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).

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

1-2 385.007 As used in this Title, unless the context otherwise requires:

1-12 4. "State board" means the state board of education.

2-1 Sec. 2. NRS 385.110 is hereby amended to read as follows:

2-2 385.110 1. Except as otherwise provided in subsections 2 and 3, the

2-13 required for promotion to the next grade or graduation from high school.]

2-14 Sec. 3. Chapter 386 of NRS is hereby amended by adding thereto the

2-15 provisions set forth as sections 4 to 10, inclusive, of this act.

2-16 Sec. 4. 1. The commission for charter schools consisting of five

2-17 members is hereby created. The governor shall appoint:

2-18 (a) Two members who represent private business and industry;

2-19 (b) Two members with experience and knowledge in the field of

2-20 education; and

2-21 (c) One member of the general public.

2-22 2. The governor shall select a chairman from among the members of

2-23 the commission.

2-24 3. After the initial terms, the members of the commission for charter

2-25 schools serve terms of 4 years. A vacancy in the membership of the

2-26 commission must be filled for the remainder of the unexpired term in the

2-27 same manner as the original appointment. A member may not serve

2-28 more than two consecutive full terms.

2-29 4. Each member of the commission for charter schools serves

2-30 without compensation, except that for each day or portion of a day

2-31 during which a member attends a meeting of the commission or is

2-32 otherwise engaged in the business of the commission, he is entitled to

2-33 receive the per diem allowance and travel expenses provided for state

2-34 officers and employees generally.

2-35 5. The commission for charter schools shall hold at least nine

2-36 meetings each year and may meet at other times by a call of the

2-37 chairman.

2-38 Sec. 5. The commission for charter schools shall:

2-39 1. Carry out the duties prescribed to the commission pursuant to

2-40 NRS 386.505 to 386.605, inclusive, and sections 4 to 10, inclusive, of this

2-41 act.

3-1 2. Exercise general supervision in accordance with NRS 386.505 to

3-2 386.605, inclusive, and sections 4 to 10, inclusive, of this act over the

3-3 charter schools that the commission sponsors.

3-4 Sec. 6. 1. Except as otherwise provided in subsection 3, if the

3-5 board of trustees of a school district or the commission for charter

3-6 schools approves an application to form a charter school, it shall grant a

3-7 written charter to the applicant. The entity that approves the application

3-8 shall be deemed the sponsor of the charter school. A written charter must

3-9 be for a term of 6 years unless the governing body of a charter school

3-10 renews its initial charter after 3 years of operation pursuant to subsection

3-11 2 of NRS 386.530. A written charter must include all conditions of

3-12 operation set forth in paragraphs (a) to (o), inclusive, of subsection 5 of

3-13 NRS 386.520. As a condition of the issuance of a written charter

3-14 pursuant to this subsection, the charter school must agree to comply with

3-15 all conditions of operation set forth in NRS 386.550.

3-16 2. The governing body of a charter school may submit to the sponsor

3-17 of the charter school a written request for an amendment of the written

3-18 charter of the charter school. If the proposed amendment complies with

3-19 the provisions of this section, NRS 386.505 to 386.605, inclusive, and

3-20 sections 4 to 10, inclusive, of this act and any other statute or regulation

3-21 applicable to charter schools, the sponsor shall amend the written charter

3-22 in accordance with the proposed amendment.

3-23 3. If the board of trustees of a school district or the commission for

3-24 charter schools is considering an application to form a charter school

3-25 and determines that the applicant is not yet eligible for the issuance of a

3-26 charter pursuant to subsection 1, it may, if applicable, hold the

3-27 application in abeyance and grant a conditional charter to the applicant

3-28 if the applicant:

3-29 (a) Has not obtained a building, equipment or personnel for the

3-30 charter school; and

3-31 (b) Submits proof satisfactory to the entity which is considering the

3-32 application that acceptance of the application is necessary to obtain the

3-33 building, equipment or personnel for the charter school.

3-34 An entity that grants a conditional charter pursuant to this subsection

3-35 shall provide written notice to the state board of its action.

3-36 4. A conditional charter expires 1 year after its issuance and is

3-37 nonrenewable. The holder of a conditional charter shall not operate a

3-38 charter school and is not eligible to receive any public school money for

3-39 the operation of a charter school. Before the expiration of a conditional

3-40 charter, the holder of the conditional charter may submit a supplemental

3-41 application and request the entity that granted the conditional charter to

3-42 determine whether the holder is eligible for the issuance of a charter

4-1 pursuant to subsection 1. The entity shall consider such a request as soon

4-2 as is practicable.

4-3 Sec. 7. 1. The governing body of a charter school may consist of,

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

4-5 organizations and businesses.

4-6 2. The governing body of a charter school is a public body. It is

4-7 hereby given such reasonable and necessary powers, not conflicting with

4-8 the constitution and the laws of the State of Nevada, as may be requisite

4-9 to attain the ends for which the charter school is established and to

4-10 promote the welfare of pupils who are enrolled in the charter school.

4-11 Sec. 8. 1. The governing body of a charter school shall designate a

4-12 person to draw all orders for the payment of money belonging to the

4-13 charter school. The orders must be listed on cumulative voucher sheets.

4-14 2. The governing body of a charter school shall prescribe the

4-15 procedures by which the orders must be approved and the cumulative

4-16 voucher sheets signed.

4-17 3. An order for the payment of money to a member of the governing

4-18 body of the charter school may only be drawn for salary, travel expenses,

4-19 subsistence allowances or for services rendered by the member.

4-20 4. An action may not be maintained against any governing body of a

4-21 charter school to collect upon any bill not presented for payment to the

4-22 governing body within 6 months after the bill was incurred.

4-23 Sec. 9. The governing body of a charter school shall adopt rules for

4-24 the academic retention of pupils who are enrolled in the charter school.

4-25 The rules must prescribe the conditions under which a pupil may be

4-26 retained in the same grade rather than promoted to the next higher grade

4-27 for the immediately succeeding school year.

4-28 Sec. 10. If a pupil has successfully completed equivalent courses at a

4-29 charter school, the pupil must be allowed to transfer the credit that he

4-30 received at the charter school as applicable toward advancement to the

4-31 next grade at any other public school or toward graduation from any

4-32 other public school.

4-33 Sec. 11. NRS 386.350 is hereby amended to read as follows:

4-34 386.350 Each board of trustees is hereby given such reasonable and

4-39 schools and classes deemed necessary and desirable.

4-40 Sec. 12. NRS 386.450 is hereby amended to read as follows:

4-41 386.450 The rules and regulations adopted by the association [shall]

4-43 parochial schools , which may elect to join the association.

5-1 Sec. 13. NRS 386.460 is hereby amended to read as follows:

5-2 386.460 [Any] If a charter school, private school or parochial school

5-6 association.

5-7 Sec. 14. NRS 386.505 is hereby amended to read as follows:

5-8 386.505 [1.] The legislature hereby declares that by authorizing the

5-43 programs of home study; or

6-1 (c) The] it is not authorizing the formation of charter schools on the

6-2 basis of a single race, religion or ethnicity.

6-3 Sec. 15. NRS 386.520 is hereby amended to read as follows:

6-4 386.520 1. A committee to form a charter school must consist of at

6-43 (3) Procedure by which the results will be measured and assessed.

7-1 (f) An agreement to provide a written report at the end of each school

7-2 semester to the parents and legal guardians of pupils who are enrolled in

7-3 the charter school, the residents of the community, the sponsor of the

7-4 charter school and the state board. The written report must include the

7-5 progress of the charter school in meeting the standards of achievement set

7-6 forth in the application.

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

7-8 (h) The system of organization and operation for the charter school.

7-9 (i) The policies, practices and programs of the charter school that will

7-10 ensure participation and involvement in the activities of the charter school

7-11 by parents and legal guardians of pupils who are enrolled in the charter

7-12 school.

7-13 (j) The policies and practices of employment by the charter school

7-14 applicable to the administrators and other employees of the charter school.

7-15 (k) The procedure for evaluation of the teachers and other employees of

7-16 the charter school, if different from the procedure prescribed in NRS

7-17 391.3125.

7-18 (l) The written rules of behavior required of pupils who are enrolled in

7-19 the charter school, including, without limitation, disciplinary policies and

7-20 procedures for the charter school.

7-21 (m) A written description of the location of the charter school and the

7-22 facilities and equipment available to the charter school. The description

7-23 must include the procedures that will be followed for the disposition of

7-24 facilities and equipment upon dissolution or nonrenewal of the charter.

7-25 (n) Guidelines for determining who is liable if the charter school is

7-26 dissolved or its application for renewal is not approved.

7-27 (o) Procedures for auditing the programs and finances of the charter

7-28 school.

7-29 (p) An agreement that the curriculum of the charter school will focus on

7-30 the intellectual development of pupils, including, without limitation, the

7-31 acquisition of identifiable academic and technical skills.

7-32 (q) An agreement that the pupils who are enrolled in the charter school

7-33 will be tested on a regular basis and that copies of the examinations with a

7-34 letter or numerical grade will be included in the report of progress of the

7-35 pupil provided to the parents or legal guardian of the pupil.

7-36 (r) An agreement that a pupil must achieve a specified level of

7-37 performance appropriate for his grade level before he is promoted to the

7-38 next grade.

7-39 4. The department shall review an application to form a charter school

7-40 to determine whether it is complete. The department shall provide written

7-41 notice to the applicant of its approval or denial of the application. If the

7-42 department denies an application, the department shall include in the

7-43 written notice the reason for the denial and the deficiencies in the

8-1 application. The applicant must be granted 30 days after receipt of the

8-2 written notice to correct any deficiencies identified in the written notice and

8-3 resubmit the application.] NRS 386.505 to 386.605, inclusive, and sections

8-4 4 to 10, inclusive, of this act.

8-5 (b) If the proposal for a charter school includes the conversion of an

8-6 existing public school:

8-7 (1) Evidence of support from the teachers who are employed full

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

8-9 (I) A petition signed by more than 50 percent of those teachers;

8-10 or

8-11 (II) The written results of an election, in which more than 50

8-12 percent of those teachers approved, by secret ballot or otherwise, the

8-13 proposed conversion; and

8-14 (2) Evidence of support from parents and legal guardians and the

8-15 community in which the proposed charter school will be located, at a

8-16 level deemed sufficient by the entity to whom the application was

8-17 submitted.

8-18 (c) If the proposal for a charter school includes the conversion of a

8-19 private school:

8-20 (1) Evidence of support from the teachers who are employed full

8-21 time at the private school that will be converted, demonstrated by:

8-22 (I) A petition signed by more than 50 percent of those teachers;

8-23 or

8-24 (II) The written results of an election, in which more than 50

8-25 percent of those teachers approved, by secret ballot or otherwise, the

8-26 proposed conversion; and

8-27 (2) Evidence of support from parents and legal guardians of pupils

8-28 who are enrolled in the private school, at a level deemed sufficient by the

8-29 entity to whom the application was submitted.

8-30 (d) If the proposed charter school does not include the conversion of

8-31 an existing public school or private school, evidence of support from

8-32 teachers, parents and the community in which the proposed charter

8-33 school will be located, at a level deemed sufficient by the entity to whom

8-34 the application was submitted.

8-35 (e) A written description of the mission and goals for the charter

8-36 school. A charter school must have as its stated purpose at least one of

8-37 the following goals:

8-38 (1) Improving the opportunities for pupils to learn;

8-39 (2) Encouraging the use of effective methods of teaching;

8-40 (3) Providing an accurate measurement of the educational

8-41 achievement of pupils;

8-42 (4) Establishing accountability of public schools;

9-1 (5) Providing a method for public schools to measure achievement

9-2 based upon the performance of the schools; or

9-3 (6) Creating new professional opportunities for teachers.

9-4 (f) The projected enrollment of pupils in the charter school.

9-5 (g) The proposed dates of enrollment for the charter school.

9-6 (h) The proposed system of governance for the charter school,

9-7 including, without limitation, the number of persons who will govern, the

9-8 method of selecting the persons who will govern and the term of office

9-9 for each person.

9-10 (i) The method by which disputes will be resolved between the

9-11 governing body of the charter school and the sponsor of the charter

9-12 school.

9-13 (j) The proposed curriculum for the charter school.

9-14 (k) The textbooks that will be used at the charter school.

9-15 (l) The qualifications of the persons who will provide instruction at

9-16 the charter school.

9-17 (m) The process by which the governing body of the charter school

9-18 will negotiate employment contracts with the employees of the charter

9-19 school.

9-20 (n) A financial plan for the operation of the charter school. The plan

9-21 must include, without limitation, procedures for the audit of the

9-22 programs and finances of the charter school and guidelines for

9-23 determining the financial liability if the charter school is unsuccessful.

9-24 (o) The proposed plan for the transportation of pupils to and from the

9-25 charter school.

9-26 Sec. 16. NRS 386.525 is hereby amended to read as follows:

9-27 386.525 1. [Upon approval of an application by the department, a

9-42 to charter schools.

10-1 (b) Ensure that a uniform system of public education will continue to

10-2 be offered throughout this state, including, without limitation, for

10-3 purposes of apportionment from the state distributive school account.

10-4 Not more than 10 days after the meeting, the board of trustees or the

10-5 commission for charter schools shall provide written notice to the

10-6 applicant of its approval or denial of the application.

10-7 2. If the board of trustees or the commission for charter schools

10-8 denies such an application, it shall include in the written notice the reasons

10-9 for the denial and the deficiencies in the application [. The applicant must

10-10 be granted] , including, without limitation, each provision of NRS

10-11 386.505 to 386.605, inclusive, and sections 4 to 10, inclusive, of this act

10-12 or any other statute with which the application does not comply. If the

10-13 board of trustees or the commission for charter schools denies such an

10-14 application, the applicant may, not later than 30 days after receipt of the

10-15 written notice [to correct any deficiencies identified in the written notice

10-16 and resubmit the application.

10-17 2.] of the denial, appeal the denial to the district court of the county in

10-18 which the proposed charter school will be located.

10-19 3. If the board of trustees approves such an application , [is approved

10-20 by the board of trustees, the board of trustees and the applicant shall enter

10-21 into a written agreement concerning the methods and procedures for the

10-22 board of trustees to monitor the progress of the charter school. The written

10-23 agreement must authorize the board of trustees and the department to

10-24 physically inspect the school at any time. The contents of the application

10-25 set forth in NRS 386.520 and the written agreement entered into pursuant

10-26 to this subsection shall be deemed the written charter of the charter school.

10-27 A written charter is for a term of 6 years unless the governing body of the

10-28 charter school renews its initial charter after 3 years of operation pursuant

10-29 to subsection 2 of NRS 386.530.

10-30 3. If an application is approved by the board of trustees, the committee

10-31 to form a charter school that submitted the application shall be deemed the

10-32 governing body of the charter school.

10-33 4. Upon request of the governing body of a charter school and the

10-34 approval of the board of trustees of the school district that granted the

10-35 written charter, the written charter may be amended if such amendment will

10-36 grant to the charter school a greater ability to achieve its educational goals

10-37 and objectives. An amendment must not authorize an extension of the

10-38 duration of the term of the written charter.] the board of trustees shall, not

10-39 more than 10 days after the approval, provide written notice to the state

10-40 board and to the commission for charter schools of its approval and the

10-41 date of the approval. If the commission for charter schools approves such

10-42 an application, the commission shall, not more than 10 days after the

11-1 approval, provide written notice to the state board of its approval and the

11-2 date of the approval.

11-3 Sec. 17. NRS 386.530 is hereby amended to read as follows:

11-4 386.530 1. Except as otherwise provided in subsection 2, an

11-37 renew the charter of the charter school.

11-38 Sec. 18. NRS 386.535 is hereby amended to read as follows:

11-39 386.535 1. The [board of trustees of a school district] sponsor of a

11-42 trustees] the sponsor determines that [the] :

12-1 (a) The charter school, its officers or its employees have failed to

12-2 comply with:

12-3 [1.] (1) The terms and conditions of the written charter [, including,

12-4 without limitation, the times by which certain academic or educational

12-5 results would be achieved;

12-6 2. Generally accepted standards of accounting and fiscal management;

12-7 or

12-8 3.] ; or

12-9 (2) The provisions of NRS [386.500 to 386.610,] 386.505 to 386.605,

12-10 inclusive, and sections 4 to 10, inclusive, of this act or any other statute or

12-11 regulation applicable to charter schools [.] ;

12-12 (b) The charter school has filed for a voluntary petition of bankruptcy,

12-13 is adjudicated bankrupt or insolvent, or is otherwise financially impaired

12-14 such that the charter school cannot continue to operate; or

12-15 (c) There is reasonable cause to believe that revocation is necessary to

12-16 protect the health and safety of the pupils who are enrolled in the charter

12-17 school or persons who are employed by the charter school from jeopardy,

12-18 or to prevent damage to or loss of the property of the school district or the

12-19 community in which the charter school is located.

12-20 2. At least 90 days before the sponsor intends to revoke a written

12-21 charter, the sponsor shall provide written notice to the governing body of

12-22 the charter school of its intention. The written notice must:

12-23 (a) Include a statement of the deficiencies or reasons upon which the

12-24 action of the sponsor is based; and

12-25 (b) Prescribe a period, not less than 30 days, during which the charter

12-26 school may correct the deficiencies.

12-27 If the charter school corrects the deficiencies to the satisfaction of the

12-28 sponsor within the time prescribed in paragraph (b), the sponsor shall

12-29 not revoke the written charter of the charter school.

12-30 Sec. 19. NRS 386.545 is hereby amended to read as follows:

12-31 386.545 The [department] commission for charter schools and the

12-42 10, inclusive, of this act;

13-1 5. Provide technical and other reasonable assistance to a charter school

13-2 for the operation of the charter school [.] ; and

13-3 6. Provide information to the governing body of a charter school

13-4 concerning the availability of money for the charter school, including,

13-5 without limitation, money available from the Federal Government.

13-6 Sec. 20. NRS 386.547 is hereby amended to read as follows:

13-7 386.547 1. The state board shall:

13-24 386.605, inclusive, and sections 4 to 10, inclusive, of this act.

13-25 Sec. 21. NRS 386.550 is hereby amended to read as follows:

13-26 386.550 1. A charter school shall:

13-42 charter school.

14-1 [8.] (h) Comply with applicable statutes and regulations governing the

14-2 achievement and proficiency of pupils in this state.

14-3 [9. Provide at least the courses of instruction that are required of pupils

14-4 by statute or regulation for promotion to the next grade or graduation from

14-5 a public high school and require the pupils who are enrolled in the charter

14-6 school to take those courses of study. This subsection does not preclude a

14-7 charter school from offering, or requiring the pupils who are enrolled in the

14-8 charter school to take, other courses of study that are required by statute or

14-9 regulation.

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

14-11 the human reproductive system, related to communicable diseases and

14-12 sexual responsibility in accordance with NRS 389.065.

14-13 11. Adhere to the same transportation policy that is in effect in the

14-14 school district in which the charter school is located.]

14-15 (i) Refrain from using public money to purchase real property or

14-16 buildings without the approval of the sponsor.

14-17 (j) Obtain liability insurance as may be required of other public

14-18 schools located in the same school district as the charter school is

14-19 located. An action at law may not be maintained against the sponsor of a

14-20 charter school for any cause of action for which the charter school has

14-21 obtained liability insurance.

14-22 (k) Provide written notice to the parents or legal guardians of pupils

14-23 in grades 9 to 12, inclusive, who are enrolled in the charter school of

14-24 whether the charter school is accredited by the Commission on Schools

14-25 of the Northwest Association of Schools and Colleges.

14-26 2. A charter school is not required to adopt a final budget pursuant

14-27 to NRS 354.598 or otherwise comply with the provisions of chapter 354

14-28 of NRS.

14-29 Sec. 22. NRS 386.560 is hereby amended to read as follows:

14-30 386.560 1. [A] The governing body of a charter school may contract

14-43 enrolled in a charter school, the board of trustees of the school district in

15-1 which the charter school is located shall authorize the pupil to participate

15-2 in a class or extracurricular activity, including, without limitation,

15-3 competitive sports and scholastic activities and events at a public school

15-4 within the school district if:

15-5 (a) The charter school is located within the zone of attendance of the

15-6 public school established pursuant to NRS 388.040;

15-7 (b) Space for the pupil in the class or extracurricular activity is

15-8 available; and

15-9 (c) The parent or legal guardian demonstrates to the satisfaction of

15-10 the board of trustees that the pupil is qualified to participate in the class

15-11 or extracurricular activity.

15-12 If the board of trustees of a school district authorizes a pupil to

15-13 participate in a class or extracurricular activity pursuant to this

15-14 subsection, the board of trustees is not required to provide transportation

15-15 for the pupil to attend the class or activity.

15-16 Sec. 23. NRS 386.565 is hereby amended to read as follows:

15-17 386.565 The board of trustees of a school district [that approves the

15-26 officers or employees.

15-27 Sec. 24. NRS 386.570 is hereby amended to read as follows:

15-28 386.570 1. [Pupils who are] Each pupil who is enrolled in a charter

15-43 the charter school must initially be determined 30 days before the

16-1 beginning of the school year [,] of the school district, based on the number

16-2 of pupils whose applications for enrollment have been approved by the

16-3 charter school. The count of pupils who are enrolled in the charter school

16-4 must be revised on the last day of the first school month of the school

16-5 district in which the charter school is located for the school year, based

16-6 on the actual number of pupils who are enrolled in the charter school.

16-7 Pursuant to subsection 2 of NRS 387.124, the governing body of a

16-8 charter school may request that the apportionments made to the charter

16-9 school in its first year of operation be paid to the charter school 30 days

16-10 before the apportionments are otherwise required to be made.

16-11 4. The governing body of a charter school may solicit and accept

16-12 donations, money, grants, property, loans, personal services or other

16-13 assistance for purposes relating to education from members of the general

16-14 public, corporations or agencies. The governing body may comply with

16-15 applicable federal laws and regulations governing the provision of federal

16-16 grants for charter schools.

16-17 5. If a charter school uses money received from this state to purchase

16-18 equipment or facilities, the governing body of the charter school shall

16-19 assign a security interest in the equipment and facilities to the State of

16-20 Nevada.

16-21 Sec. 25. NRS 386.580 is hereby amended to read as follows:

16-22 386.580 1. [The policies for admission to a charter school must be

16-43 (b) Gender;

17-1 (c) Religion;

17-2 (d) Ethnicity; or

17-3 (e) Disability,

17-4 of a pupil.

17-5 [4.] 3. If the governing body of a charter school determines that the

17-6 charter school is unable to provide an appropriate special education

17-7 program and related services for a particular disability of a pupil who is

17-8 enrolled in the charter school, the governing body may request that the

17-9 board of trustees of the school district of the county in which the pupil

17-10 resides transfer that pupil to an appropriate school.

17-11 [5.] 4. This section does not preclude the formation of a charter school

17-12 that is dedicated to provide educational services exclusively to pupils:

17-13 (a) With disabilities; or

17-14 (b) Who pose such severe disciplinary problems that they warrant an

17-15 educational program specifically designed to serve a single gender and

17-16 emphasize personal responsibility and rehabilitation . [; or

17-17 (c) Who are at risk.]

17-18 If more eligible pupils apply for enrollment in such a charter school than

17-19 the number of spaces which are available, the charter school shall

17-20 determine which applicants to enroll on the basis of a lottery system.

17-21 Sec. 26. NRS 386.590 is hereby amended to read as follows:

17-22 386.590 1. At least [75] 50 percent of the teachers who provide

17-43 grades.

18-1 (b) If the charter school offers instruction in grade 6, 7, 8, 9, 10, 11 or

18-2 12, a licensed teacher to teach pupils who are enrolled in those grades for

18-3 the following courses of study:

18-4 (1) English, including reading, composition and writing;

18-5 (2) Mathematics;

18-6 (3) Science; and

18-7 (4) Social studies.

18-8 (c) In addition to the requirements of paragraphs (a) and (b):

18-9 (1) If a charter school specializes in arts and humanities, physical

18-10 education or health education, a licensed teacher to teach those courses

18-11 of study.

18-12 (2) If a charter school specializes in the construction industry or

18-13 other building industry, licensed teachers to teach courses of study

18-14 relating to the industry if such teachers are employed full time.

18-15 (3) If a charter school specializes in the construction industry or

18-16 other building industry and the school offers courses of study in

18-17 computer education, technology or business, licensed teachers to teach

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

18-19 3. A charter school may employ a person who is not licensed

18-20 pursuant to the provisions of chapter 391 of NRS to teach a course of

18-21 study for which a licensed teacher is not required pursuant to subsection

18-22 2 if the person has:

18-23 (a) A degree in the field for which he is employed to teach at the

18-24 charter school; or

18-25 (b) At least 5 years of experience in that field.

18-26 4. A charter school may employ such administrators for the school as it

18-27 deems necessary. A person employed as an administrator must possess:

18-28 (a) A master’s degree in school administration, public administration or

18-29 business administration; or

18-30 (b) If the person has at least 5 years of experience in administration, a

18-31 baccalaureate degree.

18-32 5. A charter school shall not employ a person pursuant to this section if

18-33 his license to teach or provide other educational services has been revoked

18-34 or suspended in this state or another state.

18-35 6. As used in this section, "social studies" means history, geography,

18-36 economics and government.

18-37 Sec. 27. NRS 386.595 is hereby amended to read as follows:

18-38 386.595 1. [Except as otherwise provided in this subsection and

18-42 employees of the charter school. If a written charter is renewed, the

19-1 employees of the charter school may, at the time of renewal, apply for

19-2 recognition as a bargaining unit pursuant to NRS 288.160.

19-3 2. A teacher or a governing body of a charter school may request that

19-4 the board of trustees of the school district and other persons who entered

19-5 into the collective bargaining agreement grant a waiver from specific

19-6 provisions of the collective bargaining agreement for the teacher or

19-7 governing body.

19-8 3.] The process by which the governing body of a charter school must

19-9 negotiate employment contracts with persons who are employed by the

19-10 governing body must be in accordance with the process set forth in the

19-11 application submitted pursuant to paragraph (m) of subsection 5 of NRS

19-12 386.520. The salary of each person who is employed by a charter school

19-13 must be determined by the governing body of the charter school and the

19-14 employee. An employee of a charter school retains the right to bargain

19-15 collectively or to refrain from bargaining collectively pursuant to chapter

19-16 288 of NRS. Employees of a charter school may remain part of the

19-17 appropriate existing bargaining unit of a school district if the choice to

19-18 remain is specifically agreed upon by more than 50 percent of the

19-19 employees of the charter school and the governing body of the charter

19-20 school.

19-21 2. The salary of each person who is employed by a charter school,

19-22 the term of his employment and any other conditions of employment

19-23 agreed upon by the governing body of the charter school and the

19-24 employee must be embodied in a written contract between the governing

19-25 body and the employee.

19-26 3. If an employee of a charter school is on a leave of absence that is

19-27 legally authorized by the board of trustees of the school district in which

19-28 he is employed, he may be employed by a charter school without loss of

19-29 seniority in the school district for not more than 6 years. Such an

19-30 employee is not a member of the bargaining unit of the employees of the

19-31 school district unless otherwise specifically agreed to by the governing

19-32 body and the employee.

19-33 4. Each applicant for employment pursuant to this section must, as a

19-34 condition to employment, submit to the governing body of the charter

19-35 school a full set of his fingerprints and written permission authorizing

19-36 the governing body to forward the fingerprints to the Federal Bureau of

19-37 Investigation and the central repository for Nevada records of criminal

19-38 history for their reports on the criminal history of the applicant.

19-39 5. All employees of a charter school shall be deemed public

19-40 employees.

19-41 [4. The governing body of a charter school may make all employment

19-42 decisions with regard to its employees pursuant to NRS 391.311 to

19-43 391.3197, inclusive, unless the applicable collective bargaining agreement

20-1 contains separate provisions relating to the discipline of licensed employees

20-2 of a school.

20-3 5. If the written charter of a charter school is revoked, the employees of

20-4 the charter school must be reassigned to employment within the school

20-5 district in accordance with the collective bargaining agreement.

20-6 6. The board of trustees of a school district that is a sponsor of a

20-7 charter school shall grant a leave of absence, not to exceed 6 years, to any

20-8 employee who is employed by the board of trustees who requests such a

20-9 leave of absence to accept employment with the charter school. After the

20-10 first school year in which an employee is on a leave of absence, he may

20-11 return to his former teaching position with the board of trustees. After the

20-12 third school year, an employee who is on a leave of absence may submit a

20-13 written request to the board of trustees to return to a comparable teaching

20-14 position with the board of trustees. After the sixth school year, an employee

20-15 shall either submit a written request to return to a comparable teaching

20-16 position or resign from the position for which his leave was granted. The

20-17 board of trustees shall grant a written request to return to a comparable

20-18 position pursuant to this subsection even if the return of the employee

20-19 requires the board of trustees to reduce the existing work force of the

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

20-21 a teaching position submitted pursuant to this subsection be submitted at

20-22 least 90 days before the employee would otherwise be required to report to

20-23 duty.

20-24 7.] 6. An employee who is on a leave of absence from a school district

20-25 pursuant to this section shall contribute to and be eligible for all benefits for

20-26 which he would otherwise be entitled, including, without limitation,

20-27 participation in the public employees’ retirement system and accrual of

20-28 time for the purposes of leave and retirement. The time during which such

20-29 an employee is on leave of absence and employed in a charter school does

20-30 not count toward the acquisition of permanent status with the school

20-31 district.

20-32 [8.] 7. Upon the return of a teacher to employment in the school

20-33 district, he is entitled to the same level of retirement, salary and any other

20-34 benefits to which he would otherwise be entitled if he had not taken a leave

20-35 of absence to teach in a charter school.

20-36 [9.] 8. An employee of a charter school who is not on a leave of

20-37 absence from a school district is eligible for all benefits for which he would

20-38 be eligible for employment in a public school, including, without limitation,

20-39 participation in the public employees’ retirement system.

20-40 [10. For all employees of a charter school:

20-41 (a) The compensation that a teacher or other school employee would

20-42 have received if he were employed by the school district must be used to

21-1 determine the appropriate levels of contribution required of the employee

21-2 and employer for purposes of the public employees’ retirement system.

21-3 (b) The compensation that is paid to a teacher or other school employee

21-4 that exceeds the compensation that he would have received if he were

21-5 employed by the school district must not be included for the purposes of

21-6 calculating future retirement benefits of the employee.]

21-7 9. Upon the request of the governing body of a charter school, the

21-8 board of trustees of the school district in which the charter school is

21-9 located shall offer the same group insurance to the employees of the

21-10 charter school that the board of trustees offers to its employees if the

21-11 governing body of the charter school:

21-12 (a) Ensures that the premiums for such insurance are paid to the

21-13 board of trustees; and

21-14 (b) Provides, 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. 28. 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

21-43 school that are revealed by the review and analysis.

22-1 (2) A written procedure to improve the achievement of pupils who are

22-2 enrolled in the charter school, including, but not limited to, a description of

22-3 the efforts the governing body has made to correct any deficiencies

22-4 identified in the written report required pursuant to subparagraph (1). The

22-5 written procedure must describe sources of data that will be used by the

22-6 governing body to evaluate the effectiveness of the written procedure.

22-7 (b) Submit copies of the written report and written procedure required

22-8 pursuant to paragraph (a) to the:

22-9 (1) Governor;

22-10 (2) State board;

22-11 (3) Department;

22-12 (4) Legislative committee on education created pursuant to NRS

22-13 218.5352; and

22-14 (5) Legislative bureau of educational accountability and program

22-15 evaluation created pursuant to NRS 218.5356.

22-16 4. The department shall maintain a record of the information that it

22-17 receives from each charter school pursuant to this section in such a manner

22-18 as will allow the department to create for each charter school a yearly

22-19 profile of information.

22-20 5. [The governing body of each charter school shall ensure that a copy

22-21 of the written report and written procedure required pursuant to paragraph

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

22-23 adopted pursuant to NRS 354.598.

22-24 6.] The legislative bureau of educational accountability and program

22-25 evaluation created pursuant to NRS 218.5356 may authorize a person or

22-26 entity with whom it contracts pursuant to NRS 385.359 to review and

22-27 analyze information submitted by charter schools pursuant to this section,

22-28 consult with the governing bodies of charter schools and submit written

22-29 reports concerning charter schools pursuant to NRS 385.359.

22-30 Sec. 29. NRS 387.1233 is hereby amended to read as follows:

22-31 387.1233 1. Except as otherwise provided in subsection 2, basic

22-42 including, without limitation, the count of pupils who reside in the county

23-1 and are enrolled in any charter school [.] on the last day of the first school

23-2 month of the school district for the school year.

23-3 (3) The count of pupils not included under subparagraph (1) or (2)

23-4 who are receiving special education pursuant to the provisions of NRS

23-5 388.440 to 388.520, inclusive, on the last day of the first school month of

23-6 the school district for the school year, excluding the count of pupils who

23-7 have not attained the age of 5 years and who are receiving special

23-8 education pursuant to subsection 1 of NRS 388.490 on that day.

23-9 (4) Six-tenths the count of pupils who have not attained the age of 5

23-10 years and who are receiving special education pursuant to subsection 1 of

23-11 NRS 388.490 on the last day of the first school month of the school district

23-12 for the school year.

23-13 (5) The count of children detained in detention homes, alternative

23-14 programs and juvenile forestry camps receiving instruction pursuant to the

23-15 provisions of NRS 388.550, 388.560 and 388.570 on the last day of the

23-16 first school month of the school district for the school year.

23-17 (b) Multiplying the number of special education program units

23-18 maintained and operated by the amount per program established for that

23-19 school year.

23-20 (c) Adding the amounts computed in paragraphs (a) and (b).

23-21 2. If the enrollment of pupils in a school district or a charter school

23-22 that is located within the school district on the last day of the first school

23-23 month of the school district for the school year [in a school district or a

23-24 charter school] is less than the enrollment of pupils in the same school

23-25 district or charter school on the last day of the first school month of the

23-26 school district for the immediately preceding school year, the larger

23-27 number must be used for purposes of apportioning money from the state

23-28 distributive school account to that school district or charter school pursuant

23-29 to NRS 387.124.

23-30 3. Pupils who are excused from attendance at examinations or have

23-31 completed their work in accordance with the rules of the board of trustees

23-32 must be credited with attendance during that period.

23-33 4. Pupils who are incarcerated in a facility or institution operated by

23-34 the department of prisons must not be counted for the purpose of

23-35 computing basic support pursuant to this section. The average daily

23-36 attendance for such pupils must be reported to the department of education.

23-37 5. Part-time pupils who are enrolled in courses which are approved by

23-38 the department as meeting the requirements for an adult to earn a high

23-39 school diploma must not be counted for the purpose of computing basic

23-40 support pursuant to this section. The average daily attendance for such

23-41 pupils must be reported to the department.

24-1 Sec. 30. NRS 387.124 is hereby amended to read as follows:

24-2 387.124 Except as otherwise provided in NRS 387.528: