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

1-12 may be measured and analyzed; and

2-1 (4) A procedure by which the positive results achieved by charter

2-2 schools may be replicated and the negative results may be identified and

2-3 eliminated.

2-4 (c) The intention of the legislature is to provide teachers and other

2-5 educational personnel, parents, legal guardians and other persons who are

2-6 interested in the system of public education in this state the opportunity to:

2-7 (1) Improve the learning of pupils and, by extension, improve the

2-8 system of public education;

2-9 (2) Increase the opportunities for learning and access to quality

2-10 education by pupils;

2-11 (3) Encourage the use of different and innovative teaching methods;

2-12 (4) Establish appropriate measures for and assessments of the learning

2-13 achieved by pupils who are enrolled in charter schools;

2-14 (5) Provide a more thorough and efficient system of accountability of

2-15 the results achieved in public education in this state; and

2-16 (6) Create new professional opportunities for teachers and other

2-17 educational personnel, including, without limitation, the opportunity to

2-18 increase the accessibility and responsibility of teachers and other

2-19 educational personnel for the program of learning offered.

2-20 2. The legislature declares that by authorizing the formation of charter

2-21 schools it is not authorizing:

2-22 (a) The establishment of a charter school as a justification to keep open

2-23 an existing public school that would otherwise be closed;

2-24 (b) A means for providing financial assistance for private schools [or] ;

2-25 (c) A means for providing financial assistance for programs of home

2-26 study [; or

2-27 (c)] , except for a charter school that offers independent study to pupils

2-28 who are enrolled in the charter school, including, without limitation, the

2-29 use of computer programs to provide instruction at home; or

2-30 (d) The formation of charter schools on the basis of a single race,

2-31 religion or ethnicity.

2-32 Sec. 2. NRS 386.520 is hereby amended to read as follows:

2-33 386.520 1. A committee to form a charter school must consist of at

2-43 program of study at home into a charter school. This subsection does not

3-1 prohibit a committee to form a charter school from submitting an

3-2 application that proposes to offer independent study to pupils who are

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

3-4 computer programs to provide instruction at home.

3-5 3. Before a committee to form a charter school may submit an

3-6 application to the board of trustees of a school district, it must submit the

3-7 application to the department. The application must include all information

3-8 prescribed by the department by regulation and:

3-9 (a) A written description of how the charter school will carry out the

3-10 provisions of NRS 386.500 to 386.610, inclusive.

3-11 (b) A written description of the educational programs that will be

3-12 offered by the charter school.

3-13 (c) If the charter school proposes to offer independent study to pupils

3-14 who are enrolled in the charter school, including, without limitation, the

3-15 use of computer programs to provide instruction at home, a written

3-16 description of:

3-17 (1) The plan for independent study; and

3-18 (2) The method by which the charter school will comply with the

3-19 provisions of NRS 386.500 to 386.610, inclusive, and any other statute or

3-20 regulation applicable to charter schools.

3-21 (d) A written description of the level and type of educational services

3-22 that will be provided to pupils who are at risk.

3-23 [(d)] (e) The policy and criteria for admission to the charter school and

3-24 the justification for the policy and criteria.

3-25 [(e)] (f) The standards of achievement for the charter school, including,

3-26 without limitation, the:

3-27 (1) Academic and other educational results that will be expected of

3-28 pupils who are enrolled in the charter school;

3-29 (2) Time by which such results will be achieved; and

3-30 (3) Procedure by which the results will be measured and assessed.

3-31 [(f)] (g) An agreement to provide a written report at the end of each

3-32 school semester to the parents and legal guardians of pupils who are

3-33 enrolled in the charter school, the residents of the community, the sponsor

3-34 of the charter school and the state board. The written report must include

3-35 the progress of the charter school in meeting the standards of achievement

3-36 set forth in the application.

3-37 [(g)] (h) The system of governance for the charter school.

3-38 [(h)] (i) The system of organization and operation for the charter school.

3-39 [(i)] (j) The policies, practices and programs of the charter school that

3-40 will ensure participation and involvement in the activities of the charter

3-41 school by parents and legal guardians of pupils who are enrolled in the

3-42 charter school.

4-1 [(j)] (k) The policies and practices of employment by the charter school

4-2 applicable to the administrators and other employees of the charter school.

4-3 [(k)] (l) The procedure for evaluation of the teachers and other

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

4-5 in NRS 391.3125.

4-6 [(l)] (m) The written rules of behavior required of pupils who are

4-7 enrolled in the charter school, including, without limitation, disciplinary

4-8 policies and procedures for the charter school.

4-9 [(m)] (n) A written description of the location of the charter school and

4-10 the facilities and equipment available to the charter school. The description

4-11 must include the procedures that will be followed for the disposition of

4-12 facilities and equipment upon dissolution or nonrenewal of the charter.

4-13 [(n)] (o) Guidelines for determining who is liable if the charter school is

4-14 dissolved or its application for renewal is not approved.

4-15 [(o)] (p) Procedures for auditing the programs and finances of the

4-16 charter school.

4-17 [(p)] (q) An agreement that the curriculum of the charter school will

4-18 focus on the intellectual development of pupils, including, without

4-19 limitation, the acquisition of identifiable academic and technical skills.

4-20 [(q)] (r) An agreement that the pupils who are enrolled in the charter

4-21 school will be tested on a regular basis and that copies of the examinations

4-22 with a letter or numerical grade will be included in the report of progress of

4-23 the pupil provided to the parents or legal guardian of the pupil.

4-24 [(r)] (s) An agreement that a pupil must achieve a specified level of

4-25 performance appropriate for his grade level before he is promoted to the

4-26 next grade.

4-27 4. The department shall review an application to form a charter school

4-28 to determine whether it is complete. The department shall provide written

4-29 notice to the applicant of its approval or denial of the application. If the

4-30 department denies an application, the department shall include in the

4-31 written notice the reason for the denial and the deficiencies in the

4-32 application. The applicant must be granted 30 days after receipt of the

4-33 written notice to correct any deficiencies identified in the written notice and

4-34 resubmit the application.

4-35 Sec. 3. NRS 386.525 is hereby amended to read as follows:

4-36 386.525 1. Upon approval of an application by the department, a

4-43 The board of trustees shall approve an application if it is complete. The

5-1 board of trustees shall provide written notice to the applicant of its approval

5-2 or denial of the application. If the board of trustees denies an application, it

5-3 shall include in the written notice the reasons for the denial and the

5-4 deficiencies in the application. The applicant must be granted 30 days after

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

5-6 written notice and resubmit the application.

5-7 2. If the board of trustees denies an application after it has been

5-8 resubmitted pursuant to subsection 1, the applicant may submit a written

5-9 request to the state board, not more than 30 days after receipt of the

5-10 written notice of denial, to direct the board of trustees to reconsider the

5-11 application. The state board shall consider requests for reconsideration

5-12 in the order in which they are received. If the state board receives such a

5-13 request, it shall consider the request at its next regularly scheduled

5-14 meeting and ensure that notice of the meeting is posted in accordance

5-15 with chapter 241 of NRS. Not more than 30 days after the meeting, the

5-16 state board shall provide written notice of the determination to the

5-17 applicant and to the board of trustees.

5-18 3. If the state board grants a request to direct reconsideration, the

5-19 written notice to the board of trustees of the school district who denied

5-20 the application must include, without limitation, instructions to the board

5-21 of trustees concerning the reconsideration of the application. Not more

5-22 than 30 days after receipt of the written notice from the state board

5-23 directing the reconsideration, the board of trustees shall reconsider the

5-24 application in accordance with the instructions of the state board, make a

5-25 final determination on the application and provide written notice of the

5-26 determination to the applicant. If, upon reconsideration of the

5-27 application, the board of trustees denies the application, the applicant

5-28 may, not more than 30 days after the receipt of the written notice from

5-29 the board of trustees, appeal the final determination to the district court

5-30 of the county in which the proposed charter school will be located.

5-31 4. If an application is approved by the board of trustees, the board of

5-32 trustees and the applicant shall enter into a written agreement concerning

5-33 the methods and procedures for the board of trustees to monitor the

5-34 progress of the charter school. The written agreement must authorize the

5-35 board of trustees and the department to physically inspect the school at any

5-36 time. If the board of trustees of a school district approves an application

5-37 that proposes to offer independent study to pupils who are enrolled in the

5-38 charter school, including, without limitation, the use of computer

5-39 programs to provide instruction at home, the board of trustees shall

5-40 include in the written agreement any conditions for the operation of the

5-41 charter school that the board of trustees determines are necessary. The

5-42 contents of the application set forth in NRS 386.520 and the written

5-43 agreement entered into pursuant to this subsection shall be deemed the

6-1 written charter of the charter school. A written charter is for a term of 6

6-2 years unless the governing body of the charter school renews its initial

6-3 charter after 3 years of operation pursuant to subsection 2 of NRS 386.530.

6-4 [3.] 5. If an application is approved by the board of trustees, the

6-5 committee to form a charter school that submitted the application shall be

6-6 deemed the governing body of the charter school.

6-7 [4.] 6. Upon request of the governing body of a charter school and the

6-8 approval of the board of trustees of the school district that granted the

6-9 written charter, the written charter may be amended if such amendment will

6-10 grant to the charter school a greater ability to achieve its educational goals

6-11 and objectives. An amendment must not authorize an extension of the

6-12 duration of the term of the written charter.

6-13 Sec. 4. NRS 386.545 is hereby amended to read as follows:

6-14 386.545 The department and the board of trustees of a school district

6-26 school for the operation of the charter school.

6-27 Sec. 5. NRS 386.550 is hereby amended to read as follows:

6-28 386.550 A charter school shall:

6-43 The superintendent of public instruction may grant such a request if the

7-1 governing body demonstrates to the satisfaction of the superintendent

7-2 that:

7-3 (a) Extenuating circumstances exist to justify the waiver; and

7-4 (b) The charter school will provide at least as many hours or minutes

7-5 of instruction as would be provided under a program consisting of 180

7-6 days.

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

7-8 administration of the achievement and proficiency examinations

7-9 administered pursuant to NRS 389.015 to the pupils who are enrolled in the

7-10 charter school.

7-11 8. Comply with applicable statutes and regulations governing the

7-12 achievement and proficiency of pupils in this state.

7-13 9. Provide at least the courses of instruction that are required of pupils

7-14 by statute or regulation for promotion to the next grade or graduation from

7-15 a public high school and require the pupils who are enrolled in the charter

7-16 school to take those courses of study. This subsection does not preclude a

7-17 charter school from offering, or requiring the pupils who are enrolled in the

7-18 charter school to take, other courses of study that are required by statute or

7-19 regulation.

7-20 10. Provide instruction on acquired immune deficiency syndrome and

7-21 the human reproductive system, related to communicable diseases and

7-22 sexual responsibility in accordance with NRS 389.065.

7-23 11. Adhere to the same transportation policy that is in effect in the

7-24 school district in which the charter school is located.

7-25 12. Obtain liability insurance as may be required of other public

7-26 schools located in the same school district as the charter school is located

7-27 and otherwise hold harmless, indemnify and defend the sponsor of the

7-28 charter school against any claim or liability arising from an act or

7-29 omission by the governing body of the charter school or an employee or

7-30 officer of the charter school. An action at law may not be maintained

7-31 against the sponsor of a charter school for any cause of action for which

7-32 the charter school has obtained liability insurance.

7-33 Sec. 6. NRS 386.560 is hereby amended to read as follows:

7-34 386.560 1. A charter school may contract with the board of trustees

7-43 school hours.

8-1 3. The board of trustees of a school district may donate surplus

8-2 personal property of the school district to a charter school that is located

8-3 within the school district.

8-4 Sec. 7. NRS 386.595 is hereby amended to read as follows:

8-5 386.595 1. Except as otherwise provided in this subsection and

8-42 a teaching position submitted pursuant to this subsection be submitted at

9-1 least 90 days before the employee would otherwise be required to report to

9-2 duty.

9-3 7. An employee who is on a leave of absence from a school district

9-4 pursuant to this section shall contribute to and be eligible for all benefits for

9-5 which he would otherwise be entitled, including, without limitation,

9-6 participation in the public employees’ retirement system and accrual of

9-7 time for the purposes of leave and retirement. The time during which such

9-8 an employee is on leave of absence and employed in a charter school does

9-9 not count toward the acquisition of permanent status with the school

9-10 district.

9-11 8. Upon the return of a teacher to employment in the school district, he

9-12 is entitled to the same level of retirement, salary and any other benefits to

9-13 which he would otherwise be entitled if he had not taken a leave of absence

9-14 to teach in a charter school.

9-15 9. An employee of a charter school who is not on a leave of absence

9-16 from a school district is eligible for all benefits for which he would be

9-17 eligible for employment in a public school, including, without limitation,

9-18 participation in the public employees’ retirement system.

9-19 10. For all employees of a charter school [:

9-20 (a) The] , the compensation that a teacher or other school employee

9-21 would have received if he were employed by the school district must be

9-22 used to determine the appropriate levels of contribution required of the

9-23 employee and employer for purposes of the public employees’ retirement

9-24 system.

9-25 [(b) The compensation that is paid to a teacher or other school employee

9-26 that exceeds the compensation that he would have received if he were

9-27 employed by the school district must not be included for the purposes of

9-28 calculating future retirement benefits of the employee.]

9-29 Sec. 8. NRS 389.155 is hereby amended to read as follows:

9-30 389.155 1. The state board shall, by regulation, establish a program

9-43 the regulations adopted pursuant to subsections 1 and 2, provide for

10-1 independent study by pupils enrolled full time in high schools in its district.

10-2 A board of trustees that chooses to allow such study may provide that:

10-3 (a) The pupils participating in the independent study be given

10-4 instruction individually or in a group.

10-5 (b) The independent study be offered during the regular school day.

10-6 4. A charter school that offers independent study to pupils who are

10-7 enrolled in the charter school is not required to comply with the

10-8 regulations of the state board or any rule or regulation of the board of

10-9 trustees of the school district established pursuant to this section.

10-10 Sec. 9. NRS 41.0305 is hereby amended to read as follows:

10-11 41.0305 As used in NRS 41.0305 to 41.039, inclusive, the term

10-20 not exercise general governmental powers.

10-21 Sec. 10. NRS 41.0307 is hereby amended to read as follows:

10-22 41.0307 As used in NRS 41.0305 to 41.039, inclusive:

10-43 with limited jurisdiction.

11-1 (c) A district attorney and any deputy or assistant district attorney or an

11-2 attorney appointed to prosecute a person for a limited duration with limited

11-3 jurisdiction.

11-4 Sec. 11. NRS 286.520 is hereby amended to read as follows:

11-5 286.520 1. Except as otherwise provided in [subsections 4, 5 and 6]

11-42 in which he served and for which he received service credit as a member.

12-1 5. The system may waive for one period of 30 days or less a retired

12-2 employee’s disqualification under this section if the public employer

12-3 certifies in writing, in advance, that the retired employee is recalled to meet

12-4 an emergency and that no other qualified person is immediately available.

12-5 6. A person who accepts employment or an independent contract with

12-6 either house of the legislature or by the legislative counsel bureau is exempt

12-7 from the provisions of subsections 1 and 2 for the duration of that

12-8 employment or contract.

12-9 7. A retired employee who accepts employment with a charter school

12-10 as a teacher is exempt from the provisions of subsections 1 and 2 for the

12-11 duration of that employment if the majority of his years of service credit

12-12 were earned from employment as a teacher.

12-13 Sec. 12. NRS 332.185 is hereby amended to read as follows:

12-14 332.185 1. Except as otherwise provided in NRS 334.070 [,] and

12-31 lease or transfer of real property by the governing body.

12-32 Sec. 13. 1. This act becomes effective on July 1, 1999.

12-33 2. Section 11 of this act expires by limitation on July 1, 2001.