Text of NV SB 224 (2025)
Revises provisions relating to education. (BDR 34-72)
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As introduced
104,165 characters
S.B. 224
-
*SB224*
SENATE BILL NO. 224–SENATORS BUCK, STONE AND HANSEN
FEBRUARY 19, 2025
____________
JOINT SPONSOR: ASSEMBLYMEMBER HANSEN
____________
Referred to Committee on Education
SUMMARY—Revises
provisions
relating
to
education.
(BDR 34-72)
FISCAL NOTE: Effect on Local Government: May have Fiscal Impact.
Effect on the State: Yes.
CONTAINS UNFUNDED MANDATE (§ 23)
(NOT REQUESTED BY AFFECTED LOCAL GOVERNMENT)
~
EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.
AN ACT relating to education; requiring the principal of each
public school to prepare an instructional model for the
school which may be shared with other public schools;
prescribing requirements for the Department of Education
to convert certain public schools to Department charter
schools
under
certain
circumstances;
prescribing
requirements for the operation of a Department charter
school; providing for the use of certain school buildings
by a Department charter school free of charge; requiring a
school district to provide facilities or services to a
Department charter school under certain circumstances;
revising provisions governing the use of school buildings
owned by the board of trustees of a school district by a
Department
charter
school;
prohibiting
collective
bargaining concerning the termination of employment or
reassignment of the employees of a Department charter
school; and providing other matters properly relating
thereto.
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*SB224*
Legislative Counsel’s Digest:
Existing law requires the principal of each school, in consultation with the
1
employees of the school, to prepare a plan to improve the achievement of pupils
2
enrolled in the school. (NRS 385A.650) Section 6 of this bill additionally requires
3
the principal of each school, in consultation with the employees of the school, to
4
prepare an instructional model for the school which includes information about the
5
curriculum, grading, planning, assessment, software and business decisions of the
6
school. Section 6 requires the Department of Education to develop and implement a
7
process for allowing the principal of each school to access such instructional
8
models from other schools with similar demographics, including from schools that
9
receive higher ratings according to the statewide system of accountability.
10
Section 20 of this bill requires the Department to convert a public school to a
11
charter school, known as a Department charter school if, for 3 consecutive years,
12
the school is rated in the lowest 5 percent of public schools in this State in pupil
13
achievement and school performance. Section 19 of this bill establishes the
14
Account for Department Charter Schools, the money in which is to be used for the
15
establishment and maintenance of Department charter schools. Section 21 of this
16
bill requires: (1) the Superintendent of Public Instruction to solicit and evaluate
17
applications and enter into a contract with a charter management organization,
18
educational management organization or other person to operate a public school
19
that is converted to a Department charter school pursuant to section 20; and (2) the
20
Department to adopt regulations prescribing the process to apply to operate a
21
Department charter school, which must authorize certain applicants to submit one
22
application to operate more than one Department charter school. Section 22 of this
23
bill provides that the Department is deemed the sponsor of a Department charter
24
school after a contract is entered into and requires the operator of the Department
25
charter school to appoint a governing body of the Department charter school.
26
Section 22 provides that the governing body consists of any persons chosen by the
27
operator of the Department charter school, with certain restrictions. Section 23 of
28
this bill: (1) requires the principal of a Department charter school to determine
29
whether to offer employment at the Department charter school to the persons
30
employed at the public school at the time of the conversion; and (2) authorizes the
31
board of trustees of the school district in which the Department charter school is
32
located to terminate or reassign any such employees who are not offered
33
employment by or who refuse an offer of employment from the Department charter
34
school.
35
Section 23 also requires the board of trustees of a school district to: (1) without
36
compensation, allow a Department charter school to operate in the building in
37
which the school was located before conversion; and (2) continue to pay capital
38
expenses for the building. Section 23 requires the governing body of the
39
Department charter school to pay for the maintenance and operation of the building.
40
Section 23: (1) provides that the board of trustees of a school district is not required
41
to give priority to a capital project at a school that is converted to a Department
42
charter school; and (2) prohibits the board of trustees of a school district from
43
reducing the priority of any such capital project that existed before the school was
44
selected for conversion. Section 23 also requires any pupil who was enrolled in a
45
public school before conversion to be enrolled in the Department charter school,
46
unless the parent or guardian of the pupil submits written notice that the pupil will
47
not continue to be enrolled at the school. Finally, section 23 limits the amount of
48
loans, advances or other monetary charges that the governing body of a Department
49
charter school may authorize to be paid to the operator of the Department charter
50
school.
51
Existing law prohibits the conversion of an existing public school to a charter
52
school. (NRS 388A.075, 388A.080) Sections 14, 25, 29 and 30 of this bill make
53
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*SB224*
these provisions inapplicable to a Department charter school, thereby authorizing
54
the conversion of a public school to a Department charter school.
55
Section 24 of this bill enacts provisions necessary for a Department charter
56
school to be able to receive money available from certain federal grant programs.
57
Sections 7, 11 and 25 of this bill require a Department charter school to participate
58
in the statewide system of accountability for public schools.
59
Section 14 provides that, in general, for the purposes of the provisions
60
governing charter schools, the term “charter school” does not include a Department
61
charter school. Section 28 of this bill makes a conforming change to indicate the
62
proper placement of section 14 in the Nevada Revised Statutes.
63
Existing law: (1) establishes requirements concerning the availability of certain
64
information concerning charter schools and the operation of a charter school; (2)
65
requires a member of the governing body of a charter school to undergo a criminal
66
background check; (3) requires the governing body or sponsor of a charter school to
67
submit certain reports; (4) prohibits the board of trustees of a school district from
68
interfering with the operation of a charter school; (5) authorizes a high-performing
69
charter school to establish an experimental academic program; (6) prohibits a
70
member of the board of trustees of a school district or employee of a school district
71
from soliciting or accepting gifts or payments from a governing body or employee
72
of a charter school; (7) authorizes a charter school that meets certain requirements
73
to apply to the Department for money for facilities; (8) prescribes the manner in
74
which money will be apportioned to and paid by a charter school; (9) establishes
75
procedures for pupils who are enrolled in other schools and homeschooled children
76
to participate in classes and extracurricular activities at charter schools and for
77
pupils enrolled in charter schools to participate in classes and extracurricular
78
activities at other public schools; (10) establishes requirements concerning the
79
employment of personnel at charter schools; and (11) authorizes a charter school to
80
finance improvements through the issuance of bonds. (NRS 388A.090, 388A.095,
81
388A.100, 388A.171, 388A.226, 388A.247, 388A.323, 388A.345, 388A.348,
82
388A.352-388A.355,
388A.363-388A.369,
388A.3934,
388A.405-388A.420,
83
388A.471-388A.695) Section 25 makes these provisions applicable to a
84
Department charter school.
85
Section 26 of this bill requires the board of trustees of a school district in which
86
a Department charter school is located to provide, for compensation, facilities,
87
other than the school building in which the Department charter school operates, to
88
the Department charter school or perform certain services for a Department charter
89
school upon the request of the Superintendent of Public Instruction.
90
Existing law authorizes charter schools that meet certain requirements relating
91
to school performance and financial management to apply to the Department for
92
money for facilities. (NRS 388A.405) Section 26 authorizes a Department charter
93
school that does not meet those requirements to apply for such money under
94
conditions prescribed by the Department.
95
Existing law provides that, if the governing body of a charter school contracts
96
with the board of trustees of a school district for the provision of school police
97
officers, the board of trustees is immune from civil or criminal liability for the acts
98
or omissions of those school police officers while providing services to the charter
99
school. (NRS 388A.384) Section 26 provides similar immunity from liability if the
100
school district provides school police officers to a Department charter school upon
101
the request of the Superintendent of Public Instruction.
102
Existing law provides for regular financial and performance audits of charter
103
schools. (NRS 388A.105, 388A.110) Section 27 of this bill requires the
104
Department to adopt regulations to carry out the provisions of sections 15-27
105
governing Department charter schools, which may include regulations requiring
106
similar audits of Department charter schools. Sections 32 and 33 of this bill make
107
conforming changes to add references to such audits where applicable.
108
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*SB224*
Sections 1 and 14-18 of this bill define certain terms relating to Department
109
charter schools. Sections 2-5, 8-10, 12, 31 and 35-38 of this bill make conforming
110
changes to ensure certain provisions of law applicable to public schools, school
111
districts and charter schools apply equally to Department charter schools. Section
112
34 of this bill exempts Department charter schools from the Program of
113
Empowerment Schools for public schools.
114
Existing law requires negotiation in good faith between a local government
115
employer and a recognized employee organization on certain mandatory subjects,
116
including, without limitation, discharge and disciplinary procedures. (NRS
117
288.150) Section 39 of this bill makes unenforceable and void any provision of a
118
collective bargaining agreement which limits the authority of the board of trustees
119
of a school district to terminate the employment of or reassign a member of the
120
staff of a school that is converted to a Department charter school.
121
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 385.007 is hereby amended to read as follows:
1
385.007 As used in this title, unless the context otherwise
2
requires:
3
1. “Challenge school” has the meaning ascribed to it in
4
NRS 388D.305.
5
2. “Charter school” means a public school that is formed
6
pursuant to the provisions of chapter 388A of NRS.
7
3. “Department” means the Department of Education.
8
4. “Department charter school” means a public school
9
operated by a charter management organization, as defined in
10
section 16 of this act, an educational management organization,
11
as defined in section 17 of this act, or other person pursuant to a
12
contract with the Superintendent of Public Instruction pursuant to
13
section 21 of this act and that is subject to the provisions of
14
sections 15 to 27, inclusive, of this act.
15
5. “English learner” has the meaning ascribed to it in 20 U.S.C.
16
§ 7801(20).
17
[5.] 6. “Homeschooled child” means a child who receives
18
instruction at home and who is exempt from compulsory enrollment
19
and attendance pursuant to NRS 392.070.
20
[6.] 7. “Local school precinct” has the meaning ascribed to it in
21
NRS 388G.535.
22
[7.] 8. “Public schools” means all kindergartens and
23
elementary schools, junior high schools and middle schools, high
24
schools, charter schools and any other schools, classes and
25
educational programs which receive their support through public
26
taxation and, except for charter schools, whose textbooks and
27
courses of study are under the control of the State Board.
28
[8.] 9. “School bus” has the meaning ascribed to it in
29
NRS 484A.230.
30
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*SB224*
[9.] 10. “School counselor” or “counselor” means a person
1
who holds a license issued pursuant to chapter 391 of NRS and an
2
endorsement to serve as a school counselor issued pursuant to
3
regulations adopted by the Commission on Professional Standards
4
in Education or who is otherwise authorized by the Superintendent
5
of Public Instruction to serve as a school counselor.
6
[10.] 11. “School psychologist” or “psychologist” means a
7
person who holds a license issued pursuant to chapter 391 of NRS
8
and an endorsement to serve as a school psychologist issued
9
pursuant to regulations adopted by the Commission on Professional
10
Standards in Education or who is otherwise authorized by the
11
Superintendent of Public Instruction to serve as a school
12
psychologist.
13
[11.] 12. “School social worker” or “social worker” means a
14
social worker licensed pursuant to chapter 641B of NRS who holds
15
a license issued pursuant to chapter 391 of NRS and an endorsement
16
to serve as a school social worker issued pursuant to regulations
17
adopted by the Commission on Professional Standards in Education
18
or who is otherwise authorized by the Superintendent of Public
19
Instruction to serve as a school social worker.
20
[12.] 13. “State Board” means the State Board of Education.
21
[13.] 14. “University school for profoundly gifted pupils” has
22
the meaning ascribed to it in NRS 388C.040.
23
Sec. 2. NRS 385.083 is hereby amended to read as follows:
24
385.083 Except as otherwise provided in NRS 385.091:
25
1. All gifts of money which the State Board is authorized to
26
accept must be deposited in a special revenue fund in the State
27
Treasury designated as the Education Gift Fund and reported
28
pursuant to subsection 4. The interest and income earned on the sum
29
of the money in the Education Gift Fund must be credited to the
30
Fund. Any money remaining in the Education Gift Fund at the end
31
of the fiscal year must be carried forward to the next fiscal year.
32
2. The money available in the Education Gift Fund must be
33
used only for the purpose specified by the donor, within the scope of
34
the State Board’s powers and duties.
35
3. If all or part of the money accepted by the State Board from
36
a donor is not expended before the end of any fiscal year, the
37
remaining balance of the amount donated must remain in the
38
Education Gift Fund until needed for the purpose specified by
39
the donor.
40
4. Except as otherwise provided in subsection 5, the State
41
Board shall record each gift of money deposited in the Education
42
Gift Fund pursuant to this section and prepare a report which
43
includes, for each such gift:
44
(a) The amount of the gift;
45
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*SB224*
(b) Except as otherwise provided in subsection 6, the name of
1
the donor of the gift;
2
(c) Any instructions provided by the donor concerning the use of
3
the gift; and
4
(d) Information concerning any connection between the donor
5
and the State Board or the administration of the system of public
6
education in this State, including, without limitation:
7
(1) Any contract between the donor and the State Board;
8
(2) Any contract between the donor and the State Public
9
Charter School Authority;
10
(3) Any contract between the donor and the Department;
11
(4) Any bid by the donor for a contract with the State Board;
12
[(4)] (5) Any bid by the donor for a contract with the State
13
Public Charter School Authority;
14
[(5)] (6) Any bid by the donor for a contract with the
15
Department;
16
(7) If the donor is a lobbyist as defined in NRS 218H.080, a
17
statement of whether the donor lobbies on issues of interest to the
18
State Board or relating to the system of public education in this
19
State; and
20
[(6)] (8) Any service by the donor on a committee to form a
21
charter school created pursuant to NRS 388A.240.
22
5. This section does not apply to any gift of money:
23
(a) In an amount less than $100,000, unless the cumulative total
24
by the same donor within a 12-month period is equal to or more than
25
$100,000; or
26
(b) That is intended for a public broadcasting service.
27
6. A donor may remain anonymous for purposes of the report
28
prepared pursuant to subsection 4, unless the donor is required to
29
provide information pursuant to paragraph (d) of subsection 4.
30
7. The State Board may submit a form to each donor that
31
requires the donor to provide the information required for inclusion
32
in the report prepared pursuant to subsection 4. If the State Board
33
uses such a form, the State Board may rely upon the information
34
provided by the donor on the form for purposes of the report
35
required of the State Board pursuant to subsection 4 and the State
36
Board is not otherwise required to verify the contents of the
37
information provided by the donor on the form.
38
8. The State Board shall include the report prepared pursuant to
39
subsection 4 on the agenda of the next regular meeting of the State
40
Board held pursuant to NRS 385.040 and review all transactions
41
involving a gift listed on the report that have taken place since the
42
previous meeting of the State Board.
43
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9. On or before February 1 of each year, the State Board shall
1
transmit each report prepared pursuant to subsection 4 in the
2
immediately preceding year:
3
(a) In odd-numbered years, to the Director of the Legislative
4
Counsel Bureau for transmittal to the next regular session of the
5
Legislature; and
6
(b) In even-numbered years, to the Joint Interim Standing
7
Committee on Education.
8
Sec. 3. NRS 385.620 is hereby amended to read as follows:
9
385.620 The Advisory Council shall:
10
1. Review the policy of parental involvement adopted by the
11
State Board and the policy of parental involvement and family
12
engagement adopted by the board of trustees of each school district
13
pursuant to NRS 392.457;
14
2. Review the information relating to communication with and
15
participation, involvement and engagement of parents and families
16
that is included in the annual report of accountability for each school
17
district pursuant to NRS 385A.320 and similar information in the
18
annual report of accountability prepared by the State Public Charter
19
School Authority , the Department and a college or university
20
within the Nevada System of Higher Education or city or county
21
that sponsors a charter school pursuant to subsection 3 of
22
NRS 385A.070;
23
3. Review any effective practices carried out in individual
24
school districts to increase parental involvement and family
25
engagement and determine the feasibility of carrying out those
26
practices on a statewide basis;
27
4. Review any effective practices carried out in other states to
28
increase parental involvement and family engagement and
29
determine the feasibility of carrying out those practices in this State;
30
5. Identify methods to communicate effectively and provide
31
outreach to parents, legal guardians and families of pupils who have
32
limited time to become involved in the education of their children
33
for various reasons, including, without limitation, work schedules,
34
single-parent homes and other family obligations;
35
6. Identify the manner in which the level of parental
36
involvement and family engagement affects the performance,
37
attendance and discipline of pupils;
38
7. Identify methods to communicate effectively with and
39
provide outreach to parents, legal guardians and families of pupils
40
who are English learners;
41
8. Determine the necessity for the appointment of a statewide
42
parental involvement and family engagement coordinator or a
43
parental involvement and family engagement coordinator in each
44
school district, or both;
45
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*SB224*
9. Work in collaboration with the Office of Parental
1
Involvement and Family Engagement created by NRS 385.630 to
2
carry out the duties prescribed in NRS 385.635; and
3
10. On or before February 1 of each year, submit a report to the
4
Director of the Legislative Counsel Bureau for transmission to the
5
Legislature in odd-numbered years and to the Legislative
6
Commission in even-numbered years, describing the activities of the
7
Advisory Council and any recommendations for legislation.
8
Sec. 4. NRS 385.800 is hereby amended to read as follows:
9
385.800 1. The
Office
of
Science,
Innovation
and
10
Technology established by NRS 223.600 shall:
11
(a) In consultation with the board of trustees of each school
12
district, develop a standardized, statewide system of gathering data
13
from pupils and their families to assess the ability of pupils to access
14
the Internet at their homes. The statewide system must:
15
(1) Be able to be replicated each year;
16
(2) Be developed with consideration of existing processes
17
and systems for gathering data on pupils and their families and, to
18
the greatest extent possible, use such processes and systems;
19
(3) Provide data on access to the Internet at the permanent or
20
temporary address of a pupil; and
21
(4) To the extent authorized by the Family Educational
22
Rights and Privacy Act of 1974, 20 U.S.C. § 1232g, and any
23
regulations adopted pursuant thereto, be able to disaggregate data
24
based on the name of the pupil, the name of the family of the pupil
25
and other appropriate personally identifiable information.
26
(b) Develop a method to share the data gathered pursuant to
27
paragraph (a), to the extent authorized by the Family Educational
28
Rights and Privacy Act of 1974, 20 U.S.C. § 1232g, and any
29
regulations
adopted
pursuant
thereto,
with
providers
of
30
telecommunications networks, services or equipment interested in
31
providing access to the Internet to pupils who lack access to the
32
Internet at their homes.
33
(c) Develop recommendations for minimum standards for
34
telecommunications technology owned by a school or school district
35
that will best ensure the capability of the telecommunications
36
technology to connect to the Internet. The recommendations must,
37
without limitation:
38
(1) Evaluate
the
connectivity
capabilities
of
the
39
telecommunications technology and not other features, including,
40
without limitation, processing power and memory;
41
(2) Require the telecommunications technology to connect to
42
wireless fidelity, fixed wireless and mobile wireless Internet; and
43
(3) Include a list of recommended telecommunications
44
technology that meets the recommended standards.
45
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*SB224*
(d) Review each report submitted by the board of trustees of a
1
school district , the Department and the State Public Charter School
2
Authority pursuant to NRS 385.810 and, based on the review:
3
(1) Conduct an analysis to identify any gaps in access to the
4
Internet which must, without limitation:
5
(I) Disaggregate any data by school district, charter
6
school, the number of pupils who lack access to the Internet and the
7
number of pupils who lack access to telecommunications
8
technology;
9
(II) Review data gathered in response to the public-health
10
crisis caused by the COVID-19 pandemic; and
11
(III) To the greatest extent possible, use existing
12
mechanisms for gathering data;
13
(2) Develop a fiscal plan to close gaps in access to the
14
Internet and gaps in access to telecommunications technology which
15
may include, without limitation, use of the Lifeline program of the
16
Federal Communications Commission, or its successor program, the
17
Emergency
Broadband
Benefit
program
of
the
Federal
18
Communications Commission, or its successor program, or the
19
Schools and Libraries Universal Service Support program of the
20
Federal Communications Commission, or its successor program;
21
and
22
(3) Develop a plan to assess the speed of uploads and
23
downloads on telecommunications technology to determine the
24
number of pupils who have access to the Internet but lack sufficient
25
speeds to participate in remote learning.
26
2. In carrying out its duties pursuant to subsection 1, the Office
27
shall work with:
28
(a) Private sector providers of telecommunications networks,
29
services or equipment to understand the data and guarantees of
30
payment that may be required to connect to the Internet pupils who
31
lack access to the Internet at their homes;
32
(b) Persons and entities who can inform the Office on current
33
and future standards for wireless fidelity, fixed wireless and mobile
34
wireless
Internet
and
spectrum
availability
and
provide
35
recommendations on the features a telecommunications technology
36
must have to connect with existing and future broadband networks;
37
(c) Persons and entities who can provide information on
38
delivery of access to the Internet that, to the greatest extent possible,
39
will use existing firewall and filter services provided by a school
40
district or charter school;
41
(d) Persons and entities who can provide information on
42
gathering data, data privacy and laws and regulations on data-
43
sharing that could affect the efforts of the Office to identify and
44
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*SB224*
provide access to the Internet to pupils who lack access to the
1
Internet at their homes; and
2
(e) Persons and entities, including, without limitation, the
3
Department of Health and Human Services, who can provide
4
information on programs that may be used to provide access to the
5
Internet to pupils who lack access to the Internet at their homes.
6
3. The Department and the Office may adopt any regulations
7
necessary to carry out the provisions of this section.
8
4. As used in this section, “telecommunications technology”
9
includes, without limitation, a laptop computer or tablet device.
10
Sec. 5. NRS 385.810 is hereby amended to read as follows:
11
385.810 1. On or before November 1 of each year, the board
12
of trustees of each school district , the Department and the State
13
Public Charter School Authority shall submit a report to the Office
14
of Science, Technology and Innovation in a manner prescribed by
15
the Office. The report must include:
16
(a) The number of pupils who lack access to the Internet at their
17
homes and, to the extent authorized by the Family Educational
18
Rights and Privacy Act of 1974, 20 U.S.C. § 1232g, and any
19
regulations adopted pursuant thereto, the addresses of such pupils;
20
(b) The number of pupils who use a hotspot provided by the
21
school district or charter school to access the Internet;
22
(c) The
number
of
pupils
who
lack
access
to
23
telecommunications technology that is capable of facilitating remote
24
learning;
25
(d) The number of pupils who lack both access to the Internet
26
and access to telecommunications technology; and
27
(e) The current requirements of the board of trustees of the
28
school district , the Department or the State Public Charter School
29
Authority for telecommunications technology owned by the school
30
district, a school within the school district, the State Public Charter
31
School Authority , [or] a charter school sponsored by the State
32
Public Charter School Authority [.] or a Department charter
33
school.
34
2. As used in this section, “telecommunications technology”
35
includes, without limitation, a laptop computer or tablet device.
36
Sec. 6. Chapter 385A of NRS is hereby amended by adding
37
thereto a new section to read as follows:
38
1. The principal of each public school, including, without
39
limitation, each charter school, shall, in consultation with the
40
employees of the school, prepare an instructional model for the
41
school which must include, without limitation, information about
42
the curriculum, grading, planning, assessment, software and
43
business decisions of the school.
44
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*SB224*
2. The principal of each public school shall, in consultation
1
with the employees of the school, annually review the instructional
2
model prepared pursuant to this section and make revisions as
3
necessary.
4
3. On or before the date prescribed by regulation of the State
5
Board pursuant to subsection 5, the principal of each public
6
school shall submit the instructional model or the revised
7
instructional model, as applicable, to:
8
(a) The Department; and
9
(b) The board of trustees of the school district in which the
10
school is located or, if the school is a charter school, the governing
11
body of the charter school.
12
4. The Department shall develop and implement a process for
13
allowing the principal of each public school to access such
14
instructional
models
from
other
schools
with
similar
15
demographics, including, without limitation, from schools that
16
receive higher ratings according to the statewide system of
17
accountability for public schools.
18
5. The State Board shall adopt regulations necessary to carry
19
out the provisions of this section.
20
Sec. 7. NRS 385A.070 is hereby amended to read as follows:
21
385A.070 1. The board of trustees of each school district in
22
this State, in cooperation with associations recognized by the State
23
Board as representing licensed educational personnel in the district,
24
shall adopt a program providing for the accountability of the school
25
district to the residents of the district and to the State Board for the
26
quality of the schools and the educational achievement of the pupils
27
in the district, including, without limitation, pupils enrolled in
28
charter schools sponsored by the school district. The board of
29
trustees of each school district shall report the information required
30
by NRS 385A.070 to 385A.320, inclusive, for each charter school
31
sponsored by the school district. The information for charter schools
32
must be reported separately.
33
2. The board of trustees of each school district shall, on or
34
before December 31 of each year, prepare for the immediately
35
preceding school year a single annual report of accountability
36
concerning the educational goals and objectives of the school
37
district, the information prescribed by NRS 385A.070 to 385A.320,
38
inclusive, and such other information as is directed by the
39
Superintendent of Public Instruction. A separate reporting for a
40
group of pupils must not be made pursuant to NRS 385A.070 to
41
385A.320, inclusive, if the number of pupils in that group is
42
insufficient to yield statistically reliable information or the results
43
would reveal personally identifiable information about an individual
44
pupil. The Department shall use the mechanism approved by the
45
– 12 –
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*SB224*
United States Department of Education for the statewide system of
1
accountability for public schools for determining the minimum
2
number of pupils that must be in a group for that group to yield
3
statistically reliable information.
4
3. The State Public Charter School Authority, the Department,
5
each college or university within the Nevada System of Higher
6
Education and each city or county that sponsors a charter school
7
shall, on or before December 31 of each year, prepare for the
8
immediately
preceding
school
year
an
annual
report
of
9
accountability of the charter schools sponsored by the State Public
10
Charter School Authority , the Department or the institution, as
11
applicable, concerning the accountability information prescribed by
12
the Department pursuant to this section. The Department, in
13
consultation with the State Public Charter School Authority, each
14
college or university within the Nevada System of Higher Education
15
and each city or county that sponsors a charter school, shall
16
prescribe by regulation the information that must be prepared by the
17
State Public Charter School Authority , the Department and the
18
institution, as applicable, which must include, without limitation, the
19
information contained in subsection 2 and NRS 385A.070 to
20
385A.320, inclusive, as applicable to charter schools. The
21
Department shall provide for public dissemination of the annual
22
report of accountability prepared pursuant to this section by posting
23
a copy of the report on the Internet website maintained by the
24
Department.
25
4. The annual report of accountability prepared pursuant to this
26
section must be presented in an understandable and uniform format
27
and, to the extent practicable, provided in a language that parents
28
can understand.
29
Sec. 8. NRS 385A.080 is hereby amended to read as follows:
30
385A.080 1. The Superintendent of Public Instruction shall:
31
(a) Prescribe forms for the reports required pursuant to NRS
32
385A.070 and provide the forms to the respective school districts,
33
the State Public Charter School Authority, the Department, each
34
college or university within the Nevada System of Higher Education
35
and each city or county that sponsors a charter school.
36
(b) Provide statistical information and technical assistance to the
37
school districts, the State Public Charter School Authority, the
38
Department, each college or university within the Nevada System
39
of Higher Education and each city or county that sponsors a charter
40
school to ensure that the reports provide comparable information
41
with respect to each school in each district, each charter school and
42
among the districts and charter schools throughout this State.
43
(c) Consult with a representative of the:
44
(1) Nevada State Education Association;
45
– 13 –
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*SB224*
(2) Nevada Association of School Boards;
1
(3) Nevada Association of School Administrators;
2
(4) Nevada Parent Teacher Association;
3
(5) Budget Division of the Office of Finance;
4
(6) Legislative Counsel Bureau; and
5
(7) Charter School Association of Nevada,
6
concerning the program adopted pursuant to subsection 1 of NRS
7
385A.070 and consider any advice or recommendations submitted
8
by the representatives with respect to the program.
9
(d) Establish metrics of performance for public schools for each
10
grade which include, without limitation, metrics for:
11
(1) The growth and proficiency of pupils in literacy,
12
mathematics and science;
13
(2) The engagement and proficiency of pupils in courses for
14
college and career readiness; and
15
(3) The retention and recruitment of teachers and education
16
support professionals.
17
2. The Superintendent of Public Instruction may consult with
18
representatives of parent groups other than the Nevada Parent
19
Teacher Association concerning the program adopted pursuant to
20
subsection 1 of NRS 385A.070 and consider any advice or
21
recommendations submitted by the representatives with respect to
22
the program.
23
3. The Superintendent of Public Instruction and each school
24
district and charter school shall:
25
(a) Publish the metrics established pursuant to paragraph (d) of
26
subsection 1 on their respective Internet websites; and
27
(b) On or before October 1 of each year, report data relating to
28
each metric established pursuant to paragraph (d) of subsection 1 to
29
the Governor, the State Board and the Director of the Legislative
30
Counsel Bureau for transmission to the Joint Interim Standing
31
Committee on Education.
32
Sec. 9. NRS 385A.090 is hereby amended to read as follows:
33
385A.090 1. On or before September 30 of each year:
34
(a) The board of trustees of each school district, the State Public
35
Charter School Authority, the Department, each college or
36
university within the Nevada System of Higher Education and each
37
city or county that sponsors a charter school shall provide written
38
notice that the report required pursuant to NRS 385A.070 is
39
available on the Internet website maintained by the school district,
40
the State Public Charter School Authority, the Department, the
41
institution or the city or county, if any, or otherwise provide written
42
notice of the availability of the report. The written notice must be
43
provided to the:
44
(1) Governor;
45
– 14 –
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*SB224*
(2) State Board;
1
(3) Department;
2
(4) Committee;
3
(5) Bureau; and
4
(6) Attorney General, with a specific reference to the
5
information that is reported pursuant to paragraph (e) of subsection
6
1 of NRS 385A.250.
7
(b) The board of trustees of each school district, the State Public
8
Charter School Authority, the Department, each college or
9
university within the Nevada System of Higher Education and each
10
city or county that sponsors a charter school shall provide for public
11
dissemination of the annual report of accountability prepared
12
pursuant to NRS 385A.070 by posting a copy of the report on the
13
Internet website maintained by the school district, the State Public
14
Charter School Authority, the Department, the institution or the city
15
or county, if any. If a school district does not maintain a website, the
16
district shall otherwise provide for public dissemination of the
17
annual report by providing a copy of the report to the schools in
18
the school district, including, without limitation, each charter school
19
sponsored by the district, the residents of the district, and the parents
20
and guardians of pupils enrolled in schools in the district, including,
21
without limitation, each charter school sponsored by the district. If
22
the State Public Charter School Authority, the institution, the city or
23
the county does not maintain a website, the State Public Charter
24
School Authority, the institution, the city or the county, as
25
applicable, shall otherwise provide for public dissemination of the
26
annual report by providing a copy of the report to each charter
27
school it sponsors and the parents and guardians of pupils enrolled
28
in each charter school it sponsors.
29
2. Upon the request of the Governor, the Attorney General, an
30
entity described in paragraph (a) of subsection 1 or a member of the
31
general public, the board of trustees of a school district, the State
32
Public Charter School Authority, the Department, a college or
33
university within the Nevada System of Higher Education or a city
34
or county that sponsors a charter school, as applicable, shall provide
35
a portion or portions of the report required pursuant to
36
NRS 385A.070.
37
Sec. 10. NRS 385A.240 is hereby amended to read as follows:
38
385A.240 1. The annual report of accountability prepared
39
pursuant to NRS 385A.070 must include information on the
40
attendance, truancy and transiency of pupils, including, without
41
limitation:
42
(a) Records of the attendance and truancy of pupils in all grades,
43
including, without limitation:
44
– 15 –
-
*SB224*
(1) The average daily attendance of pupils, for each school in
1
the district and the district as a whole, including, without limitation,
2
each charter school sponsored by the district.
3
(2) For each elementary school, middle school and junior
4
high school in the district, including, without limitation, each charter
5
school sponsored by the district that provides instruction to pupils
6
enrolled in a grade level other than high school, information that
7
compares the attendance of the pupils enrolled in the school with the
8
attendance of pupils throughout the district and throughout this
9
State. The information required by this subparagraph must be
10
provided in consultation with the Department to ensure the accuracy
11
of the comparison.
12
(b) The number of pupils in each grade who are retained in the
13
same grade pursuant to NRS 392.033, 392.125 or 392.760, for each
14
school in the district and the district as a whole, including, without
15
limitation, each charter school sponsored by the district.
16
(c) The transiency rate of pupils for each school in the district
17
and the district as a whole, including, without limitation, each
18
charter school sponsored by the district. For the purposes of this
19
paragraph, a pupil is not transient if the pupil is transferred to a
20
different school within the school district as a result of a change in
21
the zone of attendance by the board of trustees of the school district
22
pursuant to NRS 388.040.
23
(d) The number of habitual truants reported for each school in
24
the district and for the district as a whole, including, without
25
limitation, the number who are:
26
(1) Reported to an attendance officer, a school police officer
27
or a local law enforcement agency pursuant to paragraph (a) of
28
subsection 2 of NRS 392.144;
29
(2) Referred to an advisory board to review school
30
attendance pursuant to paragraph (b) of subsection 2 of NRS
31
392.144; and
32
(3) Referred for the imposition of administrative sanctions
33
pursuant to paragraph (c) of subsection 2 of NRS 392.144.
34
2. The information included pursuant to subsection 1 must
35
allow such information to be disaggregated by:
36
(a) Pupils who are economically disadvantaged;
37
(b) Pupils from major racial and ethnic groups;
38
(c) Pupils with disabilities;
39
(d) Pupils who are English learners;
40
(e) Pupils who are migratory children;
41
(f) Gender;
42
(g) Pupils who are homeless;
43
(h) Pupils in foster care; and
44
– 16 –
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*SB224*
(i) Pupils whose parent or guardian is a member of the Armed
1
Forces of the United States, a reserve component thereof or the
2
National Guard.
3
3. On or before September 30 of each year:
4
(a) The board of trustees of each school district shall submit to
5
each advisory board to review school attendance created in the
6
county pursuant to NRS 392.126 the information required by
7
paragraph (a) of subsection 1.
8
(b) The State Public Charter School Authority, the Department,
9
each college or university within the Nevada System of Higher
10
Education and each city or county that sponsors a charter school
11
shall submit to each advisory board to review school attendance
12
created in a county pursuant to NRS 392.126 the information
13
regarding the records of the attendance and truancy of pupils
14
enrolled in the charter school located in that county, if any, in
15
accordance with the regulations prescribed by the Department
16
pursuant to subsection 3 of NRS 385A.070.
17
Sec. 11. NRS 385A.720 is hereby amended to read as follows:
18
385A.720 1. Except as otherwise provided in subsection 3:
19
(a) Based upon the information received from the Department
20
pursuant to NRS 385A.670, the board of trustees of each school
21
district shall, on or before August 15 of each year, issue a
22
preliminary rating for each public school in the school district in
23
accordance with the statewide system of accountability for public
24
schools, excluding charter schools sponsored by the State Public
25
Charter School Authority, the Department, a college or university
26
within the Nevada System of Higher Education or a city or county.
27
(b) The board of trustees shall make preliminary ratings for all
28
charter schools that are sponsored by the board of trustees.
29
(c) The Department shall make preliminary ratings for all
30
charter schools sponsored by the State Public Charter School
31
Authority [,] and the Department, all charter schools sponsored by
32
a college or university within the Nevada System of Higher
33
Education and all charter schools sponsored by a city or county.
34
2. Except as otherwise provided in subsection 3:
35
(a) Before making a final rating for a school, the board of
36
trustees of the school district or the Department, as applicable, shall
37
provide the school an opportunity to review the data upon which the
38
preliminary rating is based and to present evidence.
39
(b) If the school is a public school of the school district or a
40
charter school sponsored by the board of trustees, the board of
41
trustees of the school district shall, in consultation with the
42
Department, make a final determination concerning the rating for
43
the school on September 15.
44
– 17 –
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*SB224*
(c) If the school is a charter school sponsored by the State Public
1
Charter School Authority, the Department, a college or university
2
within the Nevada System of Higher Education or a city or county,
3
the Department shall make a final determination concerning the
4
rating for the school on September 15.
5
3. The Department may temporarily waive or otherwise pause
6
the requirement to make ratings for public schools that comply with
7
20 U.S.C. § 6311(c) pursuant to this section if the United States
8
Department of Education grants a waiver from or otherwise pauses
9
the requirements of 20 U.S.C. § 6311(c).
10
4. On or before September 15 of each year, the Department
11
shall post on the Internet website maintained by the Department the
12
determinations and final ratings made for all schools in this State.
13
Sec. 12. NRS 388.795 is hereby amended to read as follows:
14
388.795 1. The Department shall establish a plan for the use
15
of educational technology in the public schools of this State. In
16
preparing the plan, the Department shall consider:
17
(a) Plans that have been adopted by the school districts and
18
charter schools in this State and any other relevant plan that has
19
been adopted by the Department;
20
(b) Plans that have been adopted in other states;
21
(c) The information reported pursuant to NRS 385A.310 and
22
similar information included in the annual report of accountability
23
information prepared by the State Public Charter School Authority,
24
the Department, a college or university within the Nevada System
25
of Higher Education and a city or county that sponsors a charter
26
school pursuant to subsection 3 of NRS 385A.070;
27
(d) The results of the assessment of needs conducted pursuant to
28
subsection 5; and
29
(e) Any other information that the Department or the Committee
30
deems relevant to the preparation of the plan.
31
2. The plan established by the Department must include
32
recommendations for methods to:
33
(a) Incorporate educational technology into the public schools of
34
this State;
35
(b) Increase the number of pupils in the public schools of this
36
State who have access to educational technology;
37
(c) Increase the availability of educational technology to assist
38
licensed teachers and other educational personnel in complying with
39
the requirements of continuing education, including, without
40
limitation, the receipt of credit for college courses completed
41
through the use of educational technology;
42
(d) Facilitate the exchange of ideas to improve the achievement
43
of pupils who are enrolled in the public schools of this State; and
44
– 18 –
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*SB224*
(e) Address the needs of teachers in incorporating the use of
1
educational technology in the classroom, including, without
2
limitation, the completion of training that is sufficient to enable the
3
teachers to instruct pupils in the use of educational technology.
4
3. The following entities shall cooperate with the Department
5
in carrying out the provisions of this section:
6
(a) The State Board.
7
(b) The board of trustees of each school district.
8
(c) The superintendent of schools of each school district.
9
4. The Department shall:
10
(a) Develop technical standards for educational technology and
11
any electrical or structural appurtenances necessary thereto,
12
including, without limitation, uniform specifications for computer
13
hardware and wiring, to ensure that such technology is compatible,
14
uniform and can be interconnected throughout the public schools of
15
this State.
16
(b) Allocate money to the school districts from the Trust Fund
17
for Educational Technology created pursuant to NRS 388.800 and
18
any money appropriated by the Legislature for educational
19
technology, subject to any priorities for such allocation established
20
by the Legislature.
21
(c) Establish criteria for the board of trustees of a school district
22
that receives an allocation of money from the Trust Fund to:
23
(1) Repair, replace and maintain computer systems.
24
(2) Upgrade and improve computer hardware and software
25
and other educational technology.
26
(3) Provide training, installation and technical support related
27
to the use of educational technology within the district.
28
(d) Submit to the Governor and the Committee its plan for the
29
use of educational technology in the public schools of this State and
30
any recommendations for legislation.
31
(e) Review the plan annually and make revisions as it deems
32
necessary or as recommended by the Committee.
33
(f) In addition to the recommendations set forth in the plan
34
pursuant to subsection 2, make further recommendations to the
35
Committee as the Department deems necessary.
36
5. During the spring semester of each even-numbered school
37
year, the Department shall conduct an assessment of the needs of
38
each school district relating to educational technology. In
39
conducting the assessment, the Department shall consider:
40
(a) The recommendations set forth in the plan pursuant to
41
subsection 2;
42
(b) The plan for educational technology of each school district,
43
if applicable;
44
– 19 –
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*SB224*
(c) Evaluations of educational technology conducted for the
1
State or for a school district, if applicable; and
2
(d) Any other information deemed relevant by the Department.
3
The Department shall submit a final written report of the
4
assessment to the Superintendent of Public Instruction on or before
5
April 1 of each even-numbered year.
6
6. The Superintendent of Public Instruction shall prepare a
7
written compilation of the results of the assessment conducted by
8
the Department and transmit the written compilation on or before
9
June 1 of each even-numbered year to the Committee and to the
10
Director of the Legislative Counsel Bureau for transmission to the
11
next regular session of the Legislature.
12
7. The Director may appoint an advisory committee composed
13
of employees of the Department or other qualified persons to
14
provide recommendations to the Department regarding standards for
15
the establishment, coordination and use of a telecommunications
16
network in the public schools throughout the various school districts
17
in this State. The advisory committee serves at the pleasure of the
18
Director and without compensation unless an appropriation or other
19
money for that purpose is provided by the Legislature.
20
8. As used in this section, “public school” includes the Caliente
21
Youth Center, the Nevada Youth Training Center and any other
22
state facility for the detention of children that is operated pursuant to
23
title 5 of NRS.
24
Sec. 13. Chapter 388A of NRS is hereby amended by adding
25
thereto the provisions set forth as sections 14 to 27, inclusive, of this
26
act.
27
Sec. 14. “Charter school” does not include a Department
28
charter school, except to the extent provided by section 25 of this
29
act.
30
Sec. 15. As used in sections 15 to 27, inclusive, of this act,
31
unless the context otherwise requires, the words and terms defined
32
in sections 16, 17 and 18 of this act have the meanings ascribed to
33
them in those sections.
34
Sec. 16. “Charter management organization” means a
35
nonprofit corporation, organization or other entity that provides
36
services relating to the operation and management of charter
37
schools.
38
Sec. 17. “Educational management organization” means a
39
for-profit corporation, business, organization or other entity that
40
provides services relating to the operation and management of
41
charter schools.
42
Sec. 18. “Public school” does not include a charter school or
43
a university school for profoundly gifted pupils.
44
– 20 –
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*SB224*
Sec. 19. 1. The Account for Department Charter Schools is
1
hereby created in the State General Fund, to be administered by
2
the Superintendent of Public Instruction.
3
2. The interest and income earned on the money in the
4
Account must be credited to the Account.
5
3. The money in the Account may be used only for the
6
establishment and maintenance of Department charter schools.
7
4. Any money remaining in the Account at the end of a fiscal
8
year does not revert to the State General Fund, and the balance in
9
the Account must be carried forward to the next fiscal year.
10
5. The Department may accept gifts, grants, donations and
11
bequests to carry out the responsibilities of the Department
12
pursuant to sections 15 to 27, inclusive, of this act. Any money
13
from gifts, grants, donations and bequests must be deposited in the
14
Account and may be expended in accordance with the terms and
15
conditions of the gift, grant or bequest, or in accordance with this
16
section.
17
6. Claims against the Account must be paid as other claims
18
against the State are paid.
19
Sec. 20. 1. The
Department
shall
take
over
the
20
responsibility for a public school and convert the public school to
21
a Department charter school if, for 3 consecutive years, based
22
upon the annual reports of the statewide system of accountability
23
for public schools, the public school was rated in the lowest 5
24
percent of public schools in this State in pupil achievement and
25
school performance.
26
2. The Department shall notify a public school which will be
27
converted to a Department charter school pursuant to subsection
28
1, and notify the school district in which the public school is
29
located, not later than 60 days after determining that conversion is
30
required.
31
Sec. 21. 1. For each public school which is converted to a
32
Department charter school pursuant to section 20 of this act, the
33
Superintendent of Public Instruction shall:
34
(a) Solicit
applications
from
educational
management
35
organizations, charter management organizations and other
36
persons to operate the Department charter school.
37
(b) Provide information to parents of pupils enrolled at the
38
public school concerning programs of instruction that applicants
39
to operate the Department charter school have proposed to offer at
40
the Department charter school and, in accordance with any
41
regulations adopted pursuant to section 27 of this act, solicit the
42
input of such parents concerning the needs of such pupils and the
43
ability of the proposed programs of instruction to address those
44
needs.
45
– 21 –
-
*SB224*
(c) Taking into consideration the input provided pursuant to
1
paragraph (b), evaluate the applications submitted to operate the
2
Department charter school and approve an application that the
3
Department determines is high quality, meets the identified
4
educational needs of pupils and is likely to improve pupil
5
achievement and school performance.
6
(d) Negotiate and enter into a contract to operate the
7
Department charter school directly with a charter management
8
organization, educational management organization or other
9
person whose application is approved pursuant to paragraph (c).
10
Such a contract must not:
11
(1) Contain any provision that would delay or prevent the
12
approval of an application by the governing body of the
13
Department charter school or the Department for an exemption
14
from federal taxation pursuant to 26 U.S.C. § 501(c)(3);
15
(2) Require the Department to pay any costs associated with
16
ensuring that services comply with state and federal law;
17
(3) Provide that the charter management organization,
18
educational management organization or other person, as
19
applicable, is not liable for failing to comply with the requirements
20
of the contract; or
21
(4) Provide for the enforcement of terms of the contract
22
that conflict with an applicable charter contract or federal or state
23
law.
24
(e) Monitor and evaluate pupil achievement and school
25
performance of each Department charter school.
26
2. The Department shall adopt regulations that prescribe the
27
process by which a charter management organization, educational
28
management organization or other person may apply to operate a
29
Department charter school. Such regulations must, without
30
limitation:
31
(a) Require each application to include a plan to involve and
32
engage the parents and families of pupils enrolled at the
33
Department charter school; and
34
(b) Authorize a charter management organization, educational
35
management organization or other person to submit one
36
application to operate more than one Department charter school.
37
3. If a charter management organization, educational
38
management organization or other person applies to operate more
39
than one Department charter school pursuant to paragraph (b) of
40
subsection 2, the Department must not approve the application
41
unless any Department charter school currently operated by the
42
charter management organization, educational management
43
organization or other person, as applicable, meets specific criteria
44
– 22 –
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*SB224*
for pupil achievement and school performance established for
1
each such school by the Department.
2
Sec. 22. 1. After a contract is entered into pursuant to
3
section 21 of this act, the Department shall be deemed the sponsor
4
of the Department charter school for all purposes, including,
5
without limitation, receipt of the sponsorship fee prescribed by
6
NRS 388A.414.
7
2. The charter management organization,
educational
8
management organization or other person with whom the
9
Superintendent of Public Instruction enters into a contract to
10
operate the Department charter school shall appoint the governing
11
body of the Department charter school, consisting of such persons
12
as deemed appropriate by the charter management organization,
13
educational management organization or other person, as
14
applicable, and who meet the requirements set forth in subsection
15
3. The governing body has such powers and duties as assigned
16
pursuant to sections 15 to 27, inclusive, of this act and any other
17
applicable law or regulation and by the Superintendent of Public
18
Instruction.
19
3. At least two members of the governing body of a
20
Department charter school must reside in the community in which
21
the Department charter school is located. A person who is
22
employed by the charter management organization, educational
23
management organization or other person with whom the
24
Superintendent of Public Instruction has entered into a contract to
25
operate the Department charter school may not serve as a voting
26
member of the governing body of the Department charter school.
27
4. The Superintendent of Public Instruction may terminate a
28
contract to operate a Department charter school before the
29
expiration of the contract under circumstances prescribed by
30
regulation of the Department.
31
Sec. 23. 1. After the governing body of a Department
32
charter school is appointed pursuant to section 22 of this act, the
33
governing body shall select the principal of the Department
34
charter school. The principal shall review each employee of the
35
public school that was converted to a Department charter school to
36
determine whether to offer the employee a position in the
37
Department charter school based on the needs of the school and
38
the ability of the employee to effectively meet those needs. The
39
board of trustees of the school district in which the Department
40
charter school is located may terminate the employment of or
41
reassign any employee who is not offered a position in the
42
Department charter school or does not accept such a position.
43
2. A public school which is converted to a Department
44
charter school pursuant to section 20 of this act must continue to
45
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operate in the same building in which the school operated before
1
being converted to a Department charter school. The board of
2
trustees of the school district in which the school is located must
3
provide such use of the building without compensation. While the
4
school is operated as a Department charter school, the governing
5
body of the Department charter school shall pay all costs related to
6
the maintenance and operation of the building and the board of
7
trustees shall pay all capital expenses.
8
3. The board of trustees of a school district:
9
(a) Is not required to give priority to a capital project at a
10
public school that is selected for conversion to a Department
11
charter school; and
12
(b) Shall not reduce the priority of such a capital project that
13
existed before the school was selected for conversion.
14
4. Any pupil who was enrolled at a public school before the
15
school was converted to a Department charter school pursuant to
16
section 20 of this act must be enrolled in the Department charter
17
school, unless the parent or guardian of the pupil submits a
18
written notice to the principal of the Department charter school
19
that the pupil will not continue to be enrolled in the Department
20
charter school.
21
5. The governing body of a Department charter school shall
22
not authorize the payment of loans, advances or other monetary
23
charges to the charter management organization, educational
24
management organization or other person with whom the
25
Superintendent of Public Instruction has entered into a contract to
26
operate the Department charter school which are greater than 15
27
percent of the total expected funding to be received by the
28
Department charter school from the State Education Fund.
29
Sec. 24. 1. Each Department charter school is hereby
30
deemed a local educational agency for the purpose of receiving
31
any money available from federal grant programs. A Department
32
charter school that receives money pursuant to such a grant
33
program shall comply with any applicable reporting requirements
34
to receive the grant.
35
2. As used in this section, “local educational agency” has the
36
meaning ascribed to it in 20 U.S.C. § 7801(30)(A).
37
Sec. 25. 1. Except as otherwise provided in this section, the
38
provisions of this chapter are not applicable to a Department
39
charter school.
40
2. The provisions of NRS 388A.090, 388A.095, 388A.100,
41
388A.171, 388A.226, 388A.247, 388A.323, 388A.345, 388A.348,
42
388A.352 to 388A.355, inclusive, 388A.363 to 388A.369, inclusive,
43
subsection 1 of NRS 388A.3934, NRS 388A.405 to 388A.420,
44
– 24 –
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*SB224*
inclusive, and 388A.471 to 388A.695, inclusive, apply to a
1
Department charter school.
2
Sec. 26. 1. Upon request of the Superintendent of Public
3
Instruction, the board of trustees of the school district in which a
4
Department charter school is located shall provide facilities to
5
operate the Department charter school, in addition to and not
6
including the building in which the Department charter school
7
operates pursuant to section 23 of this act, or perform any service
8
relating to the operation of the Department charter school,
9
including, without limitation, transportation, the provision of food
10
services and health services for pupils who are enrolled in the
11
Department charter school and the provision of school police
12
officers. The governing body of the Department charter school
13
shall reimburse the board of trustees of the school district for the
14
cost of such facilities and services. If a dispute arises between the
15
governing body of a Department charter school or the Department
16
and the board of trustees of a school district concerning the cost of
17
such facilities and services to be reimbursed, the Superintendent
18
of Public Instruction must determine the cost to be reimbursed.
19
2. To the extent that money is available from legislative
20
appropriation or otherwise, a Department charter school that does
21
not meet the requirements of subsection 1 of NRS 388A.405 may
22
apply to the Department for money for facilities if the Department
23
charter school meets the requirements prescribed by regulation of
24
the Department.
25
3. A school district that provides school police officers to a
26
Department charter school pursuant to this section is immune
27
from civil and criminal liability for any act or omission of a school
28
police officer that provides services to the Department charter
29
school.
30
Sec. 27. The Department shall adopt any regulations
31
necessary or convenient to carry out the provisions of sections 15
32
to 27, inclusive, of this act. The regulations may prescribe, without
33
limitation:
34
1. The process by which the Superintendent of Public
35
Instruction must solicit the input of parents of pupils enrolled at a
36
public school that will be converted to a Department charter
37
school concerning the needs of such pupils pursuant to section 21
38
of this act before approving an application to operate the
39
Department charter school pursuant to section 20 of this act.
40
2. The process by which the Superintendent of Public
41
Instruction must solicit applications to operate a Department
42
charter school and the procedure and criteria that the
43
Superintendent must use when evaluating such applications
44
pursuant to section 20 of this act.
45
– 25 –
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*SB224*
3. The manner in which the Superintendent of Public
1
Instruction must monitor and evaluate pupil achievement and
2
school performance of a Department charter school.
3
4. The process by which a parent or legal guardian of a child
4
may apply for enrollment in a Department charter school,
5
including, without limitation, the required contents of the
6
application and the criteria used to determine which pupils will be
7
enrolled in the Department charter school. A Department charter
8
school shall not accept applications for enrollment in the
9
Department charter school or otherwise discriminate based on the
10
race, gender, religion, ethnicity, disability, sexual orientation or
11
gender identity or expression of a pupil.
12
5. Requirements
for
annual
independent
audits
of
13
Department charter schools, including, without limitation:
14
(a) Required training for prospective auditors on the
15
expectations and scope of the audits;
16
(b) Annual performance audits and financial audits of
17
Department charter schools that do not satisfy the requirements of
18
subsection 1 of NRS 388A.405; and
19
(c) Performance audits every 3 years and annual financial
20
audits of Department charter schools that satisfy the requirements
21
of subsection 1 of NRS 388A.405.
22
6. Ethics requirements for the governing bodies of charter
23
schools.
24
7. Procedures for accounting and budgeting.
25
8. The process by which the Superintendent of Public
26
Instruction must fulfill the duties prescribed by subsection 1 of
27
section 21 of this act.
28
Sec. 28. NRS 388A.010 is hereby amended to read as follows:
29
388A.010 As used in this chapter, the words and terms defined
30
in NRS 388A.015 to 388A.050, inclusive, and section 14 of this act
31
have the meanings ascribed to them in those sections.
32
Sec. 29. NRS 388A.075 is hereby amended to read as follows:
33
388A.075 [The] Except as otherwise provided in section 20 of
34
this act, the Legislature declares that by authorizing the formation
35
of charter schools it is not authorizing:
36
1. The conversion of an existing public school, homeschool or
37
other program of home study to a charter school.
38
2. A means for providing financial assistance for private
39
schools or programs of home study. The provisions of this
40
subsection do not preclude:
41
(a) A private school from ceasing to operate as a private school
42
and reopening as a charter school in compliance with the provisions
43
of this chapter.
44
– 26 –
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*SB224*
(b) The payment of money to a charter school for the enrollment
1
of children in classes at the charter school pursuant to subsection 1
2
of NRS 388A.471 who are enrolled in a public school of a school
3
district or a private school or who are homeschooled.
4
3. The formation of charter schools on the basis of a single
5
race, religion or ethnicity.
6
Sec. 30. NRS 388A.080 is hereby amended to read as follows:
7
388A.080 The provisions of this chapter do not authorize an
8
existing public school, homeschool or other program of home study
9
to convert to a charter school [.] , except as otherwise provided in
10
section 20 of this act.
11
Sec. 31. NRS 388A.353 is hereby amended to read as follows:
12
388A.353 On or before November 1 of each even-numbered
13
year, the governing body of each charter school that [enters into a
14
contract with] is operated by or receives services from an
15
educational management organization shall submit to the sponsor of
16
the charter school a report that includes the amount paid to the
17
educational
management
organization
in
the
current
and
18
immediately preceding fiscal years. On or before November 1 of
19
each even-numbered year, each sponsor of a charter school that
20
[enters into a contract with] is operated by or receives services from
21
an educational management organization shall submit to the
22
Director of the Legislative Counsel Bureau for transmission to
23
the next regular session of the Legislature a report that includes the
24
amount paid to the educational management organization by the
25
charter school in the current and immediately preceding fiscal years.
26
Sec. 32. NRS 388A.354 is hereby amended to read as follows:
27
388A.354 1. The governing body of a charter school that
28
receives services from an educational management organization
29
shall:
30
(a) Post to the Internet website of the charter school:
31
(1) Each financial audit and each performance audit of the
32
charter school required by the Department pursuant to NRS
33
388A.105 or 388A.110 [;] or section 27 of this act;
34
(2) Information on the contract with the charter management
35
organization
or
the
educational
management
organization,
36
including, without limitation:
37
(I) The amount of money received by the educational
38
management organization from public and private sources to carry
39
out the terms of the contract;
40
(II) The expenditures of the educational management
41
organization relating to carrying out the contract, including, without
42
limitation, the payment of salaries, benefits and bonuses; and
43
(III) An identification of each contract, transaction and
44
agreement entered into by the educational management organization
45
– 27 –
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*SB224*
relating to carrying out the contract with the charter school,
1
including, without limitation, contracts, transactions and agreements
2
with parent organizations, subsidiaries and partnerships of the
3
educational management organization; and
4
(3) To the extent practicable, information on any contract
5
between a member of the governing body of the charter school or
6
any member of the family of the member of the governing body and
7
another charter school, sponsor of a charter school, charter
8
management organization or educational management organization.
9
(b) Submit information on the contract with the educational
10
management organization and a letter describing whether the
11
governing body of the charter school is satisfied with the contractual
12
relationship with the educational management organization to the
13
sponsor of the charter school.
14
2. The sponsor of a charter school may, after reviewing the
15
information provided pursuant to paragraph (b) of subsection 1,
16
request additional information, conduct an investigation or
17
otherwise take action relating to the information received by the
18
sponsor of the charter school.
19
3. On or before December 15 of each odd-numbered year, the
20
sponsor of a charter school that receives information on a contract
21
between the governing body of a charter school and an educational
22
management organization pursuant to subsection 1 shall submit a
23
report of such information to the Joint Interim Standing Committee
24
on Education.
25
Sec. 33. NRS 388A.405 is hereby amended to read as follows:
26
388A.405 1. To the extent money is available from
27
legislative appropriation or otherwise, a charter school may apply to
28
the Department for money for facilities if:
29
(a) The charter school has been operating in this State for at
30
least 5 consecutive years and is in good financial standing;
31
(b) Each financial audit and each performance audit of the
32
charter school required by the Department pursuant to NRS
33
388A.105 or 388A.110 or section 27 of this act contains no major
34
notations, corrections or errors concerning the charter school for at
35
least 5 consecutive years;
36
(c) The charter school has met or exceeded the school
37
achievement targets and performance targets established pursuant to
38
the statewide system of accountability for public schools or has
39
demonstrated improvement in the achievement of pupils enrolled in
40
the charter school, as indicated by those school achievement targets
41
and performance targets, for the majority of the years of its
42
operation; and
43
(d) At least 75 percent of the pupils enrolled in grade 12 in the
44
charter school in the immediately preceding school year have
45
– 28 –
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*SB224*
satisfied the requirements of subsection 3 or 4 of NRS 390.600 or
1
the criteria prescribed by the State Board pursuant to subsection 1 of
2
NRS 390.600, if the charter school enrolls pupils at a high school
3
grade level.
4
2. A charter school that satisfies the requirements of subsection
5
1 shall submit to a performance audit as required by the Department
6
one time every 3 years. The sponsor of the charter school and the
7
Department shall not request a performance audit of the charter
8
school more frequently than every 3 years without reasonable
9
evidence of noncompliance in achieving the educational goals and
10
objectives of the charter school based upon the annual report
11
submitted to the Department pursuant to NRS 388A.351. If the
12
charter school no longer satisfies the requirements of subsection 1 or
13
if reasonable evidence of noncompliance in achieving the
14
educational goals and objectives of the charter school exists based
15
upon the annual report, the charter school shall, upon written notice
16
from the sponsor, submit to an annual performance audit.
17
Notwithstanding the provisions of paragraph (b) of subsection 1,
18
such a charter school:
19
(a) May, after undergoing the annual performance audit, reapply
20
to the sponsor to determine whether the charter school satisfies the
21
requirements of paragraphs (a), (c) and (d) of subsection 1.
22
(b) Is not eligible for any available money pursuant to
23
subsection 1 until the sponsor determines that the charter school
24
satisfies the requirements of that subsection.
25
3. A charter school that does not satisfy the requirements of
26
subsection 1 shall submit a quarterly report of the financial status of
27
the charter school if requested by the sponsor of the charter school.
28
Sec. 34. NRS 388G.050 is hereby amended to read as follows:
29
388G.050 1. There is hereby established a Program of
30
Empowerment Schools for public schools within this State. The
31
Program does not include a university school for profoundly gifted
32
pupils [.] or a Department charter school.
33
2. The board of trustees of a school district which is located:
34
(a) In a county whose population is less than 100,000 may
35
approve public schools located within the school district to operate
36
as empowerment schools.
37
(b) In a county whose population is 100,000 or more but less
38
than 700,000 shall approve not less than 5 percent of the schools
39
located within the school district to operate as empowerment
40
schools.
41
3. The board of trustees of a school district which participates
42
in the Program of Empowerment Schools shall, on or before
43
September 1 of each year, provide notice to the Department of the
44
– 29 –
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*SB224*
number of schools within the school district that are approved to
1
operate as empowerment schools for that school year.
2
4. The board of trustees of a school district that participates in
3
the Program of Empowerment Schools may create a design team for
4
the school district. If such a design team is created, the membership
5
of the design team must consist of the following persons appointed
6
by the board of trustees:
7
(a) At least one representative of the board of trustees;
8
(b) The superintendent of the school district, or the
9
superintendent’s designee;
10
(c) Parents and legal guardians of pupils enrolled in public
11
schools in the school district;
12
(d) Teachers and other educational personnel employed by the
13
school district, including, without limitation, school administrators;
14
(e) Representatives of organizations that represent teachers and
15
other educational personnel;
16
(f) Representatives of the community in which the school
17
district is located and representatives of businesses within the
18
community; and
19
(g) Such other members as the board of trustees determines are
20
necessary.
21
5. If a design team is created for a school district, the design
22
team shall:
23
(a) Recommend
policies
and
procedures
relating
to
24
empowerment schools to the board of trustees of the school district;
25
and
26
(b) Advise the board of trustees on issues relating to
27
empowerment schools.
28
6. The board of trustees of a school district may accept gifts,
29
grants and donations from any source for the support of the
30
empowerment schools within the school district.
31
Sec. 35. NRS 391.282 is hereby amended to read as follows:
32
391.282 1. The jurisdiction of each school police officer of a
33
school district extends to all school property, buildings and facilities
34
within the school district and, if the board of trustees has entered
35
into a contract with a charter school for the provision of school
36
police officers pursuant to NRS 388A.384 [,] or provides school
37
police officers to a Department charter school pursuant to section
38
26 of this act, all property, buildings and facilities in which the
39
charter school is located, for the purpose of:
40
(a) Protecting school district personnel, pupils, or real or
41
personal property; or
42
(b) Cooperating with local law enforcement agencies in matters
43
relating to personnel, pupils or real or personal property of the
44
school district.
45
– 30 –
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*SB224*
2. In addition to the jurisdiction set forth in subsection 1, a
1
school police officer of a school district has jurisdiction:
2
(a) Beyond the school property, buildings and facilities:
3
(1) When in hot pursuit of a person believed to have
4
committed a crime; or
5
(2) While investigating matters that originated within the
6
jurisdiction of the school police officer relating to personnel, pupils
7
or real or personal property of the school district;
8
(b) At activities or events sponsored by the school district that
9
are in a location other than the school property, buildings or
10
facilities within the school district; and
11
(c) On the streets that are adjacent to the school property,
12
buildings and facilities within the school district to enforce
13
violations of traffic laws and ordinances.
14
3. A law enforcement agency that is contacted for assistance by
15
a public school or private school which does not have school police
16
shall respond according to the protocol of the law enforcement
17
agency established for responding to calls for assistance from the
18
general public.
19
Sec. 36. NRS 392.128 is hereby amended to read as follows:
20
392.128 1. Each advisory board to review school attendance
21
created pursuant to NRS 392.126 shall:
22
(a) Review the records of the attendance and truancy of pupils
23
submitted to the advisory board to review school attendance by the
24
board of trustees of the school district, the Department or the State
25
Public Charter School Authority or a college or university within the
26
Nevada System of Higher Education or a city or county that
27
sponsors
a
charter
school
pursuant to
subsection
3
of
28
NRS 385A.240;
29
(b) Identify factors that contribute to the truancy of pupils in the
30
school district;
31
(c) Establish programs to reduce the truancy of pupils in the
32
school district, including, without limitation, the coordination of
33
services available in the community to assist with the intervention,
34
diversion and discipline of pupils who are truant;
35
(d) At least annually, evaluate the effectiveness of those
36
programs;
37
(e) Establish a procedure for schools and school districts for the
38
reporting of the status of pupils as habitual truants; and
39
(f) Inform the parents and legal guardians of the pupils who are
40
enrolled in the schools within the district of the policies and
41
procedures adopted pursuant to the provisions of this section.
42
2. The chair of an advisory board may divide the advisory
43
board into subcommittees. The advisory board may delegate one or
44
more of the duties of the advisory board to a subcommittee of the
45
– 31 –
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*SB224*
advisory board, including, without limitation, holding hearings
1
pursuant to NRS 392.147. If the chair of an advisory board divides
2
the advisory board into subcommittees, the chair shall notify the
3
board of trustees of the school district of this action. Upon receipt of
4
such a notice, the board of trustees shall establish rules and
5
procedures for each such subcommittee. A subcommittee shall abide
6
by the applicable rules and procedures when it takes action or makes
7
decisions.
8
3. An advisory board to review school attendance may work
9
with a family resource center or other provider of community
10
services to provide assistance to pupils who are truant. The advisory
11
board shall identify areas within the school district in which
12
community services are not available to assist pupils who are truant.
13
As used in this subsection, “family resource center” has the meaning
14
ascribed to it in NRS 430A.040.
15
4. An advisory board to review school attendance created in a
16
county pursuant to NRS 392.126 may use money appropriated by
17
the Legislature and any other money made available to the advisory
18
board for the use of programs to reduce the truancy of pupils in the
19
school district. The advisory board to review school attendance
20
shall, on a quarterly basis, provide to the board of trustees of the
21
school district an accounting of the money used by the advisory
22
board to review school attendance to reduce the truancy of pupils in
23
the school district.
24
Sec. 37. The preliminary chapter of NRS is hereby amended
25
by adding thereto a new section to read as follows:
26
Except as otherwise explicitly provided in a particular statute
27
or required by the context, “charter school” means any public
28
school that is formed pursuant to the provisions of chapter 388A
29
of NRS.
30
Sec. 38. NRS 280.287 is hereby amended to read as follows:
31
280.287 1. The department may enter into a contract with the
32
board of trustees of the school district located in the county served
33
by the department for the provision and supervision of police
34
services in the public schools within the school district and any
35
charter school with which the board of trustees has entered into a
36
contract for the provision of school police officers pursuant to NRS
37
388A.384 [,] or to which the board of trustees provides school
38
police officers pursuant to section 26 of this act, and on property
39
owned by the school district and, if applicable, on property owned
40
or operated by a charter school. If the department enters into a
41
contract pursuant to this section, the department shall create a
42
separate unit designated as the school police unit for this purpose.
43
– 32 –
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*SB224*
2. The department may establish different qualifications and
1
training requirements for officers assigned to the school police unit
2
than those generally applicable to officers of the department.
3
Sec. 39. NRS 288.150 is hereby amended to read as follows:
4
288.150 1. Except as otherwise provided in subsection 6 and
5
NRS 354.6241, every local government employer shall negotiate in
6
good faith through one or more representatives of its own choosing
7
concerning the mandatory subjects of bargaining set forth in
8
subsection 2 with the designated representatives of the recognized
9
employee organization, if any, for each appropriate bargaining unit
10
among its employees. If either party so requests, agreements reached
11
must be reduced to writing.
12
2. The scope of mandatory bargaining is limited to:
13
(a) Salary or wage rates or other forms of direct monetary
14
compensation.
15
(b) Sick leave.
16
(c) Vacation leave.
17
(d) Holidays.
18
(e) Other paid or nonpaid leaves of absence.
19
(f) Insurance benefits.
20
(g) Total hours of work required of an employee on each
21
workday or workweek.
22
(h) Total number of days’ work required of an employee in a
23
work year.
24
(i) Except as otherwise provided in subsections 8 , [and] 11 [,]
25
and 12, discharge and disciplinary procedures.
26
(j) Recognition clause.
27
(k) The method used to classify employees in the bargaining
28
unit.
29
(l) Deduction of dues for the recognized employee organization.
30
(m) Protection of employees in the bargaining unit from
31
discrimination because of participation in recognized employee
32
organizations consistent with the provisions of this chapter.
33
(n) No-strike provisions consistent with the provisions of this
34
chapter.
35
(o) Grievance and arbitration procedures for resolution of
36
disputes relating to interpretation or application of collective
37
bargaining agreements.
38
(p) General savings clauses.
39
(q) Duration of collective bargaining agreements.
40
(r) Safety of the employee.
41
(s) Teacher preparation time.
42
(t) Materials and supplies for classrooms.
43
(u) Except as otherwise provided in subsections 9 , [and] 11 [,]
44
and 12 the policies for the transfer and reassignment of teachers.
45
– 33 –
-
*SB224*
(v) Procedures for reduction in workforce consistent with the
1
provisions of this chapter.
2
(w) Procedures consistent with the provisions of subsection 6
3
for the reopening of collective bargaining agreements for additional,
4
further, new or supplementary negotiations during periods of fiscal
5
emergency.
6
3. Those subject matters which are not within the scope of
7
mandatory bargaining and which are reserved to the local
8
government employer without negotiation include:
9
(a) Except as otherwise provided in paragraph (u) of subsection
10
2, the right to hire, direct, assign or transfer an employee, but
11
excluding the right to assign or transfer an employee as a form of
12
discipline.
13
(b) The right to reduce in force or lay off any employee because
14
of lack of work or lack of money, subject to paragraph (v) of
15
subsection 2.
16
(c) The right to determine:
17
(1) Appropriate staffing levels and work performance
18
standards, except for safety considerations;
19
(2) The content of the workday, including, without
20
limitation, workload factors, except for safety considerations;
21
(3) The quality and quantity of services to be offered to the
22
public; and
23
(4) The means and methods of offering those services.
24
(d) Safety of the public.
25
4. The provisions of NRS 245.063, 268.4069 and 391.1605 are
26
not subject to negotiations with an employee organization. Any
27
provision of a collective bargaining agreement negotiated pursuant
28
to this chapter which differs from or conflicts in any way with the
29
provisions of NRS 245.063, 268.4069 or 391.1605 is unenforceable
30
and void.
31
5. If the local government employer is a school district, any
32
money appropriated by the State to carry out increases in salaries or
33
benefits for the employees of the school district is subject to
34
negotiations with an employee organization.
35
6. Notwithstanding the provisions of any collective bargaining
36
agreement negotiated pursuant to this chapter, a local government
37
employer is entitled to:
38
(a) Reopen a collective bargaining agreement for additional,
39
further, new or supplementary negotiations relating to compensation
40
or monetary benefits during a period of fiscal emergency.
41
Negotiations must begin not later than 21 days after the local
42
government employer notifies the employee organization that a
43
fiscal emergency exists. For the purposes of this section, a fiscal
44
emergency shall be deemed to exist:
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(1) If the amount of revenue received by the general fund of
1
the local government employer during the last preceding fiscal year
2
from all sources, except any nonrecurring source, declined by 5
3
percent or more from the amount of revenue received by the general
4
fund from all sources, except any nonrecurring source, during the
5
next preceding fiscal year, as reflected in the reports of the annual
6
audits conducted for those fiscal years for the local government
7
employer pursuant to NRS 354.624; or
8
(2) If the local government employer has budgeted an
9
unreserved ending fund balance in its general fund for the current
10
fiscal year in an amount equal to 4 percent or less of the actual
11
expenditures from the general fund for the last preceding fiscal year,
12
and the local government employer has provided a written
13
explanation of the budgeted ending fund balance to the Department
14
of Taxation that includes the reason for the ending fund balance and
15
the manner in which the local government employer plans to
16
increase the ending fund balance.
17
(b) Take whatever actions may be necessary to carry out its
18
responsibilities in situations of emergency such as a riot, military
19
action, natural disaster or civil disorder. Those actions may include
20
the suspension of any collective bargaining agreement for the
21
duration of the emergency.
22
Any action taken under the provisions of this subsection must not
23
be construed as a failure to negotiate in good faith.
24
7. The provisions of this chapter, including, without limitation,
25
the provisions of this section, recognize and declare the ultimate
26
right and responsibility of the local government employer to manage
27
its operation in the most efficient manner consistent with the best
28
interests of all its citizens, its taxpayers and its employees.
29
8. If the sponsor of a charter school reconstitutes the governing
30
body of a charter school pursuant to NRS 388A.330, the new
31
governing body may terminate the employment of any teachers or
32
other employees of the charter school, and any provision of any
33
agreement negotiated pursuant to this chapter that provides
34
otherwise is unenforceable and void.
35
9. The board of trustees of a school district in which a school is
36
designated as a turnaround school pursuant to NRS 388G.400 or the
37
principal of such a school, as applicable, may take any action
38
authorized pursuant to NRS 388G.400, including, without
39
limitation:
40
(a) Reassigning any member of the staff of such a school; or
41
(b) If the staff member of another public school consents,
42
reassigning that member of the staff of the other public school to
43
such a school.
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10. Any provision of an agreement negotiated pursuant to this
1
chapter which differs from or conflicts in any way with the
2
provisions of subsection 9 or imposes consequences on the board of
3
trustees of a school district or the principal of a school for taking
4
any action authorized pursuant to subsection 9 is unenforceable and
5
void.
6
11. The board of trustees of a school district or the governing
7
body of a charter school or university school for profoundly gifted
8
pupils may use a substantiated report of the abuse or neglect of a
9
child or a violation of NRS 201.540, 201.553, 201.560, 392.4633 or
10
394.366 obtained from the Statewide Central Registry for the
11
Collection of Information Concerning the Abuse or Neglect of a
12
Child established by NRS 432.100 or an equivalent registry
13
maintained by a governmental agency in another jurisdiction for the
14
purposes authorized by NRS 388A.515, 388C.200, 391.033,
15
391.104 or 391.281, as applicable. Such purposes may include,
16
without limitation, making a determination concerning the
17
assignment, discipline or termination of an employee. Any provision
18
of any agreement negotiated pursuant to this chapter which conflicts
19
with the provisions of this subsection is unenforceable and void.
20
12. The board of trustees of a school district may terminate
21
the employment of or reassign any member of the staff of a school
22
that is converted to a Department charter school pursuant to
23
sections 15 to 27, inclusive, of this act and any provision of any
24
agreement negotiated pursuant to this chapter which provides
25
otherwise is unenforceable and void.
26
13. This section does not preclude, but this chapter does not
27
require, the local government employer to negotiate subject matters
28
enumerated in subsection 3 which are outside the scope of
29
mandatory bargaining. The local government employer shall discuss
30
subject matters outside the scope of mandatory bargaining but it is
31
not required to negotiate those matters.
32
[13.] 14. Contract provisions presently existing in signed and
33
ratified agreements as of May 15, 1975, at 12 p.m. remain
34
negotiable.
35
[14.] 15. As used in this section [, “abuse] :
36
(a) “Abuse or neglect of a child” has the meaning ascribed to it
37
in NRS 392.281.
38
(b) “Department charter school” has the meaning ascribed to
39
it in NRS 385.007.
40
Sec. 40. The provisions of section 20 of this act apply to any
41
public school regardless of any other designations or programs to
42
which the school may already be included.
43
Sec. 41. The provisions of NRS 288.150, as amended by
44
section 39 of this act:
45
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1. Apply to any collective bargaining agreement entered into,
1
extended or renewed on or after July 1, 2026, and any provision of
2
the agreement that is in conflict with that section, as amended, is
3
void.
4
2. Do not apply to any collective bargaining agreement entered
5
into before July 1, 2026, during the current term of the agreement.
6
Sec. 42. The provisions of subsection 1 of NRS 218D.380 do
7
not apply to any provision of this act which adds or revises a
8
requirement to submit a report to the Legislature.
9
Sec. 43. The provisions of NRS 354.599 do not apply to any
10
additional expenses of a local government that are related to the
11
provisions of this act.
12
Sec. 44. 1. This section becomes effective upon passage and
13
approval.
14
2. Sections 1 to 43, inclusive, of this act become effective:
15
(a) Upon passage and approval for the purpose of adopting any
16
regulations and performing any other preparatory administrative
17
tasks that are necessary to carry out the provisions of this act; and
18
(b) On July 1, 2026, for all other purposes.
19
H