Assembly Bill No. 224–Committee on Education

 

(On Behalf of Legislative Committee on Education)

 

February 22, 2001

____________

 

Referred to Concurrent Committees on Education
and Ways and Means

 

SUMMARY—Makes various changes regarding charter schools. (BDR 34‑833)

 

FISCAL NOTE:            Effect on Local Government: No.

                                    Effect on the State: Contains Appropriation not included in Executive Budget.

 

~

 

EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

 

AN ACT relating to education; revising provisions governing the contents of an application to form a charter school and a written charter of a charter school; revising provisions governing the requirements of a charter school to provide special education; clarifying provisions governing the reassignment of employees of a charter school upon revocation of the written charter; providing that a charter school may offer independent study in accordance with the regulations of the state board of education; specifying that charter schools are included within a school district’s program for the statewide automated system of information concerning pupils; making an appropriation to the legislative fund for a consultant to conduct case study evaluations of certain charter schools; and providing other matters properly relating thereto.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

1-1    Section 1. NRS 386.520 is hereby amended to read as follows:

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

1-3  least three teachers, as defined in NRS 391.311, alone or in combination

1-4  with:

1-5    (a) Ten or more members of the general public;

1-6    (b) Representatives of an organization devoted to service to the general

1-7  public;

1-8    (c) Representatives of a private business; or

1-9    (d) Representatives of a college or university within the University and

1-10  Community College System of Nevada.

1-11    2.  Before a committee to form a charter school may submit an

1-12  application to the board of trustees of a school district, it must submit the

2-1  application to the department. The application must include all information

2-2  prescribed by the department by regulation and:

2-3    (a) A written description of how the charter school will carry out the

2-4  provisions of NRS 386.500 to 386.610, inclusive.

2-5    (b) A written description of the mission and goals for the charter school.

2-6  A charter school must have as its stated purpose at least one of the

2-7  following goals:

2-8       (1) Improving the opportunities for pupils to learn;

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

2-10      (3) Providing an accurate measurement of the educational

2-11  achievement of pupils;

2-12      (4) Establishing accountability of public schools;

2-13      (5) Providing a method for public schools to measure achievement

2-14  based upon the performance of the schools; or

2-15      (6) Creating new professional opportunities for teachers.

2-16    (c) The projected enrollment of pupils in the charter school.

2-17    (d) The proposed dates of enrollment for the charter school.

2-18    (e) The proposed system of governance for the charter school,

2-19  including, without limitation[, the] :

2-20      (1) The number of persons who will govern[, the] ;

2-21      (2) The method of selecting the persons who will govern [and the] ;

2-22      (3) The term of office for each person[.] ; and

2-23      (4) A mechanism for the removal of a member of the governing

2-24  body of the charter school for inefficiency, neglect of duty or other just

2-25  cause.

2-26    (f) The method by which disputes will be resolved between the

2-27  governing body of the charter school and the sponsor of the charter school.

2-28    (g) The proposed curriculum for the charter school.

2-29    (h) The textbooks that will be used at the charter school.

2-30    (i) The qualifications of the persons who will provide instruction at the

2-31  charter school.

2-32    (j) Except as otherwise required by NRS 386.595, the process by which

2-33  the governing body of the charter school will negotiate employment

2-34  contracts with the employees of the charter school.

2-35    (k) A financial plan for the operation of the charter school. The plan

2-36  must include, without limitation, procedures for the audit of the programs

2-37  and finances of the charter school and guidelines for determining the

2-38  financial liability if the charter school is unsuccessful.

2-39    (l) A statement of whether the charter school will provide for the

2-40  transportation of pupils to and from the charter school. If the charter school

2-41  will provide transportation, the application must include the proposed plan

2-42  for the transportation of pupils. If the charter school will not provide

2-43  transportation, the application must include a statement that the charter

2-44  school will work with the parents and guardians of pupils enrolled in the

2-45  charter school to develop a plan for transportation to ensure that pupils

2-46  have access to transportation to and from the charter school.

2-47    (m) The procedure for the evaluation of teachers of the charter school, if

2-48  different from the procedure prescribed in NRS 391.3125. If the procedure

2-49  is different from the procedure prescribed in NRS 391.3125, the procedure

3-1  for the evaluation of teachers of the charter school must provide the same

3-2  level of protection and otherwise comply with the standards for evaluation

3-3  set forth in NRS 391.3125.

3-4    (n) The time by which certain academic or educational results will be

3-5  achieved.

3-6    (o) A written assurance that the charter school will comply with all

3-7  applicable federal laws and regulations governing the education of pupils

3-8  with disabilities and a written procedure for carrying out and

3-9  documenting the charter school’s compliance with those laws and

3-10  regulations.

3-11    (p) A statement of whether the charter school will offer a program of

3-12  independent study. If the charter school will offer a program of

3-13  independent study, the application must include a written assurance that

3-14  the charter school will comply with NRS 389.155.

3-15    3.  The department shall review an application to form a charter school

3-16  to determine whether it is complete. The department shall provide written

3-17  notice to the applicant of its approval or denial of the application. If the

3-18  department denies an application, the department shall include in the

3-19  written notice the reason for the denial and the deficiencies in the

3-20  application. The applicant must be granted 30 days after receipt of the

3-21  written notice to correct any deficiencies identified in the written notice

3-22  and resubmit the application.

3-23    Sec. 2.  NRS 386.527 is hereby amended to read as follows:

3-24    386.527  1.  Except as otherwise provided in subsection 3, if the board

3-25  of trustees of a school district approves an application to form a charter

3-26  school, it shall grant a written charter to the applicant. The board of

3-27  trustees shall, not later than 10 days after the approval of the application,

3-28  provide written notice to the department of the approval and the date of the

3-29  approval. The board of trustees that approves the application shall be

3-30  deemed the sponsor of the charter school. A written charter must be for a

3-31  term of 6 years unless the governing body of a charter school renews its

3-32  initial charter after 3 years of operation pursuant to subsection 2 of NRS

3-33  386.530. A written charter must include all conditions of operation set

3-34  forth in paragraphs (a) to [(n),] (p), inclusive, of subsection 2 of NRS

3-35  386.520. As a condition of the issuance of a written charter pursuant to this

3-36  subsection, the charter school must agree to comply with all conditions of

3-37  operation set forth in NRS 386.550.

3-38    2.  The governing body of a charter school may submit to the sponsor

3-39  of the charter school a written request for an amendment of the written

3-40  charter of the charter school. If the proposed amendment complies with the

3-41  provisions of this section, NRS 386.500 to 386.610, inclusive, and any

3-42  other statute or regulation applicable to charter schools, the sponsor shall

3-43  amend the written charter in accordance with the proposed amendment.

3-44    3.  If the board of trustees of a school district is considering an

3-45  application to form a charter school and determines that the applicant is not

3-46  yet eligible for the issuance of a charter pursuant to subsection 1, it may, if

3-47  applicable, hold the application in abeyance and grant a conditional charter

3-48  to the applicant if the applicant:

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

4-2  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 of

4-8  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 such a

4-17  request as soon as is practicable.

4-18    Sec. 3.  NRS 386.565 is hereby amended to read as follows:

4-19    386.565  1.  The board of trustees of a school district in which a

4-20  charter school is located shall not:

4-21    [1.] (a) Assign any pupil who is enrolled in a public school in the

4-22  school district or any employee who is employed in a public school in the

4-23  school district to a charter school.

4-24    [2.] (b) Interfere with the operation and management of the charter

4-25  school except as authorized by the written charter, NRS 386.500 to

4-26  386.610, inclusive, and any other statute or regulation applicable to charter

4-27  schools or its officers or employees.

4-28    2.  For purposes of the Individuals with Disabilities Education Act,

4-29  20 U.S.C. §§ 1400 et seq., and NRS 388.440 to 388.520, inclusive, a

4-30  charter school shall be deemed a public school of the local educational

4-31  agency if the local educational agency is the school district that sponsors

4-32  the charter school.

4-33    3.  As used in this section, “local educational agency” has the

4-34  meaning ascribed to it in 20 U.S.C. § 1401(15).

4-35    Sec. 4.  NRS 386.595 is hereby amended to read as follows:

4-36    386.595  1.  Except as otherwise provided in this subsection and

4-37  subsections 2 and 3, the provisions of the collective bargaining agreement

4-38  entered into by the board of trustees of the school district in which the

4-39  charter school is located apply to the terms and conditions of employment

4-40  of employees of the charter school. If a written charter is renewed, the

4-41  employees of the charter school may, at the time of renewal, apply for

4-42  recognition as a bargaining unit pursuant to NRS 288.160.

4-43    2.  A charter school is exempt from the specific provisions of the

4-44  collective bargaining agreement that controls the:

4-45    (a) Periods of preparation time for teachers, provided that the charter

4-46  school allows at least the same amount of time for preparation as the

4-47  school district;

4-48    (b) Times of day that a teacher may work;

4-49    (c) Number of hours that a teacher may work in 1 day;

5-1    (d) Number of hours and days that a teacher may work in 1 week; and

5-2    (e) Number of hours and days that a teacher may work in 1 year.

5-3  If a teacher works more than the number of hours or days prescribed in the

5-4  collective bargaining agreement, the teacher must be compensated for the

5-5  additional hours or days in an amount calculated by prorating the salary for

5-6  the teacher that is set forth in the collective bargaining agreement.

5-7    3.  A teacher or a governing body of a charter school may request that

5-8  the board of trustees of the school district and other persons who entered

5-9  into the collective bargaining agreement grant a waiver from specific

5-10  provisions of the collective bargaining agreement for the teacher or

5-11  governing body.

5-12    4.  All employees of a charter school shall be deemed public

5-13  employees.

5-14    5.  The governing body of a charter school may make all employment

5-15  decisions with regard to its employees pursuant to NRS 391.311 to

5-16  391.3197, inclusive, unless the applicable collective bargaining agreement

5-17  contains separate provisions relating to the discipline of licensed

5-18  employees of a school.

5-19    6.  If the written charter of a charter school is revoked, the employees

5-20  of the charter school who are on leave of absence from the school district

5-21  pursuant to this section must be reassigned to employment within the

5-22  school district in accordance with the collective bargaining agreement.

5-23    7.  The board of trustees of a school district that is a sponsor of a

5-24  charter school shall grant a leave of absence, not to exceed 6 years, to any

5-25  employee who is employed by the board of trustees who requests such a

5-26  leave of absence to accept employment with the charter school. After the

5-27  first school year in which an employee is on a leave of absence, he may

5-28  return to his former teaching position with the board of trustees. After the

5-29  third school year, an employee who is on a leave of absence may submit a

5-30  written request to the board of trustees to return to a comparable teaching

5-31  position with the board of trustees. After the sixth school year, an

5-32  employee shall either submit a written request to return to a comparable

5-33  teaching position or resign from the position for which his leave was

5-34  granted. The board of trustees shall grant a written request to return to a

5-35  comparable position pursuant to this subsection even if the return of the

5-36  employee requires the board of trustees to reduce the existing work force of

5-37  the school district. The board of trustees may require that a request to

5-38  return to a teaching position submitted pursuant to this subsection be

5-39  submitted at least 90 days before the employee would otherwise be

5-40  required to report to duty.

5-41    8.  An employee who is on a leave of absence from a school district

5-42  pursuant to this section shall contribute to and be eligible for all benefits

5-43  for which he would otherwise be entitled, including, without limitation,

5-44  participation in the public employees’ retirement system and accrual of

5-45  time for the purposes of leave and retirement. The time during which such

5-46  an employee is on leave of absence and employed in a charter school does

5-47  not count toward the acquisition of permanent status with the school

5-48  district.

6-1    9.  Upon the return of a teacher to employment in the school district, he

6-2  is entitled to the same level of retirement, salary and any other benefits to

6-3  which he would otherwise be entitled if he had not taken a leave of absence

6-4  to teach in a charter school.

6-5    10.  An employee of a charter school who is not on a leave of absence

6-6  from a school district is eligible for all benefits for which he would be

6-7  eligible for employment in a public school, including, without limitation,

6-8  participation in the public employees’ retirement system.

6-9    11.  For all employees of a charter school:

6-10    (a) The compensation that a teacher or other school employee would

6-11  have received if he were employed by the school district must be used to

6-12  determine the appropriate levels of contribution required of the employee

6-13  and employer for purposes of the public employees’ retirement system.

6-14    (b) The compensation that is paid to a teacher or other school employee

6-15  that exceeds the compensation that he would have received if he were

6-16  employed by the school district must not be included for the purposes of

6-17  calculating future retirement benefits of the employee.

6-18    12.  If the board of trustees of a school district in which a charter

6-19  school is located manages a plan of group insurance for its employees, the

6-20  governing body of the charter school may negotiate with the board of

6-21  trustees to participate in the same plan of group insurance that the board of

6-22  trustees offers to its employees. If the employees of the charter school

6-23  participate in the plan of group insurance managed by the board of trustees,

6-24  the governing body of the charter school shall:

6-25    (a) Ensure that the premiums for that insurance are paid to the board of

6-26  trustees; and

6-27    (b) Provide, upon the request of the board of trustees, all information

6-28  that is necessary for the board of trustees to provide the group insurance to

6-29  the employees of the charter school.

6-30    Sec. 5.  NRS 386.650 is hereby amended to read as follows:

6-31    386.650  1.  The department shall establish and maintain a statewide

6-32  automated system of information concerning pupils. The system must be

6-33  designed to improve the ability of the department, school districts and the

6-34  public schools in this state , including, without limitation, charter schools,

6-35  to account for the pupils who are enrolled in the public schools[.] ,

6-36  including, without limitation, charter schools.

6-37    2.  The board of trustees of each school district shall:

6-38    (a) Adopt and maintain the program for the collection, maintenance and

6-39  transfer of data from the records of individual pupils to the statewide

6-40  automated system of information, including, without limitation, the

6-41  development of plans for the educational technology which is necessary to

6-42  adopt and maintain the program;

6-43    (b) Provide to the department electronic data concerning pupils as

6-44  required by the superintendent of public instruction pursuant to subsection

6-45  3; and

6-46    (c) Ensure that an electronic record is maintained in accordance with

6-47  subsection 3 of NRS 386.655.

6-48    3.  The superintendent of public instruction shall:

7-1    (a) Prescribe the data to be collected and reported to the department by

7-2  each school district pursuant to subsection 2[;] , including, without

7-3  limitation, data relating to each charter school located within a school

7-4  district;

7-5    (b) Prescribe the format for the data;

7-6    (c) Prescribe the date by which each school district shall report the data;

7-7    (d) Prescribe the date by which each charter school located within a

7-8  school district shall report the data to the school district for incorporation

7-9  into the report of the school district;

7-10    (e) Provide technical assistance to each school district to ensure that the

7-11  data from each public school in the school district , including, without

7-12  limitation, each charter school located within the school district, is

7-13  compatible with the statewide automated system of information and

7-14  comparable to the data reported by other school districts; and

7-15    [(e)] (f) Provide for the analysis and reporting of the data in the

7-16  statewide automated system of information.

7-17    Sec. 6.  NRS 386.655 is hereby amended to read as follows:

7-18    386.655  1.  The department, the school districts and the public

7-19  schools , including, without limitation, charter schools, shall, in operating

7-20  the statewide automated system of information established pursuant to

7-21  NRS 386.650, comply with the provisions of:

7-22    (a) For all pupils, the Family Educational Rights and Privacy Act, 20

7-23  U.S.C. § 1232g, and any regulations adopted pursuant thereto; and

7-24    (b) For pupils with disabilities who are enrolled in programs of special

7-25  education, the provisions governing access to education records and

7-26  confidentiality of information prescribed in the Individuals with

7-27  Disabilities Education Act, 20 U.S.C. § 1417(c), and the regulations

7-28  adopted pursuant thereto.

7-29    2.  Except as otherwise provided in 20 U.S.C. § 1232g(b) and any other

7-30  applicable federal law, a public school , including, without limitation, a

7-31  charter school, shall not release the education records of a pupil to a

7-32  person or an agency of a federal, state or local government without the

7-33  written consent of the parent or legal guardian of the pupil.

7-34    3.  In addition to the record required pursuant to 20 U.S.C. §

7-35  1232g(b)(4)(A), each school district shall maintain within the statewide

7-36  automated system of information an electronic record of all persons and

7-37  agencies who have requested the education record of a pupil or obtained

7-38  access to the education record of a pupil, or both, pursuant to 20 U.S.C. §

7-39  1232g. The electronic record must be maintained and may only be

7-40  disclosed in accordance with the provisions of 20 U.S.C. § 1232g. A

7-41  charter school shall provide to the school district in which the charter

7-42  school is located such information as is necessary for the school district

7-43  to carry out the provisions of this subsection.

7-44    4.  The right accorded to a parent or legal guardian of a pupil pursuant

7-45  to subsection 2 devolves upon the pupil on the date on which he attains the

7-46  age of 18 years.

7-47    5.  As used in this section, unless the context otherwise requires,

7-48  “education records” has the meaning ascribed to it in 20 U.S.C. §

7-49  1232g(a)(4).

8-1    Sec. 7.  NRS 389.155 is hereby amended to read as follows:

8-2    389.155  1.  The state board shall, by regulation, establish a program

8-3  pursuant to which a pupil enrolled full time in high school may complete

8-4  any required or elective course by independent study outside of the normal

8-5  classroom setting.

8-6    2.  The regulations must require that:

8-7    (a) The teacher of the course assign to the pupil the work assignments

8-8  necessary to complete the course; and

8-9    (b) The pupil and teacher meet or otherwise communicate with each

8-10  other at least once each week during the course to discuss the pupil’s

8-11  progress.

8-12    3.  The board of trustees in each school district may, in accordance with

8-13  the regulations adopted pursuant to subsections 1 and 2, provide for

8-14  independent study by pupils enrolled full time in high schools in its district.

8-15  The governing body of a charter school that provides a program of

8-16  instruction for pupils enrolled in the grade levels for high school may, in

8-17  accordance with the regulations adopted pursuant to subsections 1 and 2,

8-18  provide for independent study by pupils enrolled full time in the charter

8-19  school in a grade level for high school. A board of trustees or a governing

8-20  body that chooses to allow such study may provide that:

8-21    (a) The pupils participating in the independent study be given

8-22  instruction individually or in a group.

8-23    (b) The independent study be offered during the regular school day.

8-24    Sec. 8.  1.  There is hereby appropriated from the state general fund

8-25  to the legislative fund the sum of $10,000 for use by the legislative bureau

8-26  of educational accountability and program evaluation to hire a consultant to

8-27  conduct case study evaluations of charter schools within this state.

8-28    2.  The consultant hired by the legislative bureau of educational

8-29  accountability and program evaluation shall conduct on-site evaluations of

8-30  not more than eight charter schools within this state selected by the bureau

8-31  for evaluation. On or before February 1, 2003, the consultant shall submit a

8-32  written report to the legislative bureau of educational accountability and

8-33  program evaluation that includes for each charter school that was

8-34  evaluated:

8-35    (a) A description of the charter school;

8-36    (b) A description of the academic achievement and progress of pupils

8-37  who are enrolled in the charter school;

8-38    (c) A description of the demographics of the pupils who are enrolled in

8-39  the charter school;

8-40    (d) An overview of the curriculum for each grade level taught at the

8-41  charter school;

8-42    (e) A description of the system of governance of the charter school,

8-43  including, without limitation, an explanation of the process by which

8-44  decisions are made;

8-45    (f) A description of the financial plan for the charter school;

8-46    (g) An identification and evaluation of the accomplishments of the

8-47  charter school;

9-1    (h) An identification and evaluation of the factors that hindered the

9-2  progress of the charter school in achieving the academic or educational

9-3  results set forth in its application to form a charter school;

9-4    (i) A summary of the practices of the charter school that offer an

9-5  example for other charter schools within this state; and

9-6    (j) Any recommendations for legislation based upon the results of the

9-7  evaluation.

9-8    3.  The legislative bureau of educational accountability and program

9-9  evaluation shall submit a copy of the written evaluation, including any

9-10  recommendations for legislation, to the 72nd session of the Nevada

9-11  legislature.

9-12    Sec. 9.  This act becomes effective on July 1, 2001.

 

9-13  H