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:

2-5 8, inclusive, of this act.

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 (n), inclusive, of

3-29 subsection 2 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 shall consist of

4-19 at least three teachers, as defined in NRS 391.311, and may consist of,

4-20 without limitation, parents and representatives of nonprofit organizations

4-21 and businesses.

4-22 2. The governing body of a charter school is a public body. It is

4-23 hereby given such reasonable and necessary powers, not conflicting with

4-24 the constitution and the laws of the State of Nevada, as may be requisite

4-25 to attain the ends for which the charter school is established and to

4-26 promote the welfare of pupils who are enrolled in the charter school.

4-27 Sec. 6. 1. The governing body of a charter school shall designate a

4-28 person to draw all orders for the payment of money belonging to the

4-29 charter school. The orders must be listed on cumulative voucher sheets.

4-30 2. The governing body of a charter school shall prescribe the

4-31 procedures by which the orders must be approved and the cumulative

4-32 voucher sheets signed.

4-33 3. An order for the payment of money to a member of the governing

4-34 body of the charter school may only be drawn for salary, travel expenses,

4-35 subsistence allowances or for services rendered by the member.

4-36 4. An action may not be maintained against any governing body of a

4-37 charter school or the sponsor of a charter school to collect upon any bill

4-38 not presented for payment to the governing body within 6 months after

4-39 the bill was incurred.

4-40 Sec. 7. The governing body of a charter school shall adopt rules for

4-41 the academic retention of pupils who are enrolled in the charter school.

4-42 The rules must prescribe the conditions under which a pupil may be

5-1 retained in the same grade rather than promoted to the next higher grade

5-2 for the immediately succeeding school year.

5-3 Sec. 8. If a pupil has successfully completed equivalent courses at a

5-4 charter school, the pupil must be allowed to transfer the credit that he

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

5-6 next grade at any other public school or toward graduation from any

5-7 other public school.

5-8 Sec. 9. NRS 386.350 is hereby amended to read as follows:

5-9 386.350 Each board of trustees is hereby given such reasonable and

5-14 schools and classes deemed necessary and desirable.

5-15 Sec. 10. NRS 386.450 is hereby amended to read as follows:

5-16 386.450 The rules and regulations adopted by the association [shall]

5-18 parochial schools which may elect to join the association.

5-19 Sec. 11. NRS 386.460 is hereby amended to read as follows:

5-20 386.460 [Any] If a charter school, private school or parochial school

5-24 association.

5-25 Sec. 12. NRS 386.505 is hereby amended to read as follows:

5-26 386.505 [1. The legislature hereby declares that by authorizing the

5-42 interested in the system of public education in this state the opportunity to:

6-1 (1) Improve the learning of pupils and, by extension, improve the

6-2 system of public education;

6-3 (2) Increase the opportunities for learning and access to quality

6-4 education by pupils;

6-5 (3) Encourage the use of different and innovative teaching methods;

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

6-7 learning achieved by pupils who are enrolled in charter schools;

6-8 (5) Provide a more thorough and efficient system of accountability of

6-9 the results achieved in public education in this state; and

6-10 (6) Create new professional opportunities for teachers and other

6-11 educational personnel, including, without limitation, the opportunity to

6-12 increase the accessibility and responsibility of teachers and other

6-13 educational personnel for the program of learning offered.

6-14 2.] The legislature declares that by authorizing the formation of charter

6-15 schools it is not authorizing:

6-16 [(a)] 1. The establishment of a charter school as a justification to keep

6-17 open an existing public school that would otherwise be closed;

6-18 [(b)] 2. A means for providing financial assistance for private schools

6-19 or programs of home study; or

6-20 [(c)] 3. The formation of charter schools on the basis of a single race,

6-21 religion or ethnicity.

6-22 Sec. 12.5. NRS 386.510 is hereby amended to read as follows:

6-23 386.510 1. Except as otherwise provided in subsection 2:

6-33 opportunities for pupils who are at risk.

6-34 Sec. 13. NRS 386.520 is hereby amended to read as follows:

6-35 386.520 1. A committee to form a charter school must consist of at

6-43 Community College System of Nevada.

7-1 2. [A committee to form a charter school may not submit an

7-2 application to form a charter school that proposes to convert a private

7-3 school or a program of study at home into a charter school.] Before a

7-4 committee to form a charter school may submit an application to the board

7-5 of trustees of a school district, it must submit the application to the

7-6 department. The application must include all information prescribed by the

7-7 department by regulation and:

7-8 (a) A written description of how the charter school will carry out the

7-9 provisions of NRS 386.500 to 386.610, inclusive [.

7-10 (b) A written description of the educational programs that will be

7-11 offered by the charter school.

7-12 (c) A written description of the level and type of educational services

7-13 that will be provided to pupils who are at risk.

7-14 (d) The policy and criteria for admission to the charter school and the

7-15 justification for the policy and criteria.

7-16 (e) The standards of achievement for the charter school, including,

7-17 without limitation, the:

7-18 (1) Academic and other educational results that will be expected of

7-19 pupils who are enrolled in the charter school;

7-20 (2) Time by which such results will be achieved; and

7-21 (3) Procedure by which the results will be measured and assessed.

7-22 (f) An agreement to provide a written report at the end of each school

7-23 semester to the parents and legal guardians of pupils who are enrolled in

7-24 the charter school, the residents of the community, the sponsor of the

7-25 charter school and the state board. The written report must include the

7-26 progress of the charter school in meeting the standards of achievement set

7-27 forth in the application.

7-28 (g) The system of governance for the charter school.

7-29 (h) The system of organization and operation for the charter school.

7-30 (i) The policies, practices and programs of the charter school that will

7-31 ensure participation and involvement in the activities of the charter school

7-32 by parents and legal guardians of pupils who are enrolled in the charter

7-33 school.

7-34 (j) The policies and practices of employment by the charter school

7-35 applicable to the administrators and other employees of the charter school.

7-36 (k) The procedure for evaluation of the teachers and other employees of

7-37 the charter school, if different from the procedure prescribed in NRS

7-38 391.3125.

7-39 (l) The written rules of behavior required of pupils who are enrolled in

7-40 the charter school, including, without limitation, disciplinary policies and

7-41 procedures for the charter school.

7-42 (m) A written description of the location of the charter school and the

7-43 facilities and equipment available to the charter school. The description

8-1 must include the procedures that will be followed for the disposition of

8-2 facilities and equipment upon dissolution or nonrenewal of the charter.

8-3 (n) Guidelines for determining who is liable if the charter school is

8-4 dissolved or its application for renewal is not approved.

8-5 (o) Procedures for auditing the programs and finances of the charter

8-6 school.

8-7 (p) An agreement that the curriculum of the charter school will focus on

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

8-9 acquisition of identifiable academic and technical skills.

8-10 (q) An agreement that the pupils who are enrolled in the charter school

8-11 will be tested on a regular basis and that copies of the examinations with a

8-12 letter or numerical grade will be included in the report of progress of the

8-13 pupil provided to the parents or legal guardian of the pupil.

8-14 (r) An agreement that a pupil must achieve a specified level of

8-15 performance appropriate for his grade level before he is promoted to the

8-16 next grade.

8-17 4.] , and sections 3 to 8, inclusive, of this act.

8-18 (b) A written description of the mission and goals for the charter

8-19 school. A charter school must have as its stated purpose at least one of

8-20 the following goals:

8-21 (1) Improving the opportunities for pupils to learn;

8-22 (2) Encouraging the use of effective methods of teaching;

8-23 (3) Providing an accurate measurement of the educational

8-24 achievement of pupils;

8-25 (4) Establishing accountability of public schools;

8-26 (5) Providing a method for public schools to measure achievement

8-27 based upon the performance of the schools; or

8-28 (6) Creating new professional opportunities for teachers.

8-29 (c) The projected enrollment of pupils in the charter school.

8-30 (d) The proposed dates of enrollment for the charter school.

8-31 (e) The proposed system of governance for the charter school,

8-32 including, without limitation, the number of persons who will govern, the

8-33 method of selecting the persons who will govern and the term of office

8-34 for each person.

8-35 (f) The method by which disputes will be resolved between the

8-36 governing body of the charter school and the sponsor of the charter

8-37 school.

8-38 (g) The proposed curriculum for the charter school.

8-39 (h) The textbooks that will be used at the charter school.

8-40 (i) The qualifications of the persons who will provide instruction at

8-41 the charter school.

9-1 (j) Except as otherwise required by NRS 386.595, the process by which

9-2 the governing body of the charter school will negotiate employment

9-3 contracts with the employees of the charter school.

9-4 (k) A financial plan for the operation of the charter school. The plan

9-5 must include, without limitation, procedures for the audit of the

9-6 programs and finances of the charter school and guidelines for

9-7 determining the financial liability if the charter school is unsuccessful.

9-8 (l) A statement of whether the charter school will provide for the

9-9 transportation of pupils to and from the charter school. If the charter

9-10 school will provide transportation, the application must include the

9-11 proposed plan for the transportation of pupils. If the charter school will

9-12 not provide transportation, the application must include a statement that

9-13 the charter school will work with the parents and guardians of pupils

9-14 enrolled in the charter school to develop a plan for transportation to

9-15 ensure that pupils have access to transportation to and from the charter

9-16 school.

9-17 (m) The procedure for the evaluation of teachers of the charter

9-18 school, if different from the procedure prescribed in NRS 391.3125. If

9-19 the procedure is different from the procedure prescribed in NRS

9-20 391.3125, the procedure for the evaluation of teachers of the charter

9-21 school must provide the same level of protection and otherwise comply

9-22 with the standards for evaluation set forth in NRS 391.3125.

9-23 (n) The time by which certain academic or educational results will be

9-24 achieved.

9-25 3. The department shall review an application to form a charter school

9-26 to determine whether it is complete. The department shall provide written

9-27 notice to the applicant of its approval or denial of the application. If the

9-28 department denies an application, the department shall include in the

9-29 written notice the reason for the denial and the deficiencies in the

9-30 application. The applicant must be granted 30 days after receipt of the

9-31 written notice to correct any deficiencies identified in the written notice and

9-32 resubmit the application.

9-33 Sec. 14. NRS 386.525 is hereby amended to read as follows:

9-34 386.525 1. Upon approval of an application by the department, a

9-43 is] the application:

10-1 (a) Complies with NRS 386.500 to 386.610, inclusive, and sections 3

10-2 to 8, inclusive, of this act and the regulations applicable to charter

10-3 schools; and

10-4 (b) Is complete in accordance with the regulations of the department.

10-5 2. The department shall assist the board of trustees of a school

10-6 district in the review of an application. The board of trustees shall approve

10-7 an application if it [is complete.] satisfies the requirements of paragraphs

10-8 (a) and (b) of subsection 1. The board of trustees shall provide written

10-9 notice to the applicant of its approval or denial of the application.

10-10 3. If the board of trustees denies an application, it shall include in the

10-11 written notice the reasons for the denial and the deficiencies in the

10-12 application. The applicant must be granted 30 days after receipt of the

10-13 written notice to correct any deficiencies identified in the written notice and

10-14 resubmit the application.

10-15 [2. If an application is approved by the board of trustees, the board of

10-16 trustees and the applicant shall enter into a written agreement concerning

10-17 the methods and procedures for the board of trustees to monitor the

10-18 progress of the charter school. The written agreement must authorize the

10-19 board of trustees and the department to physically inspect the school at any

10-20 time. The contents of the application set forth in NRS 386.520 and the

10-21 written agreement entered into pursuant to this subsection shall be deemed

10-22 the written charter of the charter school. A written charter is for a term of 6

10-23 years unless the governing body of the charter school renews its initial

10-24 charter after 3 years of operation pursuant to subsection 2 of NRS 386.530.

10-25 3. If an application is approved by the board of trustees, the committee

10-26 to form a charter school that submitted the application shall be deemed the

10-27 governing body of the charter school.

10-28 4. Upon request of the governing body of a charter school and the

10-29 approval of the board of trustees of the school district that granted the

10-30 written charter, the written charter may be amended if such amendment will

10-31 grant to the charter school a greater ability to achieve its educational goals

10-32 and objectives. An amendment must not authorize an extension of the

10-33 duration of the term of the written charter.]

10-34 4. If the board of trustees denies an application after it has been

10-35 resubmitted pursuant to subsection 3, the applicant may submit a written

10-36 request to the subcommittee on charter schools created pursuant to

10-37 section 3 of this act, not more than 30 days after receipt of the written

10-38 notice of denial, to direct the board of trustees to reconsider the

10-39 application. The subcommittee shall consider requests for

10-40 reconsideration in the order in which they are received. If the

10-41 subcommittee receives such a request, it shall consider the request at its

10-42 next regularly scheduled meeting and ensure that notice of the meeting is

10-43 posted in accordance with chapter 241 of NRS. Not more than 30 days

11-1 after the meeting, the subcommittee shall provide written notice of its

11-2 determination to the applicant and to the board of trustees. If the

11-3 subcommittee denies the request for reconsideration, the applicant may,

11-4 not more than 30 days after the receipt of the written notice from the

11-5 subcommittee, appeal the determination to the district court of the county

11-6 in which the proposed charter school will be located.

11-7 5. If the subcommittee on charter schools grants a request to direct

11-8 reconsideration, the written notice to the board of trustees of the school

11-9 district that denied the application must include, without limitation,

11-10 instructions to the board of trustees concerning the reconsideration of

11-11 the application. Not more than 30 days after receipt of the written notice

11-12 from the subcommittee directing the reconsideration, the board of

11-13 trustees shall reconsider the application in accordance with the

11-14 instructions of the subcommittee, make a final determination on the

11-15 application and provide written notice of the determination to the

11-16 applicant. If, upon reconsideration of the application, the board of

11-17 trustees denies the application, the applicant may, not more than 30 days

11-18 after the receipt of the written notice from the board of trustees, appeal

11-19 the final determination to the district court of the county in which the

11-20 proposed charter school will be located.

11-21 Sec. 15. NRS 386.535 is hereby amended to read as follows:

11-22 386.535 1. The [board of trustees of a school district] sponsor of a

11-42 school or persons who are employed by the charter school from jeopardy,

12-1 or to prevent damage to or loss of the property of the school district or the

12-2 community in which the charter school is located.

12-3 2. At least 90 days before the sponsor intends to revoke a written

12-4 charter, the sponsor shall provide written notice to the governing body of

12-5 the charter school of its intention. The written notice must:

12-6 (a) Include a statement of the deficiencies or reasons upon which the

12-7 action of the sponsor is based; and

12-8 (b) Prescribe a period, not less than 30 days, during which the charter

12-9 school may correct the deficiencies.

12-10 If the charter school corrects the deficiencies to the satisfaction of the

12-11 sponsor within the time prescribed in paragraph (b), the sponsor shall

12-12 not revoke the written charter of the charter school.

12-13 Sec. 16. NRS 386.545 is hereby amended to read as follows:

12-14 386.545 The department and the board of trustees of a school district

12-30 without limitation, money available from the Federal Government.

12-31 Sec. 17. NRS 386.550 is hereby amended to read as follows:

12-32 386.550 A charter school shall:

12-43 required of other public schools located in the same school district as the

13-1 charter school is located. The governing body of a charter school may

13-2 submit a written request to the superintendent of public instruction for a

13-3 waiver from providing the days of instruction required by this subsection.

13-4 The superintendent of public instruction may grant such a request if the

13-5 governing body demonstrates to the satisfaction of the superintendent

13-6 that:

13-7 (a) Extenuating circumstances exist to justify the waiver; and

13-8 (b) The charter school will provide at least as many hours or minutes

13-9 of instruction as would be provided under a program consisting of 180

13-10 days.

13-11 7. Cooperate with the board of trustees of the school district in the

13-12 administration of the achievement and proficiency examinations

13-13 administered pursuant to NRS 389.015 and the examinations required

13-14 pursuant to section 11 of [this act] Senate Bill No. 466 of this session to

13-15 the pupils who are enrolled in the charter school.

13-16 8. Comply with applicable statutes and regulations governing the

13-17 achievement and proficiency of pupils in this state.

13-18 9. Provide at least the courses of instruction that are required of pupils

13-19 by statute or regulation for promotion to the next grade or graduation from

13-20 a public high school and require the pupils who are enrolled in the charter

13-21 school to take those courses of study. This subsection does not preclude a

13-22 charter school from offering, or requiring the pupils who are enrolled in the

13-23 charter school to take, other courses of study that are required by statute or

13-24 regulation.

13-25 10. [Provide instruction on acquired immune deficiency syndrome and

13-26 the human reproductive system, related to communicable diseases and

13-27 sexual responsibility in accordance with NRS 389.065.

13-28 11. Adhere to the same transportation policy that is in effect in the

13-29 [school district in which the charter school is located.

13-30 12.] Refrain from using public money to purchase real property or

13-31 buildings without the approval of the sponsor.

13-32 11. Hold harmless, indemnify and defend the sponsor of the charter

13-33 school against any claim or liability arising from an act or omission by

13-34 the governing body of the charter school or an employee or officer of the

13-35 charter school. An action at law may not be maintained against the

13-36 sponsor of a charter school for any cause of action for which the charter

13-37 school has obtained liability insurance.

13-38 12. Provide written notice to the parents or legal guardians of pupils

13-39 in grades 9 to 12, inclusive, who are enrolled in the charter school of

13-40 whether the charter school is accredited by the Commission on Schools

13-41 of the Northwest Association of Schools and Colleges.

13-42 13. Adopt a final budget in accordance with the regulations adopted by

13-43 the department. A charter school is not required to adopt a final budget

14-1 pursuant to NRS 354.598 or otherwise comply with the provisions of

14-2 chapter 354 of NRS.

14-3 Sec. 18. NRS 386.560 is hereby amended to read as follows:

14-4 386.560 1. [A] The governing body of a charter school may contract

14-33 provide transportation for the pupil to attend the class or activity.

14-34 5. Upon the request of a parent or legal guardian of a pupil who is

14-35 enrolled in a charter school, the board of trustees of the school district in

14-36 which the charter school is located shall authorize the pupil to participate

14-37 in sports at the public school that he would otherwise be required to

14-38 attend within the school district, or upon approval of the board of

14-39 trustees, any public school within the same zone of attendance as the

14-40 charter school if:

14-41 (a) Space is available for the pupil to participate; and

14-42 (b) The parent or legal guardian demonstrates to the satisfaction of

14-43 the board of trustees that the pupil is qualified to participate.

15-1 If the board of trustees of a school district authorizes a pupil to

15-2 participate in sports pursuant to this subsection, the board of trustees is

15-3 not required to provide transportation for the pupil to participate.

15-4 6. The board of trustees of a school district may revoke its approval

15-5 for a pupil to participate in a class, extracurricular activity or sports at a

15-6 public school pursuant to subsections 4 and 5 if the board of trustees or

15-7 the public school determines that the pupil has failed to comply with

15-8 applicable statutes, or applicable rules and regulations of the board of

15-9 trustees, the public school or an association for interscholastic activities.

15-10 If the board of trustees so revokes its approval, neither the board of

15-11 trustees nor the public school are liable for any damages relating to the

15-12 denial of services to the pupil.

15-13 Sec. 19. NRS 386.565 is hereby amended to read as follows:

15-14 386.565 The board of trustees of a school district [that approves the

15-22 regulation applicable to charter schools or its officers or employees.

15-23 Sec. 20. NRS 386.570 is hereby amended to read as follows:

15-24 386.570 1. [Pupils who are] Each pupil who is enrolled in a charter

15-43 must be revised on the last day of the first school month of the school

16-1 district in which the charter school is located for the school year, based

16-2 on the actual number of pupils who are enrolled in the charter school.

16-3 Pursuant to subsection 2 of NRS 387.124, the governing body of a

16-4 charter school may request that the apportionments made to the charter

16-5 school in its first year of operation be paid to the charter school 30 days

16-6 before the apportionments are otherwise required to be made.

16-7 4. The governing body of a charter school may solicit and accept

16-8 donations, money, grants, property, loans, personal services or other

16-9 assistance for purposes relating to education from members of the general

16-10 public, corporations or agencies. The governing body may comply with

16-11 applicable federal laws and regulations governing the provision of federal

16-12 grants for charter schools.

16-13 5. If a charter school uses money received from this state to purchase

16-14 real property, buildings, equipment or facilities, the governing body of

16-15 the charter school shall assign a security interest in the property,

16-16 buildings, equipment and facilities to the State of Nevada.

16-17 Sec. 21. NRS 386.575 is hereby amended to read as follows:

16-18 386.575 1. If a charter school files a voluntary petition of bankruptcy

16-25 lawful action necessary to recover the money.

16-26 2. If a charter school files a voluntary petition of bankruptcy or is

16-27 declared bankrupt during a school year, neither the State of Nevada nor

16-28 the sponsor of the charter school may be held liable for any claims

16-29 resulting from the bankruptcy.

16-30 Sec. 22. NRS 386.580 is hereby amended to read as follows:

16-31 386.580 1. [The policies for admission to a charter school must be

16-43 the racial composition of pupils who attend public schools in the zone in

17-1 which the charter school is located. If more pupils who are eligible for

17-2 enrollment apply for enrollment in the charter school than the number of

17-3 spaces which are available, the charter school shall determine which

17-4 applicants to enroll on the basis of a lottery system.

17-5 [3.] 2. Except as otherwise provided in subsection [5,] 4, a charter

17-6 school shall not accept applications for enrollment in the charter school or

17-7 otherwise discriminate based on the:

17-8 (a) Race;

17-9 (b) Gender;

17-10 (c) Religion;

17-11 (d) Ethnicity; or

17-12 (e) Disability,

17-13 of a pupil.

17-14 [4.] 3. If the governing body of a charter school determines that the

17-15 charter school is unable to provide an appropriate special education

17-16 program and related services for a particular disability of a pupil who is

17-17 enrolled in the charter school, the governing body may request that the

17-18 board of trustees of the school district of the county in which the pupil

17-19 resides transfer that pupil to an appropriate school.

17-20 [5.] 4. This section does not preclude the formation of a charter school

17-21 that is dedicated to provide educational services exclusively to pupils:

17-22 (a) With disabilities;

17-23 (b) Who pose such severe disciplinary problems that they warrant an

17-24 educational program specifically designed to serve a single gender and

17-25 emphasize personal responsibility and rehabilitation; or

17-26 (c) Who are at risk.

17-27 If more eligible pupils apply for enrollment in such a charter school than

17-28 the number of spaces which are available, the charter school shall

17-29 determine which applicants to enroll on the basis of a lottery system.

17-30 Sec. 23. NRS 386.590 is hereby amended to read as follows:

17-31 386.590 1. [At least 75] Except as otherwise provided in this

17-43 must:

18-1 (a) Possess a temporary license to teach during the time that he is

18-2 fulfilling the requirements for full licensure;

18-3 (b) Possess a baccalaureate degree or higher degree; or

18-4 (c) Have at least 8 years of experience in the field in which he is

18-5 employed and possess exemplary skills in that field.

18-6 3. A person who is employed pursuant to paragraph (b) or (c) of

18-7 subsection 2:

18-8 (a) Must provide instruction at a charter school only under the direction

18-9 of a licensed teacher. The licensed teacher must be responsible for all

18-10 instructional activities of the unlicensed teacher.

18-11 (b) May only be selected for employment based upon his qualifications,

18-12 as determined by the charter school.] shall employ:

18-13 (a) If the charter school offers instruction in kindergarten or grade 1,

18-14 2, 3, 4 or 5, a licensed teacher to teach pupils who are enrolled in those

18-15 grades.

18-16 (b) If the charter school offers instruction in grade 6, 7, 8, 9, 10, 11 or

18-17 12, a licensed teacher to teach pupils who are enrolled in those grades for

18-18 the following courses of study:

18-19 (1) English, including reading, composition and writing;

18-20 (2) Mathematics;

18-21 (3) Science; and

18-22 (4) Social studies, which includes only the subjects of history,

18-23 geography, economics and government.

18-24 (c) In addition to the requirements of paragraphs (a) and (b):

18-25 (1) If a charter school specializes in arts and humanities, physical

18-26 education or health education, a licensed teacher to teach those courses

18-27 of study.

18-28 (2) If a charter school specializes in the construction industry or

18-29 other building industry, licensed teachers to teach courses of study

18-30 relating to the industry if those teachers are employed full time.

18-31 (3) If a charter school specializes in the construction industry or

18-32 other building industry and the school offers courses of study in

18-33 computer education, technology or business, licensed teachers to teach

18-34 those courses of study if those teachers are employed full time.

18-35 3. A charter school may employ a person who is not licensed

18-36 pursuant to the provisions of chapter 391 of NRS to teach a course of

18-37 study for which a licensed teacher is not required pursuant to subsection

18-38 2 if the person has:

18-39 (a) A degree, a license or a certificate in the field for which he is

18-40 employed to teach at the charter school; and

18-41 (b) At least 2 years of experience in that field.

18-42 4. A charter school may employ such administrators for the school as it

18-43 deems necessary. A person employed as an administrator must possess:

19-1 (a) A master’s degree in school administration, public administration or

19-2 business administration; or

19-3 (b) If the person has at least 5 years of experience in administration, a

19-4 baccalaureate degree.

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

19-6 his license to teach or provide other educational services has been revoked

19-7 or suspended in this state or another state.

19-8 Sec. 24. NRS 386.595 is hereby amended to read as follows:

19-9 386.595 1. Except as otherwise provided in this subsection and

19-43 employees of a school.

20-1 [5.] 6. If the written charter of a charter school is revoked, the

20-2 employees of the charter school must be reassigned to employment within

20-3 the school district in accordance with the collective bargaining agreement.

20-4 [6.] 7. The board of trustees of a school district that is a sponsor of a

20-5 charter school shall grant a leave of absence, not to exceed 6 years, to any

20-6 employee who is employed by the board of trustees who requests such a

20-7 leave of absence to accept employment with the charter school. After the

20-8 first school year in which an employee is on a leave of absence, he may

20-9 return to his former teaching position with the board of trustees. After the

20-10 third school year, an employee who is on a leave of absence may submit a

20-11 written request to the board of trustees to return to a comparable teaching

20-12 position with the board of trustees. After the sixth school year, an employee

20-13 shall either submit a written request to return to a comparable teaching

20-14 position or resign from the position for which his leave was granted. The

20-15 board of trustees shall grant a written request to return to a comparable

20-16 position pursuant to this subsection even if the return of the employee

20-17 requires the board of trustees to reduce the existing work force of the

20-18 school district. The board of trustees may require that a request to return to

20-19 a teaching position submitted pursuant to this subsection be submitted at

20-20 least 90 days before the employee would otherwise be required to report to

20-21 duty.

20-22 [7.] 8. An employee who is on a leave of absence from a school

20-23 district pursuant to this section shall contribute to and be eligible for all

20-24 benefits for which he would otherwise be entitled, including, without

20-25 limitation, participation in the public employees’ retirement system and

20-26 accrual of time for the purposes of leave and retirement. The time during

20-27 which such an employee is on leave of absence and employed in a charter

20-28 school does not count toward the acquisition of permanent status with the

20-29 school district.

20-30 [8.] 9. Upon the return of a teacher to employment in the school

20-31 district, he is entitled to the same level of retirement, salary and any other

20-32 benefits to which he would otherwise be entitled if he had not taken a leave

20-33 of absence to teach in a charter school.

20-34 [9.] 10. An employee of a charter school who is not on a leave of

20-35 absence from a school district is eligible for all benefits for which he would

20-36 be eligible for employment in a public school, including, without limitation,

20-37 participation in the public employees’ retirement system.

20-38 [10.] 11. For all employees of a charter school:

20-39 (a) The compensation that a teacher or other school employee would

20-40 have received if he were employed by the school district must be used to

20-41 determine the appropriate levels of contribution required of the employee

20-42 and employer for purposes of the public employees’ retirement system.

21-1 (b) The compensation that is paid to a teacher or other school employee

21-2 that exceeds the compensation that he would have received if he were

21-3 employed by the school district must not be included for the purposes of

21-4 calculating future retirement benefits of the employee.

21-5 12. If the board of trustees of a school district in which a charter

21-6 school is located manages a plan of group insurance for its employees,

21-7 the governing body of the charter school may negotiate with the board of

21-8 trustees to participate in the same plan of group insurance that the board

21-9 of trustees offers to its employees. If the employees of the charter school

21-10 participate in the plan of group insurance managed by the board of

21-11 trustees, the governing body of the charter school shall:

21-12 (a) Ensure that the premiums for that insurance are paid to the board

21-13 of trustees; and

21-14 (b) Provide, upon the request of the board of trustees, all information

21-15 that is necessary for the board of trustees to provide the group insurance

21-16 to the employees of the charter school.

21-17 Sec. 25. NRS 386.605 is hereby amended to read as follows:

21-18 386.605 1. On or before April 15 of each year, the governing body of

21-42 report is based; and

22-1 (II) The identification of any problems or factors at the charter

22-2 school that are revealed by the review and analysis.

22-3 (2) A written procedure to improve the achievement of pupils who are

22-4 enrolled in the charter school, including, but not limited to, a description of

22-5 the efforts the governing body has made to correct any deficiencies

22-6 identified in the written report required pursuant to subparagraph (1). The

22-7 written procedure must describe sources of data that will be used by the

22-8 governing body to evaluate the effectiveness of the written procedure.

22-9 (b) Submit copies of the written report and written procedure required

22-10 pursuant to paragraph (a) to the:

22-11 (1) Governor;

22-12 (2) State board;

22-13 (3) Department;

22-14 (4) Legislative committee on education created pursuant to NRS

22-15 218.5352; and

22-16 (5) Legislative bureau of educational accountability and program

22-17 evaluation created pursuant to NRS 218.5356.

22-18 4. The department shall maintain a record of the information that it

22-19 receives from each charter school pursuant to this section in such a manner

22-20 as will allow the department to create for each charter school a yearly

22-21 profile of information.

22-22 5. The governing body of each charter school shall ensure that a copy

22-23 of the written report and written procedure required pursuant to paragraph

22-24 (a) of subsection 3 is included with the final budget of the charter school

22-25 adopted by the governing body of the charter school [.] pursuant to the

22-26 regulations of the department.

22-27 6. The legislative bureau of educational accountability and program

22-28 evaluation created pursuant to NRS 218.5356 may authorize a person or

22-29 entity with whom it contracts pursuant to NRS 385.359 to review and

22-30 analyze information submitted by charter schools pursuant to this section,

22-31 consult with the governing bodies of charter schools and submit written

22-32 reports concerning charter schools pursuant to NRS 385.359.

22-33 Sec. 26. NRS 387.123 is hereby amended to read as follows:

22-34 387.123 1. The count of pupils for apportionment purposes includes

22-42 inclusive.

23-1 (d) Children detained in detention homes, alternative programs and

23-2 juvenile forestry camps receiving instruction pursuant to the provisions of

23-3 NRS 388.550, 388.560 and 388.570.

23-4 (e) Pupils who are enrolled in classes pursuant to subsection 4 of NRS

23-5 386.560.

23-6 (f) Pupils who are enrolled in classes pursuant to subsection 3 of NRS

23-7 392.070.

23-8 (g) Part-time pupils enrolled in classes and taking courses necessary to

23-9 receive a high school diploma [.] , excluding those pupils who are

23-10 included in paragraphs (e) and (f).

23-11 2. The state board shall establish uniform regulations for counting

23-12 enrollment and calculating the average daily attendance of pupils. In

23-13 establishing such regulations for the public schools, the state board:

23-14 (a) Shall divide the school year into 10 school months, each containing

23-15 20 or fewer school days.

23-16 (b) May divide the pupils in grades 1 to 12, inclusive, into categories

23-17 composed respectively of those enrolled in elementary schools and those

23-18 enrolled in secondary schools.

23-19 (c) Shall prohibit the counting of any pupil specified in subsection 1

23-20 more than once.

23-21 3. Except as otherwise provided in subsection 4 and NRS 388.700, the

23-22 state board shall establish by regulation the maximum pupil-teacher ratio in

23-23 each grade, and for each subject matter wherever different subjects are

23-24 taught in separate classes, for each school district of this state which is

23-25 consistent with:

23-26 (a) The maintenance of an acceptable standard of instruction;

23-27 (b) The conditions prevailing in the school district with respect to the

23-28 number and distribution of pupils in each grade; and

23-29 (c) Methods of instruction used, which may include educational

23-30 television, team teaching or new teaching systems or techniques.

23-31 If the superintendent of public instruction finds that any school district is

23-32 maintaining one or more classes whose pupil-teacher ratio exceeds the

23-33 applicable maximum, and unless he finds that the board of trustees of the

23-34 school district has made every reasonable effort in good faith to comply

23-35 with the applicable standard, he shall, with the approval of the state board,

23-36 reduce the count of pupils for apportionment purposes by the percentage

23-37 which the number of pupils attending those classes is of the total number of

23-38 pupils in the district, and the state board may direct him to withhold the

23-39 quarterly apportionment entirely.

23-40 4. A charter school is not required to comply with the pupil-teacher

23-41 ratio prescribed by the state board pursuant to subsection 3.

24-1 Sec. 27. NRS 387.1233 is hereby amended to read as follows:

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

24-43 charter school] is less than the enrollment of pupils in the same school

25-1 district or charter school on the last day of the first school month of the

25-2 school district for the immediately preceding school year, the larger

25-3 number must be used for purposes of apportioning money from the state

25-4 distributive school account to that school district or charter school pursuant

25-5 to NRS 387.124.

25-6 3. Pupils who are excused from attendance at examinations or have

25-7 completed their work in accordance with the rules of the board of trustees

25-8 must be credited with attendance during that period.

25-9 4. Pupils who are incarcerated in a facility or institution operated by

25-10 the department of prisons must not be counted for the purpose of

25-11 computing basic support pursuant to this section. The average daily

25-12 attendance for such pupils must be reported to the department of education.

25-13 5. Part-time pupils who are enrolled in courses which are approved by

25-14 the department as meeting the requirements for an adult to earn a high

25-15 school diploma must not be counted for the purpose of computing basic

25-16 support pursuant to this section. The average daily attendance for such

25-17 pupils must be reported to the department.

25-18 Sec. 28. NRS 387.124 is hereby amended to read as follows:

25-19 387.124 Except as otherwise provided in NRS 387.528:

25-43 the apportionment is required to be made pursuant to subsection 1. Upon

26-1 receipt of such a request, the superintendent of public instruction may

26-2 make the apportionment 30 days before the apportionment is required to

26-3 be made. A charter school may receive all four apportionments in

26-4 advance in its first year of operation.

26-5 3. If the state controller finds that such an action is needed to maintain

26-6 the balance in the state general fund at a level sufficient to pay the other

26-7 appropriations from it, he may pay out the apportionments monthly, each

26-8 approximately one-twelfth of the yearly apportionment less any amount set

26-9 aside as a reserve. If such action is needed, the state controller shall submit

26-10 a report to the department of administration and the fiscal analysis division

26-11 of the legislative counsel bureau documenting reasons for the action.

26-12 Sec. 29. NRS 387.1243 is hereby amended to read as follows:

26-13 387.1243 1. The first apportionment based on an estimated number