming;
submission of written report to Department. [Effective through December 31,
2019.]
1. The sponsor of a charter school shall
revoke the written charter or terminate the charter contract of the charter
school if the charter school receives three consecutive annual ratings
established as the lowest rating possible indicating underperformance of a
public school, as determined by the Department pursuant to the statewide system
of accountability for public schools. A charter school’s annual rating pursuant
to the statewide system of accountability based upon the performance of the
charter school for any school year before the 2013-2014 school year must not be
included in the count of consecutive annual ratings for the purposes of this
subsection.
2. If a written charter is revoked or a
charter contract is terminated pursuant to subsection 1, the sponsor of the
charter school shall submit a written report to the Department and the
governing body of the charter school setting forth the reasons for the
termination not later than 10 days after revoking the written charter or
terminating the charter contract.
3. The provisions of NRS 386.535 do not apply to the revocation of a
written charter or termination of a charter contract pursuant to this section.
(Added to NRS by 2013, 2908)
NRS 386.5351 Termination of charter
contract by sponsor: Grounds for termination without adherence to procedural
standards based upon ratings of charter school as underperforming; submission
of written report to Department. [Effective January 1, 2020.]
1. The sponsor of a charter school shall
terminate the charter contract of the charter school if the charter school
receives three consecutive annual ratings established as the lowest rating
possible indicating underperformance of a public school, as determined by the
Department pursuant to the statewide system of accountability for public
schools. A charter school’s annual rating pursuant to the statewide system of
accountability based upon the performance of the charter school for any school
year before the 2013-2014 school year must not be included in the count of
consecutive annual ratings for the purposes of this subsection.
2. If a charter contract is terminated
pursuant to subsection 1, the sponsor of the charter school shall submit a
written report to the Department and the governing body of the charter school
setting forth the reasons for the termination not later than 10 days after
terminating the charter contract.
3. The provisions of NRS 386.535 do not apply to the termination of a
charter contract pursuant to this section.
(Added to NRS by 2013, 2908;
A 2013,
2938, effective January 1, 2020)
NRS 386.536 Closure of charter school; duties of governing body; written
notice; written plan for closure; financial affairs of charter school;
appointment, duties and financial compensation of trustee. [Effective through
June 30, 2020.]
1. If a charter school ceases to operate
voluntarily, if a charter contract is not renewed or upon revocation of a
written charter or termination of a charter contract, as applicable, the
governing body of the charter school shall:
(a) Give written notice of the closure to:
(1) The sponsor of the charter school,
unless the closure results from the revocation of the written charter or the
non-renewal or termination of a charter contract, as applicable;
(2) The Director of the Department of
Business and Industry;
(3) The board of trustees of the school
district in which the charter school is located, unless the board of trustees
is the sponsor of the charter school and the closure results from the
revocation of the written charter or the non-renewal or termination of a
charter contract, as applicable;
(4) The Department;
(5) The parents or legal guardians of the
pupils enrolled in the charter school; and
(6) The creditors of the charter school;
(b) Except as otherwise provided in subsections 4
and 5, appoint an administrator of the charter school, subject to the approval
of the sponsor of the charter school, to act as a trustee during the process of
the closure of the charter school and for 1 year after the date of closure;
(c) As soon as practicable, develop and present
to the sponsor of the charter school a written plan for the closure of the
charter school;
(d) Maintain an office at the charter school or
elsewhere, with regular hours of operation and voice messaging stating the
hours of operation;
(e) Maintain existing insurance coverage in force
for the period required by the sponsor of the charter school;
(f) Conduct a financial audit and an inventory of
all the assets of the charter school and cause a written report of the audit
and inventory to be prepared for the sponsor of the charter school and the
Department;
(g) Prepare a written list of the creditors of
the charter school, identifying secured creditors and the assets in which those
creditors have a security interest;
(h) Supply any information or documents required
by the sponsor of the charter school; and
(i) Protect all the assets of the charter school
from theft, misappropriation, deterioration or other loss.
2. The notice of the closure required by
subsection 1 must include:
(a) The date of closure;
(b) A statement of the plan of the charter school
to assist pupils to identify and transfer to another school; and
(c) The telephone number, mailing address and
physical address of the office required by subsection 1.
3. The administrator appointed pursuant to
subsection 1 shall carry out the duties prescribed for the governing body of
the charter school by paragraphs (c) to (i), inclusive, of subsection 1 if the
governing body ceases to exists or is otherwise unable to perform those duties
and shall assume the responsibility for the records of the:
(a) Charter school;
(b) Employees of the charter school; and
(c) Pupils enrolled in the charter school.
4. If an administrator for the charter
school is no longer available to carry out the duties set forth in subsection
3, the governing body of the charter school shall appoint a qualified person to
assume those duties.
5. If the governing body of the charter
school ceases to exist or is otherwise unable to appoint an administrator
pursuant to subsection 1 or a qualified person pursuant to subsection 4, the
sponsor of the charter school shall appoint an administrator or a qualified
person to carry out the duties set forth in subsection 3.
6. In addition to performing the duties
set forth in subsection 3, the administrator appointed by the governing body of
the charter school or the sponsor, or the qualified person appointed to carry
out the duties of the administrator, shall:
(a) Cause to be paid and discharged all the
liabilities and obligations of the charter school to the extent of the charter
school’s assets;
(b) Terminate any lease, service agreement or any
other contract of the charter school that is not necessary to complete the
closure of the charter school;
(c) Supply any information or documents required
by the sponsor of the charter school; and
(d) After the financial affairs of the charter
school have been wound up and the closure of the charter school has otherwise
been completed, cause a financial audit to be prepared and cause a written
report of the audit to be prepared for the sponsor of the charter school and
the Department.
7. The governing body of the charter
school or the sponsor of the charter school may, to the extent practicable,
provide financial compensation to the administrator or person appointed to
carry out the provisions of this section. If the sponsor of the charter school
provides such financial compensation, the sponsor is entitled to receive
reimbursement from the charter school for the costs incurred by the sponsor in
providing the financial compensation. Such reimbursement must not exceed costs
incurred for a period longer than 6 months.
(Added to NRS by 2007, 1255; A 2009, 933; 2013, 1596,
2924)
NRS 386.536 Closure of charter
school; duties of governing body; written notice; written plan for closure;
financial affairs of charter school; appointment, duties and financial
compensation of trustee. [Effective July 1, 2020.]
1. If a charter school ceases to operate
voluntarily, if a charter contract is not renewed or upon termination of a
charter contract, as applicable, the governing body of the charter school
shall:
(a) Give written notice of the closure to:
(1) The sponsor of the charter school,
unless the closure results from the non-renewal or termination of a charter
contract;
(2) The Director of the Department of
Business and Industry;
(3) The board of trustees of the school
district in which the charter school is located, unless the board of trustees
is the sponsor of the charter school and the closure results from the
non-renewal or termination of a charter contract;
(4) The Department;
(5) The parents or legal guardians of the
pupils enrolled in the charter school; and
(6) The creditors of the charter school;
(b) Except as otherwise provided in subsections 4
and 5, appoint an administrator of the charter school, subject to the approval
of the sponsor of the charter school, to act as a trustee during the process of
the closure of the charter school and for 1 year after the date of closure;
(c) As soon as practicable, develop and present
to the sponsor of the charter school a written plan for the closure of the
charter school;
(d) Maintain an office at the charter school or
elsewhere, with regular hours of operation and voice messaging stating the
hours of operation;
(e) Maintain existing insurance coverage in force
for the period required by the sponsor of the charter school;
(f) Conduct a financial audit and an inventory of
all the assets of the charter school and cause a written report of the audit
and inventory to be prepared for the sponsor of the charter school and the
Department;
(g) Prepare a written list of the creditors of
the charter school, identifying secured creditors and the assets in which those
creditors have a security interest;
(h) Supply any information or documents required
by the sponsor of the charter school; and
(i) Protect all the assets of the charter school
from theft, misappropriation, deterioration or other loss.
2. The notice of the closure required by
subsection 1 must include:
(a) The date of closure;
(b) A statement of the plan of the charter school
to assist pupils to identify and transfer to another school; and
(c) The telephone number, mailing address and
physical address of the office required by subsection 1.
3. The administrator appointed pursuant to
subsection 1 shall carry out the duties prescribed for the governing body of
the charter school by paragraphs (c) to (i), inclusive, of subsection 1 if the
governing body ceases to exists or is otherwise unable to perform those duties
and shall assume the responsibility for the records of the:
(a) Charter school;
(b) Employees of the charter school; and
(c) Pupils enrolled in the charter school.
4. If an administrator for the charter
school is no longer available to carry out the duties set forth in subsection
3, the governing body of the charter school shall appoint a qualified person to
assume those duties.
5. If the governing body of the charter
school ceases to exist or is otherwise unable to appoint an administrator
pursuant to subsection 1 or a qualified person pursuant to subsection 4, the
sponsor of the charter school shall appoint an administrator or a qualified
person to carry out the duties set forth in subsection 3.
6. In addition to performing the duties
set forth in subsection 3, the administrator appointed by the governing body of
the charter school or the sponsor, or the qualified person appointed to carry
out the duties of the administrator, shall:
(a) Cause to be paid and discharged all the
liabilities and obligations of the charter school to the extent of the charter
school’s assets;
(b) Terminate any lease, service agreement or any
other contract of the charter school that is not necessary to complete the closure
of the charter school;
(c) Supply any information or documents required
by the sponsor of the charter school; and
(d) After the financial affairs of the charter
school have been wound up and the closure of the charter school has otherwise
been completed, cause a financial audit to be prepared and cause a written
report of the audit to be prepared for the sponsor of the charter school and
the Department.
7. The governing body of the charter
school or the sponsor of the charter school may, to the extent practicable,
provide financial compensation to the administrator or person appointed to
carry out the provisions of this section. If the sponsor of the charter school
provides such financial compensation, the sponsor is entitled to receive
reimbursement from the charter school for the costs incurred by the sponsor in
providing the financial compensation. Such reimbursement must not exceed costs
incurred for a period longer than 6 months.
(Added to NRS by 2007, 1255; A 2009, 933; 2013, 1596,
2924, 2925,
effective July 1, 2020)
NRS 386.540 Regulations. [Effective through December 31, 2019.]
1. The Department shall adopt regulations
that prescribe:
(a) The process for submission of an application
pursuant to NRS 386.515 by the board of trustees of
a school district or a college or university within the Nevada System of Higher
Education to the Department for authorization to sponsor charter schools, the
contents of the application, the process for the Department to review the
application and the timeline for review;
(b) The
process for the Department to conduct a comprehensive review of the sponsors of
charter schools that it has approved for sponsorship pursuant to NRS 386.515 at least once every 3 years;
(c) The process for the Department to determine
whether to continue or to revoke the authorization of a board of trustees of a
school district or a college or university within the Nevada System of Higher
Education to sponsor charter schools;
(d) The process for submission of an application
to form a charter school to the board of trustees of a school district, the
State Public Charter School Authority and a college or university within the
Nevada System of Higher Education, and the contents of the application;
(e) The process for submission of an application
to renew a charter contract;
(f) The criteria and type of investigation that
must be applied by the board of trustees, the State Public Charter School
Authority and a college or university within the Nevada System of Higher
Education in determining whether to approve an application to form a charter
school, an application to renew a charter contract or a request for an
amendment of a written charter or a charter contract; and
(g) The process for submission of an amendment of
a written charter or a charter contract pursuant to NRS
386.527 and the contents of the application.
2. The Department may adopt regulations as
it determines are necessary to carry out the provisions of NRS 386.490 to 386.649,
inclusive, including, without limitation, regulations that prescribe the:
(a) Procedures for accounting and budgeting;
(b) Requirements for performance audits and
financial audits of charter schools on an annual basis for charter schools that
do not satisfy the requirements of subsection 1 of NRS
386.5515; and
(c) Requirements for performance audits every 3
years and financial audits on an annual basis for charter schools that satisfy
the requirements of subsection 1 of NRS 386.5515.
(Added to NRS by 1997, 1856; A 2001, 3131; 2007, 2573; 2011, 2365,
3051; 2013, 1667,
2926)
NRS 386.540 Regulations. [Effective
January 1, 2020.]
1. The Department shall adopt regulations
that prescribe:
(a) The process for submission of an application
pursuant to NRS 386.515 by the board of trustees of
a school district or a college or university within the Nevada System of Higher
Education to the Department for authorization to sponsor charter schools, the
contents of the application, the process for the Department to review the
application and the timeline for review;
(b) The
process for the Department to conduct a comprehensive review of the sponsors of
charter schools that it has approved for sponsorship pursuant to NRS 386.515 at least once every 3 years;
(c) The process for the Department to determine
whether to continue or to revoke the authorization of a board of trustees of a
school district or a college or university within the Nevada System of Higher
Education to sponsor charter schools;
(d) The process for submission of an application
to form a charter school to the board of trustees of a school district, the
State Public Charter School Authority and a college or university within the
Nevada System of Higher Education, and the contents of the application;
(e) The process for submission of an application
to renew a charter contract;
(f) The criteria and type of investigation that
must be applied by the board of trustees, the State Public Charter School
Authority and a college or university within the Nevada System of Higher
Education in determining whether to approve an application to form a charter
school, an application to renew a charter contract or a request for an
amendment of a charter contract; and
(g) The process for submission of an amendment of
a charter contract pursuant to NRS 386.527 and the
contents of the application.
2. The Department may adopt regulations as
it determines are necessary to carry out the provisions of NRS 386.490 to 386.649,
inclusive, including, without limitation, regulations that prescribe the:
(a) Procedures for accounting and budgeting;
(b) Requirements for performance audits and
financial audits of charter schools on an annual basis for charter schools that
do not satisfy the requirements of subsection 1 of NRS
386.5515; and
(c) Requirements for performance audits every 3
years and financial audits on an annual basis for charter schools that satisfy
the requirements of subsection 1 of NRS 386.5515.
(Added to NRS by 1997, 1856; A 2001, 3131; 2007, 2573; 2011, 2365,
3051; 2013, 1667,
2926,
effective January 1, 2020)
NRS 386.545 Duty of Department, board of trustees and sponsor to provide
information and assistance; provision of additional services by
district-sponsored charter schools; availability of summer school and
Internet-based classes for certain charter school pupils; request for
additional information by Department.
1. The Department and the board of
trustees of a school district shall:
(a) Upon request, provide information to the
general public concerning the formation and operation of charter schools; and
(b) Maintain a list available for public
inspection that describes the location of each charter school.
2. The sponsor of a charter school shall:
(a) Provide reasonable assistance to an applicant
for a charter school and to a charter school in carrying out the provisions of NRS 386.490 to 386.649,
inclusive;
(b) Provide technical and other reasonable
assistance to a charter school for the operation of the charter school;
(c) Provide information to the governing body of
a charter school concerning the availability of money for the charter school,
including, without limitation, money available from the Federal Government;
(d) Provide timely access to the electronic data
concerning the pupils enrolled in the charter school that is maintained
pursuant to NRS 386.650; and
(e) Provide appropriate information, education
and training to a charter school and the governing body of a charter school
concerning the applicable provisions of this title and any other laws and
regulations that affect charter schools and the governing bodies of charter
schools.
3. If the board of trustees of a school
district is the sponsor of a charter school, the sponsor shall:
(a) Provide the charter school with an updated
list of available substitute teachers within the school district.
(b) Provide access to school buses for use by the
charter school for field trips. The school district may charge a reasonable fee
for the use of the school buses.
(c) If the school district offers summer school
or Internet-based credit recovery classes, allow the pupils enrolled in the
charter school to participate if space is available. The school district shall
apply the same fees, if any, for participation of the pupils enrolled in the
charter school as it applies to pupils enrolled in the school district.
4. If the Department prescribes a process
for charter schools to report certain information, the Department may request
the identified information regardless if that information is required to be
submitted by charter schools pursuant to a specific statute. Upon such a
request, a charter school shall provide the information if the Department
includes a detailed description of the requested information and the mechanism
by which the Department will pay or reimburse the charter school for the
requested information, if the provision of the information will incur any costs
for the charter school.
(Added to NRS by 1997, 1856; A 1999, 3297; 2005, 2402; 2007, 2573; 2011, 3052;
2013, 1668)
NRS 386.547 Duty of State Board to review statutes and regulations and to
provide information. The State
Board shall:
1. Review all statutes and regulations
from which charter schools are exempt and determine whether such exemption
assisted or impeded the charter schools in achieving their educational goals
and objectives.
2. Make available information concerning
the formation and operation of charter schools in this State to pupils, parents
and legal guardians of pupils, teachers and other educational personnel and
members of the general public.
(Added to NRS by 1997, 1856)
Governing Body; Operation and Finances; Contracts;
Implementation of Statutes; Relations With Board of Trustees
NRS 386.549 Membership and qualifications of governing body; powers; duty to
hold public meeting on quarterly basis; authorization of governing body to set
salary for attendance at meetings.
1. The governing body of a charter school
must consist of:
(a) One member who is a teacher or other person
licensed pursuant to chapter 391 of NRS or
who previously held such a license and is retired, as long as his or her
license was held in good standing.
(b) One member who:
(1) Satisfies the qualifications of
paragraph (a); or
(2) Is a school administrator with a
license issued by another state or who previously held such a license and is
retired, as long as his or her license was held in good standing.
(c) One parent or legal guardian of a pupil
enrolled in the charter school who is not a teacher or an administrator at the
charter school.
(d) Two members who possess knowledge and
experience in one or more of the following areas:
(1) Accounting;
(2) Financial services;
(3) Law; or
(4) Human resources.
2. In addition to the members who serve
pursuant to subsection 1, the governing body of a charter school may include,
without limitation, parents and representatives of nonprofit organizations and
businesses. Not more than two persons who serve on the governing body may
represent the same organization or business or otherwise represent the
interests of the same organization or business. A majority of the members of
the governing body must reside in this State. If the membership of the
governing body changes, the governing body shall provide written notice to the
sponsor of the charter school within 10 working days after such change.
3. A person may serve on the governing
body only if the person submits an affidavit to the sponsor of the charter
school indicating that the person:
(a) Has not been convicted of a felony relating
to serving on the governing body of a charter school or any offense involving
moral turpitude.
(b) Has read and understands material concerning
the roles and responsibilities of members of governing bodies of charter
schools and other material designed to assist the governing bodies of charter
schools, if such material is provided to the person by the sponsor.
4. The governing body of a charter school
is a public body. It is hereby given such reasonable and necessary powers, not
conflicting with the Constitution and the laws of the State of Nevada, as may
be requisite to attain the ends for which the charter school is established and
to promote the welfare of pupils who are enrolled in the charter school.
5. The governing body of a charter school
shall, during each calendar quarter, hold at least one regularly scheduled
public meeting in the county in which the charter school is located. Upon an
affirmative vote of a majority of the membership of the governing body, each
member is entitled to receive a salary of not more than $80 for attendance at
each meeting, as fixed by the governing body, not to exceed payment for more
than one meeting per month.
6. As used in subsection 1, “teacher”
means a person who:
(a) Holds a current license to teach issued
pursuant to chapter 391 of NRS or who
previously held such a license and is retired, as long as his or her license
was held in good standing; and
(b) Has at least 2 years of experience as an
employed teacher.
Ê The term
does not include a person who is employed as a substitute teacher.
(Added to NRS by 1999, 3290; A 2001, 3131; 2003, 2697; 2005, 2539; 2007, 2574; 2011, 3053;
2013, 1669,
3827)
NRS 386.550 Operation: General conditions; limitation on programs of
distance education.
1. A charter school shall:
(a) Comply with all laws and regulations relating
to discrimination and civil rights.
(b) Remain nonsectarian, including, without
limitation, in its educational programs, policies for admission and employment
practices.
(c) Refrain from charging tuition or fees,
levying taxes or issuing bonds.
(d) Comply with any plan for desegregation
ordered by a court that is in effect in the school district in which the
charter school is located.
(e) Comply with the provisions of chapter 241 of NRS.
(f) Except as otherwise provided in this
paragraph, schedule and provide annually at least as many days of instruction
as are required of other public schools located in the same school district as
the charter school is located. The governing body of a charter school may
submit a written request to the Superintendent of Public Instruction for a
waiver from providing the days of instruction required by this paragraph. The
Superintendent of Public Instruction may grant such a request if the governing
body demonstrates to the satisfaction of the Superintendent that:
(1) Extenuating circumstances exist to
justify the waiver; and
(2) The charter school will provide at
least as many hours or minutes of instruction as would be provided under a
program consisting of 180 days.
(g) Cooperate with the board of trustees of the
school district in the administration of the examinations administered pursuant
to NRS 389.550 and, if the charter
school enrolls pupils at a high school grade level, the end-of-course examinations
administered pursuant to NRS 389.805
and the college and career readiness assessment administered pursuant to NRS 389.807 to the pupils who are enrolled
in the charter school.
(h) Comply with applicable statutes and
regulations governing the achievement and proficiency of pupils in this State.
(i) Provide instruction in the core academic
subjects set forth in subsection 1 of NRS
389.018, as applicable for the grade levels of pupils who are enrolled in
the charter school, and provide at least the courses of study that are required
of pupils by statute or regulation for promotion to the next grade or
graduation from a public high school and require the pupils who are enrolled in
the charter school to take those courses of study. This paragraph does not
preclude a charter school from offering, or requiring the pupils who are
enrolled in the charter school to take, other courses of study that are
required by statute or regulation.
(j) If the parent or legal guardian of a child
submits an application to enroll in kindergarten, first grade or second grade
at the charter school, comply with NRS
392.040 regarding the ages for enrollment in those grades.
(k) Refrain from using public money to purchase
real property or buildings without the approval of the sponsor.
(l) Hold harmless, indemnify and defend the
sponsor of the charter school against any claim or liability arising from an
act or omission by the governing body of the charter school or an employee or
officer of the charter school. An action at law may not be maintained against
the sponsor of a charter school for any cause of action for which the charter
school has obtained liability insurance.
(m) Provide written notice to the parents or
legal guardians of pupils in grades 9 to 12, inclusive, who are enrolled in the
charter school of whether the charter school is accredited by the Commission on
Schools of the Northwest Association of Schools and of Colleges and
Universities.
(n) Adopt a final budget in accordance with the
regulations adopted by the Department. A charter school is not required to
adopt a final budget pursuant to NRS
354.598 or otherwise comply with the provisions of chapter 354 of NRS.
(o) If the charter school provides a program of
distance education pursuant to NRS 388.820
to 388.874, inclusive, comply with all
statutes and regulations that are applicable to a program of distance education
for purposes of the operation of the program.
2. A charter school shall not provide
instruction through a program of distance education to children who are exempt
from compulsory attendance authorized by the State Board pursuant to subsection
1 of NRS 392.070. As used in this
subsection, “distance education” has the meaning ascribed to it in NRS 388.826.
(Added to NRS by 1997, 1849; A 1999, 2664, 3256, 3297, 3383; 2001, 238, 240, 3132; 2013, 3262)
NRS 386.551 Operation: Governing provisions. The
provisions of NRS 386.490 to 386.649,
inclusive, and any other statute or regulation applicable to a charter school
or its officers or employees govern the formation and operation of charter
schools in this State.
(Added to NRS by 2005, 1662; A 2013, 2927)
NRS 386.5515 Operation: Eligibility for available money for facilities for
charter schools that meet certain conditions; requirements for performance
audit; exemption from annual performance audit; quarterly financial report.
1. To the extent money is available from
legislative appropriation or otherwise, a charter school may apply to the
Department for money for facilities if:
(a) The charter school has been operating in this
State for at least 5 consecutive years and is in good financial standing;
(b) Each financial audit and each performance
audit of the charter school required by the Department pursuant to NRS 386.540 contains no major notations, corrections
or errors concerning the charter school for at least 5 consecutive years;
(c) The charter school has met or exceeded the
annual measurable objectives and performance targets established pursuant to
the statewide system of accountability for public schools or has demonstrated
improvement in the achievement of pupils enrolled in the charter school, as
indicated by those annual measurable objectives and performance targets, for
the majority of the years of its operation; and
(d) At least 75 percent of the pupils enrolled in
grade 12 in the charter school in the immediately preceding school year have
satisfied the criteria prescribed by the State Board pursuant to NRS 389.805, if the charter school enrolls
pupils at a high school grade level.
2. A charter school that satisfies the
requirements of subsection 1 shall submit to a performance audit as required by
the Department one time every 3 years. The sponsor of the charter school and
the Department shall not request a performance audit of the charter school more
frequently than every 3 years without reasonable evidence of noncompliance in
achieving the educational goals and objectives of the charter school based upon
the annual report submitted to the Department pursuant to NRS 386.610. If the charter school no longer satisfies
the requirements of subsection 1 or if reasonable evidence of noncompliance in
achieving the educational goals and objectives of the charter school exists based
upon the annual report, the charter school shall, upon written notice from the
sponsor, submit to an annual performance audit. Notwithstanding the provisions
of paragraph (b) of subsection 1, such a charter school:
(a) May, after undergoing the annual performance
audit, reapply to the sponsor to determine whether the charter school satisfies
the requirements of paragraphs (a), (c) and (d) of subsection 1.
(b) Is not eligible for any available money
pursuant to subsection 1 until the sponsor determines that the charter school
satisfies the requirements of that subsection.
3. A charter school that does not satisfy
the requirements of subsection 1 shall submit a quarterly report of the
financial status of the charter school if requested by the sponsor of the
charter school.
(Added to NRS by 2007, 2567; A 2009, 915, 933; 2011, 2365,
3054; 2013, 1922,
3263)
NRS 386.552 Preparation of plan for implementation of statutes; written
notice to parents and teachers concerning statutes and plan for implementation. Repealed. (See chapter 379, Statutes of Nevada
2013, at page 2042.)
NRS 386.553 Operation for profit prohibited; authorization to incorporate as
nonprofit corporation. A charter
school:
1. Shall not operate for profit.
2. May be incorporated as a nonprofit
corporation pursuant to the provisions of chapter
82 of NRS.
(Added to NRS by 2001, 3123; A 2013, 1598)
NRS 386.555 Support by or affiliation with religion or religious
organization prohibited. A charter
school shall not be supported by or otherwise affiliated with any religion or
religious organization or institution.
(Added to NRS by 1997, 1850)
NRS 386.560 Authorization to contract for services and facilities; donation
of surplus property of school district; authorization to acquire or purchase
buildings, structures or property; board of trustees required to allow pupil to
participate in class or activity of school district in which pupil resides.
1. The governing body of a charter school
may contract with the board of trustees of the school district in which the
charter school is located or in which a pupil enrolled in the charter school
resides or with the Nevada System of Higher Education for the provision of
facilities to operate the charter school or to perform any service relating to
the operation of the charter school, including, without limitation,
transportation, the provision of health services for the pupils who are
enrolled in the charter school and the provision of school police officers. If
the board of trustees of a school district or a college or university within
the Nevada System of Higher Education is the sponsor of the charter school, the
governing body and the sponsor must enter into a service agreement pursuant to NRS 386.561 before the provision of such services.
2. A charter school may use any public
facility located within the school district in which the charter school is
located. A charter school may use school buildings owned by the school district
only upon approval of the board of trustees of the school district and during
times that are not regular school hours.
3. The board of trustees of a school
district may donate surplus personal property of the school district to a
charter school that is located within the school district.
4. A charter school may:
(a) Acquire by construction, purchase, devise,
gift, exchange or lease, or any combination of those methods, and construct,
reconstruct, improve, maintain, equip and furnish any building, structure or
property to be used for any of its educational purposes and the related
appurtenances, easements, rights-of-way, improvements, paving, utilities,
landscaping, parking facilities and lands;
(b) Mortgage, pledge or otherwise encumber all or
any part of its property or assets;
(c) Borrow money and otherwise incur
indebtedness; and
(d) Use public money to purchase real property or
buildings with the approval of the sponsor.
5. Except as otherwise provided in this
subsection, upon the request of a parent or legal guardian of a pupil who is
enrolled in a charter school, the board of trustees of the school district in
which the pupil resides shall authorize the pupil to participate in a class
that is not available to the pupil at the charter school or participate in an
extracurricular activity, excluding sports, at a public school within the
school district if:
(a) Space for the pupil in the class or
extracurricular activity is available; and
(b) The parent or legal guardian demonstrates to
the satisfaction of the board of trustees that the pupil is qualified to participate
in the class or extracurricular activity.
Ê If the board
of trustees of a school district authorizes a pupil to participate in a class
or extracurricular activity, excluding sports, pursuant to this subsection, the
board of trustees is not required to provide transportation for the pupil to
attend the class or activity. The provisions of this subsection do not apply to
a pupil who is enrolled in a charter school and who desires to participate on a
part-time basis in a program of distance education provided by the board of
trustees of a school district pursuant to NRS
388.820 to 388.874, inclusive. Such
a pupil must comply with NRS 388.858.
6. Upon the request of a parent or legal
guardian of a pupil who is enrolled in a charter school, the board of trustees
of the school district in which the pupil resides shall authorize the pupil to
participate in sports at the public school that he or she would otherwise be
required to attend within the school district, or upon approval of the board of
trustees, any public school within the same zone of attendance as the charter
school if:
(a) Space is available for the pupil to
participate; and
(b) The parent or legal guardian demonstrates to
the satisfaction of the board of trustees that the pupil is qualified to
participate.
Ê If the board
of trustees of a school district authorizes a pupil to participate in sports
pursuant to this subsection, the board of trustees is not required to provide
transportation for the pupil to participate.
7. The board of trustees of a school
district may revoke its approval for a pupil to participate in a class,
extracurricular activity or sports at a public school pursuant to subsections 5
and 6 if the board of trustees or the public school determines that the pupil
has failed to comply with applicable statutes, or applicable rules and
regulations of the board of trustees, the public school or the Nevada
Interscholastic Activities Association. If the board of trustees so revokes its
approval, neither the board of trustees nor the public school is liable for any
damages relating to the denial of services to the pupil.
(Added to NRS by 1997, 1850; A 1999, 3299; 2001, 3133; 2007, 2575; 2009, 934; 2011, 2366,
3055; 2013, 1598)
NRS 386.561 Authorization to contract with sponsor of charter school for
certain services; annual service agreement; sponsor required to provide
itemized accounting; annual reconciliation of difference; request for
independent review by Department. [Effective through December 31, 2019.]
1. The governing body of a charter school
may contract with the sponsor of the charter school for the purchase of
services, excluding those services which are covered by the sponsorship fee
paid to the sponsor pursuant to NRS 386.570. If the
governing body of a charter school elects to purchase such services, the
governing body and the sponsor shall enter into an annual service agreement
which is separate from the written charter or charter contract of the charter
school, as applicable.
2. If a service agreement is entered into
pursuant to this section, the sponsor of the charter school shall, not later
than August 1 after the completion of the school year, provide to the governing
body of the charter school an itemized accounting of the actual costs of those
services purchased by the charter school. Any difference between the amount
paid by the charter school pursuant to the service agreement and the actual
cost for those services must be reconciled and paid to the party to whom it is
due. If the governing body or the sponsor disputes the amount due, the party
making the dispute may request an independent review by the Department, whose
determination is final.
3. The governing body of a charter school
may not be required to enter into a service agreement pursuant to this section
as a condition to approval of its charter contract by the sponsor of the
charter school or as a condition to renewal of the charter contract.
(Added to NRS by 2011, 2356;
A 2013,
2927)
NRS 386.561 Authorization to contract
with sponsor of charter school for certain services; annual service agreement;
sponsor required to provide itemized accounting; annual reconciliation of
difference; request for independent review by Department. [Effective January 1,
2020.]
1. The governing body of a charter school
may contract with the sponsor of the charter school for the purchase of
services, excluding those services which are covered by the sponsorship fee
paid to the sponsor pursuant to NRS 386.570. If the
governing body of a charter school elects to purchase such services, the
governing body and the sponsor shall enter into an annual service agreement
which is separate from the charter contract of the charter school.
2. If a service agreement is entered into
pursuant to this section, the sponsor of the charter school shall, not later
than August 1 after the completion of the school year, provide to the governing
body of the charter school an itemized accounting of the actual costs of those
services purchased by the charter school. Any difference between the amount
paid by the charter school pursuant to the service agreement and the actual
cost for those services must be reconciled and paid to the party to whom it is
due. If the governing body or the sponsor disputes the amount due, the party
making the dispute may request an independent review by the Department, whose
determination is final.
3. The governing body of a charter school
may not be required to enter into a service agreement pursuant to this section
as a condition to approval of its charter contract by the sponsor of the
charter school or as a condition to renewal of the charter contract.
(Added to NRS by 2011, 2356;
A 2013,
2927, 2928,
effective January 1, 2020)
NRS 386.562 Prohibited provisions of contracts with contractors or
educational management organizations.
1. A contract or a proposed contract
between a charter school or a proposed charter school and a contractor or an
educational management organization must not:
(a) Give to the contractor or educational
management organization direct control of educational services, financial
decisions, the appointment of members of the governing body, or the hiring and
dismissal of an administrator or financial officer of the charter school or proposed
charter school;
(b) Authorize the payment of loans, advances or
other monetary charges from the contractor or educational management
organization which are greater than 15 percent of the total expected funding
received by the charter school or proposed charter school from the State
Distributive School Account;
(c) Require the charter school or proposed
charter school to prepay any fees to the contractor or educational management
organization;
(d) Require the charter school or proposed
charter school to pay the contractor or educational management organization
before the payment of other obligations of the charter school or proposed
charter school during a period of financial distress;
(e) Allow a contractor or educational management
organization to cause a delay in the repayment of a loan or other money
advanced by the contractor or educational management organization to the
charter school or proposed charter school, which delay would increase the cost
to the charter school or proposed charter school of repaying the loan or
advance;
(f) Require the charter school or proposed
charter school to enroll a minimum number of pupils for the continuation of the
contract between the charter school or proposed charter school and the
contractor or educational management organization;
(g) Require the charter school or proposed
charter school to request or borrow money from this State to pay the contractor
or educational management organization if the contractor or educational
management organization will provide financial management to the charter school
or proposed charter school;
(h) Contain a provision which restricts the
ability of the charter school or proposed charter school to borrow money from a
person or entity other than the contractor or educational management
organization;
(i) Provide for the allocation to the charter
school or proposed charter school of any indirect cost incurred by the
contractor or educational management organization;
(j) Authorize the payment of fees to the
contractor or educational management organization which are not attributable to
the actual services provided by the contractor or educational management
organization;
(k) Allow any money received by the charter
school or proposed charter school from this State or from the board of trustees
of a school district to be transferred to or deposited in a bank, credit union
or other financial institution outside this State, including money controlled
by the contractor or educational management organization; or
(l) Except as otherwise provided in this
paragraph, provide incentive fees to the contractor or educational management
organization. A contract or a proposed contract may provide to the contractor
or educational management organization incentive fees that are based on the academic
improvement of pupils enrolled in the charter school.
2. As used in this section, “contractor”
or “educational management organization” means a corporation, business,
organization or other entity, whether or not conducted for profit, with whom a
committee to form a charter school or the governing body of a charter school,
as applicable, contracts to assist with the operation, management or provision
and implementation of educational services and programs of the charter school
or proposed charter school. The term includes a corporation, business,
organization or other entity that directly employs and provides personnel to a
charter school or proposed charter school.
(Added to NRS by 2011, 2356;
A 2013,
1599)
NRS 386.563 Solicitation or acceptance of gifts or money from charter school
by member of board of trustees or employee of school district prohibited;
exception; penalty.
1. Unless otherwise authorized by specific
statute, it is unlawful for a member of the board of trustees of a school
district or an employee of a school district to solicit or accept any gift or
payment of money on his or her own behalf or on behalf of the school district
or for any other purpose from a member of a committee to form a charter school,
the governing body of a charter school, or any officer or employee of a charter
school.
2. This section does not prohibit the
payment of a salary or other compensation or income to a member of the board of
trustees or an employee of a school district for services provided in
accordance with a contract made pursuant to NRS 386.560.
3. A person who violates subsection 1
shall be punished for a misdemeanor.
(Added to NRS by 2001, 3123)
NRS 386.565 Board of trustees prohibited from interfering with operation and
management. [Effective through December 31, 2019.] The
board of trustees of a school district in which a charter school is located
shall not:
1. Assign any pupil who is enrolled in a
public school in the school district or any employee who is employed in a
public school in the school district to a charter school.
2. Interfere with the operation and
management of the charter school except as authorized by the written charter or
charter contract, as applicable, NRS 386.490 to 386.649, inclusive, and any other statute or
regulation applicable to charter schools or its officers or employees.
(Added to NRS by 1997, 1848; A 1999, 3300; 2013, 2928)
NRS 386.565 Board of trustees
prohibited from interfering with operation and management. [Effective January
1, 2020.] The board of trustees of
a school district in which a charter school is located shall not:
1. Assign any pupil who is enrolled in a
public school in the school district or any employee who is employed in a
public school in the school district to a charter school.
2. Interfere with the operation and
management of the charter school except as authorized by the charter contract, NRS 386.490 to 386.649,
inclusive, and any other statute or regulation applicable to charter schools or
its officers or employees.
(Added to NRS by 1997, 1848; A 1999, 3300; 2013, 2928,
effective January 1, 2020)
NRS 386.570 Count of pupils for apportionment; deposit of money; payment of
quarterly sponsorship fee to sponsor; request by charter school for reduction
in sponsorship fee; distribution in first year of operation; payment of
remaining apportionments upon cessation of operation; solicitation and
acceptance of donations and grants.
1. Each pupil who is enrolled in a charter
school, including, without limitation, a pupil who is enrolled in a program of
special education in a charter school, must be included in the count of pupils
in the school district for the purposes of apportionments and allowances from
the State Distributive School Account pursuant to NRS 387.121 to 387.126, inclusive, unless the pupil is
exempt from compulsory attendance pursuant to NRS 392.070. A charter school is entitled
to receive its proportionate share of any other money available from federal,
state or local sources that the school or the pupils who are enrolled in the
school are eligible to receive. If a charter school receives special education
program units directly from this State, the amount of money for special
education that the school district pays to the charter school may be reduced
proportionately by the amount of money the charter school received from this
State for that purpose. The State Board shall prescribe a process which ensures
that all charter schools, regardless of the sponsor, have information about all
sources of funding for the public schools provided through the Department,
including local funds pursuant to NRS
387.1235.
2. All money received by the charter
school from this State or from the board of trustees of a school district must
be deposited in an account with a bank, credit union or other financial
institution in this State. The governing body of a charter school may negotiate
with the board of trustees of the school district and the State Board for
additional money to pay for services which the governing body wishes to offer.
3. Upon completion of each school quarter,
the Superintendent of Public Instruction shall pay to the sponsor of a charter
school one-quarter of the yearly sponsorship fee for the administrative costs
associated with sponsorship for that school quarter, which must be deducted
from the quarterly apportionment to the charter school made pursuant to NRS 387.124. Except as otherwise provided
in subsection 4, the yearly sponsorship fee for the sponsor of a charter school
must be in an amount of money not to exceed 2 percent of the total amount of
money apportioned to the charter school during the school year pursuant to NRS 387.124.
4. If the governing body of a charter
school satisfies the requirements of this subsection, the governing body may
submit a request to the sponsor of the charter school for approval of a
sponsorship fee in an amount that is less than 2 percent but at least 1 percent
of the total amount of money apportioned to the charter school during the
school year pursuant to NRS 387.124.
The sponsor of the charter school shall approve such a request if the sponsor
of the charter school determines that the charter school satisfies the
requirements of this subsection. If the sponsor of the charter school approves
such a request, the sponsor shall provide notice of the decision to the
governing body of the charter school and the Superintendent of Public
Instruction. If the sponsor of the charter school denies such a request, the
governing body of the charter school may appeal the decision of the sponsor to
the Superintendent of Public Instruction. Upon appeal, the sponsor of the
charter school and the governing body of the charter school are entitled to
present evidence. The decision of the Superintendent of Public Instruction on
the appeal is final and is not subject to judicial review. The governing body
of a charter school may submit a request for a reduction of the sponsorship fee
pursuant to this subsection if:
(a) The charter school satisfies the requirements
of subsection 1 of NRS 386.5515; and
(b) There has been a decrease in the duties of
the sponsor of the charter school that justifies a decrease in the sponsorship
fee.
5. To determine the amount of money for
distribution to a charter school in its first year of operation, the count of
pupils who are enrolled in the charter school must initially be determined 30
days before the beginning of the school year of the school district, based on
the number of pupils whose applications for enrollment have been approved by
the charter school. The count of pupils who are enrolled in the charter school
must be revised on the last day of the first school month of the school
district in which the charter school is located for the school year, based on
the actual number of pupils who are enrolled in the charter school. Pursuant to
subsection 5 of NRS 387.124, the
governing body of a charter school may request that the apportionments made to
the charter school in its first year of operation be paid to the charter school
30 days before the apportionments are otherwise required to be made.
6. If a charter school ceases to operate
as a charter school during a school year, the remaining apportionments that would
have been made to the charter school pursuant to NRS 387.124 for that year must be paid on
a proportionate basis to the school districts where the pupils who were
enrolled in the charter school reside.
7. The governing body of a charter school
may solicit and accept donations, money, grants, property, loans, personal
services or other assistance for purposes relating to education from members of
the general public, corporations or agencies. The governing body may comply
with applicable federal laws and regulations governing the provision of federal
grants for charter schools. The State Public Charter School Authority may
assist a charter school that operates exclusively for the enrollment of pupils
who receive special education in identifying sources of money that may be
available from the Federal Government or this State for the provision of
educational programs and services to such pupils.
(Added to NRS by 1997, 1852; A 1999, 3300; 2001, 3134; 2005, 2403; 2007, 2576; 2009, 935; 2011, 765, 2368, 3056; 2013, 1600)
NRS 386.573 Orders for payment of money; limitations.
1. The governing body of a charter school
shall designate a person to draw all orders for the payment of money belonging
to the charter school. The orders must be listed on cumulative voucher sheets.
2. The governing body of a charter school
shall prescribe the procedures by which the orders must be approved and the
cumulative voucher sheets signed.
3. An order for the payment of money to a
member of the governing body of the charter school may only be drawn for
salary, travel expenses, subsistence allowances or for services rendered by the
member.
4. An action may not be maintained against
any governing body of a charter school or the sponsor of a charter school to
collect upon any bill not presented for payment to the governing body within 6
months after the bill was incurred.
(Added to NRS by 1999, 3290)
NRS 386.575 Bankruptcy: Disposition of property; immunity of State and
sponsor from liability.
1. If a charter school files a voluntary
petition of bankruptcy or is declared bankrupt during a school year, any real
property or other property held by the charter school must be disposed of as
provided in NRS 386.536.
2. If a charter school files a voluntary
petition of bankruptcy or is declared bankrupt during a school year, neither
the State of Nevada nor the sponsor of the charter school may be held liable
for any claims resulting from the bankruptcy.
(Added to NRS by 1997, 1848; A 1999, 3301; 2013, 1602)
Account for Charter Schools
NRS 386.576 Creation; investment; credit of interest and income; deposit of
money; payment of claims; acceptance of gifts and grants.
1. The Account for Charter Schools is
hereby created in the State General Fund as a revolving loan account, to be
administered by the State Public Charter School Authority.
2. The money in the Account must be
invested as money in other state accounts is invested. All interest and income
earned on the money in the Account must be credited to the Account. Any money
remaining in the Account at the end of a fiscal year does not revert to the
State General Fund, and the balance in the Account must be carried forward.
3. All payments of principal and interest
on all the loans made to a charter school from the Account must be deposited
with the State Treasurer for credit to the Account.
4. Claims against the Account must be paid
as other claims against the State are paid.
5. The State Public Charter School
Authority may accept gifts, grants, bequests and donations from any source for
deposit in the Account.
(Added to NRS by 2001, 3124; A 2011, 446; 2013, 27th
Special Session, 4)
NRS 386.577 Authorized uses of money in Account; limitation.
1. After deducting the costs directly
related to administering the Account for Charter Schools, the State Public
Charter School Authority may use the money in the Account for Charter Schools,
including repayments of principal and interest on loans made from the Account,
and interest and income earned on money in the Account, only to make loans at
or below market rate to charter schools for the costs incurred:
(a) In preparing a charter school to commence its
first year of operation; and
(b) To improve a charter school that has been in
operation.
2. The total amount of a loan that may be
made to a charter school pursuant to subsection 1 must not exceed the lesser of
an amount equal to $500 per pupil enrolled or to be enrolled at the charter
school or $200,000.
(Added to NRS by 2001, 3124; A 2013, 27th
Special Session, 5)
NRS 386.578 Application for loan; requirements of contract for loan;
regulations. [Effective through December 31, 2019.]
1. If the governing body of a charter
school has a written charter issued or a charter contract executed pursuant to NRS 386.527, the governing body may submit an
application to the State Public Charter School Authority for a loan from the
Account for Charter Schools. An application must include a written description
of the manner in which the loan will be used to prepare the charter school for
its first year of operation or to improve a charter school that has been in
operation.
2. The State Public Charter School
Authority shall, within the limits of money available for use in the Account,
make loans to charter schools whose applications have been approved. If the
State Public Charter School Authority makes a loan from the Account, the State
Public Charter School Authority shall ensure that the contract for the loan
includes all terms and conditions for repayment of the loan.
3. The State Board:
(a) Shall adopt regulations that prescribe the:
(1) Annual deadline for submission of an
application to the State Public Charter School Authority by a charter school
that desires to receive a loan from the Account; and
(2) Period for repayment and the rate of
interest for loans made from the Account.
(b) May adopt such other regulations as it deems
necessary to carry out the provisions of this section and NRS 386.576 and 386.577.
(Added to NRS by 2001, 3124; A 2013, 2929;
2013,
27th Special Session, 5)
NRS 386.578 Application for loan;
requirements of contract for loan; regulations. [Effective January 1, 2020.]
1. If the governing body of a charter
school has a charter contract executed pursuant to NRS
386.527, the governing body may submit an application to the State Public
Charter School Authority for a loan from the Account for Charter Schools. An
application must include a written description of the manner in which the loan
will be used to prepare the charter school for its first year of operation or
to improve a charter school that has been in operation.
2. The State Public Charter School
Authority shall, within the limits of money available for use in the Account,
make loans to charter schools whose applications have been approved. If the
State Public Charter School Authority makes a loan from the Account, the State
Public Charter School Authority shall ensure that the contract for the loan
includes all terms and conditions for repayment of the loan.
3. The State Board:
(a) Shall adopt regulations that prescribe the:
(1) Annual deadline for submission of an
application to the State Public Charter School Authority by a charter school
that desires to receive a loan from the Account; and
(2) Period for repayment and the rate of
interest for loans made from the Account.
(b) May adopt such other regulations as it deems
necessary to carry out the provisions of this section and NRS 386.576 and 386.577.
(Added to NRS by 2001, 3124; A 2013, 2929,
effective January 1, 2020; 2013, 27th
Special Session, 5)
Pupils
NRS 386.580 Application for admission; determination of enrollment;
authorization to enroll certain children first; discrimination prohibited;
exception for charter school that provides education for certain pupils;
participation in class or extracurricular activity by pupil enrolled in another
school or homeschooled child.
1. An application for enrollment in a
charter school may be submitted to the governing body of the charter school by
the parent or legal guardian of any child who resides in this State. Except as
otherwise provided in this subsection and subsection 2, a charter school shall
enroll pupils who are eligible for enrollment in the order in which the
applications are received. If the board of trustees of the school district in
which the charter school is located has established zones of attendance
pursuant to NRS 388.040, the charter
school shall, if practicable, ensure that the racial composition of pupils
enrolled in the charter school does not differ by more than 10 percent from the
racial composition of pupils who attend public schools in the zone in which the
charter school is located. If a charter school is sponsored by the board of
trustees of a school district located in a county whose population is 100,000
or more, except for a program of distance education provided by the charter
school, the charter school shall enroll pupils who are eligible for enrollment
who reside in the school district in which the charter school is located before
enrolling pupils who reside outside the school district. Except as otherwise
provided in subsection 2, if more pupils who are eligible for enrollment apply
for enrollment in the charter school than the number of spaces which are
available, the charter school shall determine which applicants to enroll
pursuant to this subsection on the basis of a lottery system.
2. Before a charter school enrolls pupils
who are eligible for enrollment, a charter school may enroll a child who:
(a) Is a sibling of a pupil who is currently
enrolled in the charter school;
(b) Was enrolled, free of charge and on the basis
of a lottery system, in a prekindergarten program at the charter school or any
other early childhood educational program affiliated with the charter school;
(c) Is a child of a person who is:
(1) Employed by the charter school;
(2) A member of the committee to form the
charter school; or
(3) A member of the governing body of the
charter school;
(d) Is in a particular category of at-risk pupils
and the child meets the eligibility for enrollment prescribed by the charter
school for that particular category; or
(e) Resides within the school district and within
2 miles of the charter school if the charter school is located in an area that
the sponsor of the charter school determines includes a high percentage of
children who are at risk. If space is available after the charter school
enrolls pupils pursuant to this paragraph, the charter school may enroll
children who reside outside the school district but within 2 miles of the
charter school if the charter school is located within an area that the sponsor
determines includes a high percentage of children who are at risk.
Ê If more
pupils described in this subsection who are eligible apply for enrollment than
the number of spaces available, the charter school shall determine which
applicants to enroll pursuant to this subsection on the basis of a lottery
system.
3. Except as otherwise provided in
subsection 8, a charter school shall not accept applications for enrollment in
the charter school or otherwise discriminate based on the:
(a) Race;
(b) Gender;
(c) Religion;
(d) Ethnicity; or
(e) Disability,
Ê of a pupil.
4. If the governing body of a charter
school determines that the charter school is unable to provide an appropriate
special education program and related services for a particular disability of a
pupil who is enrolled in the charter school, the governing body may request
that the board of trustees of the school district of the county in which the
pupil resides transfer that pupil to an appropriate school.
5. Except as otherwise provided in this
subsection, upon the request of a parent or legal guardian of a child who is
enrolled in a public school of a school district or a private school, or a
parent or legal guardian of a homeschooled child, the governing body of the
charter school shall authorize the child to participate in a class that is not
otherwise available to the child at his or her school or homeschool or
participate in an extracurricular activity at the charter school if:
(a) Space for the child in the class or
extracurricular activity is available;
(b) The parent or legal guardian demonstrates to
the satisfaction of the governing body that the child is qualified to
participate in the class or extracurricular activity; and
(c) The child is a homeschooled child and a
notice of intent of a homeschooled child to participate in programs and
activities is filed for the child with the school district in which the child
resides for the current school year pursuant to NRS 392.705.
Ê If the
governing body of a charter school authorizes a child to participate in a class
or extracurricular activity pursuant to this subsection, the governing body is
not required to provide transportation for the child to attend the class or
activity. A charter school shall not authorize such a child to participate in a
class or activity through a program of distance education provided by the
charter school pursuant to NRS 388.820
to 388.874, inclusive.
6. The governing body of a charter school
may revoke its approval for a child to participate in a class or
extracurricular activity at a charter school pursuant to subsection 5 if the
governing body determines that the child has failed to comply with applicable
statutes, or applicable rules and regulations. If the governing body so revokes
its approval, neither the governing body nor the charter school is liable for
any damages relating to the denial of services to the child.
7. The governing body of a charter school
may, before authorizing a homeschooled child to participate in a class or
extracurricular activity pursuant to subsection 5, require proof of the
identity of the child, including, without limitation, the birth certificate of
the child or other documentation sufficient to establish the identity of the
child.
8. This section does not preclude the
formation of a charter school that is dedicated to provide educational services
exclusively to pupils:
(a) With disabilities;
(b) Who pose such severe disciplinary problems
that they warrant a specific educational program, including, without
limitation, a charter school specifically designed to serve a single gender
that emphasizes personal responsibility and rehabilitation; or
(c) Who are at risk.
Ê If more
eligible pupils apply for enrollment in such a charter school than the number
of spaces which are available, the charter school shall determine which
applicants to enroll pursuant to this subsection on the basis of a lottery
system.
(Added to NRS by 1997, 1850; A 1999, 3301; 2001, 3135; 2003, 2960; 2005, 1537, 1664, 2404, 2540; 2007, 3029; 2009, 261, 580; 2013, 2929)
NRS 386.582 Transfer of credit. If a pupil has
successfully completed equivalent courses at a charter school, the pupil must
be allowed to transfer the credit that the pupil received at the charter school
as applicable toward advancement to the next grade at any other public school
or toward graduation from any other public school.
(Added to NRS by 1999, 3291)
NRS 386.583 Adoption of rules for academic retention. The
governing body of a charter school shall adopt rules for the academic retention
of pupils who are enrolled in the charter school. The rules must prescribe the
conditions under which a pupil may be retained in the same grade rather than
promoted to the next higher grade for the immediately succeeding school year.
(Added to NRS by 1999, 3291)
NRS 386.584 Issuance of high school diploma; approval of form for diploma by
Department.
1. If a charter school provides
instruction to pupils enrolled in a high school grade level and the charter
school requires those pupils to satisfy requirements for graduation from high
school that are less than the requirements imposed by the school district in
which the charter school is located, the charter school shall not issue a high
school diploma of the school district but may issue a high school diploma which
clearly indicates that it is a diploma issued by a charter school. If a charter
school requires its pupils to satisfy requirements for graduation from high
school that meet or exceed the requirements of the school district in which the
charter school is located, the charter school may issue a high school diploma
of the school district or a high school diploma of the charter school.
2. A charter school shall submit the form
for a diploma of the charter school to the Department for approval if the form
differs from the form of the school district in which the charter school is
located.
3. The provisions of this section do not
authorize a charter school to impose requirements for graduation from high
school that are less than the requirements of the applicable state statutes and
regulations.
(Added to NRS by 2001, 3124)
NRS 386.585 Adoption and distribution of rules of behavior and punishments;
procedure for suspension or expulsion of pupils; adoption of rules for truancy.
1. A governing body of a charter school
shall adopt:
(a) Written rules of behavior required of and
prohibited for pupils attending the charter school; and
(b) Appropriate punishments for violations of the
rules.
2. Except as otherwise provided in
subsection 3, if suspension or expulsion of a pupil is used as a punishment for
a violation of the rules, the charter school shall ensure that, before the
suspension or expulsion, the pupil has been given notice of the charges against
him or her, an explanation of the evidence and an opportunity for a hearing.
The provisions of chapter 241 of NRS do not
apply to any hearing conducted pursuant to this section. Such a hearing must be
closed to the public.
3. A pupil who poses a continuing danger
to persons or property or an ongoing threat of disrupting the academic process
or who is selling or distributing any controlled substance or who is found to
be in possession of a dangerous weapon as provided in NRS 392.466 may be removed from the
charter school immediately upon being given an explanation of the reasons for
his or her removal and pending proceedings, which must be conducted as soon as
practicable after removal, for suspension or expulsion of the pupil.
4. A pupil who is enrolled in a charter
school and participating in a program of special education pursuant to NRS 388.520, other than a pupil who is
gifted and talented or who receives early intervening services, may, in
accordance with the procedural policy adopted by the governing body of the
charter school for such matters, be:
(a) Suspended from the charter school pursuant to
this section for not more than 10 days.
(b) Suspended from the charter school for more
than 10 days or permanently expelled from school pursuant to this section only
after the governing body has reviewed the circumstances and determined that the
action is in compliance with the Individuals with Disabilities Education Act,
20 U.S.C. §§ 1400 et seq.
5. A copy of the rules of behavior,
prescribed punishments and procedures to be followed in imposing punishments
must be:
(a) Distributed to each pupil at the beginning of
the school year and to each new pupil who enters school during the year.
(b) Available for public inspection at the
charter school.
6. The governing body of a charter school
may adopt rules relating to the truancy of pupils who are enrolled in the
charter school if the rules are at least as restrictive as the provisions
governing truancy set forth in NRS 392.130
to 392.220, inclusive. If a governing
body adopts rules governing truancy, it shall include the rules in the written
rules adopted by the governing body pursuant to subsection 1.
(Added to NRS by 1997, 1851; A 2009, 752)
Personnel
NRS 386.588 Fingerprinting of nonlicensed applicants; review of criminal
history report by Superintendent of Public Instruction under certain
circumstances; prohibition on employment of certain applicants.
1. Each applicant for employment with a
charter school, except a licensed teacher or other person licensed by the
Superintendent of Public Instruction, must, as a condition to employment,
submit to the governing body of the charter school a complete set of the
applicant’s fingerprints and written permission authorizing the governing body
to forward the fingerprints to the Central Repository for Nevada Records of
Criminal History for its report on the criminal history of the applicant and
for submission to the Federal Bureau of Investigation for its report on the
criminal history of the applicant.
2. If the reports on the criminal history
of an applicant indicate that the applicant has not been convicted of a felony
or an offense involving moral turpitude, the governing body of the charter
school may employ the applicant.
3. If a report on the criminal history of
an applicant indicates that the applicant has been convicted of a felony or an
offense involving moral turpitude and the governing body of the charter school
does not disqualify the applicant from further consideration of employment on
the basis of that report, the governing body shall, upon the written
authorization of the applicant, forward a copy of the report to the
Superintendent of Public Instruction. If the applicant refuses to provide his
or her written authorization to forward a copy of the report pursuant to this
subsection, the charter school shall not employ the applicant.
4. The Superintendent of Public
Instruction or the Superintendent’s designee shall promptly review the report
to determine whether the conviction of the applicant is related or unrelated to
the position with the charter school for which the applicant has applied. If
the applicant desires employment with the charter school, the applicant shall,
upon the request of the Superintendent of Public Instruction or the
Superintendent’s designee, provide any further information that the
Superintendent or the designee determines is necessary to make the
determination. If the governing body of the charter school desires to employ
the applicant, the governing body shall, upon the request of the Superintendent
of Public Instruction or the Superintendent’s designee, provide any further
information that the Superintendent or the designee determines is necessary to
make the determination. The Superintendent of Public Instruction or the
Superintendent’s designee shall provide written notice of the determination to
the applicant and to the governing body of the charter school.
5. If the Superintendent of Public
Instruction or the Superintendent’s designee determines that the conviction of
the applicant is related to the position with the charter school for which the
applicant has applied, the governing body of the charter school shall not
employ the applicant. If the Superintendent of Public Instruction or the Superintendent’s
designee determines that the conviction of the applicant is unrelated to the
position with the charter school for which the applicant has applied, the
governing body of the charter school may employ the applicant for that
position.
(Added to NRS by 2005, 2397)
NRS 386.590 Employment of licensed teachers required for certain
instruction; certain teachers required to possess qualifications prescribed by
federal law; qualifications of nonlicensed teachers; qualifications and
employment of administrators; limitation on salaries of administrators;
submission of information to Department.
1. Except as otherwise provided in this
subsection, at least 70 percent of the teachers who provide instruction at a
charter school must be licensed teachers. If a charter school is a vocational
school, the charter school shall, to the extent practicable, ensure that at
least 70 percent of the teachers who provide instruction at the school are
licensed teachers, but in no event may more than 50 percent of the teachers who
provide instruction at the school be unlicensed teachers.
2. A governing body of a charter school
shall employ:
(a) If the charter school offers instruction in
kindergarten or grade 1, 2, 3, 4, 5, 6, 7 or 8, a licensed teacher to teach
pupils who are enrolled in those grades. If required by subsection 3 or 4, such
a teacher must possess the qualifications required by 20 U.S.C. § 6319(a).
(b) If the charter school offers instruction in
grade 9, 10, 11 or 12, a licensed teacher to teach pupils who are enrolled in
those grades for the subjects set forth in subsection 4. If required by
subsection 3 or 4, such a teacher must possess the qualifications required by
20 U.S.C. § 6319(a).
(c) In addition to the requirements of paragraphs
(a) and (b):
(1) If a charter school specializes in
arts and humanities, physical education or health education, a licensed teacher
to teach those courses of study.
(2) If a charter school specializes in the
construction industry or other building industry, licensed teachers to teach
courses of study relating to the industry if those teachers are employed
full-time.
(3) If a charter school specializes in the
construction industry or other building industry and the school offers courses
of study in computer education, technology or business, licensed teachers to
teach those courses of study if those teachers are employed full-time.
3. A person who is initially hired by the
governing body of a charter school on or after January 8, 2002, to teach in a
program supported with money from Title I must possess the qualifications
required by 20 U.S.C. § 6319(a). For the purposes of this subsection, a person
is not “initially hired” if the person has been employed as a teacher by
another school district or charter school in this State without an interruption
in employment before the date of hire by his or her current employer.
4. A teacher who is employed by a charter
school, regardless of the date of hire, must, on or before July 1, 2006,
possess the qualifications required by 20 U.S.C. § 6319(a) if the teacher
teaches one or more of the following subjects:
(a) English, reading or language arts;
(b) Mathematics;
(c) Science;
(d) Foreign language;
(e) Civics or government;
(f) Economics;
(g) Geography;
(h) History; or
(i) The arts.
5. Except as otherwise provided in NRS 386.588, a charter school may employ a person who
is not licensed pursuant to the provisions of chapter
391 of NRS to teach a course of study for which a licensed teacher is not
required pursuant to subsections 2, 3 and 4 if the person has:
(a) A degree, a license or a certificate in the
field for which the person is employed to teach at the charter school; and
(b) At least 2 years of experience in that field.
6. Except as otherwise provided in NRS 386.588, a charter school shall employ such
administrators for the school as it deems necessary. A person employed as an
administrator must possess:
(a) A valid teacher’s license issued pursuant to chapter 391 of NRS with an administrative
endorsement;
(b) A master’s degree in school administration,
public administration or business administration; or
(c) At least 5 years of experience in school
administration, public administration or business administration and a
baccalaureate degree.
7. Except as otherwise provided in
subsection 8, the portion of the salary or other compensation of an
administrator employed by a charter school that is derived from public funds
must not exceed the salary or other compensation, as applicable, of the highest
paid administrator in a comparable position in the school district in which the
charter school is located. For purposes of determining the salary or other
compensation of the highest paid administrator in a comparable position in the
school district, the salary or other compensation of the superintendent of
schools of that school district must not be included in the determination.
8. If the salary or other compensation
paid to an administrator employed by a charter school from public funds exceeds
the maximum amount prescribed in subsection 7, the sponsor of the charter
school shall conduct an audit of the salary or compensation. The audit must
include, without limitation, a review of the reasons set forth by the governing
body of the charter school for the salary or other compensation and the
interests of the public in using public funds to pay that salary or
compensation. If the sponsor determines that the payment of the salary or other
compensation from public funds is justified, the sponsor shall provide written
documentation of its determination to the governing body of the charter school
and to the Department. If the sponsor determines that the payment of the salary
or other compensation from public funds is not justified, the governing body of
the charter school shall reduce the salary or compensation paid to the
administrator from public funds to an amount not to exceed the maximum amount
prescribed in subsection 7.
9. A charter school shall not employ a
person pursuant to this section if the person’s license to teach or provide
other educational services has been revoked or suspended in this State or
another state.
10. On or before November 15 of each year,
a charter school shall submit to the Department, in a format prescribed by the
Superintendent of Public Instruction, the following information for each person
who is licensed pursuant to chapter 391 of
NRS and who is employed by the governing body on October 1 of that year:
(a) The amount of salary or compensation of the
licensed person, including, without limitation, verification of compliance with
subsection 7, if applicable to that person; and
(b) The designated assignment, as that term is
defined by the Department, of the licensed person.
(Added to NRS by 1997, 1852; A 1999, 3302; 2001, 3137; 2003, 19th
Special Session, 44; 2005, 2406, 2542; 2007, 1258; 2011, 3058)
NRS 386.593 Certain paraprofessionals required to possess qualifications
prescribed by federal law.
1. A person who is initially hired as a
paraprofessional by a charter school after January 8, 2002, to work in a
program supported with Title I money must possess the qualifications required
by 20 U.S.C. § 6319(c).
2. A person who is employed as a
paraprofessional by a charter school, regardless of the date of hire, to work
in a program supported with Title I money must possess, on or before January 8,
2006, the qualifications required by 20 U.S.C. § 6319(c).
3. For the purposes of this section, a
person is not “initially hired” if the person has been employed as a paraprofessional
by another school district or charter school in this State without an
interruption in employment before the date of hire by his or her current
employer.
4. As used in this section,
“paraprofessional” has the meaning ascribed to it in NRS 391.008.
(Added to NRS by 2003, 19th
Special Session, 44)
NRS 386.595 Employment status; applicability of collective bargaining
agreement; request by governing body or school district for employment record;
reassignment of licensed employees upon revocation of charter, termination of
charter contract or cessation of operation; leave of absence from school
district to accept employment with charter school; reinstatement; investigation
into misconduct during leave of absence; eligibility for benefits. [Effective
through December 31, 2019.]
1. All employees of a charter school shall
be deemed public employees.
2. The governing body of a charter school
may make all decisions concerning the terms and conditions of employment with
the charter school and any other matter relating to employment with the charter
school. In addition, the governing body may make all employment decisions with
regard to its employees pursuant to NRS
391.311 to 391.3197, inclusive,
unless a collective bargaining agreement entered into by the governing body
pursuant to chapter 288 of NRS contains
separate provisions relating to the discipline of licensed employees of a
school.
3. Upon the request of the governing body
of a charter school, the board of trustees of a school district shall, with the
permission of the licensed employee who is seeking employment with the charter
school, transmit to the governing body a copy of the employment record of the
employee that is maintained by the school district. The employment record must
include, without limitation, each evaluation of the licensed employee conducted
by the school district and any disciplinary action taken by the school district
against the licensed employee.
4. Except as otherwise provided in this
subsection, if the written charter of a charter school is revoked or a charter
contract is terminated, as applicable, or if a charter school ceases to operate
as a charter school, the licensed employees of the charter school must be
reassigned to employment within the school district in accordance with the
applicable collective bargaining agreement. A school district is not required
to reassign a licensed employee of a charter school pursuant to this subsection
if the employee:
(a) Was not granted a leave of absence by the
school district to accept employment at the charter school pursuant to
subsection 5;
(b) Was granted a leave of absence by the school
district and did not submit a written request to return to employment with the
school district in accordance with subsection 5; or
(c) Does not comply with or is otherwise not
eligible to return to employment pursuant to subsection 6, including, without
limitation, the refusal of the licensed employee to allow the school district
to obtain the employment record of the employee that is maintained by the
charter school.
5. The board of trustees of a school
district shall grant a leave of absence, not to exceed 3 years, to any licensed
employee who is employed by the board of trustees who requests such a leave of
absence to accept employment with a charter school. After the first school year
in which a licensed employee is on a leave of absence, the employee may return
to a comparable teaching position with the board of trustees. After the third
school year, a licensed employee shall either submit a written request to
return to a comparable teaching position or resign from the position for which
the employee’s leave was granted. The board of trustees shall grant a written
request to return to a comparable position pursuant to this subsection even if
the return of the licensed employee requires the board of trustees to reduce
the existing workforce of the school district. The board of trustees is not
required to accept the return of the licensed employee if the employee does not
comply with or is otherwise not eligible to return to employment pursuant to
subsection 6, including, without limitation, the refusal of the licensed
employee to allow the school district to obtain the employment record of the
employee that is maintained by the charter school. The board of trustees may
require that a request to return to a comparable teaching position submitted
pursuant to this subsection be submitted at least 90 days before the employee
would otherwise be required to report to duty.
6. Upon the request of the board of
trustees of a school district, the governing body of a charter school shall,
with the permission of the licensed employee who is granted a leave of absence
from the school district pursuant to this section, transmit to the school
district a copy of the employment record of the employee that is maintained by
the charter school before the return of the employee to employment with the
school district pursuant to subsection 4 or 5. The employment record must
include, without limitation, each evaluation of the licensed employee conducted
by the charter school and any disciplinary action taken by the charter school
against the licensed employee. Before the return of the licensed employee, the
board of trustees of the school district may conduct an investigation into any
misconduct of the licensed employee during the leave of absence from the school
district and take any appropriate disciplinary action as to the status of the
person as an employee of the school district, including, without limitation:
(a) The dismissal of the employee from employment
with the school district; or
(b) Upon the employee’s return to employment with
the school district, documentation of the disciplinary action taken against the
employee into the employment record of the employee that is maintained by the
school district.
7. If a school district conducts an
investigation pursuant to subsection 6:
(a) The licensed employee is not entitled to
return to employment with the school district until the investigation is
complete; and
(b) The investigation must be conducted within a
reasonable time.
8. A licensed employee who is on a leave
of absence from a school district pursuant to this section:
(a) Shall contribute to and be eligible for all
benefits for which the employee would otherwise be entitled, including, without
limitation, participation in the Public Employees’ Retirement System and
accrual of time for the purposes of leave and retirement.
(b) Continues, while the employee is on leave, to
be covered by the collective bargaining agreement of the school district only
with respect to any matter relating to his or her status or employment with the
district.
Ê The time
during which such an employee is on a leave of absence and employed in a
charter school does not count toward the acquisition of permanent status with
the school district.
9. Upon the return of a teacher to
employment in the school district, the teacher is entitled to the same level of
retirement, salary and any other benefits to which the teacher would otherwise
be entitled if the teacher had not taken a leave of absence to teach in a
charter school.
10. An employee of a charter school who is
not on a leave of absence from a school district is eligible for all benefits
for which the employee would be eligible for employment in a public school,
including, without limitation, participation in the Public Employees’
Retirement System.
11. For all employees of a charter school:
(a) The compensation that a teacher or other
school employee would have received if he or she were employed by the school
district must be used to determine the appropriate levels of contribution
required of the employee and employer for purposes of the Public Employees’
Retirement System.
(b) The compensation that is paid to a teacher or
other school employee that exceeds the compensation that the employee would
have received if he or she were employed by the school district must not be
included for the purposes of calculating future retirement benefits of the
employee.
12. If the board of trustees of a school
district in which a charter school is located manages a plan of group insurance
for its employees, the governing body of the charter school may negotiate with
the board of trustees to participate in the same plan of group insurance that
the board of trustees offers to its employees. If the employees of the charter
school participate in the plan of group insurance managed by the board of
trustees, the governing body of the charter school shall:
(a) Ensure that the premiums for that insurance
are paid to the board of trustees; and
(b) Provide, upon the request of the board of
trustees, all information that is necessary for the board of trustees to
provide the group insurance to the employees of the charter school.
(Added to NRS by 1997, 1853; A 1999, 3303; 2001, 1497, 3138, 3165; 2003, 223; 2005, 1665, 2408, 2543; 2011, 3060;
2013, 2932)
NRS 386.595 Employment status;
applicability of collective bargaining agreement; request by governing body or
school district for employment record; reassignment of licensed employees upon
termination of charter contract or cessation of operation; leave of absence
from school district to accept employment with charter school; reinstatement;
investigation into misconduct during leave of absence; eligibility for
benefits. [Effective January 1, 2020.]
1. All employees of a charter school shall
be deemed public employees.
2. The governing body of a charter school
may make all decisions concerning the terms and conditions of employment with
the charter school and any other matter relating to employment with the charter
school. In addition, the governing body may make all employment decisions with
regard to its employees pursuant to NRS
391.311 to 391.3197, inclusive,
unless a collective bargaining agreement entered into by the governing body
pursuant to chapter 288 of NRS contains
separate provisions relating to the discipline of licensed employees of a
school.
3. Upon the request of the governing body
of a charter school, the board of trustees of a school district shall, with the
permission of the licensed employee who is seeking employment with the charter
school, transmit to the governing body a copy of the employment record of the
employee that is maintained by the school district. The employment record must
include, without limitation, each evaluation of the licensed employee conducted
by the school district and any disciplinary action taken by the school district
against the licensed employee.
4. Except as otherwise provided in this
subsection, if the charter contract of a charter school is terminated or if a
charter school ceases to operate as a charter school, the licensed employees of
the charter school must be reassigned to employment within the school district
in accordance with the applicable collective bargaining agreement. A school
district is not required to reassign a licensed employee of a charter school
pursuant to this subsection if the employee:
(a) Was not granted a leave of absence by the
school district to accept employment at the charter school pursuant to
subsection 5;
(b) Was granted a leave of absence by the school
district and did not submit a written request to return to employment with the
school district in accordance with subsection 5; or
(c) Does not comply with or is otherwise not
eligible to return to employment pursuant to subsection 6, including, without
limitation, the refusal of the licensed employee to allow the school district
to obtain the employment record of the employee that is maintained by the
charter school.
5. The board of trustees of a school
district shall grant a leave of absence, not to exceed 3 years, to any licensed
employee who is employed by the board of trustees who requests such a leave of
absence to accept employment with a charter school. After the first school year
in which a licensed employee is on a leave of absence, the employee may return
to a comparable teaching position with the board of trustees. After the third
school year, a licensed employee shall either submit a written request to
return to a comparable teaching position or resign from the position for which
the employee’s leave was granted. The board of trustees shall grant a written
request to return to a comparable position pursuant to this subsection even if
the return of the licensed employee requires the board of trustees to reduce
the existing workforce of the school district. The board of trustees is not
required to accept the return of the licensed employee if the employee does not
comply with or is otherwise not eligible to return to employment pursuant to
subsection 6, including, without limitation, the refusal of the licensed
employee to allow the school district to obtain the employment record of the
employee that is maintained by the charter school. The board of trustees may
require that a request to return to a comparable teaching position submitted
pursuant to this subsection be submitted at least 90 days before the employee
would otherwise be required to report to duty.
6. Upon the request of the board of
trustees of a school district, the governing body of a charter school shall,
with the permission of the licensed employee who is granted a leave of absence
from the school district pursuant to this section, transmit to the school
district a copy of the employment record of the employee that is maintained by
the charter school before the return of the employee to employment with the
school district pursuant to subsection 4 or 5. The employment record must
include, without limitation, each evaluation of the licensed employee conducted
by the charter school and any disciplinary action taken by the charter school
against the licensed employee. Before the return of the licensed employee, the
board of trustees of the school district may conduct an investigation into any
misconduct of the licensed employee during the leave of absence from the school
district and take any appropriate disciplinary action as to the status of the
person as an employee of the school district, including, without limitation:
(a) The dismissal of the employee from employment
with the school district; or
(b) Upon the employee’s return to employment with
the school district, documentation of the disciplinary action taken against the
employee into the employment record of the employee that is maintained by the
school district.
7. If a school district conducts an
investigation pursuant to subsection 6:
(a) The licensed employee is not entitled to
return to employment with the school district until the investigation is
complete; and
(b) The investigation must be conducted within a
reasonable time.
8. A licensed employee who is on a leave
of absence from a school district pursuant to this section:
(a) Shall contribute to and be eligible for all
benefits for which the employee would otherwise be entitled, including, without
limitation, participation in the Public Employees’ Retirement System and
accrual of time for the purposes of leave and retirement.
(b) Continues, while the employee is on leave, to
be covered by the collective bargaining agreement of the school district only
with respect to any matter relating to his or her status or employment with the
district.
Ê The time
during which such an employee is on a leave of absence and employed in a
charter school does not count toward the acquisition of permanent status with
the school district.
9. Upon the return of a teacher to
employment in the school district, the teacher is entitled to the same level of
retirement, salary and any other benefits to which the teacher would otherwise
be entitled if the teacher had not taken a leave of absence to teach in a
charter school.
10. An employee of a charter school who is
not on a leave of absence from a school district is eligible for all benefits
for which the employee would be eligible for employment in a public school,
including, without limitation, participation in the Public Employees’
Retirement System.
11. For all employees of a charter school:
(a) The compensation that a teacher or other
school employee would have received if he or she were employed by the school
district must be used to determine the appropriate levels of contribution
required of the employee and employer for purposes of the Public Employees’
Retirement System.
(b) The compensation that is paid to a teacher or
other school employee that exceeds the compensation that the employee would
have received if he or she were employed by the school district must not be
included for the purposes of calculating future retirement benefits of the
employee.
12. If the board of trustees of a school
district in which a charter school is located manages a plan of group insurance
for its employees, the governing body of the charter school may negotiate with
the board of trustees to participate in the same plan of group insurance that
the board of trustees offers to its employees. If the employees of the charter
school participate in the plan of group insurance managed by the board of
trustees, the governing body of the charter school shall:
(a) Ensure that the premiums for that insurance
are paid to the board of trustees; and
(b) Provide, upon the request of the board of
trustees, all information that is necessary for the board of trustees to
provide the group insurance to the employees of the charter school.
(Added to NRS by 1997, 1853; A 1999, 3303; 2001, 1497, 3138, 3165; 2003, 223; 2005, 1665, 2408, 2543; 2011, 3060;
2013, 2932,
2934,
effective January 1, 2020)
NRS 386.598 Charter school required to designate employee authorized to
administer auto-injectable epinephrine; training for proper storage and
administration.
1. Each charter school shall designate one
or more employees of the school who is authorized to administer auto-injectable
epinephrine.
2. Each charter school shall ensure that
each person so designated receives training in the proper storage and
administration of auto-injectable epinephrine.
(Added to NRS by 2013, 1224)
Reports Required of Governing Body and Sponsor
NRS 386.600 Annual reports of budget required; compilation of reports by
Superintendent of Public Instruction.
1. On or before November 1 of each year,
the governing body of each charter school shall submit to the sponsor of the
charter school, the Superintendent of Public Instruction and the Director of
the Legislative Counsel Bureau for transmission to the Majority Leader of the
Senate and the Speaker of the Assembly a report that includes:
(a) A written description of the progress of the
charter school in achieving the mission and goals of the charter school set
forth in its application.
(b) For each fund maintained by the charter
school, including, without limitation, the general fund of the charter school
and any special revenue fund which receives state money, the total number and
salaries of licensed and nonlicensed persons whose salaries are paid from the
fund and who are employed by the governing body in full-time positions or in
part-time positions added together to represent full-time positions.
Information must be provided for the current school year based upon the final
budget of the charter school, including any amendments and augmentations
thereto, and for the preceding school year. An employee must be categorized as
filling an instructional, administrative, instructional support or other
position.
(c) The actual expenditures of the charter school
in the fiscal year immediately preceding the report.
(d) The proposed expenditures of the charter
school for the current fiscal year.
(e) The salary schedule for licensed employees
and nonlicensed teachers in the current school year and a statement of whether
salary negotiations for the current school year have been completed. If salary
negotiations have not been completed at the time the salary schedule is
submitted, the governing body shall submit a supplemental report to the
Superintendent of Public Instruction upon completion of negotiations.
(f) The number of employees eligible for health
insurance within the charter school for the current and preceding fiscal years
and the amount paid for health insurance for each such employee during those
years.
(g) The rates for fringe benefits, excluding
health insurance, paid by the charter school for its licensed employees in the
preceding and current fiscal years.
(h) The amount paid for extra duties, supervision
of extracurricular activities and supplemental pay and the number of employees
receiving that pay in the preceding and current fiscal years.
2. On or before November 25 of each year,
the Superintendent of Public Instruction shall submit to the Department of
Administration and the Fiscal Analysis Division of the Legislative Counsel
Bureau, in a format approved by the Director of the Department of
Administration, a compilation of the reports made by each governing body
pursuant to subsection 1.
3. The Superintendent of Public
Instruction shall, in the compilation required by subsection 2, reconcile the
revenues and expenditures of the charter schools with the apportionment
received by those schools from the State Distributive School Account for the preceding
year.
(Added to NRS by 1997, 1855; A 2009, 937; 2013, 2637)
NRS 386.605 Submission of accountability information to sponsor of charter
school. On or before August 31 of
each year, the governing body of a charter school shall submit the information
concerning the charter school that is required pursuant to NRS 385.347 to the sponsor of the charter
school for inclusion in the report required pursuant to that section. The
information must be submitted in a format prescribed by the sponsor of the
charter school.
(Added to NRS by 1997, 1847; A 1999, 2664, 3305; 2001, 1482, 3140; 2003, 19th
Special Session, 46; 2005, 1174, 2409, 2545; 2007, 1958; 2009, 2326;
2011, 116,
577, 2370; 2013, 1923)
NRS 386.610 Annual report by sponsor of charter school. [Effective through
December 31, 2019.] On or before
October 1 of each year, the sponsor of a charter school shall submit a written
report to the Department. The written report must include:
1. For each charter school that it
sponsors with a written charter, an evaluation of the progress of each such
charter school in achieving the educational goals and objectives of the written
charter.
2. For each charter school that it
sponsors with a charter contract, a summary evaluating the academic, financial
and organizational performance of the charter school, as measured by the
performance indicators, measures and metrics set forth in the performance
framework for the charter school.
3. An identification of each charter
school approved by the sponsor:
(a) Which has not opened and the scheduled time
for opening, if any;
(b) Which is open and in operation;
(c) Which has transferred sponsorship;
(d) Whose written charter has been revoked or
whose charter contract has been terminated by the sponsor;
(e) Whose charter contract has not been renewed
by the sponsor; and
(f) Which has voluntarily ceased operation.
4. A description of the strategic vision
of the sponsor for the charter schools that it sponsors and the progress of the
sponsor in achieving that vision.
5. A description of the services provided
by the sponsor pursuant to a service agreement entered into with the governing
body of the charter school pursuant to NRS 386.561,
including an itemized accounting of the actual costs of those services.
6. The amount of any money from the
Federal Government that was distributed to the charter school, any concerns
regarding the equity of such distributions and any recommendations on how to
improve access to and distribution of money from the Federal Government.
(Added to NRS by 1997, 1847; A 2001, 3141; 2005, 2410, 2546; 2007, 2577; 2009, 916, 938; 2011, 2371;
2013, 1670,
2936)
NRS 386.610 Annual report by sponsor
of charter school. [Effective January 1, 2020.] On
or before October 1 of each year, the sponsor of a charter school shall submit
a written report to the Department. The written report must include:
1. A summary evaluating the academic, financial
and organizational performance of the charter school, as measured by the
performance indicators, measures and metrics set forth in the performance
framework for the charter school.
2. An identification of each charter
school approved by the sponsor:
(a) Which has not opened and the scheduled time
for opening, if any;
(b) Which is open and in operation;
(c) Which has transferred sponsorship;
(d) Whose charter contract has been terminated by
the sponsor;
(e) Whose charter contract has not been renewed
by the sponsor; and
(f) Which has voluntarily ceased operation.
3. A description of the strategic vision
of the sponsor for the charter schools that it sponsors and the progress of the
sponsor in achieving that vision.
4. A description of the services provided
by the sponsor pursuant to a service agreement entered into with the governing
body of the charter school pursuant to NRS 386.561,
including an itemized accounting of the actual costs of those services.
5. The amount of any money from the
Federal Government that was distributed to the charter school, any concerns
regarding the equity of such distributions and any recommendations on how to
improve access to and distribution of money from the Federal Government.
(Added to NRS by 1997, 1847; A 2001, 3141; 2005, 2410, 2546; 2007, 2577; 2009, 916, 938; 2011, 2371;
2013, 1670,
2936, 2937,
effective January 1, 2020)
Charter School Financing Law
NRS 386.612 Short title. NRS 386.612 to 386.649,
inclusive, may be cited as the Charter School Financing Law.
(Added to NRS by 2013, 1588)
NRS 386.613 Definitions. As
used in NRS 386.612 to 386.649,
inclusive, unless the context otherwise requires, the words and terms defined
in NRS 386.614 to 386.624,
inclusive, have the meanings ascribed to them in those sections.
(Added to NRS by 2013, 1588)
NRS 386.614 “Bond” or “revenue bond” defined. “Bond”
or “revenue bond” means any bond, note, security or other evidence of
indebtedness issued pursuant to NRS 386.612 to 386.649, inclusive.
(Added to NRS by 2013, 1588)
NRS 386.615 “Cost of the project” defined. “Cost
of the project” means all or a designated part of the cost of any project,
including any incidental cost pertaining to the project. The cost of a project
may include, without limitation, the costs of:
1. Surveys, audits, preliminary plans, other
plans, specifications, estimates and other costs of preparations;
2. Appraising, printing, estimating,
advice and services of engineers, architects, financial consultants, attorneys,
clerical personnel and other agents and employees;
3. Publishing, posting, mailing and
otherwise giving notice, filing or recording instruments, taking options and
fees to banks;
4. Establishment of a reserve for
contingencies;
5. Interest on bonds for any time which
does not exceed the estimated period of construction plus 1 year, discounts on
bonds, reserves for the payment of the principal of and interest on bonds,
replacement expenses and other costs of issuing bonds;
6. Amending any resolution or other
instrument authorizing the issuance of, or otherwise relating to, bonds for the
project; and
7. Short-term financing and the expense of
operation and maintenance of the project.
(Added to NRS by 2013, 1588)
NRS 386.616 “Director of the Department of Business and Industry” defined. “Director of the Department of Business and
Industry” means the Director of the Department of Business and Industry or any
person within the Department of Business and Industry designated by the
Director to perform duties in connection with a project or the issuance of
bonds pursuant to NRS 386.612 to 386.649, inclusive.
(Added to NRS by 2013, 1589)
NRS 386.617 “Expense of operation and maintenance” defined. “Expense of operation and maintenance” means
any reasonable and necessary expense of the State for the operation,
maintenance and administration of a project or of the collection and
administration of revenues from a project and includes, without limitation:
1. Expenses for engineering, auditing,
reporting, legal services and other expenses of the Director of the Department
of Business and Industry which are directly related to the administration of
projects.
2. Premiums for fidelity bonds and
policies of property and liability insurance pertaining to projects, and shares
of the premiums of blanket bonds and policies which may be reasonably allocated
to the State.
3. Payments to pension, retirement, health
insurance and other insurance funds.
4. Reasonable charges made by any paying
agent, commercial bank, credit union, trust company or other depository bank
pertaining to bonds issued pursuant to NRS 386.612
to 386.649, inclusive.
5. Services rendered under the terms of a
contract, services of professionally qualified persons, salaries,
administrative expenses and the cost of materials, supplies and labor
pertaining to the issuance of any bonds pursuant to NRS
386.612 to 386.649, inclusive, including the
expenses of any trustee, receiver or other fiduciary.
6. Costs incurred in the collection and
any refund of revenues from a project, including the amount of the refund.
7. Fees and costs incurred by the Director
of the Department of Business and Industry for ensuring compliance with the
provisions of NRS 386.612 to 386.649,
inclusive.
(Added to NRS by 2013, 1589)
NRS 386.618 “Finance” or “financing” defined. “Finance”
or “financing” includes, without limitation, the issuance of bonds by the
Director of the Department of Business and Industry for the purpose of using
all or any part of the proceeds to pay for or to reimburse a user or the
designee of a user for the cost of acquiring, improving or equipping the
facilities of a project, or to provide money for the project itself, where
appropriate, whether these costs are incurred by the obligor or a designee of
the obligor.
(Added to NRS by 2013, 1589)
NRS 386.619 “Financing agreement” defined. “Financing
agreement” means an agreement by which the Director of the Department of
Business and Industry agrees to issue bonds pursuant to NRS
386.612 to 386.649, inclusive, to finance one
or more projects and the obligor agrees to:
1. Make payments directly or through
notes, debentures, bonds or other secured or unsecured debt obligations of the
obligor executed and delivered by the obligor to the Director or his or her
designee or assignee, including a trustee, sufficient to pay the principal of,
premium, if any, and interest on the bonds;
2. Pay other amounts required by NRS 386.612 to 386.649,
inclusive; and
3. Comply with all the applicable
provisions of NRS 386.612 to 386.649,
inclusive.
(Added to NRS by 2013, 1590)
NRS 386.620 “Mortgage” defined. “Mortgage”
means a mortgage, trust deed or other security device.
(Added to NRS by 2013, 1590)
NRS 386.621 “Obligor” defined. “Obligor”
means a charter school, natural person, partnership, firm, company,
corporation, association, trust, estate, political subdivision, state agency or
any other legal entity, or its legal representative, agent or assigns, who
agrees to make the payments required by a financing agreement.
(Added to NRS by 2013, 1590)
NRS 386.622 “Project” defined. “Project”
means:
1. Any building, structure or real
property owned, to be acquired or used by a charter school for any of its
educational purposes and all related appurtenances, easements, rights-of-way,
improvements, paving, utilities, landscaping and parking facilities, together
with all the personal property necessary, convenient or appurtenant thereto; or
2. Any capital equipment owned, to be acquired
or used by a charter school for any of its educational purposes.
(Added to NRS by 2013, 1590)
NRS 386.624 “Revenues” defined. “Revenues”
includes, with respect to a project, payments under a lease, agreement of sale
or financing agreement, or under notes, debentures, bonds and other secured or
unsecured debt obligations of an obligor executed and delivered by the obligor
to the Director of the Department of Business and Industry or his or her
designee or assignee, including a trustee, pursuant to a lease, agreement of
sale or financing agreement, or under any guarantee of or insurance with
respect to any such lease, agreement of sale or financing agreement.
(Added to NRS by 2013, 1590)
NRS 386.628 Declaration of legislative intent.
1. It is the intent of the Legislature to
authorize the Director of the Department of Business and Industry to finance
facilities or other improvements to be owned, acquired and used by a charter
school for any of its educational purposes.
2. The Director of the Department of
Business and Industry has all the powers necessary to accomplish the purposes
set forth in NRS 386.612 to 386.649,
inclusive, but these powers must be exercised for the health, safety,
convenience, prosperity and welfare of the inhabitants of this State.
3. NRS 386.612
to 386.649, inclusive, must be liberally construed
in conformity with the purposes set forth in this section.
(Added to NRS by 2013, 1590)
NRS 386.630 General power of Director of Department of Business and Industry
to issue bonds. When the Director
of the Department of Business and Industry has received requests from one or
more charter schools, lessees, purchasers or other obligors, the Director may
issue revenue bonds to obtain money to fulfill the requests. Title to or in a
project may at all times remain in the obligor or the obligor’s designee or
assignee and, in that case, the bonds must be secured by a pledge of one or
more notes, debentures, bonds or other secured or unsecured debt obligations of
the obligor.
(Added to NRS by 2013, 1590)
NRS 386.632 Prerequisites to financing project: Findings of Director of
Department of Business and Industry; approval of findings by State Board of
Finance. [Effective through December 31, 2019.] Except
as otherwise provided in NRS 386.639, the Director
of the Department of Business and Industry shall not finance a project unless,
before financing the project, the Director finds and the State Board of Finance
approves the findings of the Director that:
1. The project consists of any land,
building or other improvement, and all real and personal properties necessary
in connection therewith, which is suitable for new construction, improvement,
restoration or rehabilitation of charter school facilities;
2. The charter school for whose benefit
the project is being financed is not in default under the written charter or
charter contract, as applicable, granted by its sponsor, as determined by the
sponsor;
3. The charter school for whose benefit
the project is being financed has received, within the immediately preceding 3
consecutive school years, one of the two highest ratings of performance
pursuant to the statewide system of accountability for public schools, or has
received equivalent ratings in another state, as determined by the Department
of Education;
4. There are sufficient safeguards to
ensure that all money provided by the Director of the Department of Business and
Industry will be expended solely for the purposes of the project;
5. There are sufficient safeguards to
ensure that the Director of the Department of Business and Industry will have
the ability to monitor compliance with the provisions of NRS
386.612 to 386.649, inclusive, on an ongoing
basis with respect to the project;
6. Through the advice of counsel or other
reliable source, the project has received all approvals by the local, state and
federal governments which may be necessary to proceed with construction,
improvement, rehabilitation or redevelopment of the project; and
7. There has been a request by a charter school,
lessee, purchaser or other obligor to have the Director of the Department of
Business and Industry issue bonds to finance the project.
(Added to NRS by 2013, 1591)
NRS 386.632 Prerequisites to
financing project: Findings of Director of Department of Business and Industry;
approval of findings by State Board of Finance. [Effective January 1, 2020.] Except as otherwise provided in NRS 386.639, the Director of the Department of
Business and Industry shall not finance a project unless, before financing the
project, the Director finds and the State Board of Finance approves the
findings of the Director that:
1. The project consists of any land,
building or other improvement, and all real and personal properties necessary
in connection therewith, which is suitable for new construction, improvement,
restoration or rehabilitation of charter school facilities;
2. The charter school for whose benefit
the project is being financed is not in default under the charter contract
granted by its sponsor, as determined by the sponsor;
3. The charter school for whose benefit
the project is being financed has received, within the immediately preceding 3
consecutive school years, one of the two highest ratings of performance
pursuant to the statewide system of accountability for public schools, or has
received equivalent ratings in another state, as determined by the Department
of Education;
4. There are sufficient safeguards to
ensure that all money provided by the Director of the Department of Business
and Industry will be expended solely for the purposes of the project;
5. There are sufficient safeguards to
ensure that the Director of the Department of Business and Industry will have
the ability to monitor compliance with the provisions of NRS
386.612 to 386.649, inclusive, on an ongoing
basis with respect to the project;
6. Through the advice of counsel or other
reliable source, the project has received all approvals by the local, state and
federal governments which may be necessary to proceed with construction,
improvement, rehabilitation or redevelopment of the project; and
7. There has been a request by a charter
school, lessee, purchaser or other obligor to have the Director of the
Department of Business and Industry issue bonds to finance the project.
(Added to NRS by 2013, 1591,
effective January 1, 2020)
NRS 386.633 Prerequisites to financing project: Additional considerations by
Director of Department of Business and Industry and State Board of Finance;
regulations of Director.
1. Except as otherwise provided in NRS 386.639, before financing a project pursuant to NRS 386.632, the Director of the Department of
Business and Industry and the State Board of Finance must:
(a) Determine the total amount of money necessary
to be provided by the Director of the Department of Business and Industry for
financing the project.
(b) Except as otherwise provided in this
subsection, receive a 5-year operating history from the contemplated charter
school, lessee, purchaser or other obligor that will make or guarantee the
payment of the principal, premium, if any, and interest on any bond issued. An
operating history is not required if the bonds:
(1) Are to be sold only to qualified
institutional buyers, as defined in Rule 144A of the Securities and Exchange
Commission, 17 C.F.R. § 230.144A, in minimum denominations of at least
$100,000; or
(2) Will receive a rating within one of
the top four rating categories of Moody’s Investors Service, Inc., Standard and
Poor’s Rating Services or Fitch IBCA, Inc.
(c) Consider whether the contemplated charter
school, lessee, purchaser or other obligor that will make or guarantee the
payment of the principal, premium, if any, and interest on any bonds issued has
received within the 12 months immediately preceding the date of the findings of
the Director of the Department of Business and Industry, or then has or has not
in effect, a rating within one of the top four rating categories of Moody’s
Investors Service, Inc., Standard and Poor’s Rating Services or Fitch IBCA,
Inc.
(d) Consider the extent to which the project is
affected by any federal, state or local governmental action, activity, program
or development.
(e) Consider the length of time the charter
school, lessee, purchaser or other obligor of the project has maintained
facilities appropriate to the community in this State.
2. The Director of the Department of
Business and Industry may adopt regulations to set forth additional factors to
be considered by the Director and the State Board of Finance before financing a
project pursuant to NRS 386.632.
(Added to NRS by 2013, 1591)
NRS 386.634 Prerequisites to financing project: Limitation on amount and
purpose of financing; establishment of and compliance with guidelines for financing
project.
1. The Director of the Department of
Business and Industry may provide financing for a project pursuant to NRS 386.612 to 386.649,
inclusive, if:
(a) The financing is limited in amount and
purpose to the payment of the costs associated with:
(1) The acquisition, construction,
improvement, restoration or rehabilitation of the project; and
(2) The cost of the project;
(b) The Director makes the findings required by NRS 386.632; and
(c) The Director complies with the guidelines
established by the Director pursuant to subsection 2.
2. The Director of the Department of
Business and Industry shall establish guidelines for the provision of financing
for a project pursuant to NRS 386.612 to 386.649, inclusive.
(Added to NRS by 2013, 1592)
NRS 386.636 Bonds: Special obligations of State.
1. All bonds issued by the Director of the
Department of Business and Industry pursuant to NRS
386.612 to 386.649, inclusive, are special,
limited obligations of the State. The principal of and interest on such bonds
are payable, subject to the security provisions of NRS
386.612 to 386.649, inclusive, solely out of
the revenues derived from the financing, leasing or sale of the project or
projects to be financed by the bonds.
2. The bonds and interest coupons, if any,
which are part of those bonds do not constitute the debt or indebtedness of the
State or any city or county within the meaning of any provision or limitation
of the Constitution of the State of Nevada or statutes, and do not constitute
or give rise to a pecuniary liability of the State or a charge against its
general credit or taxing powers. This limitation must be plainly stated on the
face of each bond.
(Added to NRS by 2013, 1592)
NRS 386.637 Bonds: Form and terms; sale; employment of financial and legal
consultants authorized as incidental expense to project.
1. Any bonds issued pursuant to NRS 386.612 to 386.649,
inclusive, must be authorized by an order of the Director of the Department of
Business and Industry and must:
(a) Be in denominations;
(b) Bear the date or dates;
(c) Mature at the time or times, not exceeding 40
years after their respective dates;
(d) Bear interest at a rate or rates;
(e) Be in the form;
(f) Carry the registration privileges;
(g) Be executed in the manner;
(h) Be payable at the place or places within or
without the State; and
(i) Be subject to the terms of redemption,
Ê as provided
by the order authorizing their issuance.
2. Any bonds issued pursuant to NRS 386.612 to 386.649,
inclusive, may be sold in one or more series at par, or below or above par, in
the manner and for the price or prices which the Director of the Department of
Business and Industry determines in his or her discretion, and are not required
to obtain a credit rating. As an incidental expense to any project to be
financed by the bonds, the Director may employ financial and legal consultants
in regard to the financing of the project on an ongoing basis.
3. Any bonds issued pursuant to NRS 386.612 to 386.649,
inclusive, are fully negotiable under the terms of the Uniform Commercial
Code—Investment Securities.
(Added to NRS by 2013, 1592)
NRS 386.638 Bonds: Security. The
principal of, the interest on and any prior redemption premiums due in
connection with the bonds issued pursuant to NRS
386.612 to 386.649, inclusive, are payable
from, secured by a pledge of, and constitute a lien on the revenues out of
which the bonds have been made payable. In addition, they may, in the
discretion of the Director of the Department of Business and Industry, be
secured by:
1. A mortgage or mortgages covering all or
part of any project financed with the proceeds of the bonds, or upon any other
property of the lessees, purchasers or obligors of those projects, or by a
pledge of the lease, the agreement of sale or the financing agreement with
respect to one or more of the projects, or both.
2. A pledge of one or more notes,
debentures, bonds or other secured or unsecured debt obligations of the obligor
of one or more of the projects.
3. The proceeds of the bonds and income
from investment of the proceeds and of revenues.
(Added to NRS by 2013, 1593)
NRS 386.639 Bonds: Refunding.
1. Any bonds issued pursuant to NRS 386.612 to 386.649,
inclusive, may be refunded by the Director of the Department of Business and
Industry by the issuance of refunding bonds in an amount which the Director
determines necessary to refund the principal of the bonds to be so refunded,
any unpaid interest thereon and any premiums and incidental expenses necessary
to be paid in connection with refunding.
2. Refunding may be carried out whether
the bonds to be refunded have matured or thereafter mature, either by sale of
the refunding bonds and the application of the proceeds to the payment of the
bonds to be refunded, or by exchange of the refunding bonds for the bonds to be
refunded. The holders of the bonds to be refunded must not be compelled,
without their consent, to surrender their bonds for payment or exchange before
the date on which they are payable by maturity, option to redeem or otherwise,
or if they are called for redemption before the date on which they are by their
terms subject to redemption by option or otherwise.
3. All refunding bonds issued pursuant to
this section must be payable solely from revenues and other money out of which
the bonds to be refunded thereby are payable or from revenues out of which
bonds of the same character may be made payable under this or any other law
then in effect at the time of the refunding.
4. The Director of the Department of
Business and Industry shall not issue refunding bonds unless, before the
refinancing, the Director finds that issuance of refunding bonds will provide a
lower cost of financing for the obligor or provide some other public benefit,
but the findings, determinations and approval required by NRS 386.632 are not required with respect to refunding
bonds issued pursuant to this section.
(Added to NRS by 2013, 1594)
NRS 386.640 Bonds: Exemption from taxation; exceptions.
1. Except as otherwise provided in
subsection 2, bonds and other securities issued pursuant to NRS 386.612 to 386.649,
inclusive, their transfer and the income produced by the bonds and other
securities is and must forever be and remain free and exempt from taxation by
this State or any political subdivision of this State.
2. The provisions of subsection 1 do not
apply to the tax on the transfers of taxable estates imposed by chapter 375A of NRS or the tax on
generation-skipping transfers imposed by chapter
375B of NRS.
(Added to NRS by 2013, 1594)
NRS 386.644 Limitation of actions. No
action may be brought questioning the legality of any contract, lease,
agreement, indenture, mortgage, order or bonds executed, adopted or taken in
connection with any project or improvements authorized by NRS 386.612 to 386.649,
inclusive, more than 30 days after the effective date of the order of the
Director of the Department of Business and Industry authorizing the issuance of
those bonds.
(Added to NRS by 2013, 1595)
NRS 386.646 Faith of State pledged against repeal, amendment or modification
of NRS 386.612 to 386.649,
inclusive. The faith of the State
is hereby pledged that NRS 386.612 to 386.649, inclusive, will not be repealed, amended or
modified to impair any outstanding bonds or any revenues pledged to their
payment, or to impair, limit or alter the rights or powers vested in a charter
school to acquire, finance, improve and equip a project in any way that would
jeopardize the interest of any lessee, purchaser or other obligor, or to limit
or alter the rights or powers vested in the Director of the Department of
Business and Industry to perform any agreement made with any lessee, purchaser
or other obligor, until all bonds have been discharged in full or provisions
for their payment and redemption have been fully made.
(Added to NRS by 2013, 1595)
NRS 386.647 Sufficiency of NRS 386.612 to 386.649,
inclusive; construction.
1. NRS 386.612
to 386.649, inclusive, without reference to other
statutes of this State, constitute full authority for the exercise of powers
granted in those sections, including, without limitation, the authorization and
issuance of bonds.
2. No other act or law with regard to the
authorization or issuance of bonds that provides for an election, requires an
approval, or in any way impedes or restricts the carrying out of the acts
authorized by NRS 386.612 to 386.649,
inclusive, to be done, applies to any proceedings taken or acts done pursuant
to those sections, except for laws to which reference is expressly made in
those sections or by necessary implication of those sections.
3. The provisions of no other law, either
general or local, except as provided in NRS 386.612
to 386.649, inclusive, apply to the doing of the
things authorized in those sections to be done, and no board, agency, bureau,
commission or official not designated in those sections has any authority or
jurisdiction over the doing of any of the acts authorized in those sections to
be done, except as otherwise provided in those sections.
4. A project is not subject to any
requirements relating to public buildings, structures, ground works or
improvements imposed by the statutes of this State or any other similar
requirements which may be lawfully waived by this section, and any requirement
of competitive bidding or other restriction imposed on the procedure for award
of contracts for such purpose or the lease, sale or other disposition of
property is not applicable to any action taken pursuant to NRS 386.612 to 386.649,
inclusive, except that the provisions of NRS
338.013 to 338.090, inclusive,
apply to any contract for new construction, repair or reconstruction for which
tentative approval for financing is granted on or after July 1, 2013, by the
Director of the Department of Business and Industry for work to be done on a
project.
5. Any bank or trust company located
within or without this State may be appointed and act as a trustee with respect
to bonds issued and projects financed pursuant to NRS
386.612 to 386.649, inclusive, without the
necessity of associating with any other person or entity as cofiduciary, but
such an association is not prohibited.
6. The powers conferred by NRS 386.612 to 386.649,
inclusive, are in addition and supplemental to, and not in substitution for,
and the limitations imposed by those sections do not affect, the powers
conferred by any other law.
7. No part of NRS
386.612 to 386.649, inclusive, repeals or
affects any other law or part thereof, except to the extent that those sections
are inconsistent with any other law, it being intended that those sections
provide a separate method of accomplishing its objectives, and not an exclusive
one.
8. The Director of the Department of
Business and Industry or a person designated by the Director may take any
actions and execute and deliver any instruments, contracts, certificates and
other documents, including the bonds, necessary or appropriate for the sale and
issuance of the bonds or accomplishing the purposes of NRS
386.612 to 386.649, inclusive, without the
assistance or intervention of any other officer.
(Added to NRS by 2013, 1595)
NRS 386.649 Regulations. The
Director of the Department of Business and Industry shall adopt regulations to
carry out the provisions of NRS 386.612 to 386.649, inclusive, including, without limitation,
regulations for:
1. Investment and reinvestment of the
proceeds from the sale of the bonds, including, without limitation:
(a) Bonds or other obligations of the United
States of America.
(b) Bonds or other obligations, the payment of
the principal and interest of which is unconditionally guaranteed by the United
States of America.
(c) Obligations issued or guaranteed as to
principal and interest by any agency or person controlled or supervised by and
acting as an instrumentality of the United States of America pursuant to
authority granted by the Congress of the United States of America.
(d) Obligations issued or guaranteed by any state
of the United States of America, or any political subdivision of any state.
(e) Prime commercial paper.
(f) Prime finance company paper.
(g) Bankers’ acceptances drawn on and accepted by
commercial banks.
(h) Repurchase agreements fully secured by
obligations issued or guaranteed as to principal and interest by the United
States of America or by any person controlled or supervised by and acting as an
instrumentality of the United States of America pursuant to authority granted
by the Congress of the United States of America.
(i) Certificates of deposit issued by credit
unions or commercial banks, including banks domiciled outside of the United
States of America.
(j) Money market mutual funds that:
(1) Are registered with the Securities and
Exchange Commission;
(2) Are rated by a nationally recognized
rating service as “AAA” or its equivalent; and
(3) Invest only in securities issued or
guaranteed as to payment of principal and interest by the Federal Government,
or its agencies or instrumentalities, or in repurchase agreements that are
fully collateralized by such securities.
2. Receiving, holding and disbursing of
proceeds of the sale of bonds by one or more banks, credit unions or trust
companies located within or without this State.
(Added to NRS by 2013, 1593)
AUTOMATED SYSTEM OF ACCOUNTABILITY INFORMATION FOR NEVADA
NRS 386.650 Adoption and maintenance of system; adoption of uniform program
for school districts to collect, maintain and transfer data to system; duties
of Superintendent of Public Instruction; access to data within system.
1. The Department shall establish and
maintain an automated system of accountability information for Nevada. The system
must:
(a) Have the capacity to provide and report
information, including, without limitation, the results of the achievement of
pupils:
(1) In the manner required by 20 U.S.C. §§
6301 et seq., and the regulations adopted pursuant thereto, and NRS 385.347 and 385.3572; and
(2) In a separate reporting for each group
of pupils identified in the statewide system of accountability for public
schools;
(b) Include a system of unique identification for
each pupil:
(1) To ensure that individual pupils may
be tracked over time throughout this State;
(2) That, to the extent practicable, may
be used for purposes of identifying a pupil for both the public schools and the
Nevada System of Higher Education, if that pupil enrolls in the System after
graduation from high school; and
(3) Which must, to the extent money is
available for this purpose, include, without limitation, a unique identifier
for each pupil whose parent or guardian is a member of the Armed Forces of the
United States, a reserve component thereof or the National Guard in a manner
that will allow for the disaggregation of each category;
(c) Have the capacity to provide longitudinal
comparisons of the academic achievement, rate of attendance and rate of
graduation of pupils over time throughout this State;
(d) Have the capacity to perform a variety of
longitudinal analyses of the results of individual pupils on assessments,
including, without limitation, the results of pupils by classroom and by
school;
(e) Have the capacity to identify which teachers
are assigned to individual pupils;
(f) Have the capacity to provide other
information concerning schools and school districts that is not linked to
individual pupils, including, without limitation, the ratings of schools and,
if available, school districts pursuant to the statewide system of
accountability for public schools and an identification of which schools, if
any, are persistently dangerous;
(g) Have the capacity to access financial
accountability information for each public school, including, without
limitation, each charter school, for each school district and for this State as
a whole; and
(h) Be designed to improve the ability of the
Department, the sponsors of charter schools, the school districts and the
public schools in this State, including, without limitation, charter schools,
to account for the pupils who are enrolled in the public schools, including,
without limitation, charter schools.
Ê The
information maintained pursuant to paragraphs (c), (d) and (e) must be used for
the purpose of improving the achievement of pupils and improving classroom
instruction. Except as otherwise provided in subsection 9 of NRS 391.3125 and subsection 8 of NRS 391.3127, information on pupil
achievement data, as prescribed by the State Board pursuant to NRS 391.465, must account for at least 50
percent, but must not be used as the sole criterion, in evaluating the
performance of or taking disciplinary action against an individual teacher or
other employee.
2. The board of trustees of each school
district shall:
(a) Adopt and maintain the program prescribed by
the Superintendent of Public Instruction pursuant to subsection 3 for the
collection, maintenance and transfer of data from the records of individual
pupils to the automated system of information, including, without limitation,
the development of plans for the educational technology which is necessary to
adopt and maintain the program;
(b) Provide to the Department electronic data
concerning pupils as required by the Superintendent of Public Instruction
pursuant to subsection 3; and
(c) Ensure that an electronic record is
maintained in accordance with subsection 3 of NRS
386.655.
3. The Superintendent of Public
Instruction shall:
(a) Prescribe a uniform program throughout this
State for the collection, maintenance and transfer of data that each school
district must adopt, which must include standardized software;
(b) Prescribe the data to be collected and
reported to the Department by each school district and each sponsor of a
charter school pursuant to subsection 2 and by each university school for
profoundly gifted pupils;
(c) Prescribe the format for the data;
(d) Prescribe the date by which each school
district shall report the data to the Department;
(e) Prescribe the date by which each charter
school shall report the data to the sponsor of the charter school;
(f) Prescribe the date by which each university
school for profoundly gifted pupils shall report the data to the Department;
(g) Prescribe standardized codes for all data
elements used within the automated system and all exchanges of data within the
automated system, including, without limitation, data concerning:
(1) Individual pupils;
(2) Individual teachers;
(3) Individual schools and school
districts; and
(4) Programs and financial information;
(h) Provide technical assistance to each school
district to ensure that the data from each public school in the school
district, including, without limitation, each charter school and university
school for profoundly gifted pupils located within the school district, is
compatible with the automated system of information and comparable to the data
reported by other school districts; and
(i) Provide for the analysis and reporting of the
data in the automated system of information.
4. The Department shall establish, to the
extent authorized by the Family Educational Rights and Privacy Act of 1974, 20
U.S.C. § 1232g, and any regulations adopted pursuant thereto, a mechanism by
which persons or entities, including, without limitation, state officers who
are members of the Executive or Legislative Branch, administrators of public
schools and school districts, teachers and other educational personnel, and
parents and guardians, will have different types of access to the
accountability information contained within the automated system to the extent
that such information is necessary for the performance of a duty or to the
extent that such information may be made available to the general public
without posing a threat to the confidentiality of an individual pupil.
5. The Department may, to the extent
authorized by the Family Educational Rights and Privacy Act of 1974, 20 U.S.C.
§ 1232g, and any regulations adopted pursuant thereto, enter into an agreement
with the Nevada System of Higher Education to provide access to data contained
within the automated system for research purposes.
(Added to NRS by 1997, 1227; A 2001, 3141; 2003, 19th
Special Session, 47; 2005, 1174, 2410, 2546; 2007, 1197, 1959; 2010, 26th
Special Session, 38; 2011, 508, 2371, 3083; 2013, 1923,
2697, 3147)
NRS 386.655 Operation of system; compliance with federal law governing
release and confidentiality of records.
1. The Department, the school districts
and the public schools, including, without limitation, charter schools, shall,
in operating the automated system of information established pursuant to NRS 386.650, comply with the provisions of:
(a) For all pupils, the Family Educational Rights
and Privacy Act, 20 U.S.C. § 1232g, and any regulations adopted pursuant
thereto; and
(b) For pupils with disabilities who are enrolled
in programs of special education, the provisions governing access to education
records and confidentiality of information prescribed in the Individuals with
Disabilities Education Act, 20 U.S.C. § 1417(c), and the regulations adopted
pursuant thereto.
2. Except as otherwise provided in 20
U.S.C. § 1232g(b) and any other applicable federal law, a public school,
including, without limitation, a charter school, shall not release the
education records of a pupil to a person or an agency of a federal, state or
local government without the written consent of the parent or legal guardian of
the pupil.
3. In addition to the record required
pursuant to 20 U.S.C. § 1232g(b)(4)(A), each school district and each sponsor
of a charter school shall maintain within the automated system of information
an electronic record of all persons and agencies who have requested the
education record of a pupil or obtained access to the education record of a
pupil, or both, pursuant to 20 U.S.C. § 1232g. The electronic record must be
maintained and may only be disclosed in accordance with the provisions of 20
U.S.C. § 1232g. A charter school shall provide to the sponsor of the charter
school such information as is necessary for the sponsor to carry out the
provisions of this subsection.
4. The right accorded to a parent or legal
guardian of a pupil pursuant to subsection 2 devolves upon the pupil on the
date on which the pupil attains the age of 18 years.
5. As used in this section, unless the
context otherwise requires, “education records” has the meaning ascribed to it
in 20 U.S.C. § 1232g(a)(4).
(Added to NRS by 1997, 1228; A 2001, 3142; 2003, 19th
Special Session, 49; 2005, 1176, 2412, 2548)
EMPOWERMENT SCHOOLS
General Provisions
NRS 386.700 “Empowerment school” defined. As
used in NRS 386.700 to 386.780,
inclusive, unless the context otherwise requires, “empowerment school” means a
public school operating under an empowerment plan developed pursuant to NRS 386.740 and approved pursuant to NRS 386.745 or 386.750, as
applicable.
(Added to NRS by 2007, 3277; A 2011, 879)
State Program of Empowerment Schools; Participation in
Program by School Districts; Policies of Participating School Districts;
Enrollment
NRS 386.720 Establishment of Program; required percentage of empowerment
schools in certain counties; membership and duties of school district design
team; acceptance of gifts and grants by school district.
1. There is hereby established a Program
of Empowerment Schools for public schools within this State. The Program does
not include a university school for profoundly gifted pupils.
2. The board of trustees of a school
district which is located:
(a) In a county whose population is less than
100,000 may approve public schools located within the school district to
operate as empowerment schools.
(b) In a county whose population is 100,000 or
more shall approve not less than 5 percent of the schools located within the
school district to operate as empowerment schools.
3. The board of trustees of a school
district which participates in the Program of Empowerment Schools shall, on or
before September 1 of each year, provide notice to the Department of the number
of schools within the school district that are approved to operate as
empowerment schools for that school year.
4. The board of trustees of a school
district that participates in the Program of Empowerment Schools may create a
design team for the school district. If such a design team is created, the
membership of the design team must consist of the following persons appointed
by the board of trustees:
(a) At least one representative of the board of
trustees;
(b) The superintendent of the school district, or
the superintendent’s designee;
(c) Parents and legal guardians of pupils
enrolled in public schools in the school district;
(d) Teachers and other educational personnel
employed by the school district, including, without limitation, school
administrators;
(e) Representatives of organizations that
represent teachers and other educational personnel;
(f) Representatives of the community in which the
school district is located and representatives of businesses within the
community; and
(g) Such other members as the board of trustees
determines are necessary.
5. If a design team is created for a
school district, the design team shall:
(a) Recommend policies and procedures relating to
empowerment schools to the board of trustees of the school district; and
(b) Advise the board of trustees on issues
relating to empowerment schools.
6. The board of trustees of a school
district may accept gifts, grants and donations from any source for the support
of the empowerment schools within the school district.
(Added to NRS by 2007, 3277; A 2011, 878, 879)
NRS 386.725 Adoption of policies and procedures; school choice for pupils;
enrollment of pupils in empowerment school; no duty to provide transportation;
procedure for empowerment school to obtain waiver from school district
regulations.
1. The board of trustees of a school
district that participates in the Program of Empowerment Schools may establish
policies and procedures for public schools within the school district that wish
to convert to empowerment schools which may provide for:
(a) The process by which a public school may
convert to an empowerment school, including, without limitation, the
development of an empowerment plan for the school in accordance with NRS 386.740;
(b) Autonomy for the principal of each
empowerment school to decide issues relating to the operation of the school,
including, without limitation, the school schedule, governance, incentives for
employees, staffing, budgeting and the provision of instruction;
(c) The opportunity for empowerment schools
within the school district to offer an alternative schedule, including, without
limitation, a longer school day or a longer school year, or both, and to offer
school during the summer; and
(d) Other matters as deemed necessary by the
board of trustees.
2. The board of trustees of a school
district that participates in the Program of Empowerment Schools shall adopt
policies and procedures which provide for:
(a) Accountability measures designed to ensure
that pupils enrolled in an empowerment school are achieving certain goals and
standards relating to academic achievement;
(b) The process for the selection of empowerment
schools and the approval of empowerment plans for those schools;
(c) The process for renewal of empowerment plans;
(d) The criteria for revocation of an empowerment
plan for a school and the procedure for revocation; and
(e) The time period for which empowerment plans
will be approved.
3. A school district that participates in
the Program of Empowerment Schools shall provide a process for a pupil who
resides in the school district to attend:
(a) An empowerment school regardless of the
school which the pupil is otherwise zoned to attend.
(b) A school that is not an empowerment school if
the pupil is zoned to attend a school that converts to an empowerment school.
4. An empowerment school shall:
(a) Enroll first the pupils who are zoned to
attend that school.
(b) After the enrollment of pupils pursuant to paragraph
(a), if the school has space available, enroll pupils who are not otherwise
zoned to attend the school on the basis of a lottery system.
5. A school district is not required to
provide transportation to a pupil who attends a public school which the pupil
is not otherwise zoned to attend.
6. A school district that participates in
the Program of Empowerment Schools shall provide a procedure for an empowerment
school to obtain a waiver from the requirements and regulations of the board of
trustees of the school district. The board of trustees may not waive:
(a) The requirements of a state or federal law or
regulation.
(b) A policy or requirement relating to safety,
including, without limitation, hiring security personnel and following
procedures designed to ensure the safety of the school, the personnel employed
at the school and the pupils.
(Added to NRS by 2007, 3278; A 2011, 879; 2013, 1925)
School Empowerment Teams; Review of School Empowerment
Plans; Waivers From Statutes and Regulations
NRS 386.730 Establishment of empowerment team for school; exception from
requirement of empowerment team; development of empowerment plan; participation
by charter schools.
1. Except as otherwise provided in
subsection 2, the principal of a public school within a school district that
participates in the Program of Empowerment Schools who wishes to convert to an
empowerment school shall:
(a) Establish an empowerment team for the school;
and
(b) Develop an empowerment plan for the school in
consultation with the empowerment team.
2. The principal of a public school
located in a county whose population is less than 100,000 may develop an
empowerment plan for the school without establishing or consulting with an
empowerment team. If an empowerment team has not been established pursuant to
the exception provided in this subsection, the principal of the school shall
carry out the responsibilities and duties otherwise assigned to an empowerment
team pursuant to NRS 386.700 to 386.780, inclusive.
3. An empowerment team for a school must
consist of the following persons:
(a) The principal of the school;
(b) At least two but not more than four teachers
and other licensed educational personnel who are employed at the school,
selected by a recognized employee organization that represents licensed
educational personnel within the school district;
(c) At least two but not more than four
employees, other than teachers and other licensed educational personnel, who
are employed at the school, selected by an organization that represents those
employees;
(d) At least two but not more than four parents
and legal guardians of pupils enrolled in the school, selected by an
association of parents established for the school;
(e) At least two but not more than four
representatives of the community or businesses within the community; and
(f) Such other persons as may be necessary to
meet the requirements set forth in subsection 4.
4. Of the total number of members on an
empowerment team for a school:
(a) At least one member must have 5 years or more
of experience in school finance;
(b) At least one member must have 5 years or more
of experience in school administration or human resources;
(c) At least one member must have 5 years or more
of experience in overseeing the academic programs and curriculum for a public
school; and
(d) At least one member must have 5 years or more
of experience in the collection and analysis of data.
Ê The
provisions of this subsection do not require the appointment of four persons if
one, two or three such persons satisfy the qualifications.
5. A charter school that wishes to
participate in the Program of Empowerment Schools shall comply with the
provisions of NRS 386.700 to 386.780,
inclusive. If a charter school is approved as an empowerment school, the
charter school does not forfeit its status as a charter school.
(Added to NRS by 2007, 3279; A 2009, 2326,
2327; 2011, 879; 2013, 1926,
3806)
NRS 386.735 Duties of school empowerment team. An
empowerment team for a school shall:
1. Select, from among its members, a Chair
and a Vice Chair.
2. Assist the principal in the development
of the empowerment plan for the school.
3. Assist in the development of the
proposed budget for the school and provide ongoing advice to the principal
concerning the expenditure of money apportioned to the school.
4. Provide continued oversight of the
school and assist in the management decisions for the school.
(Added to NRS by 2007, 3280; A 2011, 879)
NRS 386.740 Requirements of school empowerment plan; request for waiver from
certain statutes and regulations; budget for empowerment school and discretion
over certain percentage of money.
1. Each empowerment plan for a school
must:
(a) Set forth the manner by which the school will
be governed;
(b) Set forth the proposed budget for the school,
including, without limitation, the cost of carrying out the empowerment plan,
and the manner by which the money apportioned to the school will be
administered;
(c) Prescribe the academic plan for the school,
including, without limitation, the manner by which courses of study will be
provided to the pupils enrolled in the school and any special programs that
will be offered for pupils;
(d) Prescribe the manner by which the achievement
of pupils will be measured and reported for the school, including, without
limitation, the results of the pupils on the examinations administered pursuant
to NRS 389.550 and, if applicable for
the grade levels of the empowerment school, the end-of-course examinations
administered pursuant to NRS 389.805
and the college and career readiness assessment administered pursuant to NRS 389.807;
(e) Prescribe the manner by which teachers and
other licensed educational personnel will be selected and hired for the school,
which must be determined and negotiated pursuant to chapter 288 of NRS;
(f) Prescribe the manner by which all other staff
for the school will be selected and hired, which must be determined and
negotiated pursuant to chapter 288 of NRS;
(g) Indicate whether the empowerment plan will
offer an incentive pay structure for staff and a description of that pay
structure, if applicable;
(h) Indicate the intended ratio of pupils to
teachers at the school, designated by grade level, which must comply with NRS 388.700 or 388.720, as applicable;
(i) Provide a description of the professional
development that will be offered to the teachers and other licensed educational
personnel employed at the school;
(j) Prescribe the manner by which the empowerment
plan will increase the involvement of parents and legal guardians of pupils
enrolled in the school;
(k) Comply with the plan to improve the
achievement of the pupils enrolled in the school prepared pursuant to NRS 385.357;
(l) Address the specific educational needs and
concerns of the pupils who are enrolled in the school; and
(m) Set forth the calendar and schedule for the
school.
2. If the empowerment plan includes an
incentive pay structure, that pay structure must:
(a) Provide an incentive for all staff employed
at the school;
(b) Set forth the standards that must be achieved
by the pupils enrolled in the school and any other measurable objectives that
must be met to be eligible for incentive pay; and
(c) Be in addition to the salary or hourly rate
of pay negotiated pursuant to chapter 288 of
NRS that is otherwise payable to the employee.
3. An empowerment plan may:
(a) Request a waiver from a statute contained in
this title or a regulation of the State Board or the Department.
(b) Identify the services of the school district
which the school wishes to receive, including, without limitation, professional
development, transportation, food services and discretionary services. Upon
approval of the empowerment plan, the school district may deduct from the total
apportionment to the empowerment school the costs of such services.
4. For purposes of determining the budget
pursuant to paragraph (b) of subsection 1, if a public school which converts to
an empowerment school is a:
(a) Charter school, the amount of the budget is
the amount equal to the apportionments and allowances from the State
Distributive School Account pursuant to NRS
387.121 to 387.126, inclusive, and
its proportionate share of any other money available from federal, state or
local sources that the school or the pupils enrolled in the school are eligible
to receive.
(b) Public school, other than a charter school,
the empowerment team for the school shall have discretion of 90 percent of the
amount of money from the state financial aid and local funds that the school
district apportions for the school, without regard to any line-item
specifications or specific uses determined advisable by the school district,
unless the empowerment team determines that a lesser amount is necessary to
carry out the empowerment plan.
(Added to NRS by 2007, 3280; A 2009, 2328,
2330; 2011, 879; 2013, 1927,
3264, 3806)
NRS 386.745 Review of empowerment plan for public school or
district-sponsored charter school; opportunity to correct deficiencies; term of
effectiveness; request for amendment; review of request for waiver from statute
or regulation by State Board.
1. Except as otherwise provided in
subsection 10, the empowerment team of a public school, other than a charter
school that is sponsored by the State Public Charter School Authority or by a
college or university within the Nevada System of Higher Education, that
develops an empowerment plan pursuant to NRS 386.740
shall submit the proposed empowerment plan to the designee of the board of
trustees appointed pursuant to this subsection for review and approval pursuant
to this section. The board of trustees shall designate a person to review each
proposed empowerment plan and recommend the approval or denial of the plan to
the board of trustees.
2. The board of trustees shall approve or
deny the empowerment plan. The approval or denial of an empowerment plan must
be based solely upon the contents of the plan and may not consider the amount
of money required to carry out the empowerment plan if the plan is within the
limits of the total apportionment to the school pursuant to subsection 4 of NRS 386.740.
3. Except as otherwise provided in
subsection 10, if the board of trustees approves an empowerment plan, the
president of the board of trustees, the principal of the public school and the
chair of the empowerment team, if the principal is not the chair, shall each
sign the plan. The empowerment plan is effective for 3 years unless the
empowerment team determines that the school will no longer operate under the
plan or the board of trustees of the school district revokes the plan.
4. Except as otherwise provided in
subsection 10, if the board of trustees denies an empowerment plan, the board
of trustees shall:
(a) Return the plan to the empowerment team with
a written statement indicating the reason for the denial; and
(b) Provide the empowerment team with a
reasonable opportunity to correct any deficiencies identified in the written
statement and resubmit it for approval. An empowerment plan may be resubmitted
not more than once in a school year.
5. Except as otherwise provided in
subsection 10, an empowerment plan for a public school is not effective and a
public school shall not operate as an empowerment school unless the plan is
signed by the president of the board of trustees of the school district, the
principal of the public school and the chair of the empowerment team, if the
principal is not the chair. If an empowerment plan includes a request for a
waiver from a statute contained in this title or a regulation of the State
Board or the Department, a public school may operate under the approved plan
but the requested waivers from state law are not effective unless approved by
the State Board pursuant to subsection 7.
6. Except as otherwise provided in
subsection 10, the empowerment team may submit a written request to the board
of trustees for an amendment to the empowerment plan approved pursuant to this
section, including an explanation of the reason for the amendment. An amendment
must be approved in the same manner as the empowerment plan was approved.
7. If the empowerment plan includes a
request for a waiver from a statute or regulation, the board of trustees shall
forward the approved empowerment plan to the State Board for review of the
request for a waiver. The State Board shall review the empowerment plan and may
approve or deny the request for a waiver from a statute or regulation unless
the statute or regulation is required by federal law or is required to carry
out federal law.
8. If the State Board approves the request
for a waiver for a school, the Department shall provide written notice of the
approval to the board of trustees of the school district that submitted the
empowerment plan on behalf of the school.
9. If the State Board denies a request for
a waiver, the State Board shall:
(a) Return the request to the school district
with a written statement indicating the reason for the denial; and
(b) Except as otherwise provided in subsection
10, provide the empowerment team with a reasonable opportunity to correct any
deficiencies identified in the written statement and resubmit it for approval.
A request for a waiver may be resubmitted by the school district, after the
empowerment team corrects any deficiencies, not more than once in a school
year.
10. If an empowerment team has not been
established pursuant to the exception provided in subsection 2 of NRS 386.730, the principal of the school shall carry
out the responsibilities and duties assigned to the empowerment team pursuant
to this section.
(Added to NRS by 2007, 3281; A 2011, 879)
NRS 386.750 Review of empowerment plan for State Public Charter School
Authority-sponsored and Nevada System of Higher Education-sponsored charter
schools; opportunity to correct deficiencies; term of effectiveness; request
for amendment; review of request for waiver from statute or regulation by State
Board.
1. Except as otherwise provided in
subsection 7, the empowerment team of a charter school that is sponsored by the
State Public Charter School Authority or by a college or university within the
Nevada System of Higher Education which develops an empowerment plan pursuant
to NRS 386.740 shall submit the proposed plan to
the Department for transmission to the State Board for review and approval
pursuant to this section.
2. The State Board shall review each
proposed empowerment plan and approve or deny the plan, including a request for
a waiver from a statute contained in this title or a regulation of the State
Board or the Department, if applicable. The approval or denial of an
empowerment plan must be based solely upon the contents of the plan and may not
consider the amount of money required to carry out the empowerment plan if the
plan is within the limits of the total apportionment to the charter school
pursuant to subsection 4 of NRS 386.740.
3. Except as otherwise provided in subsection
7, if the State Board approves an empowerment plan, the President of the State
Board, the principal of the charter school and the chair of the empowerment
team, if the principal is not the chair, shall each sign the plan. The
empowerment plan is effective for 3 years unless the empowerment team
determines that the school will no longer operate under the plan or the State
Board revokes the plan.
4. Except as otherwise provided in
subsection 7, if the State Board denies an empowerment plan, the State Board
shall:
(a) Return the plan to the empowerment team with
a written statement indicating the reason for the denial; and
(b) Provide the empowerment team with a
reasonable opportunity to correct any deficiencies identified in the written
statement and resubmit it for approval. An empowerment plan may be resubmitted
not more than once in a school year.
5. Except as otherwise provided in
subsection 7, an empowerment plan for a charter school that is sponsored by the
State Public Charter School Authority or by a college or university within the
Nevada System of Higher Education is not effective and a charter school shall
not operate as an empowerment school unless the plan is signed by the President
of the State Board, the principal of the charter school and the chair of the
empowerment team, if the principal is not the chair.
6. Except as otherwise provided in
subsection 7, the empowerment team may submit a written request to the
Department for an amendment to the empowerment plan approved pursuant to this
section, including an explanation of the reason for the amendment. An amendment
must be approved in the same manner as the empowerment plan was approved.
7. If an empowerment team has not been
established pursuant to the exception provided in subsection 2 of NRS 386.730, the principal of the school shall carry
out the responsibilities and duties assigned to the empowerment team pursuant
to this section.
(Added to NRS by 2007, 3283; A 2011, 879)
Reports; Compliance With Laws; Regulations
NRS 386.760 Quarterly report by empowerment school; annual financial audit
required; compilation of reports and audits.
1. Each empowerment school, other than a
charter school that is sponsored by the State Public Charter School Authority
or by a college or university within the Nevada System of Higher Education,
shall, on a quarterly basis, submit to the board of trustees of the school
district in which the school is located a report that includes:
(a) The financial status of the school; and
(b) A description of the school’s compliance with
each component of the empowerment plan for the school.
2. Each charter school that is sponsored
by the State Public Charter School Authority or by a college or university
within the Nevada System of Higher Education which is approved to operate as an
empowerment school shall, on a quarterly basis, submit to the Department a
report that includes:
(a) The financial status of the school; and
(b) A description of the school’s compliance with
each component of the empowerment plan for the school.
3. The board of trustees of a school
district shall conduct a financial audit of each empowerment school within the
school district, other than a charter school that is sponsored by the State
Public Charter School Authority or by a college or university within the Nevada
System of Higher Education. Each financial audit must be conducted on an annual
basis and more frequently if determined necessary by the board of trustees.
4. The Department shall conduct a
financial audit of each charter school that is sponsored by the State Public
Charter School Authority or by a college or university within the Nevada System
of Higher Education which operates as an empowerment school on an annual basis
and more frequently if determined necessary by the Department.
5. On or before July 1 of each year, the
board of trustees of each school district shall compile the reports and audits
required pursuant to subsections 1 and 3, if any, and forward the compilation
to the:
(a) Governor;
(b) Department; and
(c) Legislative Committee on Education.
6. On or before July 1 of each year, the
Department shall compile the reports and audits required pursuant to
subsections 2 and 4, if any, and forward the compilation to the:
(a) Governor; and
(b) Legislative Committee on Education.
(Added to NRS by 2007, 3284; A 2011, 879)
NRS 386.765 Compliance with state law; exception if waiver granted;
acceptance of gifts and grants by empowerment school.
1. Except as otherwise provided pursuant
to a waiver granted in accordance with NRS 386.745
or 386.750, each empowerment school, each person
employed by an empowerment school and each pupil enrolled in an empowerment
school shall comply with the applicable requirements of state law, including,
without limitation, the standards of content and performance prescribed
pursuant to NRS 389.520 and the
examinations that are administered pursuant to NRS 389.550 and 389.805 and the college and career
readiness assessment administered pursuant to NRS 389.807.
2. Each empowerment school may accept
gifts, grants and donations from any source for the support of its empowerment
plan. A person who gives a gift, grant or donation may designate all or part of
the gift, grant or donation specifically to carry out the incentive pay
structure of the school, if applicable.
(Added to NRS by 2007, 3284; A 2011, 879; 2013, 3265)
NRS 386.780 Regulations. The
State Board may adopt regulations to carry out the provisions of NRS 386.700 to 386.780,
inclusive.
(Added to NRS by 2007, 3284; A 2011, 879)
