ASSEMBLY ACTION Initial and Date |SENATE ACTION Initial and Date
Adopted Lost | Adopted Lost
Concurred In Not
|Concurred In Not
Receded Not | Receded Not
Amend sec. 2, pages 2 and 3, by deleting lines 35 through 45 on page 2 and lines 1 through 14 on page 3, and inserting:
“1. Each applicant for employment with a charter school, except a licensed teacher or other person licensed by the Superintendent of Public Instruction, must, as a condition to employment, submit to the governing body of the charter school a complete set of his fingerprints and written permission authorizing the governing body to forward the fingerprints to the Central Repository for Nevada Records of Criminal History for its report on the criminal history of the applicant and for submission to the Federal Bureau of Investigation for its report on the criminal history of the applicant.
2. If the reports on the criminal history of an applicant indicate that the applicant has not been convicted of a felony or an offense involving moral turpitude, the governing body of the charter school may employ the applicant.
3. If a report on the criminal history of an applicant indicates that the applicant has been convicted of a felony or an offense involving moral turpitude and the governing body of the charter school does not disqualify the applicant from further consideration of employment on the basis of that report, the governing body shall, upon the written authorization of the applicant, forward a copy of the report to the Superintendent of Public Instruction. If the applicant refuses to provide his written authorization to forward a copy of the report pursuant to this subsection, the charter school shall not employ the applicant.
4. The Superintendent of Public Instruction, or his designee, shall promptly review the report to determine whether the conviction of the applicant is related or unrelated to the position with the charter school for which the applicant has applied. If the applicant desires employment with the charter school, he shall, upon the request of the Superintendent of Public Instruction or his designee, provide any further information that the Superintendent or his designee determines is necessary to make the determination. If the governing body of the charter school desires to employ the applicant, the governing body shall, upon the request of the Superintendent of Public Instruction or his designee, provide any further information that the Superintendent or his designee determines is necessary to make the determination. The Superintendent of Public Instruction, or his designee, shall provide written notice of the determination to the applicant and to the governing body of the charter school.
5. If the Superintendent of Public Instruction, or his designee, determines that the conviction of the applicant is related to the position with the charter school for which the applicant has applied, the governing body of the charter school shall not employ the applicant. If the Superintendent of Public Instruction, or his designee, determines that the conviction of the applicant is unrelated to the position with the charter school for which the applicant has applied, the governing body of the charter school may employ the applicant for that position.”.
Amend sec. 4, page 3, after line 45, by inserting:
“4. If an application to form a charter school that is dedicated to providing educational programs and opportunities for pupils who are at risk is approved, the governing body of the charter school shall, on or before November 1 of each year, submit a report to the sponsor of the charter school that includes demographic information concerning the pupils enrolled in the charter school and other information to demonstrate that the charter school is dedicated to providing educational programs and opportunities to pupils who are at risk in compliance with its written charter. The State Board shall adopt regulations setting forth the action, if any, that may be taken against a charter school if the sponsor determines that the charter school is not dedicated to providing educational programs and opportunities to pupils who are at risk in compliance with its written charter.”.
Amend sec. 5, page 4, lines 2 through 9 by deleting the brackets and strike-through.
Amend sec. 5, page 4, by deleting lines 10 through 28 and inserting:
“2. The State Board shall sponsor charter schools whose applications have been approved by the State Board pursuant to NRS 386.525. Except as otherwise provided by specific statute, if the State Board sponsors a charter school, the State Board or the Department shall be responsible for the evaluation, monitoring and oversight of the charter school.”.
Amend the bill as a whole by deleting sec. 6 and adding:
“Sec. 6. (Deleted by amendment.)”.
Amend sec. 7, pages 6 and 7, by deleting lines 39 through 45 on page 6 and lines 1 through 45 on page 7, and inserting:
“application to the board of trustees of the school district in which the proposed charter school will be located [. If applicable, a committee may submit an application] or directly to the Subcommittee on Charter Schools . [pursuant to subsection 4.] If the board of trustees of a school district receives an application to form a charter school, [it] the board of trustees shall consider the application at a [regularly scheduled] meeting that must be held not later than [30] 45 days after the receipt of the application[,] and ensure that notice of the meeting has been provided pursuant to chapter 241 of NRS. The board of trustees, the Subcommittee on Charter Schools or the State Board, as applicable, shall review [an] the application to determine whether the application:
(a) Complies with NRS 386.500 to 386.610, inclusive, and section 2 of this act and the regulations applicable to charter schools; and
(b) Is complete in accordance with the regulations of the Department.
2. The Department shall assist the board of trustees of a school district in the review of an application. The board of trustees may approve an application if it satisfies the requirements of paragraphs (a) and (b) of subsection 1. The board of trusteesshall provide written notice to the applicant of its approval or denial of the application.
3. If the board of trustees denies an application, it shall include in the written notice the reasons for the denial and the deficiencies in the application. The applicant must be granted 30 days after receipt of the written notice to correct any deficiencies identified in the written notice and resubmit the application.
4. If the board of trustees denies an application after it has been resubmitted pursuant to subsection 3, the applicant may submit a written request for sponsorship by the State Board to the Subcommittee on Charter Schools created pursuant to NRS 386.507 not more than 30 days after receipt of the written notice of denial. [If an applicant proposes to form a charter school exclusively for the enrollment of pupils who receive special education pursuant to NRS 388.440 to 388.520, inclusive, the applicant may submit the written request and application directly to the Subcommittee without first seeking approval from the board of trustees of a school district.] Any request that is submitted pursuant to this subsection must be accompanied by the application to form the charter school.
5. If the Subcommittee receives [a request] an applicationpursuant to subsection 1 or4, it shall hold a meeting to consider the [request and the] application. The meeting must be held not later than [30] 45 days after receipt of the application. Notice of the meeting must be posted in accordance with chapter 241 of NRS. The Subcommittee shall review the application in accordance with the factors set forth in paragraphs (a) and (b) of subsection 1. The Subcommittee shall approve an application if it satisfies the requirements of paragraphs (a) and (b) of subsection 1.”.
Amend sec.
7, page 8, line 1, by deleting “6.]”
and inserting “6.”.
Amend sec. 7, page 8, by deleting line 4 and inserting:
“of the meeting of the Subcommittee pursuant to subsection 5, the”.
Amend sec. 7, page 8, line 14, by deleting “[7.]5.” and inserting “7.”.
Amend sec. 8, page 8, lines 20 through 31 by deleting the brackets and strike-through.
Amend sec. 8, page 8, by deleting lines 41 and 42 and inserting:
“for which the charter school is authorized to operate. If the State Board is the sponsor of the charter school, the written charter”.
Amend sec. 8, page 9, line 24, after “the” by inserting:
“governing body of the”.
Amend sec. 8, page 9, line 25, after “school.” by inserting:
“If such an application is approved, the charter school may continue to operate under the same governing body and an additional governing body does not need to be selected to operate the charter school with the expanded grade levels.”.
Amend sec. 8, page 9, lines 43 and 44 by deleting the brackets and strike-through.
Amend the bill as a whole by deleting sec. 9 and adding:
“Sec. 9. (Deleted by amendment.)”.
Amend sec. 10, pages 11 and 12, by deleting lines 33 through 45 on page 11 and lines 1 through 15 on page 12, and inserting:
“2. [At least 90 days before] Before the sponsor intends to revoke a written charter, the sponsor shall provide written notice of its intention to the governing body of the charter school . [of its intention.] The written notice must:
(a) Include a statement of the deficiencies or reasons upon which the action of the sponsor is based; [and
(b) Prescribe]
(b) Except as otherwise provided in subsection 4, prescribe a period, not less than 30 days, during which the charter school may correct the deficiencies [.] , including, without limitation, the date on which the period to correct the deficiencies begins and the date on which that period ends;
(c) The date on which the sponsor will make a determination whether the charter school has corrected the deficiencies, which determination may be made during the public hearing pursuant to paragraph (d); and
(d) The date on which the sponsor will hold a public hearing to consider whether to revoke the charter.
3. Except as otherwise provided in subsection 4, not more than 90 days after the notice is provided pursuant to subsection 2, the sponsor shall hold a public hearing to make a determination whether to revoke the written charter. If the charter school corrects the deficiencies to the satisfaction of the sponsor within the time prescribed in paragraph (b) [,] of subsection 2, the sponsor shall not revoke the written charter of the charter school. The sponsor may not include in a written notice pursuant to subsection 2 any deficiency which was included in a previous written notice and which was corrected by the charter school, unless the deficiency recurred after being corrected.
4. The sponsor of a charter school and the governing body of the charter school may enter into a written agreement that prescribes different time periods than those set forth in subsections 2 and 3.”.
Amend the bill as a whole by deleting sec. 11 and adding new sections designated sections 11 and 11.5, following sec. 10, to read as follows:
“Sec. 11. NRS 386.545 is hereby amended to read as follows:
386.545 1. The Department and the board of trustees of a school district shall:
[1.] (a) Upon request, provide information to the general public concerning the formation and operation of charter schools; and
[2.] (b) Maintain a list available for public inspection that describes the location of each charter school . [;
3.] 2. The sponsor of a charter school shall:
(a) Provide reasonable assistance to an applicant for a charter school and to a charter school in carrying out the provisions of NRS 386.500 to 386.610, inclusive [;
4.], and section 2 of this act;
(b) Provide technical and other reasonable assistance to a charter school for the operation of the charter school; and
[5.] (c) Provide information to the governing body of a charter school concerning the availability of money for the charter school, including, without limitation, money available from the Federal Government.
3. The Department shall provide appropriate information, education and training for charter schools and the governing bodies of charter schools concerning the applicable provisions of title 34 of NRS and other laws and regulations that affect charter schools and the governing bodies of charter schools.
Sec. 11.5. NRS 386.549 is hereby amended to read as follows:
386.549 1. The governing body of a charter school must consist of at least three teachers, as defined in subsection 4, and may consist of, without limitation, parents and representatives of nonprofit organizations and businesses. A majority of the members of the governing body must reside in this state. If the membership of the governing body changes, the governing body shall provide written notice to the sponsor of the charter school within 10 working days after [such] the change. A person may serve on the governing body only if he submits an affidavit to the Department indicating that the person has not been convicted of a felony or any offense involving moral turpitude.
2. The governing body of a charter school is a public body. [It] A member of the governing body of a charter school is a public officer and is subject to the applicable provisions of chapter 281 of NRS. The governing body of a charter school is hereby given such reasonable and necessary powers, not conflicting with the Constitution and the laws of the State of Nevada, as may be requisite to attain the ends for which the charter school is established and to promote the welfare of pupils who are enrolled in the charter school.
3. The governing body of a charter school shall, during each calendar quarter, hold at least one regularly scheduled public meeting in the county in which the charter school is located. Each member of the governing body may receive a salary of $80 for each meeting of the governing body that he attends, not to exceed $960 for 1 year. In addition, each member of the governing body may receive payment for travel and subsistence in the same amount that is authorized for a member of the board of trustees of a school district pursuant to NRS 386.290.
4. As used in subsection 1, “teacher” means a person who:
(a) Holds a current license to teach issued pursuant to chapter 391 of NRS; and
(b) Has at least 2 years of experience as an employed teacher.
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The term does not include a person who is employed as a
substitute teacher.”.
Amend sec. 12, page 13, line 8, after “purpose.” by inserting:
“If a charter school is sponsored by the board of trustees of a school district, the Superintendent of Public Instruction shall ensure that 0.25 percent is withheld from each quarterly apportionment made to the charter school and deposited in the Fund for Charter Schools created by NRS 386.576. If a charter school is sponsored by the State Board, the Superintendent of Public Instruction shall:
(a) Ensure that 0.25 percent is withheld from each quarterly apportionment made to the charter school and deposited in the Fund for Charter Schools created by NRS 386.576; and
(b) Ensure that 0.25 percent is withheld from each quarterly apportionment made to the charter school and ensure that the money is accounted for separately to support the activities of the State Board and the Department that are associated with the sponsorship and oversight of charter schools.”.
Amend sec. 12, page 13, by deleting lines 15 through 42 and inserting:
“3. [Upon completion of a school year, the sponsor of a charter school may request reimbursement from the governing body of the charter school for the administrative costs associated with sponsorship for that school year if the sponsor provided administrative services during that school year. Upon receipt of such a request, the governing body shall pay the reimbursement to the board of trustees of the school district, if the board of trustees sponsors the charter school, or to the Department if the State Board sponsors the charter school. If a governing body fails to pay the reimbursement, the charter school shall be deemed to have violated its written charter and the sponsor may take such action to revoke the written charter pursuant to NRS 386.535 as it deems necessary. The amount of reimbursement that a charter school may be required to pay pursuant to this subsection] At the beginning of each school year, the board of trustees of each school district that sponsors a charter school shall provide to the governing body of the charter school a statement of the administrative services, if any, that will be provided by the board of trustees during the school year. If the State Board sponsors a charter school, the Department shall provide at the beginning of each school year a statement of the administrative services, if any, that will be provided by the Department to the governing body during the school year. If the sponsor of a charter school desires to receive payment for the administrative services provided to the charter school during a school year, the sponsor shall submit to the Department, at the beginning of the school year, a request for payment from each quarterly apportionment to the charter school. If the sponsor makes such a request, the Superintendent of Public Instruction shall ensure that an amount of money is withheld from each quarterly apportionment to the charter school that is proportionate to the total amount that may be withheld in 1 school year pursuant to subsection 4 or 5, as applicable. The amount withheld must be paid to the board of trustees or, if the State Board sponsors the charter school, to the Department.
4. If the board of trustees of a school district is the sponsor of a charter school, the amount of money that may be paid to the sponsor pursuant to subsection 3 for administrative expenses in 1 school year must not exceed:
(a) For the first year of operation of the charter school, 2 percent of the total amount of money apportioned to the charter school during the year pursuant to NRS 387.124.
(b) For any year after the first year of operation of the charter school, 1 percent of the total amount of money apportioned to the charter school during the year pursuant to NRS 387.124.
[4.] 5. If the sponsor of a charter school is the State Board, the amount of money that may be paid to the Department pursuant to subsection 3 for administrative expenses in 1 school year must not exceed:
(a) For the first year of operation of the charter school, 2 percent of the total amount of money apportioned to the charter school during the year pursuant to NRS 387.124.
(b) For any year after the first year of operation of the charter school, 1.5 percent of the total amount of money apportioned to the charter school during the year pursuant to NRS 387.124.
6. To determine the amount of money for distribution to a”.
Amend sec. 12, page 14, line 11, by deleting “5.” and inserting “[5.] 7.”.
Amend sec. 12, page 14, line 16, by deleting “6.” and inserting “[6.] 8.”.
Amend sec. 12, page 14, line 27, by deleting “7.” and inserting “[7.] 9.”.
Amend the bill as a whole by adding a new section designated sec. 12.5, following sec. 12, to read as follows:
“Sec. 12.5. NRS 386.590 is hereby amended to read as follows:
386.590 1. Except as otherwise provided in this subsection, at least 70 percent of the teachers who provide instruction at a charter school must be licensed teachers. If a charter school is a vocational school, the charter school shall, to the extent practicable, ensure that at least 70 percent of the teachers who provide instruction at the school are licensed teachers, but in no event may more than 50 percent of the teachers who provide instruction at the school be unlicensed teachers.
2. A governing body of a charter school shall employ:
(a) If the charter school offers instruction in kindergarten or grade 1, 2, 3, 4 or 5, a licensed teacher to teach pupils who are enrolled in those grades.
(b) If the charter school offers instruction in grade 6, 7, 8, 9, 10, 11 or 12, a licensed teacher to teach pupils who are enrolled in those grades for the following courses of study:
(1) English, including reading, composition and writing;
(2) Mathematics;
(3) Science; and
(4) Social studies, which includes only the subjects of history, geography, economics and government.
(c) In addition to the requirements of paragraphs (a) and (b):
(1) If a charter school specializes in arts and humanities, physical education or health education, a licensed teacher to teach those courses of study.
(2) If a charter school specializes in the construction industry or other building industry, licensed teachers to teach courses of study relating to the industry if those teachers are employed full time.
(3) If a charter school specializes in the construction industry or other building industry and the school offers courses of study in computer education, technology or business, licensed teachers to teach those courses of study if those teachers are employed full time.
3. [A]Except as otherwise provided in section 2 of this act, a charter school may employ a person who is not licensed pursuant to the provisions of chapter 391 of NRS to teach a course of study for which a licensed teacher is not required pursuant to subsection 2 if the person has:
(a) A degree, a license or a certificate in the field for which he is employed to teach at the charter school; and
(b) At least 2 years of experience in that field.
4. [A]Except as otherwise provided in section 2 of this act, a charter school may employ such administrators for the school as it deems necessary. A person employed as an administrator must possess:
(a) A master’s degree in school administration, public administration or business administration; or
(b) If the person has at least 5 years of experience in administration, a baccalaureate degree.
5. A charter school shall not employ a person pursuant to this section if his license to teach or provide other educational services has been revoked or suspended in this state or another state.
6. On or before November 15 of each year, a charter school shall submit to the Department, in a format prescribed by the Superintendent of Public Instruction, the following information for each licensed employee who is employed by the governing body on October 1 of that year:
(a) The amount of salary of the employee; and
(b) The designated assignment, as that term is defined by the Department, of the employee.”.
Amend the bill as a whole by adding new sections designated sections 13.1 through 13.9, following sec. 13, to read as follows:
“Sec. 13.1. NRS 388.838 is hereby amended to read as follows:
388.838 1. The board of trustees of a school district or the governing body of a charter school may submit an application to the Department to provide a program of distance education. In addition, a committee to form a charter school may submit an application to the Department to provide a program of distance education if the application to form the charter school submitted by the committee pursuant to NRS 386.520 indicates that the charter school intends to provide a program of distance education.
2. An applicant to provide a program of distance education may seek approval to provide a program that is comprised of one or more courses of distance education included on the list of courses approved by the Department pursuant to NRS 388.834 or a program that is comprised of one or more courses of distance education which have not been reviewed by the Department before submission of the application.
3. An application to provide a program of distance education must include:
(a) All the information prescribed by the State Board by regulation.
(b) Except as otherwise provided in this paragraph, proof satisfactory to the Department that the program satisfies all applicable statutes and regulations. The proof required by this paragraph shall be deemed satisfied if the program is comprised only of courses of distance education approved by the Department pursuant to NRS 388.834 before submission of the application.
4. [The] Except as otherwise provided in this subsection, the Department shall approve an application submitted pursuant to this section if the application satisfies the requirements of NRS 388.820 to 388.874, inclusive, and all other applicable statutes and regulations. The Department shall deny an application to provide a program of distance education submitted by a committee to form a charter school if that committee’s application to form a charter school is denied. The Department shall provide written notice to the applicant of the Department’s approval or denial of the application.
5. If the Department denies an application, the Department shall include in the written notice the reasons for the denial and the deficiencies of the application. The applicant must be granted 30 days after receipt of the written notice to correct any deficiencies identified in the written notice and resubmit the application. The Department shall approve an application that has been resubmitted pursuant to this subsection if the application satisfies the requirements of NRS 388.820 to 388.874, inclusive, and all other applicable statutes and regulations.
Sec. 13.3. NRS 388.854 is hereby amended to read as follows:
388.854 1. Except as otherwise provided in this subsection, before a pupil may enroll full time or part time in a program of distance education that is provided by a school district other than the school district in which the pupil resides, the pupil must obtain the written permission of the board of trustees of the school district in which the pupil resides. Before a pupil who is enrolled in a public school of a school district may enroll part time in a program of distance education that is provided by a charter school, the pupil must obtain the written permission of the board of trustees of the school district in which the pupil resides. A pupil who enrolls full time in a program of distance education that is provided by a charter school is not required to obtain the approval of the board of trustees of the school district in which the pupil resides.
2. If the board of trustees of a school district grants permission pursuant to subsection 1, the board of trustees shall enter into a written agreement with the board of trustees or governing body, as applicable, that provides the program of distance education. A separate agreement must be prepared for each year that a pupil enrolls in a program of distance education. The written agreement must:
(a) Contain a statement prepared by the board of trustees of the school district in which the pupil resides indicating that the board of trustees understands that the Superintendent of Public Instruction will make appropriate adjustments in the apportionments to the school district pursuant to NRS 387.124 to account for the pupil’s enrollment in the program of distance education;
(b) If the pupil plans to enroll part time in the program of distance education, contain a statement prepared by the board of trustees of the school district in which the pupil resides and the board of trustees or governing body that provides the program of distance education setting forth the percentage of the total time services will be provided to the pupil through the program of distance education per school day in proportion to the total time services are provided during a school day to pupils who are counted pursuant to subparagraph (2) of paragraph (a) of subsection 1 of NRS 387.1233 for the school district in which the pupil resides;
(c) Be signed by the board of trustees of the school district in which the pupil resides and the board of trustees or governing body that provides the program of distance education; and
(d) Include any other information required by the State Board by regulation.
3. On or before [September 1] the last day of the first school month of each
school year or [January]
February 1 of each school year, as applicable
for the semester of enrollment, a written agreement must be filed with the
Superintendent of Public Instruction for each pupil who is enrolled full time
in a program of distance education provided by a school district other than the
school district in which the pupil resides. On or before [September 1 or January]the last day of the first school month
of each school year or February 1 of each school year, as applicable for the semester of
enrollment, a written agreement must be filed with the Superintendent of Public
Instruction for each pupil who is enrolled in a public school of the school district
and who is enrolled part time in a program of distance education provided by a
charter school. If an agreement is not filed for a pupil who is enrolled in a
program of distance education as required by this section, the Superintendent
of Public Instruction shall not apportion money for that pupil to the board of
trustees of the school district in which the pupil resides, or the board of
trustees or governing body that provides the program of distance education.
Sec. 13.5. NRS 388.858 is hereby amended to read as follows:
388.858 1. If a pupil is enrolled in a charter school, he may enroll full time in a program of distance education only if the charter school in which he is enrolled provides the program of distance education.
2. Before a pupil who is enrolled in a charter school may enroll part time in a program of distance education that is provided by a school district or another charter school, the pupil must obtain the written permission of the governing body of the charter school in which the pupil is enrolled.
3. If the governing body of a charter school grants permission pursuant to subsection 2, the governing body shall enter into a written agreement with the board of trustees or governing body, as applicable, that provides the program of distance education. A separate agreement must be prepared for each year that a pupil enrolls in a program of distance education. The written agreement must:
(a) Contain a statement prepared by the governing body of the charter school in which the pupil is enrolled indicating that the governing body understands that the Superintendent of Public Instruction will make appropriate adjustments in the apportionments to the charter school pursuant to NRS 387.124 to account for the pupil’s enrollment in the program of distance education;
(b) Contain a statement prepared by the governing body of the charter school in which the pupil is enrolled and the board of trustees or governing body that provides the program of distance education setting forth the percentage of the total time services will be provided to the pupil through the program of distance education per school day in proportion to the total time services are provided during a school day to pupils who are counted pursuant to subparagraph (2) of paragraph (a) of subsection 1 of NRS 387.1233 for the school district in which the pupil resides;
(c) Be signed by the governing body of the charter school in which the pupil is enrolled and the board of trustees or governing body that provides the program of distance education; and
(d) Include any other information required by the State Board by regulation.
4. On or before [September 1 or
January] the last day of the first school month
of each school year or February 1 of each schoolyear,
as applicable for the semester of enrollment, a written agreement must be filed
with the Superintendent of Public Instruction for each pupil who is enrolled in
a charter school and who is enrolled part time in a program of distance
education provided by a school district or another charter school. If an
agreement is not filed for such a pupil, the Superintendent of Public
Instruction shall not apportion money for that pupil to the governing body of
the charter school in which the pupil is enrolled, or the board of trustees or
governing body that provides the program of distance education.
Sec. 13.7. NRS 388.866 is hereby amended to read as follows:
388.866 1. The board of trustees of a school district or the governing body of a charter school that provides a program of distance education shall ensure that, for each course offered through the program, a teacher:
(a) Provides the work assignments to each pupil enrolled in the course that are necessary for the pupil to complete the course; and
(b) Meets or otherwise communicates with the pupil at least once each week during the course to discuss the pupil’s progress.
2. If a course offered through a program of distance education is a core academic subject, as defined in NRS 389.018, the teacher who fulfills the requirements of subsection 1 must be a [licensed teacher.] :
(a) Licensed teacher; or
(b) Teacher, instructor or professor who provides instruction at a community college or university.
Sec. 13.9. NRS 388.874 is hereby amended to read as follows:
388.874 1. The State Board shall adopt regulations that prescribe:
(a) The process for submission of an application by a person or entity for inclusion of a course of distance education on the list prepared by the Department pursuant to NRS 388.834 and the contents of the application;
(b) The process for submission of an application by the board of trustees of a school district , [or] the governing body of a charter school or a committee to form a charter school to provide a program of distance education and the contents of the application;
(c) The qualifications and conditions for enrollment that a pupil must satisfy to enroll in a program of distance education, consistent with NRS 388.850;
(d) A method for reporting to the Department the number of pupils who are enrolled in a program of distance education and the attendance of those pupils;
(e) The requirements for assessing the achievement of pupils who are enrolled in a program of distance education, which must include, without limitation, the administration of the achievement and proficiency examinations required pursuant to NRS 389.015 and 389.550; and
(f) A written description of the process pursuant to which the State Board may revoke its approval for the operation of a program of distance education.
2. The State Board may adopt regulations as it determines are necessary to carry out the provisions of NRS 388.820 to 388.874, inclusive.”.
Amend the bill as whole by deleting sections 15 and 16 and adding new sections designated sections 15 and 16, following sec. 14, to read as follows:
“Sec. 15. NRS 391.033 is hereby amended to read as follows:
FIRST
PARALLEL SECTION
391.033 1. All
licenses for teachers and other educational personnel are granted by the
Superintendent of Public Instruction pursuant to regulations adopted by the
Commission and as otherwise provided by law.
2. An application for the issuance of a license must include the social security number of the applicant.
3. Every applicant for a license must submit with his application a complete set of his fingerprints and written permission authorizing the Superintendent to forward the fingerprints to the Federal Bureau of Investigation and to the Central Repository for Nevada Records of Criminal History for their reports on the criminal history of the applicant.
4. The Superintendent may issue a provisional license pending receipt of the reports of the Federal Bureau of Investigation and the Central Repository for Nevada Records of Criminal History if he determines that the applicant is otherwise qualified.
5. A license must be issued to an applicant if:
(a) The Superintendent determines that the applicant is qualified;
(b) The reports on the criminal history of the applicant from the Federal Bureau of Investigation and the Central Repository for Nevada Records of Criminal History:
(1) Do not indicate that the applicant has been convicted of a felony or any offense involving moral turpitude; or
(2) Indicate that the applicant has been convicted of a felony or an offense involving moral turpitude but the Superintendent determines that the conviction is unrelated to the position within the county school district or charter school for which the applicant applied; and
(c) The applicant submits the statement required pursuant to NRS 391.034.
Sec. 16. NRS 179A.075 is hereby amended to read as follows:
179A.075 1. The Central Repository for Nevada Records of Criminal History is hereby created within the Nevada Highway Patrol Division of the Department.
2. Each agency of criminal justice and any other agency dealing with crime or delinquency of children shall:
(a) Collect and maintain records, reports and compilations of statistical data required by the Department; and
(b) Submit the information collected to the Central Repository in the manner recommended by the Advisory Committee and approved by the Director of the Department.
3. Each agency of criminal justice shall submit the information relating to sexual offenses and other records of criminal history that it creates or issues, and any information in its possession relating to the genetic markers of a biological specimen of a person who is convicted of an offense listed in subsection 4 of NRS 176.0913, to the Division in the manner prescribed by the Director of the Department. The information must be submitted to the Division:
(a) Through an electronic network;
(b) On a medium of magnetic storage; or
(c) In the manner prescribed by the Director of the Department,
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within the period prescribed by the Director of the
Department. If an agency has submitted a record regarding the arrest of a
person who is later determined by the agency not to be the person who committed
the particular crime, the agency shall, immediately upon making that
determination, so notify the Division. The Division shall delete all references
in the Central Repository relating to that particular arrest.
4. The Division shall, in the manner prescribed by the Director of the Department:
(a) Collect, maintain and arrange all information submitted to it relating to:
(1) Sexual offenses and other records of criminal history; and
(2) The genetic markers of a biological specimen of a person who is convicted of an offense listed in subsection 4 of NRS 176.0913.
(b) When practicable, use a record of the personal identifying information of a subject as the basis for any records maintained regarding him.
(c) Upon request, provide the information that is contained in the Central Repository to the State Disaster Identification Team of the Division of Emergency Management of the Department.
5. The Division may:
(a) Disseminate any information which is contained in the Central Repository to any other agency of criminal justice;
(b) Enter into cooperative agreements with federal and state repositories to facilitate exchanges of information that may be disseminated pursuant to paragraph (a); and
(c) Request of and receive from the Federal Bureau of Investigation information on the background and personal history of any person whose record of fingerprints the Central Repository submits to the Federal Bureau of Investigation and:
(1) Who has applied to any agency of the State of Nevada or any political subdivision thereof for a license which it has the power to grant or deny;
(2) With whom any agency of the State of Nevada or any political subdivision thereof intends to enter into a relationship of employment or a contract for personal services;
(3) About whom any agency of the State of Nevada or any political subdivision thereof has a legitimate need to have accurate personal information for the protection of the agency or the persons within its jurisdiction; or
(4) For whom such information is required to be obtained pursuant to NRS 449.179.
6. The Central Repository shall:
(a) Collect and maintain records, reports and compilations of statistical data submitted by any agency pursuant to subsection 2.
(b) Tabulate and analyze all records, reports and compilations of statistical data received pursuant to this section.
(c) Disseminate to federal agencies engaged in the collection of statistical data relating to crime information which is contained in the Central Repository.
(d) Investigate the criminal history of any person who:
(1) Has applied to the Superintendent of Public Instruction for a license;
(2) Has applied to a county school district or charter school for employment; or
(3) Is employed by a county school district[,] or charter school,
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and notify the superintendent of each county school district , the governing body of each charter
school and the Superintendent of Public Instruction if the
investigation of the Central Repository indicates that the person has been
convicted of a violation of NRS 200.508, 201.230, 453.3385, 453.339 or
453.3395, or convicted of a felony or any offense involving moral turpitude.
(e) Upon discovery, notify the superintendent of each county school district and the governing body of each charter school by providing [him with] a list of all persons:
(1) Investigated pursuant to paragraph (d); or
(2) Employed by a county school district or charter school whose fingerprints were sent previously to the Central Repository for investigation,
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who the Central Repository’s records indicate have been
convicted of a violation of NRS 200.508, 201.230, 453.3385, 453.339 or
453.3395, or convicted of a felony or any offense involving moral turpitude
since the Central Repository’s initial investigation. The superintendent of
each county school district or the
governing body of a charter school, as applicable, shall
determine whether further investigation or action by the district or governing body is
appropriate.
(f) Investigate the criminal history of each person who submits fingerprints or has his fingerprints submitted pursuant to NRS 449.176 or 449.179.
(g) On or before July 1 of each year, prepare and present to the Governor a printed annual report containing the statistical data relating to crime received during the preceding calendar year. Additional reports may be presented to the Governor throughout the year regarding specific areas of crime if they are recommended by the Advisory Committee and approved by the Director of the Department.
(h) On or before July 1 of each year, prepare and submit to the Director of the Legislative Counsel Bureau, for submission to the Legislature, or the Legislative Commission when the Legislature is not in regular session, a report containing statistical data about domestic violence in this state.
(i) Identify and review the collection and processing of statistical data relating to criminal justice and the delinquency of children by any agency identified in subsection 2, and make recommendations for any necessary changes in the manner of collecting and processing statistical data by any such agency.
7. The Central Repository may:
(a) At the recommendation of the Advisory Committee and in the manner prescribed by the Director of the Department, disseminate compilations of statistical data and publish statistical reports relating to crime or the delinquency of children.
(b) Charge a reasonable fee for any publication or special report it distributes relating to data collected pursuant to this section. The Central Repository may not collect such a fee from an agency of criminal justice, any other agency dealing with crime or the delinquency of children which is required to submit information pursuant to subsection 2 or the State Disaster Identification Team of the Division of Emergency Management of the Department. All money collected pursuant to this paragraph must be used to pay for the cost of operating the Central Repository.
(c) In the manner prescribed by the Director of the Department, use electronic means to receive and disseminate information contained in the Central Repository that it is authorized to disseminate pursuant to the provisions of this chapter.
8. As used in this section:
(a) “Advisory Committee” means the Committee established by the Director of the Department pursuant to NRS 179A.078.
(b) “Personal identifying information” means any information designed, commonly used or capable of being used, alone or in conjunction with any other information, to identify a person, including, without limitation:
(1) The name, driver’s license number, social security number, date of birth and photograph or computer generated image of a person; and
(2) The fingerprints, voiceprint, retina image and iris image of a person.”.
Amend the title of the bill to read as follows:
“AN ACT relating to charter schools; requiring a charter school to pay for an additional administration of achievement and proficiency examinations under certain circumstances; requiring certain applicants for employment with a charter school to submit fingerprints as a condition to employment; prohibiting the governing body of a charter school from employing certain nonlicensed persons under certain circumstances; prescribing the circumstances under which a charter school shall be deemed a charter school that is dedicated to providing educational programs and opportunities for pupils who are at risk; revising provisions governing an application to form a charter school; revising the provisions governing the revocation of the written charter of a charter school; revising the provisions governing apportionments from the State Distributive School Account to charter schools sponsored by the State Board of Education; revising provisions governing programs of distance education; requiring the Central Repository for Nevada Records of Criminal History to investigate the criminal history of applicants for employment with a charter school; and providing other matters properly relating thereto.”.
Amend the summary of the bill to read as follows:
“SUMMARY—Makes various changes concerning charter schools and distance education programs. (BDR 34‑140)”.