EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted. Green numbers along left margin indicate location on the printed bill (e.g., 5-15 indicates page 5, line 15).

Whereas, It is further the intention of the legislature to provide

2-1 Section 1. NRS 385.007 is hereby amended to read as follows:

2-2 385.007 As used in this Title, unless the context otherwise requires:

3-1 2. "Department" means the department of education.

3-2 3. "Public schools" means all kindergartens and elementary schools,

3-3 junior high schools and middle schools, high schools, charter schools and

3-4 any other schools, classes and educational programs which receive their

3-5 support through public taxation and, except for charter schools, whose

3-6 textbooks and courses of study are under the control of the state board.

3-7 4. "State board" means the state board of education.

3-8 Sec. 2. Chapter 386 of NRS is hereby amended by adding thereto the

3-9 provisions set forth as sections 3 to 8, inclusive, of this act.

3-10 Sec. 3. The subcommittee on charter schools of the state board is

3-11 hereby created. The president of the state board shall appoint three

3-12 members of the state board to serve on the subcommittee. Except as

3-13 otherwise provided in this subsection, the members of the subcommittee

3-14 serve terms of 2 years. If a member is not reelected to the state board

3-15 during his service on the subcommittee, his term on the subcommittee

3-16 expires when his membership on the state board expires. Members of the

3-17 subcommittee may be reappointed.

3-18 Sec. 4. 1. Except as otherwise provided in subsection 3, if the

3-19 board of trustees of a school district approves an application to form a

3-20 charter school, it shall grant a written charter to the applicant. The board

3-21 of trustees shall, not later than 10 days after the approval of the

3-22 application, provide written notice to the department of the approval and

3-23 the date of the approval. The board of trustees that approves the

3-24 application shall be deemed the sponsor of the charter school. A written

3-25 charter must be for a term of 6 years unless the governing body of a

3-26 charter school renews its initial charter after 3 years of operation

3-27 pursuant to subsection 2 of NRS 386.530. A written charter must include

3-28 all conditions of operation set forth in paragraphs (a) to (q), inclusive, of

3-29 subsection 5 of NRS 386.520. As a condition of the issuance of a written

3-30 charter pursuant to this subsection, the charter school must agree to

3-31 comply with all conditions of operation set forth in NRS 386.550.

3-32 2. The governing body of a charter school may submit to the sponsor

3-33 of the charter school a written request for an amendment of the written

3-34 charter of the charter school. If the proposed amendment complies with

3-35 the provisions of this section, NRS 386.500 to 386.610, inclusive, and

3-36 sections 3 to 8, inclusive, of this act and any other statute or regulation

3-37 applicable to charter schools, the sponsor shall amend the written charter

3-38 in accordance with the proposed amendment.

3-39 3. If the board of trustees of a school district is considering an

3-40 application to form a charter school and determines that the applicant is

3-41 not yet eligible for the issuance of a charter pursuant to subsection 1, it

3-42 may, if applicable, hold the application in abeyance and grant a

3-43 conditional charter to the applicant if the applicant:

4-1 (a) Has not obtained a building, equipment or personnel for the

4-2 charter school; and

4-3 (b) Submits proof satisfactory to the entity which is considering the

4-4 application that acceptance of the application is necessary to obtain the

4-5 building, equipment or personnel for the charter school.

4-6 The board of trustees of a school district that grants a conditional charter

4-7 pursuant to this subsection shall provide written notice to the state board

4-8 of its action.

4-9 4. A conditional charter expires 1 year after its issuance and is

4-10 nonrenewable. The holder of a conditional charter shall not operate a

4-11 charter school and is not eligible to receive any public school money for

4-12 the operation of a charter school. Before the expiration of a conditional

4-13 charter, the holder of the conditional charter may submit a supplemental

4-14 application and request the board of trustees that granted the conditional

4-15 charter to determine whether the holder is eligible for the issuance of a

4-16 charter pursuant to subsection 1. The board of trustees shall consider

4-17 such a request as soon as is practicable.

4-18 Sec. 5. 1. The governing body of a charter school may consist of,

4-19 without limitation, teachers, parents and representatives of nonprofit

4-20 organizations and businesses.

4-21 2. The governing body of a charter school is a public body. It is

4-22 hereby given such reasonable and necessary powers, not conflicting with

4-23 the constitution and the laws of the State of Nevada, as may be requisite

4-24 to attain the ends for which the charter school is established and to

4-25 promote the welfare of pupils who are enrolled in the charter school.

4-26 Sec. 6. 1. The governing body of a charter school shall designate a

4-27 person to draw all orders for the payment of money belonging to the

4-28 charter school. The orders must be listed on cumulative voucher sheets.

4-29 2. The governing body of a charter school shall prescribe the

4-30 procedures by which the orders must be approved and the cumulative

4-31 voucher sheets signed.

4-32 3. An order for the payment of money to a member of the governing

4-33 body of the charter school may only be drawn for salary, travel expenses,

4-34 subsistence allowances or for services rendered by the member.

4-35 4. An action may not be maintained against any governing body of a

4-36 charter school or the sponsor of a charter school to collect upon any bill

4-37 not presented for payment to the governing body within 6 months after

4-38 the bill was incurred.

4-39 Sec. 7. The governing body of a charter school shall adopt rules for

4-40 the academic retention of pupils who are enrolled in the charter school.

4-41 The rules must prescribe the conditions under which a pupil may be

4-42 retained in the same grade rather than promoted to the next higher grade

4-43 for the immediately succeeding school year.

5-1 Sec. 8. If a pupil has successfully completed equivalent courses at a

5-2 charter school, the pupil must be allowed to transfer the credit that he

5-3 received at the charter school as applicable toward advancement to the

5-4 next grade at any other public school or toward graduation from any

5-5 other public school.

5-6 Sec. 9. NRS 386.350 is hereby amended to read as follows:

5-7 386.350 Each board of trustees is hereby given such reasonable and

5-12 schools and classes deemed necessary and desirable.

5-13 Sec. 10. NRS 386.450 is hereby amended to read as follows:

5-14 386.450 The rules and regulations adopted by the association [shall]

5-16 parochial schools which may elect to join the association.

5-17 Sec. 11. NRS 386.460 is hereby amended to read as follows:

5-18 386.460 [Any] If a charter school, private school or parochial school

5-22 association.

5-23 Sec. 12. NRS 386.505 is hereby amended to read as follows:

5-24 386.505 [1.] The legislature hereby declares that by authorizing the

5-42 system of public education;

6-1 (2) Increase the opportunities for learning and access to quality

6-2 education by pupils;

6-3 (3) Encourage the use of different and innovative teaching methods;

6-4 (4) Establish appropriate measures for and assessments of the

6-5 learning achieved by pupils who are enrolled in charter schools;

6-6 (5) Provide a more thorough and efficient system of accountability of

6-7 the results achieved in public education in this state; and

6-8 (6) Create new professional opportunities for teachers and other

6-9 educational personnel, including, without limitation, the opportunity to

6-10 increase the accessibility and responsibility of teachers and other

6-11 educational personnel for the program of learning offered.

6-12 2. The legislature declares that by authorizing the formation of charter

6-13 schools it is not authorizing:

6-14 (a) The establishment of a charter school as a justification to keep open

6-15 an existing public school that would otherwise be closed;

6-16 (b) A means for providing financial assistance for private schools or

6-17 programs of home study; or

6-18 (c) The] it is not authorizing the formation of charter schools on the

6-19 basis of a single race, religion or ethnicity.

6-20 Sec. 12.5. NRS 386.510 is hereby amended to read as follows:

6-21 386.510 1. Except as otherwise provided in subsection 2:

6-31 opportunities for pupils who are at risk.

6-32 Sec. 13. NRS 386.520 is hereby amended to read as follows:

6-33 386.520 1. A committee to form a charter school must consist of at

6-43 program of study at home into a charter school. This subsection does not

7-1 prohibit a committee to form a charter school from submitting an

7-2 application that proposes to offer independent study pursuant to NRS

7-3 389.155 to pupils who are enrolled in the charter school, including,

7-4 without limitation, the use of computer programs to provide instruction

7-5 at home.

7-6 3. An application may propose to convert an existing public school

7-7 into a charter school only if the existing public school is a high school

7-8 that is a vocational, technical or trade school.

7-9 4. An application may propose to convert a private school into a

7-10 charter school only if the private school is nonsectarian. If such an

7-11 application is approved and the school operates as a charter school, the

7-12 school is no longer governed by chapter 394 of NRS and shall comply

7-13 with NRS 386.500 to 386.610, inclusive, and sections 3 to 8, inclusive, of

7-14 this act and any other statute or regulation applicable to charter schools.

7-15 5. Before a committee to form a charter school may submit an

7-16 application to the board of trustees of a school district, it must submit the

7-17 application to the department. The application must include all information

7-18 prescribed by the department by regulation and:

7-19 (a) A written description of how the charter school will carry out the

7-20 provisions of NRS 386.500 to 386.610, inclusive [.

7-21 (b) A written description of the educational programs that will be

7-22 offered by the charter school.

7-23 (c) A written description of the level and type of educational services

7-24 that will be provided to pupils who are at risk.

7-25 (d) The policy and criteria for admission to the charter school and the

7-26 justification for the policy and criteria.

7-27 (e) The standards of achievement for the charter school, including,

7-28 without limitation, the:

7-29 (1) Academic and other educational results that will be expected of

7-30 pupils who are enrolled in the charter school;

7-31 (2) Time by which such results will be achieved; and

7-32 (3) Procedure by which the results will be measured and assessed.

7-33 (f) An agreement to provide a written report at the end of each school

7-34 semester to the parents and legal guardians of pupils who are enrolled in

7-35 the charter school, the residents of the community, the sponsor of the

7-36 charter school and the state board. The written report must include the

7-37 progress of the charter school in meeting the standards of achievement set

7-38 forth in the application.

7-39 (g) The system of governance for the charter school.

7-40 (h) The system of organization and operation for the charter school.

7-41 (i) The policies, practices and programs of the charter school that will

7-42 ensure participation and involvement in the activities of the charter school

8-1 by parents and legal guardians of pupils who are enrolled in the charter

8-2 school.

8-3 (j) The policies and practices of employment by the charter school

8-4 applicable to the administrators and other employees of the charter school.

8-5 (k) The procedure for evaluation of the teachers and other employees of

8-6 the charter school, if different from the procedure prescribed in NRS

8-7 391.3125.

8-8 (l) The written rules of behavior required of pupils who are enrolled in

8-9 the charter school, including, without limitation, disciplinary policies and

8-10 procedures for the charter school.

8-11 (m) A written description of the location of the charter school and the

8-12 facilities and equipment available to the charter school. The description

8-13 must include the procedures that will be followed for the disposition of

8-14 facilities and equipment upon dissolution or nonrenewal of the charter.

8-15 (n) Guidelines for determining who is liable if the charter school is

8-16 dissolved or its application for renewal is not approved.

8-17 (o) Procedures for auditing the programs and finances of the charter

8-18 school.

8-19 (p) An agreement that the curriculum of the charter school will focus on

8-20 the intellectual development of pupils, including, without limitation, the

8-21 acquisition of identifiable academic and technical skills.

8-22 (q) An agreement that the pupils who are enrolled in the charter school

8-23 will be tested on a regular basis and that copies of the examinations with a

8-24 letter or numerical grade will be included in the report of progress of the

8-25 pupil provided to the parents or legal guardian of the pupil.

8-26 (r) An agreement that a pupil must achieve a specified level of

8-27 performance appropriate for his grade level before he is promoted to the

8-28 next grade.

8-29 4.] , and sections 3 to 8, inclusive, of this act.

8-30 (b) If the proposal for a charter school includes the conversion of an

8-31 existing public school as authorized by subsection 3:

8-32 (1) Evidence of support from the teachers who are employed full

8-33 time at the public school that will be converted, demonstrated by:

8-34 (I) A petition signed by more than 50 percent of those teachers;

8-35 or

8-36 (II) The written results of an election, in which more than 50

8-37 percent of those teachers approved, by secret ballot or otherwise, the

8-38 proposed conversion; and

8-39 (2) Evidence of support from parents and legal guardians and the

8-40 community in which the proposed charter school will be located, at a

8-41 level deemed sufficient by the entity to whom the application was

8-42 submitted.

9-1 (c) If the proposal for a charter school includes the conversion of a

9-2 private school as authorized by subsection 4:

9-3 (1) Evidence of support from the teachers who are employed full

9-4 time at the private school that will be converted, demonstrated by:

9-5 (I) A petition signed by more than 50 percent of those teachers;

9-6 or

9-7 (II) The written results of an election, in which more than 50

9-8 percent of those teachers approved, by secret ballot or otherwise, the

9-9 proposed conversion; and

9-10 (2) Evidence of support from parents and legal guardians of pupils

9-11 who are enrolled in the private school, at a level deemed sufficient by the

9-12 entity to whom the application was submitted.

9-13 (d) If the proposed charter school does not include the conversion of

9-14 an existing public school or private school, evidence of support from

9-15 teachers, parents and the community in which the proposed charter

9-16 school will be located, at a level deemed sufficient by the entity to whom

9-17 the application was submitted.

9-18 (e) If the charter school proposes to offer independent study to pupils

9-19 who are enrolled in the charter school, including, without limitation, the

9-20 use of computer programs to provide instruction at home, a written

9-21 description of:

9-22 (1) The plan for independent study; and

9-23 (2) The method by which the charter school will comply with the

9-24 provisions of NRS 386.500 to 386.610, inclusive, and sections 3 to 8,

9-25 inclusive, of this act and any other statute or regulation applicable to

9-26 charter schools.

9-27 (f) A written description of the mission and goals for the charter

9-28 school. A charter school must have as its stated purpose at least one of

9-29 the following goals:

9-30 (1) Improving the opportunities for pupils to learn;

9-31 (2) Encouraging the use of effective methods of teaching;

9-32 (3) Providing an accurate measurement of the educational

9-33 achievement of pupils;

9-34 (4) Establishing accountability of public schools;

9-35 (5) Providing a method for public schools to measure achievement

9-36 based upon the performance of the schools; or

9-37 (6) Creating new professional opportunities for teachers.

9-38 (g) The projected enrollment of pupils in the charter school.

9-39 (h) The proposed dates of enrollment for the charter school.

9-40 (i) The proposed system of governance for the charter school,

9-41 including, without limitation, the number of persons who will govern, the

9-42 method of selecting the persons who will govern and the term of office

9-43 for each person.

10-1 (j) The method by which disputes will be resolved between the

10-2 governing body of the charter school and the sponsor of the charter

10-3 school.

10-4 (k) The proposed curriculum for the charter school.

10-5 (l) The textbooks that will be used at the charter school.

10-6 (m) The qualifications of the persons who will provide instruction at

10-7 the charter school.

10-8 (n) Except as otherwise required by NRS 386.595, the process by

10-9 which the governing body of the charter school will negotiate

10-10 employment contracts with the employees of the charter school.

10-11 (o) A financial plan for the operation of the charter school. The plan

10-12 must include, without limitation, procedures for the audit of the

10-13 programs and finances of the charter school and guidelines for

10-14 determining the financial liability if the charter school is unsuccessful.

10-15 (p) The proposed plan for the transportation of pupils to and from the

10-16 charter school.

10-17 (q) A written description of the manner in which teachers of a charter

10-18 school will be evalutated.

10-19 6. The department shall review an application to form a charter school

10-20 to determine whether it is complete. The department shall provide written

10-21 notice to the applicant of its approval or denial of the application. If the

10-22 department denies an application, the department shall include in the

10-23 written notice the reason for the denial and the deficiencies in the

10-24 application. The applicant must be granted 30 days after receipt of the

10-25 written notice to correct any deficiencies identified in the written notice and

10-26 resubmit the application.

10-27 Sec. 14. NRS 386.525 is hereby amended to read as follows:

10-28 386.525 1. Upon approval of an application by the department, a

10-43 district in the review of an application. The board of trustees shall approve

11-1 an application if it [is complete.] satisfies the requirements of paragraphs

11-2 (a) and (b) of subsection 1. The board of trustees shall provide written

11-3 notice to the applicant of its approval or denial of the application.

11-4 3. If the board of trustees denies an application, it shall include in the

11-5 written notice the reasons for the denial and the deficiencies in the

11-6 application. The applicant must be granted 30 days after receipt of the

11-7 written notice to correct any deficiencies identified in the written notice and

11-8 resubmit the application.

11-9 [2. If an application is approved by the board of trustees, the board of

11-10 trustees and the applicant shall enter into a written agreement concerning

11-11 the methods and procedures for the board of trustees to monitor the

11-12 progress of the charter school. The written agreement must authorize the

11-13 board of trustees and the department to physically inspect the school at any

11-14 time. The contents of the application set forth in NRS 386.520 and the

11-15 written agreement entered into pursuant to this subsection shall be deemed

11-16 the written charter of the charter school. A written charter is for a term of 6

11-17 years unless the governing body of the charter school renews its initial

11-18 charter after 3 years of operation pursuant to subsection 2 of NRS 386.530.

11-19 3. If an application is approved by the board of trustees, the committee

11-20 to form a charter school that submitted the application shall be deemed the

11-21 governing body of the charter school.

11-22 4. Upon request of the governing body of a charter school and the

11-23 approval of the board of trustees of the school district that granted the

11-24 written charter, the written charter may be amended if such amendment will

11-25 grant to the charter school a greater ability to achieve its educational goals

11-26 and objectives. An amendment must not authorize an extension of the

11-27 duration of the term of the written charter.]

11-28 4. If the board of trustees denies an application after it has been

11-29 resubmitted pursuant to subsection 3, the applicant may submit a written

11-30 request to the subcommittee on charter schools created pursuant to

11-31 section 3 of this act, not more than 30 days after receipt of the written

11-32 notice of denial, to direct the board of trustees to reconsider the

11-33 application. The subcommittee shall consider requests for

11-34 reconsideration in the order in which they are received. If the

11-35 subcommittee receives such a request, it shall consider the request at its

11-36 next regularly scheduled meeting and ensure that notice of the meeting is

11-37 posted in accordance with chapter 241 of NRS. Not more than 30 days

11-38 after the meeting, the subcommittee shall provide written notice of its

11-39 determination to the applicant and to the board of trustees. If the

11-40 subcommittee denies the request for reconsideration, the applicant may,

11-41 not more than 30 days after the receipt of the written notice from the

11-42 subcommittee, appeal the determination to the district court of the county

11-43 in which the proposed charter school will be located.

12-1 5. If the subcommittee on charter schools grants a request to direct

12-2 reconsideration, the written notice to the board of trustees of the school

12-3 district that denied the application must include, without limitation,

12-4 instructions to the board of trustees concerning the reconsideration of

12-5 the application. Not more than 30 days after receipt of the written notice

12-6 from the subcommittee directing the reconsideration, the board of

12-7 trustees shall reconsider the application in accordance with the

12-8 instructions of the subcommittee, make a final determination on the

12-9 application and provide written notice of the determination to the

12-10 applicant. If, upon reconsideration of the application, the board of

12-11 trustees denies the application, the applicant may, not more than 30 days

12-12 after the receipt of the written notice from the board of trustees, appeal

12-13 the final determination to the district court of the county in which the

12-14 proposed charter school will be located.

12-15 Sec. 15. NRS 386.535 is hereby amended to read as follows:

12-16 386.535 1. The [board of trustees of a school district] sponsor of a

12-43 action of the sponsor is based; and

13-1 (b) Prescribe a period, not less than 30 days, during which the charter

13-2 school may correct the deficiencies.

13-3 If the charter school corrects the deficiencies to the satisfaction of the

13-4 sponsor within the time prescribed in paragraph (b), the sponsor shall

13-5 not revoke the written charter of the charter school.

13-6 Sec. 16. NRS 386.545 is hereby amended to read as follows:

13-7 386.545 The department and the board of trustees of a school district

13-23 without limitation, money available from the Federal Government.

13-24 Sec. 17. NRS 386.550 is hereby amended to read as follows:

13-25 386.550 A charter school shall:

13-43 (a) Extenuating circumstances exist to justify the waiver; and

14-1 (b) The charter school will provide at least as many hours or minutes

14-2 of instruction as would be provided under a program consisting of 180

14-3 days.

14-4 7. Cooperate with the board of trustees of the school district in the

14-5 administration of the achievement and proficiency examinations

14-6 administered pursuant to NRS 389.015 to the pupils who are enrolled in the

14-7 charter school.

14-8 8. Comply with applicable statutes and regulations governing the

14-9 achievement and proficiency of pupils in this state.

14-10 9. Provide instruction in the core academic subjects set forth in

14-11 subsection 1 of section 35 of this act, as applicable for the grade levels of

14-12 pupils who are enrolled in the charter school, and provide at least the

14-13 courses of instruction that are required of pupils by statute or regulation for

14-14 promotion to the next grade or graduation from a public high school and

14-15 require the pupils who are enrolled in the charter school to take those

14-16 courses of study. This subsection does not preclude a charter school from

14-17 offering, or requiring the pupils who are enrolled in the charter school to

14-18 take, other courses of study that are required by statute or regulation.

14-19 10. [Provide instruction on acquired immune deficiency syndrome and

14-20 the human reproductive system, related to communicable diseases and

14-21 sexual responsibility in accordance with NRS 389.065.

14-22 11. Adhere to the same transportation policy that is in effect in the

14-23 school district in which the charter school is located.] Refrain from using

14-24 public money to purchase real property or buildings without the approval

14-25 of the sponsor.

14-26 11. Hold harmless, indemnify and defend the sponsor of the charter

14-27 school against any claim or liability arising from an act or omission by

14-28 the governing body of the charter school or an employee or officer of the

14-29 charter school. An action at law may not be maintained against the

14-30 sponsor of a charter school for any cause of action for which the charter

14-31 school has obtained liability insurance.

14-32 12. Provide written notice to the parents or legal guardians of pupils

14-33 in grades 9 to 12, inclusive, who are enrolled in the charter school of

14-34 whether the charter school is accredited by the Commission on Schools

14-35 of the Northwest Association of Schools and Colleges.

14-36 13. Adopt a final budget in accordance with the regulations adopted

14-37 by the department. A charter school is not required to adopt a final

14-38 budget pursuant to NRS 354.598 or otherwise comply with the provisions

14-39 of chapter 354 of NRS.

14-40 Sec. 18. NRS 386.560 is hereby amended to read as follows:

14-41 386.560 1. [A] The governing body of a charter school may contract

14-43 is located or the University and Community College System of Nevada for

15-1 the provision of facilities to operate the charter school or to perform any

15-2 service relating to the operation of the charter school, including, without

15-3 limitation, transportation and the provision of health services for the pupils

15-4 who are enrolled in the charter school.

15-5 2. A charter school may use any public facility located within the

15-6 school district in which the charter school is located. A charter school may

15-7 use school buildings owned by the school district only upon approval of the

15-8 board of trustees of the school district . [and during times that are not

15-9 regular school hours.]

15-10 3. The board of trustees of a school district may donate surplus

15-11 personal property of the school district to a charter school that is located

15-12 within the school district.

15-13 4. Upon the request of a parent or legal guardian of a pupil who is

15-14 enrolled in a charter school, the board of trustees of the school district in

15-15 which the charter school is located shall authorize the pupil to participate

15-16 in a class that is not available to the pupil at the charter school or

15-17 participate in an extracurricular activity, excluding sports, at a public

15-18 school within the school district if:

15-19 (a) Space for the pupil in the class or extracurricular activity is

15-20 available; and

15-21 (b) The parent or legal guardian demonstrates to the satisfaction of

15-22 the board of trustees that the pupil is qualified to participate in the class

15-23 or extracurricular activity.

15-24 If the board of trustees of a school district authorizes a pupil to

15-25 participate in a class or extracurricular activity, excluding sports,

15-26 pursuant to this subsection, the board of trustees is not required to

15-27 provide transportation for the pupil to attend the class or activity.

15-28 5. Upon the request of a parent or legal guardian of a pupil who is

15-29 enrolled in a charter school, the board of trustees of the school district in

15-30 which the charter school is located shall authorize the pupil to participate

15-31 in sports at the public school that he would otherwise be required to

15-32 attend within the school district, or upon approval of the board of

15-33 trustees, any public school within the school district if:

15-34 (a) Space is available for the pupil to participate; and

15-35 (b) The parent or legal guardian demonstrates to the satisfaction of

15-36 the board of trustees that the pupil is qualified to participate.

15-37 If the board of trustees of a school district authorizes a pupil to

15-38 participate in sports pursuant to this subsection, the board of trustees is

15-39 not required to provide transportation for the pupil to participate.

15-40 6. The board of trustees of a school district may revoke its approval

15-41 for a pupil to participate in a class, extracurricular activity or sports at a

15-42 public school pursuant to subsections 4 and 5 if the board of trustees or

15-43 the public school determines that the pupil has failed to comply with

16-1 applicable statutes, or applicable rules and regulations of the board of

16-2 trustees, the public school or an association for interscholastic activities.

16-3 If the board of trustees so revokes its approval, neither the board of

16-4 trustees nor the public school are liable for any damages relating to the

16-5 denial of services to the pupil.

16-6 Sec. 19. NRS 386.565 is hereby amended to read as follows:

16-7 386.565 The board of trustees of a school district [that approves the

16-15 regulation applicable to charter schools or its officers or employees.

16-16 Sec. 20. NRS 386.570 is hereby amended to read as follows:

16-17 386.570 1. [Pupils who are] Each pupil who is enrolled in a charter

16-42 before the apportionments are otherwise required to be made.

17-1 4. The governing body of a charter school may solicit and accept

17-2 donations, money, grants, property, loans, personal services or other

17-3 assistance for purposes relating to education from members of the general

17-4 public, corporations or agencies. The governing body may comply with

17-5 applicable federal laws and regulations governing the provision of federal

17-6 grants for charter schools.

17-7 5. If a charter school uses money received from this state to purchase

17-8 real property, buildings, equipment or facilities, the governing body of

17-9 the charter school shall assign a security interest in the property,

17-10 buildings, equipment and facilities to the State of Nevada.

17-11 Sec. 21. NRS 386.575 is hereby amended to read as follows:

17-12 386.575 1. If a charter school files a voluntary petition of bankruptcy

17-19 lawful action necessary to recover the money.

17-20 2. If a charter school files a voluntary petition of bankruptcy or is

17-21 declared bankrupt during a school year, neither the State of Nevada nor

17-22 the sponsor of the charter school may be held liable for any claims

17-23 resulting from the bankruptcy.

17-24 Sec. 22. NRS 386.580 is hereby amended to read as follows:

17-25 386.580 1. [The policies for admission to a charter school must be

17-41 applicants to enroll on the basis of a lottery system.

18-1 [3.] 2. Except as otherwise provided in subsection [5,] 4, a charter

18-2 school shall not accept applications for enrollment in the charter school or

18-3 otherwise discriminate based on the:

18-4 (a) Race;

18-5 (b) Gender;

18-6 (c) Religion;

18-7 (d) Ethnicity; or

18-8 (e) Disability,

18-9 of a pupil.

18-10 [4.] 3. If the governing body of a charter school determines that the

18-11 charter school is unable to provide an appropriate special education

18-12 program and related services for a particular disability of a pupil who is

18-13 enrolled in the charter school, the governing body may request that the

18-14 board of trustees of the school district of the county in which the pupil

18-15 resides transfer that pupil to an appropriate school.

18-16 [5.] 4. This section does not preclude the formation of a charter school

18-17 that is dedicated to provide educational services exclusively to pupils:

18-18 (a) With disabilities;

18-19 (b) Who pose such severe disciplinary problems that they warrant an

18-20 educational program specifically designed to serve a single gender and

18-21 emphasize personal responsibility and rehabilitation; or

18-22 (c) Who are at risk.

18-23 If more eligible pupils apply for enrollment in such a charter school than

18-24 the number of spaces which are available, the charter school shall

18-25 determine which applicants to enroll on the basis of a lottery system.

18-26 Sec. 23. NRS 386.590 is hereby amended to read as follows:

18-27 386.590 1. [At least 75] Except as otherwise provided in this

18-43 subsection 2:

19-1 (a) Must provide instruction at a charter school only under the direction

19-2 of a licensed teacher. The licensed teacher must be responsible for all

19-3 instructional activities of the unlicensed teacher.

19-4 (b) May only be selected for employment based upon his qualifications,

19-5 as determined by the charter school.] shall employ:

19-6 (a) If the charter school offers instruction in kindergarten or grade 1,

19-7 2, 3, 4 or 5, a licensed teacher to teach pupils who are enrolled in those

19-8 grades.

19-9 (b) If the charter school offers instruction in grade 6, 7, 8, 9, 10, 11 or

19-10 12, a licensed teacher to teach pupils who are enrolled in those grades for

19-11 the following courses of study:

19-12 (1) English, including reading, composition and writing;

19-13 (2) Mathematics;

19-14 (3) Science; and

19-15 (4) Social studies, which includes only the subjects of history,

19-16 geography, economics and government.

19-17 (c) In addition to the requirements of paragraphs (a) and (b):

19-18 (1) If a charter school specializes in arts and humanities, physical

19-19 education or health education, a licensed teacher to teach those courses

19-20 of study.

19-21 (2) If a charter school specializes in the construction industry or

19-22 other building industry, licensed teachers to teach courses of study

19-23 relating to the industry if those teachers are employed full time.

19-24 (3) If a charter school specializes in the construction industry or

19-25 other building industry and the school offers courses of study in

19-26 computer education, technology or business, licensed teachers to teach

19-27 those courses of study if those teachers are employed full time.

19-28 3. A charter school may employ a person who is not licensed

19-29 pursuant to the provisions of chapter 391 of NRS to teach a course of

19-30 study for which a licensed teacher is not required pursuant to subsection

19-31 2 if the person has:

19-32 (a) A degree in the field for which he is employed to teach at the

19-33 charter school; or

19-34 (b) At least 2 years of experience in that field.

19-35 4. A charter school may employ such administrators for the school as it

19-36 deems necessary. A person employed as an administrator must possess:

19-37 (a) A master’s degree in school administration, public administration or

19-38 business administration; or

19-39 (b) If the person has at least 5 years of experience in administration, a

19-40 baccalaureate degree.

19-41 5. A charter school shall not employ a person pursuant to this section if

19-42 his license to teach or provide other educational services has been revoked

19-43 or suspended in this state or another state.

20-1 Sec. 24. NRS 386.595 is hereby amended to read as follows:

20-2 386.595 1. Except as otherwise provided in this subsection and

20-43 leave of absence to accept employment with the charter school. After the

21-1 first school year in which an employee is on a leave of absence, he may

21-2 return to his former teaching position with the board of trustees. After the

21-3 third school year, an employee who is on a leave of absence may submit a

21-4 written request to the board of trustees to return to a comparable teaching

21-5 position with the board of trustees. After the sixth school year, an employee

21-6 shall either submit a written request to return to a comparable teaching

21-7 position or resign from the position for which his leave was granted. The

21-8 board of trustees shall grant a written request to return to a comparable

21-9 position pursuant to this subsection even if the return of the employee

21-10 requires the board of trustees to reduce the existing work force of the

21-11 school district. The board of trustees may require that a request to return to

21-12 a teaching position submitted pursuant to this subsection be submitted at

21-13 least 90 days before the employee would otherwise be required to report to

21-14 duty.

21-15 [7.] 8. An employee who is on a leave of absence from a school

21-16 district pursuant to this section shall contribute to and be eligible for all

21-17 benefits for which he would otherwise be entitled, including, without

21-18 limitation, participation in the public employees’ retirement system and

21-19 accrual of time for the purposes of leave and retirement. The time during

21-20 which such an employee is on leave of absence and employed in a charter

21-21 school does not count toward the acquisition of permanent status with the

21-22 school district.

21-23 [8.] 9. Upon the return of a teacher to employment in the school

21-24 district, he is entitled to the same level of retirement, salary and any other

21-25 benefits to which he would otherwise be entitled if he had not taken a leave

21-26 of absence to teach in a charter school.

21-27 [9.] 10. An employee of a charter school who is not on a leave of

21-28 absence from a school district is eligible for all benefits for which he would

21-29 be eligible for employment in a public school, including, without limitation,

21-30 participation in the public employees’ retirement system.

21-31 [10.] 11. For all employees of a charter school:

21-32 (a) The compensation that a teacher or other school employee would

21-33 have received if he were employed by the school district must be used to

21-34 determine the appropriate levels of contribution required of the employee

21-35 and employer for purposes of the public employees’ retirement system.

21-36 (b) The compensation that is paid to a teacher or other school employee

21-37 that exceeds the compensation that he would have received if he were

21-38 employed by the school district must not be included for the purposes of

21-39 calculating future retirement benefits of the employee.

21-40 12. If the board of trustees of a school district in which a charter

21-41 school is located manages a plan of group insurance for its employees,

21-42 the governing body of the charter school may negotiate with the board of

21-43 trustees to participate in the same plan of group insurance that the board

22-1 of trustees offers to its employees. If the employees of the charter school

22-2 participate in the plan of group insurance managed by the board of

22-3 trustees, the governing body of the charter school shall:

22-4 (a) Ensure that the premiums for that insurance are paid to the board

22-5 of trustees; and

22-6 (b) Provide, upon the request of the board of trustees, all information

22-7 that is necessary for the board of trustees to provide the group insurance

22-8 to the employees of the charter school.

22-9 Sec. 25. NRS 386.605 is hereby amended to read as follows:

22-10 386.605 1. On or before April 15 of each year, the governing body of

22-43 pursuant to paragraph (a) to the:

23-1 (1) Governor;

23-2 (2) State board;

23-3 (3) Department;

23-4 (4) Legislative committee on education created pursuant to NRS

23-5 218.5352; and

23-6 (5) Legislative bureau of educational accountability and program

23-7 evaluation created pursuant to NRS 218.5356.

23-8 4. The department shall maintain a record of the information that it

23-9 receives from each charter school pursuant to this section in such a manner

23-10 as will allow the department to create for each charter school a yearly

23-11 profile of information.

23-12 5. The governing body of each charter school shall ensure that a copy

23-13 of the written report and written procedure required pursuant to paragraph

23-14 (a) of subsection 3 is included with the final budget of the charter school

23-15 adopted by the governing body pursuant to [NRS 354.598.] the

23-16 regulations of the department.

23-17 6. The legislative bureau of educational accountability and program

23-18 evaluation created pursuant to NRS 218.5356 may authorize a person or

23-19 entity with whom it contracts pursuant to NRS 385.359 to review and

23-20 analyze information submitted by charter schools pursuant to this section,

23-21 consult with the governing bodies of charter schools and submit written

23-22 reports concerning charter schools pursuant to NRS 385.359.

23-23 Sec. 26. NRS 387.123 is hereby amended to read as follows:

23-24 387.123 1. The count of pupils for apportionment purposes includes

23-42 included in paragraphs (e) and (f).

24-1 2. The state board shall establish uniform regulations for counting

24-2 enrollment and calculating the average daily attendance of pupils. In

24-3 establishing such regulations for the public schools, the state board:

24-4 (a) Shall divide the school year into 10 school months, each containing

24-5 20 or fewer school days.

24-6 (b) May divide the pupils in grades 1 to 12, inclusive, into categories

24-7 composed respectively of those enrolled in elementary schools and those

24-8 enrolled in secondary schools.

24-9 (c) Shall prohibit the counting of any pupil specified in subsection 1

24-10 more than once.

24-11 3. Except as otherwise provided in subsection 4 and NRS 388.700, the

24-12 state board shall establish by regulation the maximum pupil-teacher ratio in

24-13 each grade, and for each subject matter wherever different subjects are

24-14 taught in separate classes, for each school district of this state which is

24-15 consistent with:

24-16 (a) The maintenance of an acceptable standard of instruction;

24-17 (b) The conditions prevailing in the school district with respect to the

24-18 number and distribution of pupils in each grade; and

24-19 (c) Methods of instruction used, which may include
24-20 educational television, team teaching or new teaching systems or

24-21 techniques.

24-22 If the superintendent of public instruction finds that any school district is

24-23 maintaining one or more classes whose pupil-teacher ratio exceeds the

24-24 applicable maximum, and unless he finds that the board of trustees of the

24-25 school district has made every reasonable effort in good faith to comply

24-26 with the applicable standard, he shall, with the approval of the state board,

24-27 reduce the count of pupils for apportionment purposes by the percentage

24-28 which the number of pupils attending those classes is of the total number of

24-29 pupils in the district, and the state board may direct him to withhold the

24-30 quarterly apportionment entirely.

24-31 4. A charter school is not required to comply with the pupil-teacher

24-32 ratio prescribed by the state board pursuant to subsection 3.

24-33 Sec. 27. NRS 387.1233 is hereby amended to read as follows:

24-34 387.1233 1. Except as otherwise provided in subsection 2, basic

24-42 day of the first school month of the school district for the school year.

25-1 (2) The count of pupils enrolled in grades 1 to 12, inclusive, on the

25-2 last day of the first school month of the school district for the school year,

25-3 including, without limitation, the count of pupils who reside in the county

25-4 and are enrolled in any charter school [.] on the last day of the first school

25-5 month of the school district for the school year.

25-6 (3) The count of pupils not included under subparagraph (1) or (2)

25-7 who are receiving special education pursuant to the provisions of NRS

25-8 388.440 to 388.520, inclusive, on the last day of the first school month of

25-9 the school district for the school year, excluding the count of pupils who

25-10 have not attained the age of 5 years and who are receiving special

25-11 education pursuant to subsection 1 of NRS 388.490 on that day.

25-12 (4) Six-tenths the count of pupils who have not attained the age of 5

25-13 years and who are receiving special education pursuant to subsection 1 of

25-14 NRS 388.490 on the last day of the first school month of the school district

25-15 for the school year.

25-16 (5) The count of children detained in detention homes, alternative

25-17 programs and juvenile forestry camps receiving instruction pursuant to the

25-18 provisions of NRS 388.550, 388.560 and 388.570 on the last day of the

25-19 first school month of the school district for the school year.

25-20 (6) The count of pupils who are enrolled in classes for at least one

25-21 semester pursuant to subsection 4 of NRS 386.560 or subsection 3 of

25-22 NRS 392.070, expressed as a percentage of the total time services are

25-23 provided to those pupils per school day in proportion to the total time

25-24 services are provided during a school day to pupils who are counted

25-25 pursuant to subparagraph (2).

25-26 (b) Multiplying the number of special education program units

25-27 maintained and operated by the amount per program established for that

25-28 school year.

25-29 (c) Adding the amounts computed in paragraphs (a) and (b).

25-30 2. If the enrollment of pupils in a school district or a charter school

25-31 that is located within the school district on the last day of the first school

25-32 month of the school district for the school year [in a school district or a

25-33 charter school] is less than the enrollment of pupils in the same school

25-34 district or charter school on the last day of the first school month of the

25-35 school district for the immediately preceding school year, the larger

25-36 number must be used for purposes of apportioning money from the state

25-37 distributive school account to that school district or charter school pursuant

25-38 to NRS 387.124.

25-39 3. Pupils who are excused from attendance at examinations or have

25-40 completed their work in accordance with the rules of the board of trustees

25-41 must be credited with attendance during that period.

25-42 4. Pupils who are incarcerated in a facility or institution operated by

25-43 the department of prisons must not be counted for the purpose of

26-1 computing basic support pursuant to this section. The average daily

26-2 attendance for such pupils must be reported to the department of education.

26-3 5. Part-time pupils who are enrolled in courses which are approved by

26-4 the department as meeting the requirements for an adult to earn a high

26-5 school diploma must not be counted for the purpose of computing basic

26-6 support pursuant to this section. The average daily attendance for such

26-7 pupils must be reported to the department.

26-8 Sec. 28. NRS 387.124 is hereby amended to read as follows: