Senate Bill No. 292–Committee on Human
Resources and Facilities

 

(On Behalf of Nevada Association of School Boards)

 

March 7, 2001

____________

 

Referred to Committee on Human Resources and Facilities

 

SUMMARY—Makes various changes regarding charter schools. (BDR 34‑382)

 

FISCAL NOTE:            Effect on Local Government: No.

                                    Effect on the State: No.

 

~

 

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

 

AN ACT relating to education; requiring the department of education to establish an account for each charter school to pay the costs incurred by a school district if the charter school ceases to operate as a charter school during a school year; providing that a certain percentage of the apportionment to a charter school from the state distributive school account must be set aside and deposited in the account established by the department; revising provisions governing the operation, finances and personnel of charter schools; requiring charter schools to comply with provisions governing the minimum ages required for pupils to enroll in certain grades; 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. Chapter 386 of NRS is hereby amended by adding thereto a

1-2  new section to read as follows:

1-3    1.  The department shall establish an account for each charter school

1-4  to pay the costs incurred by the school district that sponsors the charter

1-5  school if the charter school ceases to operate as a charter school during a

1-6  school year. The money set aside pursuant to subsection 4 of NRS

1-7  387.124 must be deposited in the account.

1-8    2.  If a charter school ceases to operate as a charter school during a

1-9  school year, the department shall pay to the school district that sponsored

1-10  the charter school the money that was deposited in the account for the

1-11  charter school pursuant to subsection 4 of NRS 387.124 before the

1-12  charter school ceased operation.

 

 

2-1    3.  If a charter school operates for an entire school year, the

2-2  department shall pay to the charter school the money that was deposited

2-3  in the account for the charter school during the school year in

2-4  accordance with subsection 4 of NRS 387.124.

2-5    Sec. 2.  NRS 386.525 is hereby amended to read as follows:

2-6    386.525  1.  Upon approval of an application by the department, a

2-7  committee to form a charter school may submit the application to the board

2-8  of trustees of the school district in which the proposed charter school will

2-9  be located. If the board of trustees of a school district receives an

2-10  application to form a charter school, it shall consider the application at [its

2-11  next] a regularly scheduled meeting[, but] that must be held not later than

2-12  [14] 30 days after the receipt of the application, and ensure that notice of

2-13  the meeting has been provided pursuant to chapter 241 of NRS. The board

2-14  of trustees shall review the application to determine whether the

2-15  application:

2-16    (a) Complies with NRS 386.500 to 386.610, inclusive, and section 1 of

2-17  this act and the regulations applicable to charter schools; and

2-18    (b) Is complete in accordance with the regulations of the department.

2-19    2.  In addition to the considerations set forth in paragraphs (a) and

2-20  (b) of subsection 1, the board of trustees of a school district that reviews

2-21  an application to form a charter school may consider the financial effect,

2-22  if any, of the proposed charter school on the school district and the

2-23  financial viability of the proposed charter school. The board of trustees

2-24  of a school district shall not deny an application solely on the basis of the

2-25  considerations set forth in this subsection.

2-26    3.  The department shall assist the board of trustees of a school district

2-27  in the review of an application. The board of trustees [shall] may approve

2-28  an application if it satisfies the requirements of paragraphs (a) and (b) of

2-29  subsection 1. The board of trustees shall provide written notice to the

2-30  applicant of its approval or denial of the application.

2-31    [3.] 4.  If the board of trustees denies an application, it shall include in

2-32  the written notice the reasons for the denial and the deficiencies in the

2-33  application. The applicant must be granted 30 days after receipt of the

2-34  written notice to correct any deficiencies identified in the written notice

2-35  and resubmit the application.

2-36    [4.] 5.  If the board of trustees denies an application after it has been

2-37  resubmitted pursuant to subsection [3,] 4, the applicant may submit a

2-38  written request to the subcommittee on charter schools created pursuant to

2-39  NRS 386.507, not more than 30 days after receipt of the written notice of

2-40  denial, to direct the board of trustees to reconsider the application. The

2-41  subcommittee shall consider requests for reconsideration in the order in

2-42  which they are received. If the subcommittee receives such a request, it

2-43  shall consider the request at its next regularly scheduled meeting and

2-44  ensure that notice of the meeting is posted in accordance with chapter 241

2-45  of NRS. Not more than 30 days after the meeting, the subcommittee shall

2-46  provide written notice of its determination to the applicant and to the board

2-47  of trustees. If the subcommittee denies the request for reconsideration, the

2-48  applicant may, not more than 30 days after the receipt of the written notice

3-1  from the subcommittee, appeal the determination to the district court of the

3-2  county in which the proposed charter school will be located.

3-3    [5.] 6.  If the subcommittee on charter schools grants a request to

3-4  direct reconsideration, the written notice to the board of trustees of the

3-5  school district that denied the application must include, without limitation,

3-6  instructions to the board of trustees concerning the reconsideration of the

3-7  application. Not more than 30 days after receipt of the written notice from

3-8  the subcommittee directing the reconsideration, the board of trustees shall

3-9  reconsider the application in accordance with the instructions of the

3-10  subcommittee, make a final determination on the application and provide

3-11  written notice of the determination to the applicant. If, upon

3-12  reconsideration of the application, the board of trustees denies the

3-13  application, the applicant may, not more than 30 days after the receipt of

3-14  the written notice from the board of trustees, appeal the final determination

3-15  to the district court of the county in which the proposed charter school will

3-16  be located.

3-17    Sec. 3.  NRS 386.549 is hereby amended to read as follows:

3-18    386.549  1.  The governing body of a charter school shall consist of at

3-19  least three teachers, as defined in NRS 391.311, and may consist of,

3-20  without limitation, parents and representatives of nonprofit organizations

3-21  and businesses. Each member of the governing body must reside within

3-22  the county in which the charter school is located.

3-23    2.  The governing body of a charter school is a public body. It is hereby

3-24  given such reasonable and necessary powers, not conflicting with the

3-25  constitution and the laws of the State of Nevada, as may be requisite to

3-26  attain the ends for which the charter school is established and to promote

3-27  the welfare of pupils who are enrolled in the charter school.

3-28    3.  The governing body of a charter school shall hold at least four

3-29  regularly scheduled public meetings each year in the county in which the

3-30  charter school is located.

3-31    Sec. 4.  NRS 386.550 is hereby amended to read as follows:

3-32    386.550  A charter school shall:

3-33    1.  Comply with all laws and regulations relating to discrimination and

3-34  civil rights.

3-35    2.  Remain nonsectarian, including, without limitation, in its

3-36  educational programs, policies for admission and employment practices.

3-37    3.  Refrain from charging tuition or fees, levying taxes or issuing

3-38  bonds.

3-39    4.  Comply with any plan for desegregation ordered by a court that is in

3-40  effect in the school district in which the charter school is located.

3-41    5.  Comply with the provisions of chapter 241 of NRS.

3-42    6.  Except as otherwise provided in this subsection, schedule and

3-43  provide annually at least as many days of instruction as are required of

3-44  other public schools located in the same school district as the charter

3-45  school is located. The governing body of a charter school may submit a

3-46  written request to the superintendent of public instruction for a waiver from

3-47  providing the days of instruction required by this subsection. The

3-48  superintendent of public instruction may grant such a request if the

3-49  governing body demonstrates to the satisfaction of the superintendent that:

4-1    (a) Extenuating circumstances exist to justify the waiver; and

4-2    (b) The charter school will provide at least as many hours or minutes of

4-3  instruction as would be provided under a program consisting of 180 days.

4-4    7.  Cooperate with the board of trustees of the school district in the

4-5  administration of the achievement and proficiency examinations

4-6  administered pursuant to NRS 389.015 and the examinations required

4-7  pursuant to NRS 389.550 to the pupils who are enrolled in the charter

4-8  school.

4-9    8.  Comply with applicable statutes and regulations governing the

4-10  achievement and proficiency of pupils in this state.

4-11    9.  Provide instruction in the core academic subjects set forth in

4-12  subsection 1 of NRS 389.018, as applicable for the grade levels of pupils

4-13  who are enrolled in the charter school, and provide at least the courses of

4-14  [instruction] study that are required of pupils by statute or regulation for

4-15  promotion to the next grade or graduation from a public high school and

4-16  require the pupils who are enrolled in the charter school to take those

4-17  courses of study. This subsection does not preclude a charter school from

4-18  offering, or requiring the pupils who are enrolled in the charter school to

4-19  take, other courses of study that are required by statute or regulation.

4-20    10.  If applicable to the grade levels of pupils who are enrolled in the

4-21  charter school, require the pupils to complete the requirements for

4-22  graduation from a public high school and receipt of a high school

4-23  diploma that are required of the other pupils who are enrolled in the

4-24  public high schools of the school district that sponsors the charter

4-25  school.

4-26    11.  If the parent or legal guardian of a child submits an application

4-27  to enroll in kindergarten, first grade or second grade at the charter

4-28  school, comply with NRS 392.040 regarding the ages for enrollment in

4-29  those grades.

4-30    12.  Refrain from using public money to purchase real property or

4-31  buildings without the approval of the sponsor.

4-32    [11.] 13.  Hold harmless, indemnify and defend the sponsor of the

4-33  charter school against any claim or liability arising from an act or omission

4-34  by the governing body of the charter school or an employee or officer of

4-35  the charter school. An action at law may not be maintained against the

4-36  sponsor of a charter school for any cause of action for which the charter

4-37  school has obtained liability insurance.

4-38    [12.] 14.  Provide written notice to the parents or legal guardians of

4-39  pupils in grades 9 to 12, inclusive, who are enrolled in the charter school of

4-40  whether the charter school is accredited by the Commission on Schools of

4-41  the Northwest Association of Schools and Colleges.

4-42    [13.] 15.  Adopt a final budget in accordance with the regulations

4-43  adopted by the department. A charter school is not required to adopt a final

4-44  budget pursuant to NRS 354.598 or otherwise comply with the provisions

4-45  of chapter 354 of NRS.

4-46    Sec. 5.  NRS 386.590 is hereby amended to read as follows:

4-47    386.590  1.  Except as otherwise provided in this subsection, at least

4-48  70 percent of the teachers who provide instruction at a charter school must

4-49  be licensed teachers. If a charter school is a vocational school, the charter

5-1  school shall, to the extent practicable, ensure that at least 70 percent of the

5-2  teachers who provide instruction at the school are licensed teachers, but in

5-3  no event may more than 50 percent of the teachers who provide instruction

5-4  at the school be unlicensed teachers.

5-5    2.  A governing body of a charter school shall employ:

5-6    (a) If the charter school offers instruction in kindergarten or grade 1, 2,

5-7  3, 4 or 5, a licensed teacher to teach pupils who are enrolled in those

5-8  grades.

5-9    (b) If the charter school offers instruction in grade 6, 7, 8, 9, 10, 11 or

5-10  12, a licensed teacher to teach pupils who are enrolled in those grades for

5-11  the following courses of study:

5-12      (1) English, including reading, composition and writing;

5-13      (2) Mathematics;

5-14      (3) Science; and

5-15      (4) Social studies, which includes only the subjects of history,

5-16  geography, economics and government.

5-17  A licensed teacher may be employed pursuant to this paragraph to teach

5-18  a course of study, regardless of whether he holds an endorsement in a

5-19  subject area related to that course of study only if the charter school

5-20  complies with paragraph (c). 

5-21    (c)  In addition to the requirements of paragraphs (a) and (b)[:] , for

5-22  each course of study identified in paragraph (b), at least one licensed

5-23  teacher who holds an endorsement in a subject area related to that

5-24  course of study. A teacher employed pursuant to this paragraph may

5-25  provide instruction in the course of study for which he holds an

5-26  endorsement or may supervise the instruction in that course of study

5-27  provided by other licensed teachers who do not hold such an

5-28  endorsement, or both.

5-29    (d) In addition to the requirements of paragraphs (a), (b) and (c):

5-30      (1) If a charter school specializes in arts and humanities, physical

5-31  education or health education, a licensed teacher to teach those courses of

5-32  study.

5-33      (2) If a charter school specializes in the construction industry or other

5-34  building industry, licensed teachers to teach courses of study relating to the

5-35  industry if those teachers are employed full time.

5-36      (3) If a charter school specializes in the construction industry or other

5-37  building industry and the school offers courses of study in computer

5-38  education, technology or business, licensed teachers to teach those courses

5-39  of study if those teachers are employed full time.

5-40    3.  A charter school may employ a person who is not licensed pursuant

5-41  to the provisions of chapter 391 of NRS to teach a course of study for

5-42  which a licensed teacher is not required pursuant to subsection 2 if the

5-43  person has:

5-44    (a) A degree, a license or a certificate in the field for which he is

5-45  employed to teach at the charter school; and

5-46    (b) At least 2 years of experience in that field.

5-47    4.  A charter school may employ such administrators for the school as

5-48  it deems necessary. A person employed as an administrator must possess:

6-1    (a) A master’s degree in school administration, public administration or

6-2  business administration; or

6-3    (b) If the person has at least 5 years of experience in administration, a

6-4  baccalaureate degree[.] in education.

6-5    5.  A charter school shall not employ a person pursuant to this section if

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

6-7  or suspended in this state or another state.

6-8    Sec. 6.  NRS 387.124 is hereby amended to read as follows:

6-9    387.124  Except as otherwise provided in NRS 387.528:

6-10    1.  On or before August 1, November 1, February 1 and May 1 of each

6-11  year, the superintendent of public instruction shall, except as otherwise

6-12  provided in subsections 2 and 3, apportion the state distributive school

6-13  account in the state general fund among the several county school districts

6-14  and charter schools in amounts approximating one-fourth of their

6-15  respective yearly apportionments less any amount set aside as a reserve.

6-16  The apportionment to a school district, computed on a yearly basis, equals

6-17  the difference between the basic support and the local funds available

6-18  pursuant to NRS 387.1235, minus all the funds attributable to pupils who

6-19  reside in the county but attend a charter school. No apportionment may be

6-20  made to a school district if the amount of the local funds exceeds the

6-21  amount of basic support. The apportionment to a charter school, computed

6-22  on a yearly basis, is equal to the sum of the basic support per pupil in the

6-23  county in which the pupil resides plus the amount of local funds available

6-24  per pupil pursuant to NRS 387.1235 and all other funds available for public

6-25  schools in the county in which the pupil resides[.] minus the amount of

6-26  money set aside pursuant to subsection 4. If the apportionment per pupil

6-27  to a charter school is more than the amount to be apportioned to the school

6-28  district in which a pupil who is enrolled in the charter school resides, the

6-29  school district in which the pupil resides shall pay the difference directly to

6-30  the charter school.

6-31    2.  The governing body of a charter school may submit a written

6-32  request to the superintendent of public instruction to receive, in the first

6-33  year of operation of the charter school, an apportionment 30 days before

6-34  the apportionment is required to be made pursuant to subsection 1. Upon

6-35  receipt of such a request, the superintendent of public instruction may

6-36  make the apportionment 30 days before the apportionment is required to be

6-37  made. A charter school may receive all four apportionments in advance in

6-38  its first year of operation.

6-39    3.  If the state controller finds that such an action is needed to maintain

6-40  the balance in the state general fund at a level sufficient to pay the other

6-41  appropriations from it, he may pay out the apportionments monthly, each

6-42  approximately one-twelfth of the yearly apportionment less any amount set

6-43  aside as a reserve. If such action is needed, the state controller shall submit

6-44  a report to the department of administration and the fiscal analysis division

6-45  of the legislative counsel bureau documenting reasons for the action.

6-46    4.  For each school year, each time that an apportionment is paid to a

6-47  charter school pursuant to this section, 3 percent of the amount of that

6-48  apportionment must be set aside and deposited in the account for the

6-49  charter school that is established pursuant to section 1 of this act. If the

7-1  charter school operates for the entire school year, the total amount of

7-2  money withheld from the charter school pursuant to this subsection for

7-3  that school year must be paid directly to the charter school not later than

7-4  30 days after the completion of the school year of the charter school. If

7-5  the charter school ceases to operate as a charter school during the school

7-6  year, the money set aside must be paid to the school district that

7-7  sponsored the charter school in accordance with section 1 of this act.

7-8    Sec. 7.  NRS 387.1243 is hereby amended to read as follows:

7-9    387.1243  1.  The first apportionment based on an estimated number

7-10  of pupils and special education program units and succeeding

7-11  apportionments are subject to adjustment from time to time as the need

7-12  therefor may appear.

7-13    2.  The apportionments to a school district may be adjusted during a

7-14  fiscal year by the department of education, upon approval by the board of

7-15  examiners and the interim finance committee, if the department of taxation

7-16  and the county assessor in the county in which the school district is located

7-17  certify to the department of education that the school district will not

7-18  receive the tax levied pursuant to subsection 1 of NRS 387.195 on property

7-19  of the Federal Government located within the county if:

7-20    (a) The leasehold interest, possessory interest, beneficial interest or

7-21  beneficial use of the property is subject to taxation pursuant to NRS

7-22  361.157 and 361.159 and one or more lessees or users of the property are

7-23  delinquent in paying the tax; and

7-24    (b) The total amount of tax owed but not paid for the fiscal year by any

7-25  such lessees and users is at least 5 percent of the proceeds that the school

7-26  district would have received from the tax levied pursuant to subsection 1 of

7-27  NRS 387.195.

7-28  If a lessee or user pays the tax owed after the school district’s

7-29  apportionment has been increased in accordance with the provisions of this

7-30  subsection to compensate for the tax owed, the school district shall repay to

7-31  the state distributive school account in the state general fund an amount

7-32  equal to the tax received from the lessee or user for the year in which the

7-33  school district received an increased apportionment, not to exceed the

7-34  increase in apportionments made to the school district pursuant to this

7-35  subsection.

7-36    3.  On or before August 1 of each year, the board of trustees of a school

7-37  district shall provide to the department, in a format prescribed by the

7-38  department, the count of pupils calculated pursuant to subparagraph (6) of

7-39  paragraph (a) of subsection 1 of NRS 387.1233 who completed at least one

7-40  semester during the immediately preceding school year. The count of

7-41  pupils submitted to the department must be included in the final adjustment

7-42  computed pursuant to subsection 4.

7-43    4.  A final adjustment for each school district and charter school must

7-44  be computed as soon as practicable following the close of the school year,

7-45  but not later than August 25. The final computation must be based upon the

7-46  actual counts of pupils required to be made for the computation of basic

7-47  support and the limits upon the support of special education programs,

7-48  except that for any year when the total enrollment of pupils and children in

7-49  a school district or a charter school located within the school district

8-1  described in paragraphs (a), (b), (c) and (d) of subsection 1 of NRS

8-2  387.123 is greater on the last day of any school month of the school district

8-3  after the second school month of the school district and the increase in

8-4  enrollment shows at least:

8-5    (a) A 3 percent gain, basic support as computed from first month

8-6  enrollment for the school district or charter school must be increased by 2

8-7  percent.

8-8    (b) A 6 percent gain, basic support as computed from first month

8-9  enrollment for the school district or charter school must be increased by an

8-10  additional 2 percent.

8-11    5.  If the final computation of apportionment for any school district or

8-12  charter school exceeds the actual amount paid to the school district or

8-13  charter school during the school year, the additional amount due must be

8-14  paid before September 1. If the final computation of apportionment for any

8-15  school district or charter school is less than the actual amount paid to the

8-16  school district or charter school during the school year, the difference must

8-17  be repaid to the state distributive school account in the state general fund

8-18  by the school district or charter school before September 25. For the

8-19  purposes of this subsection, the “actual amount paid”:

8-20    (a) With respect to a charter school, shall be deemed to include the

8-21  amount of money set aside from the apportionment to the charter school

8-22  pursuant to subsection 4 of NRS 387.124.

8-23    (b) With respect to a school district that sponsors a charter school,

8-24  shall be deemed to exclude the amount of money, if any, paid to the

8-25  school district pursuant to section 1 of this act.

8-26    Sec. 8.  NRS 392.040 is hereby amended to read as follows:

8-27    392.040  1.  Except as otherwise provided by law, each parent,

8-28  custodial parent, guardian or other person in the State of Nevada having

8-29  control or charge of any child between the ages of 7 and 17 years shall

8-30  send the child to a public school during all the time the public school is in

8-31  session in the school district in which the child resides.

8-32    2.  A child who is 5 years of age on or before September 30 of a school

8-33  year may be admitted to kindergarten at the beginning of that school year,

8-34  and his enrollment must be counted for purposes of apportionment. If a

8-35  child is not 5 years of age on or before September 30 of a school year, the

8-36  child must not be admitted to kindergarten.

8-37    3.  Except as otherwise provided in subsection 4, a child who is 6 years

8-38  of age on or before September 30 of a school year must:

8-39    (a) If he has not completed kindergarten, be admitted to kindergarten at

8-40  the beginning of that school year; or

8-41    (b) If he has completed kindergarten, be admitted to the first grade at

8-42  the beginning of that school year,

8-43  and his enrollment must be counted for purposes of apportionment. If a

8-44  child is not 6 years of age on or before September 30 of a school year, the

8-45  child must not be admitted to the first grade until the beginning of the

8-46  school year following his sixth birthday.

8-47    4.  The parents, custodial parent, guardian or other person within the

8-48  State of Nevada having control or charge of a child who is 6 years of age

8-49  on or before September 30 of a school year may elect for the child not to

9-1  attend kindergarten or the first grade during that year. The parents,

9-2  custodial parent, guardian or other person who makes such an election shall

9-3  file with the board of trustees of the appropriate school district a waiver in

9-4  a form prescribed by the board.

9-5    5.  Whenever a child who is 6 years of age is enrolled in a public

9-6  school, each parent, custodial parent, guardian or other person in the State

9-7  of Nevada having control or charge of the child shall send him to the public

9-8  school during all the time the school is in session. This requirement for

9-9  attendance does not apply to any child under the age of 7 years who has not

9-10  yet been enrolled or has been formally withdrawn from enrollment in

9-11  public school.

9-12    6.  A child who is 7 years of age on or before September 30 of a school

9-13  year must:

9-14    (a) If he has completed kindergarten and the first grade, be admitted to

9-15  the second grade.

9-16    (b) If he has completed kindergarten, be admitted to the first grade.

9-17    (c) If the parents, custodial parent, guardian or other person in the State

9-18  of Nevada having control or charge of the child waived the child’s

9-19  attendance from kindergarten pursuant to subsection 4, undergo an

9-20  assessment by the district pursuant to subsection 7 to determine whether

9-21  the child is prepared developmentally to be admitted to the first grade. If

9-22  the district determines that the child is prepared developmentally, he must

9-23  be admitted to the first grade. If the district determines that the child is not

9-24  so prepared, he must be admitted to kindergarten.

9-25  The enrollment of any child pursuant to this subsection must be counted for

9-26  apportionment purposes.

9-27    7.  Each school district shall prepare and administer before the

9-28  beginning of each school year a developmental screening test to a child:

9-29    (a) Who is 7 years of age on or before September 30 of the next school

9-30  year; and

9-31    (b) Whose parents waived his attendance from kindergarten pursuant to

9-32  subsection 4,

9-33  to determine whether the child is prepared developmentally to be admitted

9-34  to the first grade. The results of the test must be made available to the

9-35  parents, custodial parent, guardian or other person within the State of

9-36  Nevada having control or charge of the child.

9-37    8.  A child who becomes a resident of this state after completing

9-38  kindergarten or beginning first grade in another state in accordance with

9-39  the laws of that state may be admitted to the grade he was attending or

9-40  would be attending had he remained a resident of the other state regardless

9-41  of his age, unless the board of trustees of the school district determines that

9-42  the requirements of this section are being deliberately circumvented.

9-43    9.  As used in this section, “kindergarten” includes:

9-44    (a) A kindergarten established by the board of trustees of a school

9-45  district pursuant to NRS 388.060; [and]

9-46    (b) A kindergarten established by the governing body of a charter

9-47  school; and

 

10-1    (c) An authorized program of instruction for kindergarten offered in a

10-2  child’s home pursuant to NRS 388.060.

10-3    Sec. 9.  This act becomes effective on July 1, 2001.

 

10-4  H