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 386.505 is hereby amended to read as follows:

1-2 386.505 1. The legislature hereby declares that by authorizing the

1-15 eliminated.

2-1 (c) The intention of the legislature is to provide teachers and other

2-2 educational personnel, parents, legal guardians and other persons who are

2-3 interested in the system of public education in this state the opportunity to:

2-4 (1) Improve the learning of pupils and, by extension, improve the

2-5 system of public education;

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

2-7 education by pupils;

2-8 (3) Encourage the use of different and innovative teaching methods;

2-9 (4) Establish appropriate measures for and assessments of the learning

2-10 achieved by pupils who are enrolled in charter schools;

2-11 (5) Provide a more thorough and efficient system of accountability of

2-12 the results achieved in public education in this state; and

2-13 (6) Create new professional opportunities for teachers and other

2-14 educational personnel, including, without limitation, the opportunity to

2-15 increase the accessibility and responsibility of teachers and other

2-16 educational personnel for the program of learning offered.

2-17 2. The legislature declares that by authorizing the formation of charter

2-18 schools it is not authorizing:

2-19 (a) The establishment of a charter school as a justification to keep open

2-20 an existing public school that would otherwise be closed;

2-21 (b) A means for providing financial assistance for private schools [or] ;

2-22 (c) A means for providing financial assistance for programs of home

2-23 study [; or

2-24 (c)] , except for a charter school that offers independent study to pupils

2-25 who are enrolled in the charter school, including, without limitation, the

2-26 use of computer programs to provide instruction at home; or

2-27 (d) The formation of charter schools on the basis of a single race,

2-28 religion or ethnicity.

2-29 Sec. 2. NRS 386.520 is hereby amended to read as follows:

2-30 386.520 1. A committee to form a charter school must consist of at

2-41 prohibit a committee to form a charter school from submitting an

3-1 application that proposes to offer independent study to pupils who are

3-2 enrolled in the charter school, including, without limitation, the use of

3-3 computer programs to provide instruction at home.

3-4 3. Before a committee to form a charter school may submit an

3-5 application to the board of trustees of a school district, it must submit the

3-6 application to the department. The application must include all information

3-7 prescribed by the department by regulation and:

3-8 (a) A written description of how the charter school will carry out the

3-9 provisions of NRS 386.500 to 386.610, inclusive.

3-10 (b) A written description of the educational programs that will be

3-11 offered by the charter school.

3-12 (c) If the charter school proposes to offer independent study to pupils

3-13 who are enrolled in the charter school, including, without limitation, the

3-14 use of computer programs to provide instruction at home, a written

3-15 description of:

3-16 (1) The plan for independent study; and

3-17 (2) The method by which the charter school will comply with the

3-18 provisions of NRS 386.500 to 386.610, inclusive, and any other statute or

3-19 regulation applicable to charter schools.

3-20 (d) A written description of the level and type of educational services

3-21 that will be provided to pupils who are at risk.

3-22 [(d)] (e) The policy and criteria for admission to the charter school and

3-23 the justification for the policy and criteria.

3-24 [(e)] (f) The standards of achievement for the charter school, including,

3-25 without limitation, the:

3-26 (1) Academic and other educational results that will be expected of

3-27 pupils who are enrolled in the charter school;

3-28 (2) Time by which such results will be achieved; and

3-29 (3) Procedure by which the results will be measured and assessed.

3-30 [(f)] (g) An agreement to provide a written report at the end of each

3-31 school semester to the parents and legal guardians of pupils who are

3-32 enrolled in the charter school, the residents of the community, the sponsor

3-33 of the charter school and the state board. The written report must include

3-34 the progress of the charter school in meeting the standards of achievement

3-35 set forth in the application.

3-36 [(g)] (h) The system of governance for the charter school.

3-37 [(h)] (i) The system of organization and operation for the charter school.

3-38 [(i)] (j) The policies, practices and programs of the charter school that

3-39 will ensure participation and involvement in the activities of the charter

3-40 school by parents and legal guardians of pupils who are enrolled in the

3-41 charter school.

3-42 [(j)] (k) The policies and practices of employment by the charter school

3-43 applicable to the administrators and other employees of the charter school.

4-1 [(k)] (l) The procedure for evaluation of the teachers and other

4-2 employees of the charter school, if different from the procedure prescribed

4-3 in NRS 391.3125.

4-4 [(l)] (m) The written rules of behavior required of pupils who are

4-5 enrolled in the charter school, including, without limitation, disciplinary

4-6 policies and procedures for the charter school.

4-7 [(m)] (n) A written description of the location of the charter school and

4-8 the facilities and equipment available to the charter school. The description

4-9 must include the procedures that will be followed for the disposition of

4-10 facilities and equipment upon dissolution or nonrenewal of the charter.

4-11 [(n)] (o) Guidelines for determining who is liable if the charter school is

4-12 dissolved or its application for renewal is not approved.

4-13 [(o)] (p) Procedures for auditing the programs and finances of the

4-14 charter school.

4-15 [(p)] (q) An agreement that the curriculum of the charter school will

4-16 focus on the intellectual development of pupils, including, without

4-17 limitation, the acquisition of identifiable academic and technical skills.

4-18 [(q)] (r) An agreement that the pupils who are enrolled in the charter

4-19 school will be tested on a regular basis and that copies of the examinations

4-20 with a letter or numerical grade will be included in the report of progress of

4-21 the pupil provided to the parents or legal guardian of the pupil.

4-22 [(r)] (s) An agreement that a pupil must achieve a specified level of

4-23 performance appropriate for his grade level before he is promoted to the

4-24 next grade.

4-25 4. The department shall review an application to form a charter school

4-26 to determine whether it is complete. The department shall provide written

4-27 notice to the applicant of its approval or denial of the application. If the

4-28 department denies an application, the department shall include in the

4-29 written notice the reason for the denial and the deficiencies in the

4-30 application. The applicant must be granted 30 days after receipt of the

4-31 written notice to correct any deficiencies identified in the written notice and

4-32 resubmit the application.

4-33 Sec. 3. NRS 386.525 is hereby amended to read as follows:

4-34 386.525 1. Upon approval of an application by the department, a

4-43 or denial of the application. If the board of trustees denies an application, it

5-1 shall include in the written notice the reasons for the denial and the

5-2 deficiencies in the application. The applicant must be granted 30 days after

5-3 receipt of the written notice to correct any deficiencies identified in the

5-4 written notice and resubmit the application.

5-5 2. If an application is approved by the board of trustees, the board of

5-6 trustees and the applicant shall enter into a written agreement concerning

5-7 the methods and procedures for the board of trustees to monitor the

5-8 progress of the charter school. The written agreement must authorize the

5-9 board of trustees and the department to physically inspect the school at any

5-10 time. If the board of trustees of a school district approves an application

5-11 that proposes to offer independent study to pupils who are enrolled in the

5-12 charter school, including, without limitation, the use of computer

5-13 programs to provide instruction at home, the board of trustees shall

5-14 include in the written agreement any conditions for the operation of the

5-15 charter school that the board of trustees determines are necessary. The

5-16 contents of the application set forth in NRS 386.520 and the written

5-17 agreement entered into pursuant to this subsection shall be deemed the

5-18 written charter of the charter school. A written charter is for a term of 6

5-19 years unless the governing body of the charter school renews its initial

5-20 charter after 3 years of operation pursuant to subsection 2 of NRS 386.530.

5-21 3. If an application is approved by the board of trustees, the committee

5-22 to form a charter school that submitted the application shall be deemed the

5-23 governing body of the charter school.

5-24 4. Upon request of the governing body of a charter school and the

5-25 approval of the board of trustees of the school district that granted the

5-26 written charter, the written charter may be amended if such amendment will

5-27 grant to the charter school a greater ability to achieve its educational goals

5-28 and objectives. An amendment must not authorize an extension of the

5-29 duration of the term of the written charter.

5-30 Sec. 4. NRS 386.545 is hereby amended to read as follows:

5-31 386.545 The department and the board of trustees of a school district

5-43 school for the operation of the charter school.

6-1 Sec. 5. NRS 386.550 is hereby amended to read as follows:

6-2 386.550 A charter school shall:

6-39 the charter school has obtained liability insurance.

6-40 Sec. 6. NRS 386.560 is hereby amended to read as follows:

6-41 386.560 1. A charter school may contract with the board of trustees

6-42 of the school district in which the charter school is located to perform any

7-1 service relating to the operation of the charter school, including, without

7-2 limitation, transportation and the provision of health services for the pupils

7-3 who are enrolled in the charter school.

7-4 2. A charter school may use any public facility located within the

7-5 school district in which the charter school is located. A charter school may

7-6 use school buildings owned by the school district only upon approval of the

7-7 board of trustees of the school district and during times that are not regular

7-8 school hours.

7-9 3. The board of trustees of a school district may donate surplus

7-10 personal property of the school district to a charter school that is located

7-11 within the school district.

7-12 Sec. 7. NRS 386.595 is hereby amended to read as follows:

7-13 386.595 1. Except as otherwise provided in this subsection and

7-43 position with the board of trustees. After the sixth school year, an employee

8-1 shall either submit a written request to return to a comparable teaching

8-2 position or resign from the position for which his leave was granted. The

8-3 board of trustees shall grant a written request to return to a comparable

8-4 position pursuant to this subsection even if the return of the employee

8-5 requires the board of trustees to reduce the existing work force of the

8-6 school district. The board of trustees may require that a request to return to

8-7 a teaching position submitted pursuant to this subsection be submitted at

8-8 least 90 days before the employee would otherwise be required to report to

8-9 duty.

8-10 7. An employee who is on a leave of absence from a school district

8-11 pursuant to this section shall contribute to and be eligible for all benefits for

8-12 which he would otherwise be entitled, including, without limitation,

8-13 participation in the public employees’ retirement system and accrual of

8-14 time for the purposes of leave and retirement. The time during which such

8-15 an employee is on leave of absence and employed in a charter school does

8-16 not count toward the acquisition of permanent status with the school

8-17 district.

8-18 8. Upon the return of a teacher to employment in the school district, he

8-19 is entitled to the same level of retirement, salary and any other benefits to

8-20 which he would otherwise be entitled if he had not taken a leave of absence

8-21 to teach in a charter school.

8-22 9. An employee of a charter school who is not on a leave of absence

8-23 from a school district is eligible for all benefits for which he would be

8-24 eligible for employment in a public school, including, without limitation,

8-25 participation in the public employees’ retirement system.

8-26 10. For all employees of a charter school [:

8-27 (a) The] , the compensation that a teacher or other school employee

8-28 would have received if he were employed by the school district must be

8-29 used to determine the appropriate levels of contribution required of the

8-30 employee and employer for purposes of the public employees’ retirement

8-31 system.

8-32 [(b) The compensation that is paid to a teacher or other school employee

8-33 that exceeds the compensation that he would have received if he were

8-34 employed by the school district must not be included for the purposes of

8-35 calculating future retirement benefits of the employee.]

8-36 Sec. 8. NRS 389.155 is hereby amended to read as follows:

8-37 389.155 1. The state board shall, by regulation, establish a program

8-43 2. The regulations must require that:

9-1 (a) The teacher of the course assign to the pupil the work assignments

9-2 necessary to complete the course; and

9-3 (b) The pupil and teacher meet or otherwise communicate with each

9-4 other at least once each week during the course to discuss the pupil’s

9-5 progress.

9-6 3. The board of trustees in each school district may, in accordance with

9-7 the regulations adopted pursuant to subsections 1 and 2, provide for

9-8 independent study by pupils enrolled full time in high schools in its district.

9-9 A board of trustees that chooses to allow such study may provide that:

9-10 (a) The pupils participating in the independent study be given

9-11 instruction individually or in a group.

9-12 (b) The independent study be offered during the regular school day.

9-13 4. A charter school that offers independent study to pupils who are

9-14 enrolled in the charter school is not required to comply with the

9-15 regulations of the state board or any rule or regulation of the board of

9-16 trustees of the school district established pursuant to this section.

9-17 Sec. 9. NRS 286.520 is hereby amended to read as follows:

9-18 286.520 1. Except as otherwise provided in [subsections 4, 5 and 6]

9-42 governed by paragraph (a) [;] of subsection 1;

10-1 (b) Within 30 days after the first day of an employment or contract

10-2 governed by paragraph (b) [;] of subsection 1; and

10-3 (c) Within 10 days after a retired employee earns more than one-half of

10-4 the average salary for participating public employees who are not police

10-5 officers or firemen in any fiscal year from an employment or contract

10-6 governed by paragraph (b) [,] of subsection 1.

10-7 3. For the purposes of this section, the average salary for participating

10-8 public employees who are not police officers or firemen must be computed

10-9 on the basis of the most recent actuarial valuation of the system.

10-10 4. If a retired employee is chosen by election or appointment to fill an

10-11 elective public office, he is entitled to the same allowances as a retired

10-12 employee who has no employment, unless he is serving in the same office

10-13 in which he served and for which he received service credit as a member.

10-14 5. The system may waive for one period of 30 days or less a retired

10-15 employee’s disqualification under this section if the public employer

10-16 certifies in writing, in advance, that the retired employee is recalled to meet

10-17 an emergency and that no other qualified person is immediately available.

10-18 6. A person who accepts employment or an independent contract with

10-19 either house of the legislature or by the legislative counsel bureau is exempt

10-20 from the provisions of subsections 1 and 2 for the duration of that

10-21 employment or contract.

10-22 7. A retired employee who accepts employment with a charter school

10-23 as a teacher is exempt from the provisions of subsections 1 and 2 for the

10-24 duration of that employment if the majority of his years of service credit

10-25 were earned from employment as a teacher.

10-26 Sec. 10. NRS 332.185 is hereby amended to read as follows:

10-27 332.185 1. Except as otherwise provided in NRS 334.070 [,] and

10-42 public auction.

11-1 3. The provisions of this chapter do not apply to the purchase, sale,

11-2 lease or transfer of real property by the governing body.

11-3 Sec. 11. This act becomes effective on July 1, 1999.