Senate Bill No. 252–Committee on Human
Resources and Facilities

 

March 10, 2003

____________

 

Referred to Committee on Finance

 

SUMMARY—Makes various changes concerning charter schools. (BDR 34‑140)

 

FISCAL NOTE:  Effect on Local Government: No.

                           Effect on the State: Yes.

 

~

 

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

 

AN ACT relating to charter schools; requiring a charter school to pay for an additional administration of achievement and proficiency examinations 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; providing for sponsorship of charter schools by the State Board of Education; revising the provisions governing the revocation of the written charter of a charter school; authorizing the governing body of a charter school to request an administrative hearing concerning the pending revocation of its written charter; revising the provisions governing apportionments from the State Distributive School Account to charter schools sponsored by the State Board of Education; 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 385.368 is hereby amended to read as follows:

1-2  385.368  1.  If the Department does not designate a school

1-3  pursuant to NRS 385.364 and, in the immediately succeeding school

1-4  year, less than 90 percent of the pupils enrolled in the school who

1-5  are required to take the examinations administered pursuant to NRS

2-1  389.015 take the examinations, the Department shall designate the

2-2  school as demonstrating need for improvement and the provisions of

2-3  NRS 385.373 apply.

2-4  2.  If the Department designates a school as demonstrating need

2-5  for improvement pursuant to subsection 1:

2-6  (a) The school shall, within the same school year, administer

2-7  examinations to the pupils in the school who are enrolled in a grade

2-8  that is required to take the examinations pursuant to NRS 389.015.

2-9  The examinations must be the same examinations that are

2-10  administered to a national reference group of pupils in the same

2-11  grade. [The] Except as otherwise provided in this paragraph, the

2-12  school district shall pay for all costs related to the administration of

2-13  examinations pursuant to this paragraph. If a charter school is

2-14  required to administer examinations pursuant to this subsection,

2-15  the charter school shall pay for all costs related to the

2-16  administration of the examinations to pupils enrolled in the

2-17  charter school.

2-18      (b) The Department or its designee shall monitor at the school

2-19  the administration of the examinations that are required pursuant to

2-20  NRS 389.015 and ensure that all eligible pupils who are in

2-21  attendance on the day of the administration of the examinations are

2-22  given an opportunity to take the examinations until the school

2-23  receives a designation as demonstrating exemplary achievement,

2-24  high achievement or adequate achievement pursuant to

2-25  NRS 385.365.

2-26      3.  A school that is designated as demonstrating need for

2-27  improvement pursuant to subsection 1 is not eligible to receive

2-28  money for remedial programs made available by legislative

2-29  appropriation for the purposes of NRS 385.389.

2-30      4.  If the Department designates a school as demonstrating need

2-31  for improvement pursuant to subsection 1 for 2 or more consecutive

2-32  years, the provisions of NRS 385.375 and 385.378 apply.

2-33      Sec. 2. Chapter 386 of NRS is hereby amended by adding

2-34  thereto a new section to read as follows:

2-35      1.  Upon receiving a written request for a hearing from the

2-36  governing body of a charter school pursuant to NRS 386.535, the

2-37  State Board shall request from the American Arbitration

2-38  Association a list of seven potential arbitrators to act as hearing

2-39  officers. The State Board and the governing body shall select a

2-40  person to serve as hearing officer from the list provided by

2-41  alternately striking one name until the name of only one arbitrator

2-42  remains. The State Board shall strike the first name.

2-43      2.  The hearing officer selected shall, within 30 days after his

2-44  selection, conduct a hearing concerning the pending revocation of

2-45  the written charter of the charter school. Within 15 days after the

3-1  conclusion of the hearing, the hearing officer shall prepare and

3-2  file with the State Board a report containing:

3-3  (a) A recommendation as to whether the written charter of the

3-4  charter school should be revoked; and

3-5  (b) Findings of fact and conclusions of law that support the

3-6  recommendation.

3-7  3.  The State Board may accept or reject the recommendation

3-8  and shall notify the governing body of the charter school in

3-9  writing of its decision. The decision of the State Board is a final

3-10  decision in a contested case and may be appealed by the governing

3-11  body if the requirements of NRS 233B.130 are satisfied.

3-12      4.  The sponsor of the charter school and the governing body

3-13  of the charter school are equally responsible for the payment of

3-14  the reasonable compensation of the hearing officer.

3-15      Sec. 3.  NRS 386.500 is hereby amended to read as follows:

3-16      386.500  For the purposes of NRS 386.500 to 386.610,

3-17  inclusive, and section 2 of this act, a pupil is “at risk” if he has an

3-18  economic or academic disadvantage such that he requires special

3-19  services and assistance to enable him to succeed in educational

3-20  programs. The term includes, without limitation, pupils who are

3-21  members of economically disadvantaged families, pupils with

3-22  limited proficiency in the English language, pupils who are at risk of

3-23  dropping out of high school and pupils who do not meet minimum

3-24  standards of academic proficiency. The term does not include a

3-25  pupil with a disability.

3-26      Sec. 4.  NRS 386.510 is hereby amended to read as follows:

3-27      386.510  1.  Except as otherwise provided in subsection 2:

3-28      (a) In a county whose population is [more than 400,000,]

3-29  400,000 or more, two charter schools may be formed per every

3-30  75,000 pupils who are enrolled in public schools in the county

3-31  school district.

3-32      (b) In a county whose population is [more than] 100,000 or

3-33  more but less than 400,000, two charter schools may be formed.

3-34      (c) In a county whose population is less than 100,000, one

3-35  charter school may be formed.

3-36      2.  The limitations set forth in subsection 1 do not apply to

3-37  charter schools that are dedicated to providing educational programs

3-38  and opportunities for pupils who are at risk.

3-39      3.  For the purposes of subsection 2, a charter school shall be

3-40  deemed a charter school that is dedicated to providing educational

3-41  programs and opportunities for pupils who are at risk if the

3-42  charter school offers educational programs and opportunities to

3-43  pupils who are at risk in accordance with its written charter,

3-44  regardless of the actual number or percentage of such pupils who

3-45  are enrolled in the charter school.

4-1  Sec. 5.  NRS 386.515 is hereby amended to read as follows:

4-2  386.515  1.  [The board of trustees of a school district may

4-3  apply to the Department for authorization to sponsor charter schools

4-4  within the school district. An application must be approved by the

4-5  Department before the board of trustees may sponsor a charter

4-6  school. Not more than 180 days after receiving approval to sponsor

4-7  charter schools, the board of trustees shall provide public notice of

4-8  its ability to sponsor charter schools and solicit applications for

4-9  charter schools.

4-10      2.] The State Board shall serve as the sole sponsor of charter

4-11  schools for schools whose applications have been approved by the

4-12  State Board pursuant to NRS 386.525[.] on or after July 1, 2003.

4-13      2.  A charter school that is sponsored by the board of trustees

4-14  of a school district on June 30, 2003, may:

4-15      (a) Elect to continue to be sponsored by the board of trustees

4-16  until the expiration or revocation of the written charter of the

4-17  charter school; or

4-18      (b) Submit to the State Board a written request to amend the

4-19  written charter to provide that the charter school will be sponsored

4-20  by the State Board until the expiration or revocation of the written

4-21  charter. The State Board shall approve the request if the charter

4-22  school complies with the provisions of NRS 386.500 to 386.610,

4-23  inclusive, and section 2 of this act.

4-24      3.  If the governing body of a charter school elects to continue

4-25  to be sponsored by the board of trustees of a school district, the

4-26  governing body may, upon expiration of the written charter,

4-27  submit an application for renewal of the written charter to the

4-28  State Board pursuant to NRS 386.530.

4-29      Sec. 6.  NRS 386.520 is hereby amended to read as follows:

4-30      386.520  1.  A committee to form a charter school must

4-31  consist of at least three teachers, as defined in subsection 4. In

4-32  addition to the teachers who serve, the committee may consist of:

4-33      (a) Members of the general public;

4-34      (b) Representatives of nonprofit organizations and businesses;

4-35  or

4-36      (c) Representatives of a college or university within the

4-37  University and Community College System of Nevada.

4-38  A majority of the persons described in paragraphs (a), (b) and (c)

4-39  who serve on the committee must be residents of this state at the

4-40  time that the application to form the charter school is submitted to

4-41  the Department.

4-42      2.  Before a committee to form a charter school may submit an

4-43  application to [the board of trustees of a school district,] the

4-44  Subcommittee on Charter Schools [or the State Board, it] , the

4-45  committee to form a charter school must submit the application to

5-1  the Department. The application must include all information

5-2  prescribed by the Department by regulation and:

5-3  (a) A written description of how the charter school will carry out

5-4  the provisions of NRS 386.500 to 386.610, inclusive[.] , and

5-5  section 2 of this act.

5-6  (b) A written description of the mission and goals for the charter

5-7  school. A charter school must have as its stated purpose at least one

5-8  of the following goals:

5-9       (1) Improving the opportunities for pupils to learn;

5-10          (2) Encouraging the use of effective methods of teaching;

5-11          (3) Providing an accurate measurement of the educational

5-12  achievement of pupils;

5-13          (4) Establishing accountability of public schools;

5-14          (5) Providing a method for public schools to measure

5-15  achievement based upon the performance of the schools; or

5-16          (6) Creating new professional opportunities for teachers.

5-17      (c) The projected enrollment of pupils in the charter school.

5-18      (d) The proposed dates of enrollment for the charter school.

5-19      (e) The proposed system of governance for the charter school,

5-20  including, without limitation, the number of persons who will

5-21  govern, the method of selecting the persons who will govern and the

5-22  term of office for each person.

5-23      (f) The method by which disputes will be resolved between the

5-24  governing body of the charter school and the sponsor of the charter

5-25  school.

5-26      (g) The proposed curriculum for the charter school and, if

5-27  applicable to the grade level of pupils who are enrolled in the

5-28  charter school, the requirements for the pupils to receive a high

5-29  school diploma, including, without limitation, whether those pupils

5-30  will satisfy the requirements of the school district in which the

5-31  charter school is located for receipt of a high school diploma.

5-32      (h) The textbooks that will be used at the charter school.

5-33      (i) The qualifications of the persons who will provide instruction

5-34  at the charter school.

5-35      (j) Except as otherwise required by NRS 386.595, the process by

5-36  which the governing body of the charter school will negotiate

5-37  employment contracts with the employees of the charter school.

5-38      (k) A financial plan for the operation of the charter school. The

5-39  plan must include, without limitation, procedures for the audit of the

5-40  programs and finances of the charter school and guidelines for

5-41  determining the financial liability if the charter school is

5-42  unsuccessful.

5-43      (l) A statement of whether the charter school will provide for the

5-44  transportation of pupils to and from the charter school. If the charter

5-45  school will provide transportation, the application must include the

6-1  proposed plan for the transportation of pupils. If the charter school

6-2  will not provide transportation, the application must include a

6-3  statement that the charter school will work with the parents and

6-4  guardians of pupils enrolled in the charter school to develop a plan

6-5  for transportation to ensure that pupils have access to transportation

6-6  to and from the charter school.

6-7  (m) The procedure for the evaluation of teachers of the charter

6-8  school, if different from the procedure prescribed in NRS 391.3125.

6-9  If the procedure is different from the procedure prescribed in NRS

6-10  391.3125, the procedure for the evaluation of teachers of the charter

6-11  school must provide the same level of protection and otherwise

6-12  comply with the standards for evaluation set forth in NRS 391.3125.

6-13      (n) The time by which certain academic or educational results

6-14  will be achieved.

6-15      (o) The kind of school, as defined in subsections 1 to 4,

6-16  inclusive, of NRS 388.020, for which the charter school intends to

6-17  operate.

6-18      3.  The Department shall review an application to form a charter

6-19  school to determine whether it is complete. If an application

6-20  proposes to convert an existing public school, home school or other

6-21  program of home study into a charter school, the Department shall

6-22  deny the application. The Department shall provide written notice to

6-23  the applicant of its approval or denial of the application. If the

6-24  Department denies an application, the Department shall include in

6-25  the written notice the reason for the denial and the deficiencies in

6-26  the application. The applicant must be granted 30 days after receipt

6-27  of the written notice to correct any deficiencies identified in the

6-28  written notice and resubmit the application.

6-29      4.  As used in subsection 1, “teacher” means a person who:

6-30      (a) Holds a current license to teach issued pursuant to chapter

6-31  391 of NRS; and

6-32      (b) Has at least 2 years of experience as an employed

6-33  teacher.

6-34  The term does not include a person who is employed as a substitute

6-35  teacher.

6-36      Sec. 7.  NRS 386.525 is hereby amended to read as follows:

6-37      386.525  1.  Upon approval of an application by the

6-38  Department, a committee to form a charter school may submit the

6-39  application to the [board of trustees of the school district in which

6-40  the proposed charter school will be located. If applicable, a

6-41  committee may submit an application directly to the] Subcommittee

6-42  on Charter Schools [pursuant to subsection 4. If the board of trustees

6-43  of a school district receives an application to form a charter school,

6-44  it] , which shall consider the application at a [regularly scheduled]

6-45  meeting that must be held not later than 30 days after the receipt of

7-1  the application[,] and ensure that notice of the meeting has been

7-2  provided pursuant to chapter 241 of NRS. The [board of trustees,

7-3  the] Subcommittee on Charter Schools [or the State Board, as

7-4  applicable,] shall review [an] the application to determine whether

7-5  [the application:] it:

7-6  (a) Complies with NRS 386.500 to 386.610, inclusive, and

7-7  section 2 of this act and the regulations applicable to charter

7-8  schools; and

7-9  (b) Is complete in accordance with the regulations of the

7-10  Department.

7-11      2.  The Department shall assist the [board of trustees of a school

7-12  district in the review of an] Subcommittee on Charter Schools in

7-13  reviewing the application. The [board of trustees may]

7-14  Subcommittee on Charter Schools shall approve an application if it

7-15  satisfies the requirements of paragraphs (a) and (b) of subsection 1.

7-16  The [board of trustees] Subcommittee on Charter Schools shall

7-17  provide written notice to the applicant of its approval or denial of

7-18  the application.

7-19      3.  If the [board of trustees] Subcommittee on Charter Schools

7-20  denies an application, it shall include in the written notice the

7-21  reasons for the denial and the deficiencies in the application. The

7-22  applicant must be granted 30 days after receipt of the written notice

7-23  to correct any deficiencies identified in the written notice and

7-24  resubmit the application.

7-25      4.  [If the board of trustees denies an application after it has

7-26  been resubmitted pursuant to subsection 3, the applicant may submit

7-27  a written request for sponsorship by the State Board to the

7-28  Subcommittee on Charter Schools created pursuant to NRS 386.507

7-29  not more than 30 days after receipt of the written notice of denial. If

7-30  an applicant proposes to form a charter school exclusively for the

7-31  enrollment of pupils who receive special education pursuant to NRS

7-32  388.440 to 388.520, inclusive, the applicant may submit the written

7-33  request and application directly to the Subcommittee without first

7-34  seeking approval from the board of trustees of a school district. Any

7-35  request that is submitted pursuant to this subsection must be

7-36  accompanied by the application to form the charter school.

7-37      5.  If the Subcommittee receives a request pursuant to

7-38  subsection 4, it shall hold a meeting to consider the request and the

7-39  application. The meeting must be held not later than 30 days after

7-40  receipt of the application. Notice of the meeting must be posted in

7-41  accordance with chapter 241 of NRS. The Subcommittee shall

7-42  review the application in accordance with the factors set forth in

7-43  paragraphs (a) and (b) of subsection 1. The Subcommittee shall

7-44  approve an application if it satisfies the requirements of paragraphs

7-45  (a) and (b) of subsection 1.

8-1  6.] The Subcommittee shall transmit the application and the

8-2  recommendation of the Subcommittee for approval or denial of the

8-3  application to the State Board. Not more than 14 days after the date

8-4  of the meeting of the Subcommittee , [pursuant to subsection 5,] the

8-5  State Board shall hold a meeting to consider the recommendation of

8-6  the Subcommittee. Notice of the meeting must be posted in

8-7  accordance with chapter 241 of NRS. The State Board shall review

8-8  the application in accordance with the factors set forth in paragraphs

8-9  (a) and (b) of subsection 1. The State Board shall approve an

8-10  application if it satisfies the requirements of paragraphs (a) and (b)

8-11  of subsection 1. Not more than 30 days after the meeting, the State

8-12  Board shall provide written notice of its determination to the

8-13  applicant.

8-14      [7.] 5. If the State Board denies the application, the applicant

8-15  may, not more than 30 days after the receipt of the written notice

8-16  from the State Board, appeal the final determination to the district

8-17  court of the county in which the proposed charter school will be

8-18  located.

8-19      Sec. 8.  NRS 386.527 is hereby amended to read as follows:

8-20      386.527  1.  If the State Board [or the board of trustees of a

8-21  school district] approves an application to form a charter school, it

8-22  shall grant a written charter to the applicant. The State Board [or the

8-23  board of trustees, as applicable,] shall, not later than 10 days after

8-24  the approval of the application, provide written notice to the

8-25  Department of the approval and the date of the approval. [If the

8-26  board of trustees approves the application, the board of trustees shall

8-27  be deemed the sponsor of the charter school. If the State Board

8-28  approves the application:

8-29      (a) The State Board shall be deemed the sponsor of the charter

8-30  school.

8-31      (b)] Neither the State of Nevada, the State Board nor the

8-32  Department is an employer of the members of the governing body of

8-33  the charter school or any of the employees of the charter school.

8-34      2.  Except as otherwise provided in subsection 4, a written

8-35  charter must be for a term of 6 years unless the governing body of a

8-36  charter school renews its initial charter after 3 years of operation

8-37  pursuant to subsection 2 of NRS 386.530. A written charter must

8-38  include all conditions of operation set forth in paragraphs (a) to (o),

8-39  inclusive, of subsection 2 of NRS 386.520 and include the kind of

8-40  school, as defined in subsections 1 to 4, inclusive, of NRS 388.020

8-41  for which the charter school is authorized to operate. [If the State

8-42  Board is the sponsor of the charter school, the] The written charter

8-43  must set forth the responsibilities of the sponsor and the charter

8-44  school with regard to the provision of services and programs to

8-45  pupils with disabilities who are enrolled in the charter school in

9-1  accordance with the Individuals with Disabilities Education Act, 20

9-2  U.S.C. §§ 1400 et seq., and NRS 388.440 to 388.520, inclusive. As

9-3  a condition of the issuance of a written charter pursuant to this

9-4  subsection, the charter school must agree to comply with all

9-5  conditions of operation set forth in NRS 386.550.

9-6  3.  The governing body of a charter school may submit to the

9-7  sponsor of the charter school a written request for an amendment of

9-8  the written charter of the charter school. Such an amendment may

9-9  include, without limitation, the expansion of instruction and other

9-10  educational services to pupils who are enrolled in grade levels other

9-11  than the grade levels of pupils currently enrolled in the charter

9-12  school if the expansion of grade levels does not change the kind of

9-13  school, as defined in NRS 388.020, for which the charter school is

9-14  authorized to operate. If the proposed amendment complies with the

9-15  provisions of this section, NRS 386.500 to 386.610, inclusive, and

9-16  section 2 of this act and any other statute or regulation applicable to

9-17  charter schools, the sponsor shall amend the written charter in

9-18  accordance with the proposed amendment. If a charter school

9-19  wishes to expand the instruction and other educational services

9-20  offered by the charter school to pupils who are enrolled in grade

9-21  levels other than the grade levels of pupils currently enrolled in the

9-22  charter school and the expansion of grade levels changes the kind of

9-23  school, as defined in NRS 388.020, for which the charter school is

9-24  authorized to operate, the charter school must submit a new

9-25  application to form a charter school.

9-26      4.  The State Board shall adopt objective criteria for the

9-27  issuance of a written charter to an applicant who is not prepared to

9-28  commence operation on the date of issuance of the written charter.

9-29  The criteria must include, without limitation, the:

9-30      (a) Period for which such a written charter is valid; and

9-31      (b) Timelines by which the applicant must satisfy certain

9-32  requirements demonstrating its progress in preparing to commence

9-33  operation.

9-34  A holder of such a written charter may apply for grants of money to

9-35  prepare the charter school for operation. A written charter issued

9-36  pursuant to this subsection must not be designated as a conditional

9-37  charter or a provisional charter or otherwise contain any other

9-38  designation that would indicate the charter is issued for a temporary

9-39  period.

9-40      5.  The holder of a written charter that is issued pursuant to

9-41  subsection 4 shall not commence operation of the charter school and

9-42  is not eligible to receive apportionments pursuant to NRS 387.124

9-43  until the sponsor has determined that the requirements adopted [by

9-44  the State Board] pursuant to subsection 4 have been satisfied and

9-45  that the facility the charter school will occupy has been inspected

10-1  and meets the requirements of any applicable building codes, codes

10-2  for the prevention of fire, and codes pertaining to safety, health and

10-3  sanitation. Except as otherwise provided in this subsection, the

10-4  sponsor shall make such a determination 30 days before the first day

10-5  of school for the:

10-6      (a) Schools of the school district in which the charter school is

10-7  located that operate on a traditional school schedule and not a year-

10-8  round school schedule; or

10-9      (b) Charter school,

10-10  whichever date the sponsor selects. The sponsor shall not require a

10-11  charter school to demonstrate compliance with the requirements of

10-12  this subsection more than 30 days before the date selected.

10-13  However, it may authorize a charter school to demonstrate

10-14  compliance less than 30 days before the date selected.

10-15     Sec. 9.  NRS 386.530 is hereby amended to read as follows:

10-16     386.530  1.  Except as otherwise provided in subsection 2, an

10-17  application for renewal of a written charter [may] must be submitted

10-18  to the [sponsor of the charter school] State Board not less than 90

10-19  days before the expiration of the charter. The application must

10-20  include the information prescribed by the regulations of the

10-21  Department. The [sponsor] State Board shall conduct an intensive

10-22  review and evaluation of the charter school in accordance with the

10-23  regulations of the Department. The [sponsor] State Board shall

10-24  renew the charter unless it finds the existence of any ground for

10-25  revocation set forth in NRS 386.535. The [sponsor] State Board

10-26  shall provide written notice of its determination not fewer than 30

10-27  days before the expiration of the charter. If the [sponsor] State

10-28  Board intends not to renew the charter, the written notice must:

10-29     (a) Include a statement of the deficiencies or reasons upon

10-30  which the action of the [sponsor] State Board is based; and

10-31     (b) Prescribe a period of not less than 30 days during which the

10-32  charter school may correct any such deficiencies.

10-33  If the charter school corrects the deficiencies to the satisfaction of

10-34  the [sponsor] State Board within the time prescribed in paragraph

10-35  (b), the [sponsor] State Board shall renew the charter of the charter

10-36  school.

10-37     2.  A charter school may submit an application for renewal of

10-38  its initial charter after 3 years of operation of the charter school. The

10-39  application must include the information prescribed by the

10-40  regulations of the Department. The [sponsor] State Board shall

10-41  conduct an intensive review and evaluation of the charter school in

10-42  accordance with the regulations of the Department. The [sponsor]

10-43  State Board shall renew the charter unless it finds the existence of

10-44  any ground for revocation set forth in NRS 386.535. The [sponsor]

10-45  State Board shall provide written notice of its determination. If the

11-1  [sponsor] State Board intends not to renew the charter, the written

11-2  notice must:

11-3      (a) Include a statement of the deficiencies or reasons upon

11-4  which the action of the [sponsor] State Board is based; and

11-5      (b) Prescribe a period of not less than 30 days during which the

11-6  charter school may correct any such deficiencies.

11-7  If the charter school corrects the deficiencies to the satisfaction of

11-8  the [sponsor] State Board within the time prescribed in paragraph

11-9  (b), the [sponsor] State Board shall renew the charter of the charter

11-10  school.

11-11     Sec. 10.  NRS 386.535 is hereby amended to read as follows:

11-12     386.535  1.  The sponsor of a charter school may revoke the

11-13  written charter of the charter school before the expiration of the

11-14  charter if the sponsor determines that:

11-15     (a) The charter school, its officers or its employees have failed

11-16  to comply with:

11-17         (1) The terms and conditions of the written charter;

11-18         (2) Generally accepted standards of accounting and fiscal

11-19  management; or

11-20         (3) The provisions of NRS 386.500 to 386.610, inclusive,

11-21  and section 2 of this act or any other statute or regulation applicable

11-22  to charter schools;

11-23     (b) The charter school has filed for a voluntary petition of

11-24  bankruptcy, is adjudicated bankrupt or insolvent, or is otherwise

11-25  financially impaired such that the charter school cannot continue to

11-26  operate; or

11-27     (c) There is reasonable cause to believe that revocation is

11-28  necessary to protect the health and safety of the pupils who are

11-29  enrolled in the charter school or persons who are employed by the

11-30  charter school from jeopardy, or to prevent damage to or loss of the

11-31  property of the school district or the community in which the charter

11-32  school is located.

11-33     2.  At least 90 days before the sponsor intends to revoke a

11-34  written charter, the sponsor shall provide written notice of its

11-35  intention to the governing body of the charter school . [of its

11-36  intention.] The written notice must:

11-37     (a) Include a statement of the deficiencies or reasons upon

11-38  which the action of the sponsor is based; and

11-39     (b) Prescribe a period, not less than 30 days, during which the

11-40  charter school may correct the deficiencies.

11-41  If the charter school corrects the deficiencies to the satisfaction of

11-42  the sponsor within the time prescribed in paragraph (b), the sponsor

11-43  shall not revoke the written charter of the charter school.

11-44     3.  The sponsor of a charter school may not include in a

11-45  written notice pursuant to subsection 2 any deficiency which was

12-1  included in a previous written notice and which was corrected by

12-2  the charter school, unless the deficiency has recurred after being

12-3  corrected.

12-4      4.  If the sponsor of a charter school determines that the

12-5  deficiencies included in the written notice have not been corrected

12-6  to its satisfaction, the sponsor shall, at least 30 days before

12-7  revoking the written charter, serve written notice on the governing

12-8  body of the charter school of the date on which the written charter

12-9  will be revoked. The governing body of the charter school, within

12-10  15 days after service of the notice, may submit to the State Board

12-11  in writing a request for a hearing before a hearing officer to

12-12  review the pending revocation of the written charter in accordance

12-13  with the provisions of section 2 of this act. All further action by the

12-14  sponsor in furtherance of the revocation is stayed pending the

12-15  recommendation of the hearing officer.

12-16     Sec. 11.  NRS 386.540 is hereby amended to read as follows:

12-17     386.540  1.  The Department shall adopt regulations that

12-18  prescribe:

12-19     (a) [The process for submission of an application by the board

12-20  of trustees of a school district to the Department for authorization to

12-21  sponsor charter schools and the contents of the application;

12-22     (b)] The process for submission of an application to form a

12-23  charter school to the Department[, the board of trustees of a school

12-24  district] and the Subcommittee on Charter Schools, and the contents

12-25  of the application;

12-26     [(c)] (b) The process for submission of an application to renew a

12-27  written charter; and

12-28     [(d)] (c) The criteria and type of investigation that must be

12-29  applied by [the board of trustees,] the Subcommittee on Charter

12-30  Schools and the State Board in determining whether to approve an

12-31  application to form a charter school or an application to renew a

12-32  written charter.

12-33     2.  The Department may adopt regulations as it determines are

12-34  necessary to carry out the provisions of NRS 386.500 to 386.610,

12-35  inclusive, and section 2 of this act including, without limitation,

12-36  regulations that prescribe the procedures for accounting, budgeting

12-37  and annual audits of charter schools.

12-38     Sec. 12.  NRS 386.570 is hereby amended to read as follows:

12-39     386.570  1.  Each pupil who is enrolled in a charter school,

12-40  including, without limitation, a pupil who is enrolled in a program

12-41  of special education in a charter school, must be included in the

12-42  count of pupils in the school district for the purposes of

12-43  apportionments and allowances from the State Distributive School

12-44  Account pursuant to NRS 387.121 to 387.126, inclusive, unless the

12-45  pupil is exempt from compulsory attendance pursuant to NRS

13-1  392.070. A charter school is entitled to receive its proportionate

13-2  share of any other money available from federal, state or local

13-3  sources that the school or the pupils who are enrolled in the school

13-4  are eligible to receive. If a charter school receives special education

13-5  program units directly from this state, the amount of money for

13-6  special education that the school district pays to the charter school

13-7  may be reduced proportionately by the amount of money the charter

13-8  school received from this state for that purpose.

13-9      2.  All money received by the charter school from this state or

13-10  from the board of trustees of a school district must be deposited in a

13-11  bank, credit union or other financial institution in this state. The

13-12  governing body of a charter school may negotiate with the board of

13-13  trustees of the school district and the State Board for additional

13-14  money to pay for services which the governing body wishes to offer.

13-15     3.  Upon completion of a school year, the sponsor of a charter

13-16  school may request reimbursement from the governing body of the

13-17  charter school for the administrative costs associated with

13-18  sponsorship for that school year if the sponsor provided

13-19  administrative services during that school year. Upon receipt of such

13-20  a request, the governing body shall pay the reimbursement to the

13-21  board of trustees of the school district, if the board of trustees

13-22  sponsors the charter school, or to the Department if the State Board

13-23  sponsors the charter school. If a governing body fails to pay the

13-24  reimbursement, the charter school shall be deemed to have violated

13-25  its written charter and the sponsor may take such action to revoke

13-26  the written charter pursuant to NRS 386.535 as it deems necessary.

13-27  The amount of reimbursement that a charter school may be required

13-28  to pay pursuant to this subsection must not exceed:

13-29     (a) For the first year of operation of the charter school, 2 percent

13-30  of the total amount of money apportioned to the charter school

13-31  during the year pursuant to NRS 387.124.

13-32     (b) [For] Except as otherwise provided in paragraph (c), for

13-33  any year after the first year of operation of the charter school, 1

13-34  percent of the total amount of money apportioned to the charter

13-35  school during the year pursuant to NRS 387.124.

13-36     (c) For the first year that a charter school is sponsored by the

13-37  State Board if the charter school submitted a written request to be

13-38  sponsored by the State Board pursuant to paragraph (b) of

13-39  subsection 2 of NRS 386.515, 2 percent of the total amount of

13-40  money apportioned to the charter school during the year pursuant

13-41  to NRS 387.124.

13-42     4.  To determine the amount of money for distribution to a

13-43  charter school in its first year of operation, the count of pupils who

13-44  are enrolled in the charter school must initially be determined 30

13-45  days before the beginning of the school year of the school district,

14-1  based on the number of pupils whose applications for enrollment

14-2  have been approved by the charter school. The count of pupils who

14-3  are enrolled in the charter school must be revised on the last day of

14-4  the first school month of the school district in which the charter

14-5  school is located for the school year, based on the actual number of

14-6  pupils who are enrolled in the charter school. Pursuant to subsection

14-7  5 of NRS 387.124, the governing body of a charter school may

14-8  request that the apportionments made to the charter school in its first

14-9  year of operation be paid to the charter school 30 days before the

14-10  apportionments are otherwise required to be made.

14-11     5.  If a charter school ceases to operate as a charter school

14-12  during a school year, the remaining apportionments that would have

14-13  been made to the charter school pursuant to NRS 387.124 for that

14-14  year must be paid on a proportionate basis to the school districts

14-15  where the pupils who were enrolled in the charter school reside.

14-16     6.  The governing body of a charter school may solicit and

14-17  accept donations, money, grants, property, loans, personal services

14-18  or other assistance for purposes relating to education from members

14-19  of the general public, corporations or agencies. The governing body

14-20  may comply with applicable federal laws and regulations governing

14-21  the provision of federal grants for charter schools. The State Board

14-22  may assist a charter school that operates exclusively for the

14-23  enrollment of pupils who receive special education in identifying

14-24  sources of money that may be available from the Federal

14-25  Government or this state for the provision of educational programs

14-26  and services to such pupils.

14-27     7.  If a charter school uses money received from this state to

14-28  purchase real property, buildings, equipment or facilities, the

14-29  governing body of the charter school shall assign a security interest

14-30  in the property, buildings, equipment and facilities to the State of

14-31  Nevada.

14-32     Sec. 13.  NRS 387.124 is hereby amended to read as follows:

14-33     387.124  Except as otherwise provided in this section and

14-34  NRS 387.528:

14-35     1.  On or before August 1, November 1, February 1 and May 1

14-36  of each year, the Superintendent of Public Instruction shall

14-37  apportion the State Distributive School Account in the State General

14-38  Fund among the several county school districts and charter schools

14-39  in amounts approximating one-fourth of their respective yearly

14-40  apportionments less any amount set aside as a reserve. The

14-41  apportionment to a school district, computed on a yearly basis,

14-42  equals the difference between the basic support and the local funds

14-43  available pursuant to NRS 387.1235, minus all the funds attributable

14-44  to pupils who reside in the county but attend a charter school and all

14-45  the funds attributable to pupils who reside in the county and are

15-1  enrolled full-time or part-time in a program of distance education

15-2  provided by another school district or a charter school. No

15-3  apportionment may be made to a school district if the amount of the

15-4  local funds exceeds the amount of basic support. If an agreement is

15-5  not filed for a pupil who is enrolled in a program of distance

15-6  education as required by NRS 388.854, the Superintendent of Public

15-7  Instruction shall not apportion money for that pupil to the board of

15-8  trustees of the school district in which the pupil resides, or the board

15-9  of trustees or governing body that provides the program of distance

15-10  education.

15-11     2.  Except as otherwise provided in subsection 3, the

15-12  apportionment to a charter school, computed on a yearly basis, is

15-13  equal to the sum of the basic support per pupil in the county in

15-14  which the pupil resides plus the amount of local funds available per

15-15  pupil pursuant to NRS 387.1235 and all other funds available for

15-16  public schools in the county in which the pupil resides minus all the

15-17  funds attributable to pupils who are enrolled in the charter school

15-18  but are concurrently enrolled part-time in a program of distance

15-19  education provided by a school district or another charter school. If

15-20  the apportionment per pupil to a charter school is more than the

15-21  amount to be apportioned to the school district in which a pupil who

15-22  is enrolled in the charter school resides, the school district in which

15-23  the pupil resides shall pay the difference directly to the charter

15-24  school.

15-25     3.  [Except as otherwise provided in this subsection, the] The

15-26  apportionment to a charter school that is sponsored by the State

15-27  Board, computed on a yearly basis, is equal to[:

15-28     (a) The] the sum of the basic support per pupil in the county in

15-29  which the pupil resides plus the amount of local funds available per

15-30  pupil pursuant to NRS 387.1235 and all other funds available for

15-31  public schools in the county in which the pupil resides[; or

15-32     (b) The statewide average per pupil amount for pupils who are

15-33  enrolled full time, whichever is greater. If the calculation set forth in

15-34  paragraph (a) is less than the calculation pursuant to paragraph (b),

15-35  the school district in which the charter school is located shall pay

15-36  the difference directly to the charter school. If a charter school

15-37  provides a program of distance education pursuant to NRS 388.820

15-38  to 388.874, inclusive, the apportionment to the charter school for

15-39  pupils who are enrolled in the program of distance education must

15-40  be calculated as set forth in subsection 2 or 4, as applicable.] ,

15-41  minus all funds attributable to pupils who are enrolled in the

15-42  charter school but are concurrently enrolled part-time in a

15-43  program of distance education provided by a school district or

15-44  another charter school.

16-1      4.  In addition to the apportionments made pursuant to this

16-2  section, an apportionment must be made to a school district or

16-3  charter school that provides a program of distance education for

16-4  each pupil who is enrolled part-time in the program if an agreement

16-5  is filed for that pupil pursuant to NRS 388.854 or 388.858, as

16-6  applicable. The amount of the apportionment must be equal to the

16-7  percentage of the total time services are provided to the pupil

16-8  through the program of distance education per school day in

16-9  proportion to the total time services are provided during a school

16-10  day to pupils who are counted pursuant to subparagraph (2) of

16-11  paragraph (a) of subsection 1 of NRS 387.1233 for the school

16-12  district in which the pupil resides.

16-13     5.  The governing body of a charter school may submit a

16-14  written request to the Superintendent of Public Instruction to

16-15  receive, in the first year of operation of the charter school, an

16-16  apportionment 30 days before the apportionment is required to be

16-17  made pursuant to subsection 1. Upon receipt of such a request, the

16-18  Superintendent of Public Instruction may make the apportionment

16-19  30 days before the apportionment is required to be made. A charter

16-20  school may receive all four apportionments in advance in its first

16-21  year of operation.

16-22     6.  If the State Controller finds that such an action is needed to

16-23  maintain the balance in the State General Fund at a level sufficient

16-24  to pay the other appropriations from it, he may pay out the

16-25  apportionments monthly, each approximately one-twelfth of the

16-26  yearly apportionment less any amount set aside as a reserve. If such

16-27  action is needed, the State Controller shall submit a report to the

16-28  Department of Administration and the Fiscal Analysis Division of

16-29  the Legislative Counsel Bureau documenting reasons for the action.

16-30     Sec. 14.  NRS 389.632 is hereby amended to read as follows:

16-31     389.632  1.  Except as otherwise provided in subsection 8, if

16-32  the Department determines:

16-33     (a) That at least one irregularity in testing administration

16-34  occurred at a school, including, without limitation, a charter school,

16-35  during 1 school year on the examinations administered pursuant to

16-36  NRS 389.015, excluding the high school proficiency examination;

16-37     (b) That in the immediately succeeding school year, at least one

16-38  additional irregularity in testing administration occurred at that

16-39  school on the examinations administered pursuant to NRS 389.015,

16-40  excluding the high school proficiency examination; and

16-41     (c) Based upon the criteria set forth in subsection 5, that the

16-42  irregularities described in paragraphs (a) and (b) warrant an

16-43  additional administration of the examinations,

16-44  the Department shall notify the school and the school district in

16-45  which the school is located that the school is required to provide for

17-1  an additional administration of the examinations to pupils who are

17-2  enrolled in a grade that is required to take the examinations pursuant

17-3  to NRS 389.015, excluding the high school proficiency

17-4  examination, or to the pupils the Department determines must take

17-5  the additional administration pursuant to subsection 6. The

17-6  additional administration must occur in the same school year in

17-7  which the irregularity described in paragraph (b) occurred. [The]

17-8  Except as otherwise provided in this subsection, the school district

17-9  shall pay for all costs related to the administration of examinations

17-10  pursuant to this subsection. If a charter school is required to

17-11  administer examinations pursuant to this subsection, the charter

17-12  school shall pay for all costs related to the administration of the

17-13  examinations to pupils enrolled in the charter school.

17-14     2.  If the Department determines that:

17-15     (a) At least one irregularity in testing administration occurred at

17-16  a school, including, without limitation, a charter school, during 1

17-17  school year on the examinations administered pursuant to

17-18  NRS 389.550;

17-19     (b) In the immediately succeeding school year, at least one

17-20  additional irregularity in testing administration occurred at that

17-21  school on the examinations administered pursuant to NRS 389.550;

17-22  and

17-23     (c) Based upon the criteria set forth in subsection 5, that the

17-24  irregularities described in paragraphs (a) and (b) warrant an

17-25  additional administration of the examinations,

17-26  the Department shall notify the school and the school district in

17-27  which the school is located that the school is required to provide for

17-28  an additional administration of the examinations to pupils who are

17-29  enrolled in a grade that is required to take the examinations pursuant

17-30  to NRS 389.550 or to the pupils the Department determines must

17-31  take the additional administration pursuant to subsection 6. The

17-32  additional administration must occur in the same school year in

17-33  which the irregularity described in paragraph (b) occurred. [The]

17-34  Except as otherwise provided in this subsection, the school district

17-35  shall pay for all costs related to the administration of examinations

17-36  pursuant to this subsection. If a charter school is required to

17-37  administer examinations pursuant to this subsection, the charter

17-38  school shall pay for all costs related to the administration of the

17-39  examinations to pupils enrolled in the charter school.

17-40     3.  If the Department determines that:

17-41     (a) At least one irregularity in testing administration occurred at

17-42  a school, including, without limitation, a charter school, during 1

17-43  school year on the examinations administered pursuant to NRS

17-44  389.015, excluding the high school proficiency examination;

18-1      (b) In the immediately succeeding school year, at least one

18-2  additional irregularity in testing administration occurred at that

18-3  school on the examinations administered pursuant to NRS 389.550;

18-4  and

18-5      (c) Based upon the criteria set forth in subsection 5, that the

18-6  irregularities described in paragraphs (a) and (b) warrant an

18-7  additional administration of the examinations,

18-8  the Department shall notify the school and the school district in

18-9  which the school is located that the school is required to provide for

18-10  an additional administration of the examinations to pupils who are

18-11  enrolled in a grade that is required to take the examinations pursuant

18-12  to NRS 389.550 or to the pupils the Department determines must

18-13  take the additional administration pursuant to subsection 6. The

18-14  additional administration must occur in the same school year in

18-15  which the irregularity described in paragraph (b) occurred. [The]

18-16  Except as otherwise provided in this subsection, the school district

18-17  shall pay for all costs related to the administration of examinations

18-18  pursuant to this subsection. If a charter school is required to

18-19  administer examinations pursuant to this subsection, the charter

18-20  school shall pay for all costs related to the administration of the

18-21  examinations to pupils enrolled in the charter school.

18-22     4.  Except as otherwise provided in subsection 8, if the

18-23  Department determines that:

18-24     (a) At least one irregularity in testing administration occurred at

18-25  a school, including, without limitation, a charter school, during 1

18-26  school year on the examinations administered pursuant to

18-27  NRS 389.550;

18-28     (b) In the immediately succeeding school year, at least one

18-29  additional irregularity in testing administration occurred at that

18-30  school on the examinations administered pursuant to NRS 389.015,

18-31  excluding the high school proficiency examination; and

18-32     (c) Based upon the criteria set forth in subsection 5, that the

18-33  irregularities described in paragraphs (a) and (b) warrant an

18-34  additional administration of the examinations,

18-35  the Department shall notify the school and the school district in

18-36  which the school is located that the school is required to provide for

18-37  an additional administration of the examinations to pupils who are

18-38  enrolled in a grade that is required to take the examinations pursuant

18-39  to NRS 389.015, excluding the high school proficiency

18-40  examination, or to the pupils the Department determines must take

18-41  the additional administration pursuant to subsection 6. The

18-42  additional administration must occur in the same school year in

18-43  which the irregularity described in paragraph (b) occurred. [The]

18-44  Except as otherwise provided in this subsection, the school district

18-45  shall pay for all costs related to the administration of examinations

19-1  pursuant to this subsection. If a charter school is required to

19-2  administer examinations pursuant to this subsection, the charter

19-3  school shall pay for all costs related to the administration of the

19-4  examinations to pupils enrolled in the charter school.

19-5      5.  In determining whether to require a school to provide for an

19-6  additional administration of examinations pursuant to this section,

19-7  the Department shall consider:

19-8      (a) The effect of each irregularity in testing administration,

19-9  including, without limitation, whether the irregularity required the

19-10  scores of pupils to be invalidated; and

19-11     (b) Whether sufficient time remains in the school year to

19-12  provide for an additional administration of examinations.

19-13     6.  If the Department determines pursuant to subsection 5 that a

19-14  school must provide for an additional administration of

19-15  examinations, the Department may consider whether the most recent

19-16  irregularity in testing administration affected the test scores of a

19-17  limited number of pupils and require the school to provide an

19-18  additional administration of examinations pursuant to this section

19-19  only to those pupils whose test scores were affected by the most

19-20  recent irregularity.

19-21     7.  The Department shall provide as many notices pursuant to

19-22  this section during 1 school year as are applicable to the

19-23  irregularities occurring at a school. A school shall provide for

19-24  additional administrations of examinations pursuant to this section

19-25  within 1 school year as applicable to the irregularities occurring at

19-26  the school.

19-27     8.  If a school is required to provide an additional

19-28  administration of examinations pursuant to subsection 2 of NRS

19-29  385.368 for a school year, the school is not required to provide for

19-30  an additional administration pursuant to subsection 1 or 4 in that

19-31  school year. The Department shall ensure that the information

19-32  required pursuant to paragraph (b) of subsection 3 of NRS 389.648

19-33  is included in its report for the additional administration provided by

19-34  such a school pursuant to subsection 2 of NRS 385.368.

19-35     Sec. 15.  NRS 233B.039 is hereby amended to read as follows:

19-36     233B.039  1.  The following agencies are entirely exempted

19-37  from the requirements of this chapter:

19-38     (a) The Governor.

19-39     (b) The Department of Corrections.

19-40     (c) The University and Community College System of Nevada.

19-41     (d) The Office of the Military.

19-42     (e) The State Gaming Control Board.

19-43     (f) The Nevada Gaming Commission.

19-44     (g) The Welfare Division of the Department of Human

19-45  Resources.

20-1      (h) The Division of Health Care Financing and Policy of the

20-2  Department of Human Resources.

20-3      (i) The State Board of Examiners acting pursuant to chapter 217

20-4  of NRS.

20-5      (j) Except as otherwise provided in NRS 533.365, the Office of

20-6  the State Engineer.

20-7      (k) The Division of Industrial Relations of the Department of

20-8  Business and Industry acting to enforce the provisions of

20-9  NRS 618.375.

20-10     (l) The Administrator of the Division of Industrial Relations in

20-11  establishing and adjusting the schedule of fees and charges for

20-12  accident benefits pursuant to subsection 2 of NRS 616C.260.

20-13     (m) The Board to Review Claims in adopting resolutions to

20-14  carry out its duties pursuant to NRS 590.830.

20-15     2.  Except as otherwise provided in this subsection and

20-16  subsection 5 , [and NRS 391.323,] the Department of Education, the

20-17  Board of the Public Employees’ Benefits Program and the

20-18  Commission on Professional Standards in Education are subject to

20-19  the provisions of this chapter for the purpose of adopting regulations

20-20  but not with respect to any contested case. The provisions of this

20-21  chapter regarding contested cases do apply with respect to matters

20-22  set forth in NRS 391.323 and section 2 of this act.

20-23     3.  The special provisions of:

20-24     (a) Chapter 612 of NRS for the distribution of regulations by

20-25  and the judicial review of decisions of the Employment Security

20-26  Division of the Department of Employment, Training and

20-27  Rehabilitation;

20-28     (b) Chapters 616A to 617, inclusive, of NRS for the

20-29  determination of contested claims;

20-30     (c) Chapter 703 of NRS for the judicial review of decisions of

20-31  the Public Utilities Commission of Nevada;

20-32     (d) Chapter 91 of NRS for the judicial review of decisions of the

20-33  Administrator of the Securities Division of the Office of the

20-34  Secretary of State; and

20-35     (e) NRS 90.800 for the use of summary orders in contested

20-36  cases,

20-37  prevail over the general provisions of this chapter.

20-38     4.  The provisions of NRS 233B.122, 233B.124, 233B.125 and

20-39  233B.126 do not apply to the Department of Human Resources in

20-40  the adjudication of contested cases involving the issuance of letters

20-41  of approval for health facilities and agencies.

20-42     5.  The provisions of this chapter do not apply to:

20-43     (a) Any order for immediate action, including, but not limited

20-44  to, quarantine and the treatment or cleansing of infected or infested

20-45  animals, objects or premises, made under the authority of the State

21-1  Board of Agriculture, the State Board of Health, the State Board of

21-2  Sheep Commissioners or any other agency of this state in the

21-3  discharge of a responsibility for the preservation of human or animal

21-4  health or for insect or pest control;

21-5      (b) An extraordinary regulation of the State Board of Pharmacy

21-6  adopted pursuant to NRS 453.2184; or

21-7      (c) A regulation adopted by the State Board of Education

21-8  pursuant to NRS 392.644 or 394.1694.

21-9      6.  The State Board of Parole Commissioners is subject to the

21-10  provisions of this chapter for the purpose of adopting regulations but

21-11  not with respect to any contested case.

21-12     Sec. 16.  Notwithstanding the provisions of section 5 of this act

21-13  to the contrary, a charter school that is approved by the board of

21-14  trustees of a school district to commence operation in the 2003-2004

21-15  school year may not submit a written request to be sponsored by the

21-16  State Board of Education until July 1, 2004.

21-17     Sec. 17.  This act becomes effective on July 1, 2003.

 

21-18  H