1. County school districts, the boundaries of which are
conterminous with the boundaries of the counties of the State, are hereby
created. The Carson City School District shall be considered as a county
school district.
2. Each county school district created by this chapter is hereby
declared to be a political subdivision of the State of Nevada whose
purpose is to administer the state system of public education.
3. Each school district shall have the power to sue and may be
sued.
[47:32:1956]—(NRS A 1967, 37; 1969, 336; 1971, 517)
Every county school district shall be
designated by the name and style of “................ School District”
(using the name of the county or city the boundaries of which are
conterminous with the boundaries of the county school district).
[49:32:1956]—(NRS A 1969, 336; 1971, 517)
BOARDS OF TRUSTEES
1. The trustees of a school district shall constitute a board,
which is hereby created a body corporate.
2. The board of trustees of a county school district shall be
designated by the name and style of “The Board of Trustees of the
................ School District” (using the name of the county or city
the boundaries of which are conterminous with the boundaries of the
county school district).
[57:32:1956]—(NRS A 1969, 336; 1971, 518)
1. The board of trustees of a county school district consists of
five or seven members as follows:
(a) If 1,000 or more pupils were enrolled during the school year
next preceding any general election, the board of trustees consists of
seven members. Except in school districts in which more than 25,000
pupils are enrolled, the members of the board must be elected at large
until such time as an alternate manner of election is adopted pursuant to
NRS 386.200 or NRS 386.205 , 386.215 and
386.225 .
(b) If fewer than 1,000 pupils were enrolled during the school year
next preceding any general election, the board of trustees consists of
five members. The members of the board must be elected as provided in NRS
386.160 until such time as an alternate
manner of election is adopted pursuant to NRS 386.200 or NRS 386.205 , 386.215 and
386.225 .
(c) If 1,000 or more, but fewer than 1,500 pupils were enrolled
during the school year next preceding any general election, the board of
trustees consists of seven members unless the board, on or before
December 1 in any year before a general election will be held, adopts a
resolution specifying that the board will consist of five members. If the
board consists of seven members, the election of members is governed by
paragraph (a). If the board consists of five members, the election of
members is governed by paragraph (b).
2. Before the adoption of a resolution pursuant to paragraph (c)
of subsection 1, the board of trustees shall post conspicuously, in three
different places in the school district, a notice containing in full the
text of the resolution with the date upon which the board of trustees of
the school district is to meet to act upon the resolution. Posting of the
notice must be made not less than 10 days before the date fixed in the
resolution for action thereon.
3. If a board of trustees adopts a resolution pursuant to
paragraph (c) of subsection 1, it must transmit a copy of the resolution
to the Superintendent of Public Instruction on or before December 15 of
the year before the general election will be held.
[58:32:1956]—(NRS A 1971, 1534; 1979, 1574; 1981, 723; 1987, 181;
1995, 4)
1. On or before June 1 in any year in which a general election is
held, the Superintendent of Public Instruction shall file with each clerk
of a county whose boundaries are conterminous with a county school
district a certificate stating the total number of pupils enrolled during
that school year in the county school district.
2. On or before January 1 in any year in which a general election
is held, the Superintendent of Public Instruction shall file with each
clerk of a county whose boundaries are conterminous with a county school
district a certificate stating the number and offices of trustees of the
county school district to be filled at the next general election.
[61:32:1956]—(NRS A 1971, 518; 1993, 2207)
1. At the general election in 1980 and every 4 years thereafter,
in a county school district where fewer than 1,000 pupils were enrolled
during the preceding school year, three trustees shall be elected at
large within the district, as follows:
(a) One person who resides at the county seat; but if less than 40
percent of the residents of the county reside at the county seat then
such person need not reside at the county seat.
(b) One person who resides in the county but not at the county seat.
(c) One person who resides in the county but not at the county
seat; but if 80 percent or more of the residents of the county reside at
the county seat then a person who resides at the county seat may be
elected to the office.
2. At the general election in 1982 and every 4 years thereafter,
in a county school district where fewer than 1,000 pupils were enrolled
during the preceding school year, two trustees shall be elected at large
within the district, as follows:
(a) One person who resides at the county seat; but if less than 20
percent of the residents of the county reside at the county seat then
such person need not reside at the county seat.
(b) One person who resides in the county but who resides neither at
the county seat nor in any incorporated city within the county.
3. The term of each person elected to the office of school trustee
is 4 years.
[62:32:1956]—(NRS A 1979, 1574)
1. In each county school district in which more than 75,000 pupils
are enrolled, the board of trustees shall establish seven election
districts for school trustees. The districts must be:
(a) As nearly equal in population as practicable; and
(b) Composed of contiguous territory.
2. In each county school district in which more than 25,000 pupils
but not more than 75,000 pupils are enrolled, the board of trustees shall
establish seven election districts for school trustees, as follows:
(a) Five districts which are as nearly equal in population as
practicable, each of which includes approximately one-fifth of the
population of the county; and
(b) Two districts which are as nearly equal in population as
practicable, each of which includes approximately one-half of the
population of the county.
Ê The districts must be composed of contiguous territory.
3. Each trustee of a school district to which this section applies
must reside in the election district which he represents and be elected
by the voters of that election district.
4. In each school district in which more than 25,000 pupils are
enrolled, the term of a school trustee is 4 years. Three trustees must be
elected at the general election of 1982 and four trustees must be elected
at the general election of 1984.
(Added to NRS by 1981, 722)
120 .
1. If the certificate of the Superintendent of Public Instruction
filed with the county clerk states that the pupil enrollment during the
preceding school year in a county school district other than Clark or
Washoe was less than 1,000, or was 1,000 or more but less than 1,500 in a
district in which the board of trustees has adopted a resolution in
accordance with NRS 386.120 specifying
that the board will consist of five members, and the board of trustees of
the district is composed of seven members elected at large based upon a
previous pupil enrollment of 1,000 or more, then two of the offices of
trustee may not be filled at the next succeeding general election.
2. Thereafter, while continued pupil enrollment in the county
school district is less than 1,000, or is 1,000 or more but less than
1,500 in a district in which the board of trustees has adopted a
resolution in accordance with NRS 386.120 specifying that the board will consist of five
members, the offices of school trustees must be filled as provided by law
for school districts having pupil enrollments of less than 1,000.
[64:32:1956]—(NRS A 1971, 1536; 1979, 1576; 1995, 4)
1. If the certificate of the Superintendent of Public Instruction
filed with the county clerk states that the pupil enrollment during the
preceding school year in a county school district was 1,000 or more, and
the board of trustees of the district is composed of five members elected
as provided in NRS 386.160 , then at the
next succeeding general election one additional trustee who resides at
the county seat must be elected for a term of 4 years, and one additional
trustee who resides in the county but not at the county seat must be
elected for a term of 2 years.
2. Thereafter, while continued pupil enrollment in the county
school district is 1,000 or more, the offices of school trustees must be
filled as provided by law for school districts having pupil enrollments
of that size.
3. The provisions of subsections 1 and 2 do not apply in a school
district in which the pupil enrollment during the preceding school year
was 1,000 or more but less than 1,500, and in which the board of trustees
of the school district has adopted a resolution specifying that the board
will consist of five members.
[65:32:1956]—(NRS A 1973, 27; 1979, 1576; 1995, 5)
1. In addition to the manner of election provided in NRS 386.205
, 386.215 and 386.225 ,
the trustees of a county school district may be elected from school
trustee election areas in the alternate manner provided in this section.
2. Within 30 days before May 1 of any year in which a general
election is to be held in the State, 10 percent or more of the registered
voters of a county school district in which 25,000 or fewer pupils are
enrolled may file a written petition with the board of county
commissioners of the county praying for the creation of school trustee
election areas within the county school district in the manner provided
in this section. The petition must specify with particularity the school
trustee election areas proposed to be created, the number of trustees to
be elected from each area, and the manner of their nomination and
election. The number of school trustee election areas proposed must not
exceed the number of trustees authorized by law for the particular county
school district. The description of the proposed school trustee election
areas need not be given by metes and bounds or by legal subdivisions, but
must be sufficient to enable a person to ascertain what territory is
proposed to be included within a particular school trustee election area.
The signatures to the petition need not all be appended to one paper, but
each signer must add to his name his place of residence, giving the
street and number whenever practicable. One of the signers of each paper
shall swear or affirm, before a person competent to administer oaths,
that each signature to the paper appended is the genuine signature of the
person whose name it purports to be.
3. Immediately after the receipt of the petition, the board of
county commissioners shall fix a date for a public hearing to be held
during the month of May, and shall give notice thereof by publication at
least once in a newspaper published in the county, or if no such
newspaper is published therein then in a newspaper published in the State
of Nevada and having a general circulation in the county. The costs of
publication of the notice is a proper charge against the county school
district fund.
4. If, as a result of the public hearing, the board of county
commissioners finds that the creation of school trustee election areas
within the county school district is desirable, the board of county
commissioners shall, by resolution regularly adopted before June 1,
divide the county school district into the number of school trustee
election areas specified in the petition, designate them by number and
define their boundaries. The territory comprising each school trustee
election area must be contiguous. The resolution must further set forth
the number of trustees to be elected from each school trustee election
area and the manner of their nomination and election.
5. Before June 1 and immediately following the adoption of the
resolution creating school trustee election areas within a county school
district, the clerk of the board of county commissioners shall transmit a
certified copy of the resolution to the Superintendent of Public
Instruction.
6. Upon the creation of school trustee election areas within a
county school district the terms of office of all trustees then in office
expire on the 1st Monday of January thereafter next following a general
election. At the general election held following the creation of school
trustee election areas within a county school district, school trustees
to represent the odd-numbered school trustee election areas must be
elected for terms of 4 years and school trustees to represent the
even-numbered school trustee election areas must be elected for terms of
2 years. Thereafter, at each general election, the offices of school
trustees must be filled for terms of 4 years in the order in which the
terms of office expire.
7. A candidate for the office of trustee of a county school
district in which school trustee election areas have been created must be
a qualified elector and a resident of the school trustee election area
which he seeks to represent.
8. The board of county commissioners may by resolution change the
boundaries of school trustee election areas or the manner of nomination
or election of school trustees after:
(a) Holding a public hearing of which notice must be given as
provided in subsection 3; and
(b) Receiving, at the hearing or by resolution, the consent of the
board of trustees of the school district.
9. If the Superintendent of Public Instruction certifies to the
county clerk that the enrollment of pupils during the preceding school
year in a county school district was less than 1,000, or was 1,000 or
more but less than 1,500 in a district in which the board of trustees has
adopted a resolution in accordance with NRS 386.120 specifying that the board will consist of five
members, and the board of trustees of the county school district is
composed of seven elected members based upon a previous enrollment of
1,000 or more, the board of county commissioners shall alter the school
trustee election areas or change the number of trustees to be elected
from the areas, or the manner of their nomination and election, as may be
necessary to provide for reduction of the membership of the board of
trustees of the county school board from seven to five members, and only
five school trustees may thereafter be nominated and elected at the
forthcoming elections.
10. If the Superintendent of Public Instruction certifies to the
county clerk that the enrollment of pupils during the preceding school
year in a county school district was 1,000 or more, and the board of
trustees of the county school district is composed of five elected
members, the board of county commissioners shall alter the school trustee
election areas or change the number of trustees to be elected from the
areas, or the manner of their nomination and election, as may be
necessary to provide for increasing the membership of the board of
trustees of the county school district from five to seven members, and
two additional school trustees must thereafter be nominated and elected
at the forthcoming elections.
11. The provisions of subsection 10 do not apply in a school
district in which the pupil enrollment during the preceding school year
was 1,000 or more but less than 1,500, and in which the board of trustees
of the school district has adopted a resolution specifying that the board
will consist of five members.
[65.1:32:1956]—(NRS A 1967, 933; 1979, 1577; 1981, 723; 1987, 181;
1995, 5)
1. In any county school district in which not more than 25,000
pupils are enrolled, the board of trustees may adopt a resolution
dividing the geographical area of the school district into a number of
election districts identical to the number of trustees.
2. The election districts must:
(a) Be single-member districts.
(b) Be formed with reference to assembly districts as far as is
practicable.
(c) Have nearly equal populations as far as is practicable.
3. This section does not authorize any change in the number of
members of the board of trustees.
4. If a board of trustees adopts a resolution pursuant to this
section, the members of the board continue to hold office until the next
following general election.
5. As used in this section, unless the context otherwise requires,
“assembly district” means any district created pursuant to the provisions
of chapter 218 of NRS for the election of
assemblymen.
(Added to NRS by 1987, 180)
Copies of maps or other
documents evidencing the division of the county school district into
election districts pursuant to NRS 386.205 must be filed with the appropriate county
clerk.
(Added to NRS by 1987, 180)
1. Election districts created pursuant to NRS 386.205 may be constructed so that the:
(a) Voters in each election district elect a trustee to represent
them; or
(b) Trustees are elected by all of the voters in the county school
district.
Ê In either case, each trustee must be a resident of the election
district which he represents throughout his term of office.
2. The board of trustees shall adopt a resolution, after a public
hearing on the matter, determining whether each trustee will be elected
solely by the voters in his election district or all of the voters in the
county school district.
(Added to NRS by 1987, 180)
A candidate for the
office of trustee of a school district shall:
1. Be a qualified elector.
2. Have the qualifications of residence within the county school
district required for the office for which he seeks election.
[69:32:1956]—(NRS A 1971, 518)
1. Candidates for the office of trustee shall be nominated in the
manner provided by the primary election laws of this state.
2. The declaration of candidacy and the acceptance of a candidacy
by candidates for the office of trustee of county school districts shall
be filed with the county clerk of the county whose boundaries are
conterminous with the county school district boundaries.
[70:32:1956]—(NRS A 1960, 284; 1963, 1378; 1971, 518)
1. Trustees shall be elected as provided in the election laws of
this state.
2. After the close of any election, and in accordance with law,
the board of county commissioners shall make abstracts of the votes cast
for trustees and shall order the county clerk to issue election
certificates to the candidates elected.
3. Immediately, the county clerk shall transmit a copy of each
election certificate to the Superintendent of Public Instruction.
[71:32:1956]—(NRS A 1959, 810; 1960, 285; 1971, 518; 1973, 88)
Except as otherwise provided in NRS
386.275 :
1. Any vacancy occurring in a board of trustees must be filled by
appointment by the remaining members of the board at a public meeting
held after notice of the meeting is published at least once each week for
2 weeks in a newspaper qualified pursuant to the provisions of chapter
238 of NRS. The appointee shall serve until
the next general election, at which time his successor must be elected
for the balance of the unexpired term.
2. Any person appointed to fill a vacancy must have the
qualifications provided in NRS 386.240 .
[72:32:1956]—(NRS A 1971, 71; 2003, 387 )
1. If a vacancy occurs, or will occur, in a board of trustees
because a member of the board has entered, or is entering, into active
military service, the board of trustees may appoint a person to serve as
a temporary replacement for that member. Such a temporary appointment
must be made in the manner, and subject to the requirements, otherwise
prescribed in NRS 386.270 , except that
the member of the board of trustees who has entered, or is entering, into
active military service may participate in the process to appoint his
temporary replacement.
2. If a person is temporarily appointed to serve on a board of
trustees pursuant to this section:
(a) The person fully assumes the duties, rights and
responsibilities of a member of the board of trustees, and is entitled to
the compensation, allowances and expenses otherwise payable to a member,
for the duration of his appointment.
(b) The member of a board of trustees who is temporarily replaced
shall be deemed to be on leave without pay from the board of trustees for
the duration of the appointment of his temporary replacement.
3. A person appointed to serve on the board of trustees pursuant
to this section serves:
(a) Until the member of the board of trustees being temporarily
replaced returns from active military service; or
(b) For the remainder of the unexpired term of that member,
Ê whichever occurs first.
(Added to NRS by 2003, 386 )
1. In addition to salaries allowed under NRS 386.320 a trustee shall be allowed:
(a) His traveling expenses for traveling each way between his home
and the place where board meetings are held at the rate authorized by law
for state officers.
(b) His living expenses necessarily incurred while in actual
attendance at board meetings at the rate authorized by law for state
officers.
2. Claims for mileage and per diem allowances shall be allowed and
paid in the same manner as other claims against the school district fund
are paid, but no claim for mileage and per diem allowances for living
expenses shall be allowed or paid to a trustee residing not more than 5
miles from the place where board meetings are held.
[74:32:1956]—(NRS A 1960, 144; 1963, 607; 1971, 253)
Each trustee shall:
1. Enter upon the duties of his office on the 1st Monday in
January next following his election.
2. Hold office until his successor is elected and qualified.
3. Take and subscribe to the official oath.
4. File with the Superintendent of Public Instruction a copy of
his official oath together with a statement showing the term for which he
has been elected or appointed.
[75:32:1956]—(NRS A 1959, 810)
A
member of any board of trustees shall not be financially interested in
any contract made by the board of trustees of which he is a member.
(Added to NRS by 1977, 1113)
1. The board of trustees shall meet and organize by:
(a) Electing one of its members as president.
(b) Electing one of its members as clerk, or by selecting some
other qualified person as clerk.
(c) Electing additional officers as may be deemed necessary.
(d) Fixing the term of office for each of its officers.
2. A record of the organization of the board of trustees must be
entered in the minutes, together with the amount of salary to be paid to
the clerk.
3. Immediately after the organization of the board of trustees,
the clerk shall file the names of the president, the clerk and the
members of the board of trustees with the Department and the county
auditor of the county whose boundaries are conterminous with the
boundaries of the county school district.
[76:32:1956]—(NRS A 1959, 803; 1971, 519; 1973, 224; 1979, 1579;
1981, 1813)
1. If the total pupil enrollment in the school district for the
immediately preceding school year is less than 1,000:
(a) The clerk and president of the board of trustees may each
receive a salary of $85 for each board of trustees meeting they attend,
not to exceed $170 a month.
(b) The other trustees may each receive a salary of $80 for each
board of trustees meeting they attend, not to exceed $160 a month.
(c) The board of trustees may hire a stenographer to take the
minutes of the meetings of the board of trustees, and the stenographer
may be paid a reasonable fee for each meeting attended.
2. If the total pupil enrollment in the school district for the
immediately preceding school year is 1,000 or more:
(a) The clerk and president of the board of trustees may each
receive a salary of $85 for each board of trustees meeting they attend,
not to exceed $510 a month.
(b) The other trustees may each receive a salary of $80 for each
board of trustees meeting they attend, not to exceed $480 a month.
(c) The board of trustees may hire a stenographer to take the
minutes of the meetings of the board of trustees, and the stenographer
may be paid a reasonable fee for each meeting attended.
[77:32:1956]—(NRS A 1957, 301; 1969, 618; 1977, 792; 1979, 1579;
1981, 1312; 1991, 284, 285; 1999, 1753 )
The clerk shall:
1. Keep the minutes and audio recordings or transcripts of all
meetings and transactions of the board of trustees.
2. Subject to the written direction of the board of trustees, draw
all orders for the payment of money belonging to the school district.
(Added to NRS by 1969, 619; A 2005, 1412 )
1. The board of trustees shall hold a regular meeting at least
once each month, at such time and place as the board shall determine.
2. Special meetings of the board of trustees shall be held at the
call of the president whenever there is sufficient business to come
before the board, or upon the written request of three members of the
board.
3. The clerk of the board of trustees shall give written notice of
each special meeting to each member of the board of trustees by personal
delivery of the notice of the special meeting to each trustee at least 1
day before the meeting, or by mailing the notice to each trustee’s
residence of record, by deposit in the United States mails, postage
prepaid, at least 4 days before the meeting. The notice shall specify the
time, place and purpose of the meeting. If all of the members of the
board of trustees are present at a special meeting, the lack of notice
shall not invalidate the proceedings of the board of trustees.
4. A majority of the members of the board of trustees shall
constitute a quorum for the transaction of business, and no action of the
board of trustees shall be valid unless such action shall receive, at a
regularly called meeting, the approval of a majority of all the members
of the board of trustees.
[78:32:1956]—(NRS A 1959, 810)
The board of trustees may adopt and use a
common seal.
[79:32:1956]
1. The board of trustees of a school district may:
(a) Acquire and maintain membership in county, state and national
school board associations and pay dues to such associations.
(b) Pay the travel expenses and per diem allowances of trustees at
the same rate authorized by law for state officers when the trustees
attend county, state or national school board association meetings.
2. Claims for dues, travel expenses and per diem allowances
authorized in subsection 1 shall be presented and allowed as provided by
law for other claims against the school district.
(Added to NRS by 1963, 607; A 1975, 33; 1979, 1579)
Each board of trustees is
hereby given such reasonable and necessary powers, not conflicting with
the Constitution and the laws of the State of Nevada, as may be requisite
to attain the ends for which the public schools, excluding charter
schools and university schools for profoundly gifted pupils, are
established and to promote the welfare of school children, including the
establishment and operation of schools and classes deemed necessary and
desirable.
[80:32:1956]—(NRS A 1973, 234; 1999, 3291 ; 2005, 2428 )
Each board of trustees may accept on
behalf of and for the school district any moneys or property under the
provisions of:
1. “An Act to provide financial assistance for local educational
agencies in areas affected by federal activities, and for other
purposes,” being Public Law 874-81st Congress; and
2. “An Act relating to the construction of school facilities in
areas affected by federal activities, and for other purposes,” being
Public Law 815-81st Congress,
Ê as the same have been amended.
(Added to NRS by 1961, 42)
1. Not later than 60 days after receipt of a memorandum pursuant
to subsection 3 of NRS 385.210 or an
addendum to a memorandum pursuant to subsection 4 of that section, the
board of trustees of a school district shall determine which statutes and
bills described in the memorandum or addendum, as applicable, directly
affect pupils, parents, teachers, administrators or other educational
personnel and require a plan for implementation. If the board of trustees
determines that a statute or bill requires a plan for implementation, the
board of trustees shall prepare a brief plan, which must ensure that the
school district and the public schools within the school district will
comply with the statute or bill on the date on which the statute or bill
becomes effective and thereafter.
2. The board of trustees shall provide written notice to the
parents and legal guardians of pupils who are enrolled in public schools
within the school district, and to all teachers, administrators and other
educational personnel who are employed by the board of trustees and the
governing body of each charter school that is located within the school
district of the:
(a) Information contained in the memorandum provided pursuant to
subsection 3 of NRS 385.210 or the
addendum provided pursuant to subsection 4 of that section, as
applicable, that directly affects pupils, parents, teachers,
administrators or other educational personnel; and
(b) Brief plan for implementation of the statutes or bills, if any.
3. The written notice provided pursuant to subsection 2 to the
parents and legal guardians may be:
(a) Included in other notices that the board of trustees provides
to parents and legal guardians.
(b) Provided in a language other than English if the board of
trustees determines that it is necessary for the parent or legal guardian
to understand the notice.
4. Each board of trustees may prescribe or enforce rules, not
inconsistent with law or rules prescribed by the State Board, for its own
government and the government of public schools under its charge.
5. Each board of trustees shall prescribe rules for the granting
of permission to carry or possess a weapon pursuant to NRS 202.265 .
[81:32:1956]—(NRS A 1989, 657; 1999, 1753 ; 2001, 114 ; 2005, 1655 )
1. Except as provided in subsection 3, each board of trustees in
any county having a population of 100,000 or more shall give 15 days’
notice of its intention to adopt, repeal or amend a policy or regulation
of the board concerning any of the subjects set forth in subsection 4.
The notice must:
(a) Include a description of the subject or subjects involved and
must state the time and place of the meeting at which the matter will be
considered by the board; and
(b) Be mailed to the following persons from each of the schools
affected:
(1) The principal;
(2) The president of the parent-teacher association or
similar body; and
(3) The president of the classroom teachers’ organization or
other collective bargaining agent.
Ê A copy of the notice and of the terms of each proposed policy or
regulation, or change in a policy or regulation, must be made available
for inspection by the public in the office of the superintendent of
schools of the school district at least 15 days before its adoption.
2. All persons interested in a proposed policy or regulation or
change in a policy or regulation must be afforded a reasonable
opportunity to submit data, views or arguments, orally or in writing. The
board of trustees shall consider all written and oral submissions
respecting the proposal or change before taking final action.
3. Emergency policies or regulations may be adopted by the board
upon its own finding that an emergency exists.
4. This section applies to policies and regulations concerning:
(a) Attendance rules;
(b) Zoning;
(c) Grading;
(d) District staffing patterns;
(e) Curriculum and program;
(f) Pupil discipline; and
(g) Personnel, except with respect to dismissals and refusals to
reemploy covered by contracts entered into as a result of the Local
Government Employee-Management Relations Act, as provided in NRS 391.3116
.
(Added to NRS by 1977, 1012; A 1979, 544, 1162, 1580)
Annually, on or before July 1 and at such other times as the
Superintendent of Public Instruction may require, each board of trustees
shall make or cause to be made a report to the Superintendent of Public
Instruction, in the manner and form prescribed by him.
[82:32:1956]—(NRS A 1959, 803; 1979, 1581)
Every member of a board of
trustees of a school district may administer oaths and affirmations
relating to public schools.
[83:32:1956]—(NRS A 1979, 1581)
Each board of trustees shall
have the power to accept on behalf of and for the school district any
gift or bequest of money or property for a purpose deemed by the board of
trustees to be suitable, and to utilize such money or property for the
purpose so designated.
[84:32:1956]
The board of
trustees of a school district may employ private legal counsel when the
board determines that such employment is necessary.
[86:32:1956]—(NRS A 1971, 519; 1979, 1582)
1. The board of trustees of any school district may enter into an
agreement with any individual, firm, partnership, corporation,
association or public agency which has been approved for such purpose by
the Aging Services Division of the Department of Health and Human
Services, whereby the school district agrees to prepare hot lunches for
persons 60 years of age or older and their spouses or any group of such
persons by utilizing the systems and procedures already developed for use
in the school lunch program of such district.
2. No agreement entered into by a board of trustees of a school
district pursuant to the provisions of this section may:
(a) Involve the expenditure by the school district of any school
lunch money or other public school money or the use of any school lunch
commodities or public school personnel, equipment or facilities unless
the agreement includes a provision requiring full reimbursement therefor.
(b) Provide for payment to the school district of any amount in
excess of the estimated actual cost of food, personnel, equipment,
facilities and other necessary expenditures involved in the performance
of the agreement. The estimated actual cost shall be negotiated by the
board of trustees and the Aging Services Division of the Department of
Health and Human Services.
(c) Permit any program of hot lunches for persons 60 years of age
or over and their spouses to interfere in any way with the use of school
lunch facilities for public school purposes.
(Added to NRS by 1979, 1574)
PROGRAMS OF SCHOOL-BASED DECISION MAKING FOR PUBLIC SCHOOLS WITHIN
DISTRICT
The board of
trustees of a school district may prescribe rules relating to the
creation and administration of a program of school-based decision making
for the public schools within the district. The rules must provide:
1. For the creation of a school council;
2. For the involvement of parents and other members of the
community on and with the school council;
3. The requirements for recordkeeping by the school council;
4. The procedure for appealing a decision of the school council;
5. The procedure for a school to obtain a waiver of the
requirements of regulations of the board of trustees or the State Board;
6. A method for determining the progress of a pupil in a program
of school-based decision making;
7. A method for reporting the progress of a pupil to the pupil,
his parents or guardians, the board of trustees and the State Board;
8. Plans for improving the schools within the district;
9. A method for allocating money to schools that have adopted a
program of school-based decision making and for the administration of the
budget of the school district; and
10. The procedure which a school council or board of trustees may
use to withdraw from a program of school-based decision making.
(Added to NRS by 1993, 2886; A 1995, 862; 1997, 2357)
The board of trustees
of a school district may waive the requirements of regulations of the
board of trustees and the State Board for a public school within the
district that adopts a program of school-based decision making. The board
of trustees may not waive statutory requirements.
(Added to NRS by 1993, 2887; A 1995, 862; 1997, 2357)
The State Board may waive a course of study otherwise required by
statute upon application of the board of trustees of a school district on
behalf of a school council created pursuant to a program of school-based
decision making.
(Added to NRS by 1993, 2887; A 1995, 862; 1997, 2357)
RECYCLING OF MATERIALS; USE OF RECYCLED PRODUCTS
1. Except as otherwise provided in this section, each school
district shall recycle or cause to be recycled the paper and paper
products it uses. This subsection does not apply to confidential
documents if there is an additional cost for recycling those documents.
2. A school district is not required to comply with the
requirements of subsection 1 if the board of trustees of the school
district determines that the cost to recycle or cause to be recycled the
paper and paper products used by the schools in the district is
unreasonable and would place an undue burden on the operations of the
district or a particular school.
3. The board of trustees shall adopt rules which prescribe the
procedure for the disposition of the paper and paper products to be
recycled. The board of trustees may prescribe a procedure for the
recycling of other waste material produced on the premises of the schools
in the school district and the administrative offices of the school
district.
4. Any money received by the school district for recycling or
causing to be recycled the paper and paper products it uses must be paid
by the board of trustees for credit to the general fund of the school
district.
5. As used in this section:
(a) “Paper” includes newspaper, high-grade office paper, fine
paper, bond paper, offset paper, xerographic paper, mimeo paper,
duplicator paper and any other cellulosic material which contains not
more than 10 percent by weight or volume of a noncellulosic material,
including, but not limited to, a laminate, binder, coating and saturant.
(b) “Paper product” means any paper article or commodity,
including, but not limited to, paper napkins, towels, cardboard,
construction material, paper and any other cellulosic material which
contains not more than 10 percent by weight or volume of a noncellulosic
material, including, but not limited to, a laminate, binder, coating and
saturant.
(Added to NRS by 1999, 3183 )
As used in this section and NRS 386.417
and 386.418 , unless the context otherwise requires:
1. “Postconsumer waste” means a finished material which would
normally be disposed of as a solid waste having completed its life cycle
as a consumer item.
2. “Recycled paper product” means all paper and wood-pulp products
containing in some combination at least 50 percent of its total weight:
(a) Postconsumer waste; and
(b) Secondary waste,
Ê but does not include fibrous waste generated during the manufacturing
process such as fibers recovered from wastewater or trimmings of paper
machine rolls, wood slabs, chips, sawdust or other wood residue from a
manufacturing process.
3. “Secondary waste” means fragments of products or finished
products of a manufacturing process, which has converted a virgin
resource into a commodity of real economic value.
(Added to NRS by 1991, 2192)
1. The board of trustees of each school district shall review and
revise the specifications for procuring goods and products for the
schools in the district to eliminate discrimination against the
procurement or purchase of recycled products whenever the quality of a
recycled product is reasonably equal to the same product manufactured
with virgin resources. Except for specifications which have been
established to preserve the public health and safety, all specifications
for procurement must be established in a manner which results in the
maximum procurement and purchase of recycled products.
2. After consultation with the State Department of Conservation
and Natural Resources, the board of trustees of each school district
shall adopt regulations governing the bidding procedure and
specifications for paper and paper products purchased by the schools in
the district that encourage the maximum purchase of recycled paper
products. The specifications must give preference to recycled paper
products manufactured with the highest percentage of recycled material.
(Added to NRS by 1991, 2193)
1. Except as otherwise provided in this section, the person
authorized to purchase supplies and materials for each school district
shall, when purchasing goods and products for use by the school district,
give preference to recycled products if:
(a) The product meets the applicable standards;
(b) The product can be substituted for a comparable nonrecycled
product; and
(c) The product costs no more than a comparable nonrecycled product.
2. When purchasing goods and products for use by the school
district, the person authorized to make such purchases may give
preference to recycled products if:
(a) The product meets the applicable standards;
(b) The product can be substituted for a comparable nonrecycled
product; and
(c) The product costs no more than 5 percent more than a comparable
nonrecycled product.
3. When purchasing any paper or paper products for use by the
school district, the person authorized to make such purchases shall
purchase recycled paper products if the specific recycled paper product
is:
(a) Available at a price not more than that of paper products made
from virgin material;
(b) Of adequate quality; and
(c) Available to the purchaser within a reasonable period.
4. When purchasing any paper or paper products for use by the
school district, the person authorized to make such purchases may
purchase recycled paper products if the specific recycled paper product
is:
(a) Available at a price not more than 10 percent higher than that
of paper products made from virgin material;
(b) Of adequate quality; and
(c) Available to the purchaser within a reasonable period.
(Added to NRS by 1991, 2193)
NEVADA INTERSCHOLASTIC ACTIVITIES ASSOCIATION
The county school
district trustees may form a nonprofit association, to be known as the
Nevada Interscholastic Activities Association, composed of all of the
school districts of the State for the purposes of controlling,
supervising and regulating all interscholastic athletic events and other
interscholastic events in the public schools. This section does not
prohibit a public school, which is authorized by the Association to do
so, from joining an association formed for similar purposes in another
state.
(Added to NRS by 1973, 316; A 1989, 689; 2005, 2824 )
1. The Nevada Interscholastic Activities Association shall adopt
rules and regulations in the manner provided for state agencies by
chapter 233B of NRS, as may be necessary to
carry out the provisions of NRS 386.420
to 386.470 , inclusive. The regulations
must include provisions governing the eligibility and participation of
homeschooled children in interscholastic activities and events.
2. If the Nevada Interscholastic Activities Association intends to
adopt, repeal or amend a policy, rule or regulation concerning or
affecting homeschooled children, the Association shall consult with the
Northern Nevada Homeschool Advisory Council and the Southern Nevada
Homeschool Advisory Council, or their successor organizations, to provide
those Councils with a reasonable opportunity to submit data, opinions or
arguments, orally or in writing, concerning the proposal or change. The
Association shall consider all written and oral submissions respecting
the proposal or change before taking final action.
(Added to NRS by 1973, 316; A 2003, 2959 ; 2005, 2824 )
The rules and
regulations of the Nevada Interscholastic Activities Association adopted
pursuant to NRS 386.430 must provide
for adequate review procedures to determine and review disputes arising
in regard to the Association’s decisions and activities.
(Added to NRS by 1973, 316; A 2005, 2824 )
The rules and regulations adopted by the Nevada
Interscholastic Activities Association must provide for the membership of
charter schools, private schools and parochial schools which may elect to
join the Association.
(Added to NRS by 1973, 316; A 1999, 3291 ; 2005, 2824 )
If a charter
school, private school or parochial school elects to become a member of
the Nevada Interscholastic Activities Association, the school is subject
to the same regulations and requirements and is liable for the same fees
and charges as other schools within the Association.
(Added to NRS by 1973, 316; A 1999, 3291 ; 2005, 2824 )
1. A homeschooled child must be allowed to participate in
interscholastic activities and events in accordance with the regulations
adopted by the Nevada Interscholastic Activities Association pursuant to
NRS 386.430 .
2. The provisions of NRS 386.420
to 386.470 , inclusive, and the
regulations adopted pursuant thereto that apply to pupils enrolled in
public schools who participate in interscholastic activities and events
apply in the same manner to homeschooled children who participate in
interscholastic activities and events, including, without limitation,
provisions governing:
(a) Eligibility and qualifications for participation;
(b) Fees for participation;
(c) Insurance;
(d) Transportation;
(e) Requirements of physical examination;
(f) Responsibilities of participants;
(g) Schedules of events;
(h) Safety and welfare of participants;
(i) Eligibility for awards, trophies and medals;
(j) Conduct of behavior and performance of participants; and
(k) Disciplinary procedures.
(Added to NRS by 2003, 2959 ; A 2005, 2824 )
No challenge may be brought by the Nevada
Interscholastic Activities Association, a school district, a public
school or a private school, a parent or guardian of a pupil enrolled in a
public school or a private school, a pupil enrolled in a public school or
private school, or any other entity or person claiming that an
interscholastic activity or event is invalid because homeschooled
children are allowed to participate in the interscholastic activity or
event.
(Added to NRS by 2003, 2959 ; A 2005, 2825 )
A school district, public school or private
school shall not prescribe any regulations, rules, policies, procedures
or requirements governing the:
1. Eligibility of homeschooled children to participate in
interscholastic activities and events pursuant to NRS 386.420 to 386.470 ,
inclusive; or
2. Participation of homeschooled children in interscholastic
activities and events pursuant to NRS 386.420 to 386.470 ,
inclusive,
Ê that are more restrictive than the provisions governing eligibility and
participation prescribed by the Nevada Interscholastic Activities
Association pursuant to NRS 386.430 .
(Added to NRS by 2003, 2959 ; A 2005, 2825 )
The rules and regulations of the Nevada Interscholastic Activities
Association must provide criteria for the approval of requests made by
public schools for authorization to join an interscholastic activity
association formed in another state.
(Added to NRS by 1989, 689; A 2005, 2825 )
1. Any liability or action against the Nevada Interscholastic
Activities Association must be determined in the same manner and with the
same limitations and conditions as provided in NRS 41.0305 to 41.039 ,
inclusive. To this extent, the Association shall be deemed a political
subdivision of the State.
2. Any liability or action against a public school which is a
member of an association for interscholastic activities formed in another
state must be determined in the same manner and with the same limitations
and conditions as provided in NRS 41.0305 to 41.039 ,
inclusive. To this extent, the public school shall be deemed a political
subdivision of the State.
(Added to NRS by 1973, 317; A 1987, 97; 1989, 689; 2005, 2825
)
CHARTER SCHOOLS
General Provisions
For the purposes of NRS
386.500 to 386.610 , inclusive, a pupil is “at risk” if he has an
economic or academic disadvantage such that he requires special services
and assistance to enable him to succeed in educational programs. The term
includes, without limitation, pupils who are members of economically
disadvantaged families, pupils who are limited English proficient, pupils
who are at risk of dropping out of high school and pupils who do not meet
minimum standards of academic proficiency. The term does not include a
pupil with a disability.
(Added to NRS by 1997, 1843; A 2001, 3125 ; 2003, 19th Special Session, 44 ; 2005, 1656 , 1662 , 2398 )
Subcommittee on Charter Schools; Formation; Renewal and Revocation of
Charters
The Legislature declares that by authorizing the
formation of charter schools it is not authorizing:
1. The conversion of an existing public school, home school or
other program of home study to a charter school.
2. A means for providing financial assistance for private schools
or programs of home study. The provisions of this subsection do not
preclude a private school from ceasing to operate as a private school and
reopening as a charter school in compliance with the provisions of NRS
386.500 to 386.610 , inclusive.
3. The formation of charter schools on the basis of a single race,
religion or ethnicity.
(Added to NRS by 1997, 1843; A 1999, 3291 ; 2001, 3125 )
The provisions of NRS 386.500 to 386.610 ,
inclusive, do not authorize an existing public school, home school or
other program of home study to convert to a charter school.
(Added to NRS by 2001, 3123 )
The Subcommittee on Charter Schools of the State Board
is hereby created. The President of the State Board shall appoint three
members of the State Board to serve on the Subcommittee. Except as
otherwise provided in this section, the members of the Subcommittee serve
terms of 2 years. If a member is not reelected to the State Board during
his service on the Subcommittee, his term on the Subcommittee expires
when his membership on the State Board expires. Members of the
Subcommittee may be reappointed.
(Added to NRS by 1999, 3289 )
[Effective through June 30, 2006.]
1. Except as otherwise provided in subsection 2:
(a) In a county whose population is 400,000 or more, two charter
schools may be formed per every 75,000 pupils who are enrolled in public
schools in the county school district.
(b) In a county whose population is 100,000 or more but less than
400,000, two charter schools may be formed.
(c) In a county whose population is less than 100,000, one charter
school may be formed.
2. The limitations set forth in subsection 1 do not apply to
charter schools that are dedicated to providing educational programs and
opportunities for pupils who are at risk.
3. If an application to form a charter school that is dedicated to
providing educational programs and opportunities for pupils who are at
risk is approved, the governing body of the charter school shall, on or
before November 1 of each year, submit a report to the sponsor of the
charter school that includes demographic information concerning the
pupils enrolled in the charter school and other information to
demonstrate that the charter school is dedicated to providing educational
programs and opportunities to pupils who are at risk in compliance with
its written charter. The State Board shall adopt regulations setting
forth the action, if any, that may be taken against a charter school if
the sponsor determines that the charter school is not dedicated to
providing educational programs and opportunities to pupils who are at
risk in compliance with its written charter.
(Added to NRS by 1997, 1844; R 1999, 3322 ; 2001, 3165 , effective July 1, 2006; A 2005, 2398
)
1. The board of trustees of a school district may apply to the
Department for authorization to sponsor charter schools within the school
district. An application must be approved by the Department before the
board of trustees may sponsor a charter school. Not more than 180 days
after receiving approval to sponsor charter schools, the board of
trustees shall provide public notice of its ability to sponsor charter
schools and solicit applications for charter schools.
2. The State Board shall sponsor charter schools whose
applications have been approved by the State Board pursuant to NRS
386.525 . Except as otherwise provided
by specific statute, if the State Board sponsors a charter school, the
State Board or the Department is responsible for the evaluation,
monitoring and oversight of the charter school.
(Added to NRS by 1997, 1844; A 2001, 3125 ; 2005, 2398 )
1. A committee to form a charter school must consist of at least
three teachers, as defined in subsection 4. In addition to the teachers
who serve, the committee may consist of:
(a) Members of the general public;
(b) Representatives of nonprofit organizations and businesses; or
(c) Representatives of a college or university within the Nevada
System of Higher Education.
Ê A majority of the persons described in paragraphs (a), (b) and (c) who
serve on the committee must be residents of this State at the time that
the application to form the charter school is submitted to the Department.
2. Before a committee to form a charter school may submit an
application to the board of trustees of a school district, the
Subcommittee on Charter Schools or the State Board, it must submit the
application to the Department. The application must include all
information prescribed by the Department by regulation and:
(a) A written description of how the charter school will carry out
the provisions of NRS 386.500 to
386.610 , inclusive.
(b) A written description of the mission and goals for the charter
school. A charter school must have as its stated purpose at least one of
the following goals:
(1) Improving the opportunities for pupils to learn;
(2) Encouraging the use of effective methods of teaching;
(3) Providing an accurate measurement of the educational
achievement of pupils;
(4) Establishing accountability of public schools;
(5) Providing a method for public schools to measure
achievement based upon the performance of the schools; or
(6) Creating new professional opportunities for teachers.
(c) The projected enrollment of pupils in the charter school.
(d) The proposed dates of enrollment for the charter school.
(e) The proposed system of governance for the charter school,
including, without limitation, the number of persons who will govern, the
method of selecting the persons who will govern and the term of office
for each person.
(f) The method by which disputes will be resolved between the
governing body of the charter school and the sponsor of the charter
school.
(g) The proposed curriculum for the charter school and, if
applicable to the grade level of pupils who are enrolled in the charter
school, the requirements for the pupils to receive a high school diploma,
including, without limitation, whether those pupils will satisfy the
requirements of the school district in which the charter school is
located for receipt of a high school diploma.
(h) The textbooks that will be used at the charter school.
(i) The qualifications of the persons who will provide instruction
at the charter school.
(j) Except as otherwise required by NRS 386.595 , the process by which the governing body of
the charter school will negotiate employment contracts with the employees
of the charter school.
(k) A financial plan for the operation of the charter school. The
plan must include, without limitation, procedures for the audit of the
programs and finances of the charter school and guidelines for
determining the financial liability if the charter school is unsuccessful.
(l) A statement of whether the charter school will provide for the
transportation of pupils to and from the charter school. If the charter
school will provide transportation, the application must include the
proposed plan for the transportation of pupils. If the charter school
will not provide transportation, the application must include a statement
that the charter school will work with the parents and guardians of
pupils enrolled in the charter school to develop a plan for
transportation to ensure that pupils have access to transportation to and
from the charter school.
(m) The procedure for the evaluation of teachers of the charter
school, if different from the procedure prescribed in NRS 391.3125 . If the procedure is different from the
procedure prescribed in NRS 391.3125 ,
the procedure for the evaluation of teachers of the charter school must
provide the same level of protection and otherwise comply with the
standards for evaluation set forth in NRS 391.3125 .
(n) The time by which certain academic or educational results will
be achieved.
(o) The kind of school, as defined in subsections 1 to 4,
inclusive, of NRS 388.020 , for which
the charter school intends to operate.
3. The Department shall review an application to form a charter
school to determine whether it is complete. If an application proposes to
convert an existing public school, home school or other program of home
study into a charter school, the Department shall deny the application.
The Department shall provide written notice to the applicant of its
approval or denial of the application. If the Department denies an
application, the Department shall include in the written notice the
reason for the denial and the deficiencies in the application. The
applicant must be granted 30 days after receipt of the written notice to
correct any deficiencies identified in the written notice and resubmit
the application.
4. As used in subsection 1, “teacher” means a person who:
(a) Holds a current license to teach issued pursuant to chapter 391
of NRS; and
(b) Has at least 2 years of experience as an employed teacher.
Ê The term does not include a person who is employed as a substitute
teacher.
(Added to NRS by 1997, 1844; A 1999, 3292 ; 2001, 3125 )
1. Upon approval of an application by the Department, a committee
to form a charter school may submit the application to the board of
trustees of the school district in which the proposed charter school will
be located or directly to the Subcommittee on Charter Schools. If the
board of trustees of a school district receives an application to form a
charter school, the board of trustees shall consider the application at a
meeting that must be held not later than 45 days after the receipt of the
application, or a period mutually agreed upon by the committee to form
the charter school and the board of trustees of the school district, and
ensure that notice of the meeting has been provided pursuant to chapter
241 of NRS. The board of trustees, the
Subcommittee on Charter Schools or the State Board, as applicable, shall
review an application to determine whether the application:
(a) Complies with NRS 386.500 to
386.610 , inclusive, and the regulations
applicable to charter schools; and
(b) Is complete in accordance with the regulations of the
Department.
2. The Department shall assist the board of trustees of a school
district in the review of an application. The board of trustees may
approve an application if it satisfies the requirements of paragraphs (a)
and (b) of subsection 1. The board of trustees shall provide written
notice to the applicant of its approval or denial of the application.
3. If the board of trustees denies an application, it shall
include in the written notice the reasons for the denial and the
deficiencies in the application. The applicant must be granted 30 days
after receipt of the written notice to correct any deficiencies
identified in the written notice and resubmit the application.
4. If the board of trustees denies an application after it has
been resubmitted pursuant to subsection 3, the applicant may submit a
written request for sponsorship by the State Board to the Subcommittee on
Charter Schools created pursuant to NRS 386.507 not more than 30 days after receipt of the
written notice of denial. Any request that is submitted pursuant to this
subsection must be accompanied by the application to form the charter
school.
5. If the Subcommittee on Charter Schools receives an application
pursuant to subsection 1 or 4, it shall hold a meeting to consider the
application. The meeting must be held not later than 45 days after
receipt of the application. Notice of the meeting must be posted in
accordance with chapter 241 of NRS. The
Subcommittee shall review the application in accordance with the factors
set forth in paragraphs (a) and (b) of subsection 1. The Subcommittee may
approve an application if it satisfies the requirements of paragraphs (a)
and (b) of subsection 1.
6. The Subcommittee on Charter Schools shall transmit the
application and the recommendation of the Subcommittee for approval or
denial of the application to the State Board. Not more than 14 days after
the date of the meeting of the Subcommittee pursuant to subsection 5, the
State Board shall hold a meeting to consider the recommendation of the
Subcommittee. Notice of the meeting must be posted in accordance with
chapter 241 of NRS. The State Board shall
review the application in accordance with the factors set forth in
paragraphs (a) and (b) of subsection 1. The State Board may approve an
application if it satisfies the requirements of paragraphs (a) and (b) of
subsection 1. Not more than 30 days after the meeting, the State Board
shall provide written notice of its determination to the applicant.
7. If the State Board denies an application, it shall include in
the written notice the reasons for the denial and the deficiencies in the
application. The applicant must be granted 30 days after receipt of the
written notice to correct any deficiencies identified in the written
notice and resubmit the application.
8. If the State Board denies an application after it has been
resubmitted pursuant to subsection 7, the applicant may, not more than 30
days after the receipt of the written notice from the State Board, appeal
the final determination to the district court of the county in which the
proposed charter school will be located.
9. On or before January 1 of each odd-numbered year, the
Superintendent of Public Instruction shall submit a written report to the
Director of the Legislative Counsel Bureau for transmission to the next
regular session of the Legislature. The report must include:
(a) A list of each application to form a charter school that was
submitted to the board of trustees of a school district or the State
Board during the immediately preceding biennium;
(b) The educational focus of each charter school for which an
application was submitted;
(c) The current status of the application; and
(d) If the application was denied, the reasons for the denial.
(Added to NRS by 1997, 1846; A 1999, 3295 ; 2001, 3127 ; 2005, 1098 , 2399 , 2537 )
1. If the State Board or the board of trustees of a school
district approves an application to form a charter school, it shall grant
a written charter to the applicant. The State Board or the board of
trustees, as applicable, shall, not later than 10 days after the approval
of the application, provide written notice to the Department of the
approval and the date of the approval. If the board of trustees approves
the application, the board of trustees shall be deemed the sponsor of the
charter school.
2. If the State Board approves the application:
(a) The State Board shall be deemed the sponsor of the charter
school.
(b) Neither the State of Nevada, the State Board nor the Department
is an employer of the members of the governing body of the charter school
or any of the employees of the charter school.
3. Upon the initial renewal of a written charter and each renewal
thereafter, the governing body of a charter school may request a change
in the sponsorship of the charter school to an entity that is authorized
to sponsor charter schools pursuant to NRS 386.515 . The State Board shall adopt objective
criteria for the conditions under which such a request may be granted.
4. Except as otherwise provided in subsection 6, a written charter
must be for a term of 6 years unless the governing body of a charter
school renews its initial charter after 3 years of operation pursuant to
subsection 2 of NRS 386.530 . A written
charter must include all conditions of operation set forth in paragraphs
(a) to (o), inclusive, of subsection 2 of NRS 386.520 and include the kind of school, as defined in
subsections 1 to 4, inclusive, of NRS 388.020 for which the charter school is authorized to
operate. If the State Board is the sponsor of the charter school, the
written charter must set forth the responsibilities of the sponsor and
the charter school with regard to the provision of services and programs
to pupils with disabilities who are enrolled in the charter school in
accordance with the Individuals with Disabilities Education Act, 20
U.S.C. §§ 1400 et seq., and NRS 388.440
to 388.520 , inclusive. As a condition
of the issuance of a written charter pursuant to this subsection, the
charter school must agree to comply with all conditions of operation set
forth in NRS 386.550 .
5. The governing body of a charter school may submit to the
sponsor of the charter school a written request for an amendment of the
written charter of the charter school. Such an amendment may include,
without limitation, the expansion of instruction and other educational
services to pupils who are enrolled in grade levels other than the grade
levels of pupils currently enrolled in the charter school if the
expansion of grade levels does not change the kind of school, as defined
in NRS 388.020 , for which the charter
school is authorized to operate. If the proposed amendment complies with
the provisions of this section, NRS 386.500 to 386.610 ,
inclusive, and any other statute or regulation applicable to charter
schools, the sponsor may amend the written charter in accordance with the
proposed amendment. If a charter school wishes to expand the instruction
and other educational services offered by the charter school to pupils
who are enrolled in grade levels other than the grade levels of pupils
currently enrolled in the charter school and the expansion of grade
levels changes the kind of school, as defined in NRS 388.020 , for which the charter school is authorized to
operate, the governing body of the charter school must submit a new
application to form a charter school. If such an application is approved,
the charter school may continue to operate under the same governing body
and an additional governing body does not need to be selected to operate
the charter school with the expanded grade levels.
6. The State Board shall adopt objective criteria for the issuance
of a written charter to an applicant who is not prepared to commence
operation on the date of issuance of the written charter. The criteria
must include, without limitation, the:
(a) Period for which such a written charter is valid; and
(b) Timelines by which the applicant must satisfy certain
requirements demonstrating its progress in preparing to commence
operation.
Ê A holder of such a written charter may apply for grants of money to
prepare the charter school for operation. A written charter issued
pursuant to this subsection must not be designated as a conditional
charter or a provisional charter or otherwise contain any other
designation that would indicate the charter is issued for a temporary
period.
7. The holder of a written charter that is issued pursuant to
subsection 6 shall not commence operation of the charter school and is
not eligible to receive apportionments pursuant to NRS 387.124 until the sponsor has determined that the
requirements adopted by the State Board pursuant to subsection 6 have
been satisfied and that the facility the charter school will occupy has
been inspected and meets the requirements of any applicable building
codes, codes for the prevention of fire, and codes pertaining to safety,
health and sanitation. Except as otherwise provided in this subsection,
the sponsor shall make such a determination 30 days before the first day
of school for the:
(a) Schools of the school district in which the charter school is
located that operate on a traditional school schedule and not a
year-round school schedule; or
(b) Charter school,
Ê whichever date the sponsor selects. The sponsor shall not require a
charter school to demonstrate compliance with the requirements of this
subsection more than 30 days before the date selected. However, it may
authorize a charter school to demonstrate compliance less than 30 days
before the date selected.
(Added to NRS by 1999, 3289 ; A 2001, 3129 ; 2005, 1662 , 2400 , 2538 )
1. Except as otherwise provided in subsection 2, an application
for renewal of a written charter may be submitted to the sponsor of the
charter school not less than 90 days before the expiration of the
charter. The application must include the information prescribed by the
regulations of the Department. The sponsor shall conduct an intensive
review and evaluation of the charter school in accordance with the
regulations of the Department. The sponsor shall renew the charter unless
it finds the existence of any ground for revocation set forth in NRS
386.535 . The sponsor shall provide
written notice of its determination not fewer than 30 days before the
expiration of the charter. If the sponsor intends not to renew the
charter, the written notice must:
(a) Include a statement of the deficiencies or reasons upon which
the action of the sponsor is based; and
(b) Prescribe a period of not less than 30 days during which the
charter school may correct any such deficiencies.
Ê If the charter school corrects the deficiencies to the satisfaction of
the sponsor within the time prescribed in paragraph (b), the sponsor
shall renew the charter of the charter school.
2. A charter school may submit an application for renewal of its
initial charter after 3 years of operation of the charter school. The
application must include the information prescribed by the regulations of
the Department. The sponsor shall conduct an intensive review and
evaluation of the charter school in accordance with the regulations of
the Department. The sponsor shall renew the charter unless it finds the
existence of any ground for revocation set forth in NRS 386.535 . The sponsor shall provide written notice of
its determination. If the sponsor intends not to renew the charter, the
written notice must:
(a) Include a statement of the deficiencies or reasons upon which
the action of the sponsor is based; and
(b) Prescribe a period of not less than 30 days during which the
charter school may correct any such deficiencies.
Ê If the charter school corrects the deficiencies to the satisfaction of
the sponsor within the time prescribed in paragraph (b), the sponsor
shall renew the charter of the charter school.
(Added to NRS by 1997, 1849)
1. The sponsor of a charter school may revoke the written charter
of the charter school before the expiration of the charter if the sponsor
determines that:
(a) The charter school, its officers or its employees have failed
to comply with:
(1) The terms and conditions of the written charter;
(2) Generally accepted standards of accounting and fiscal
management; or
(3) The provisions of NRS 386.500 to 386.610 ,
inclusive, or any other statute or regulation applicable to charter
schools;
(b) The charter school has filed for a voluntary petition of
bankruptcy, is adjudicated bankrupt or insolvent, or is otherwise
financially impaired such that the charter school cannot continue to
operate; or
(c) There is reasonable cause to believe that revocation is
necessary to protect the health and safety of the pupils who are enrolled
in the charter school or persons who are employed by the charter school
from jeopardy, or to prevent damage to or loss of the property of the
school district or the community in which the charter school is located.
2. Before the sponsor revokes a written charter, the sponsor shall
provide written notice of its intention to the governing body of the
charter school. The written notice must:
(a) Include a statement of the deficiencies or reasons upon which
the action of the sponsor is based;
(b) Except as otherwise provided in subsection 4, prescribe a
period, not less than 30 days, during which the charter school may
correct the deficiencies, including, without limitation, the date on
which the period to correct the deficiencies begins and the date on which
that period ends;
(c) Prescribe the date on which the sponsor will make a
determination regarding whether the charter school has corrected the
deficiencies, which determination may be made during the public hearing
held pursuant to subsection 3; and
(d) Prescribe the date on which the sponsor will hold a public
hearing to consider whether to revoke the charter.
3. Except as otherwise provided in subsection 4, not more than 90
days after the notice is provided pursuant to subsection 2, the sponsor
shall hold a public hearing to make a determination regarding whether to
revoke the written charter. If the charter school corrects the
deficiencies to the satisfaction of the sponsor within the time
prescribed in paragraph (b) of subsection 2, the sponsor shall not revoke
the written charter of the charter school. The sponsor may not include in
a written notice pursuant to subsection 2 any deficiency which was
included in a previous written notice and which was corrected by the
charter school, unless the deficiency recurred after being corrected.
4. The sponsor of a charter school and the governing body of the
charter school may enter into a written agreement that prescribes
different time periods than those set forth in subsections 2 and 3.
(Added to NRS by 1997, 1848; A 1999, 3296 ; 2005, 2401 )
1. The Department shall adopt regulations that prescribe:
(a) The process for submission of an application by the board of
trustees of a school district to the Department for authorization to
sponsor charter schools and the contents of the application;
(b) The process for submission of an application to form a charter
school to the Department, the board of trustees of a school district and
the Subcommittee on Charter Schools, and the contents of the application;
(c) The process for submission of an application to renew a written
charter; and
(d) The criteria and type of investigation that must be applied by
the board of trustees, the Subcommittee on Charter Schools and the State
Board in determining whether to approve an application to form a charter
school or an application to renew a written charter.
2. The Department may adopt regulations as it determines are
necessary to carry out the provisions of NRS 386.500 to 386.610 ,
inclusive, including, without limitation, regulations that prescribe the
procedures for accounting, budgeting and annual audits of charter schools.
(Added to NRS by 1997, 1856; A 2001, 3131 )
1. The Department and the board of trustees of a school district
shall:
(a) Upon request, provide information to the general public
concerning the formation and operation of charter schools; and
(b) Maintain a list available for public inspection that describes
the location of each charter school.
2. The sponsor of a charter school shall:
(a) Provide reasonable assistance to an applicant for a charter
school and to a charter school in carrying out the provisions of NRS
386.500 to 386.610 , inclusive;
(b) Provide technical and other reasonable assistance to a charter
school for the operation of the charter school; and
(c) Provide information to the governing body of a charter school
concerning the availability of money for the charter school, including,
without limitation, money available from the Federal Government.
3. The Department shall provide appropriate information, education
and training for charter schools and the governing bodies of charter
schools concerning the applicable provisions of title 34 of NRS and other
laws and regulations that affect charter schools and the governing bodies
of charter schools.
(Added to NRS by 1997, 1856; A 1999, 3297 ; 2005, 2402 )
The State Board shall:
1. Review all statutes and regulations from which charter schools
are exempt and determine whether such exemption assisted or impeded the
charter schools in achieving their educational goals and objectives.
2. Make available information concerning the formation and
operation of charter schools in this State to pupils, parents and legal
guardians of pupils, teachers and other educational personnel and members
of the general public.
(Added to NRS by 1997, 1856)
Governing Body; Operation and Finances; Implementation of Statutes;
Relations With Board of Trustees
1. The governing body of a charter school must consist of at least
three teachers, as defined in subsection 4, and may consist of, without
limitation, parents and representatives of nonprofit organizations and
businesses. A majority of the members of the governing body must reside
in this State. If the membership of the governing body changes, the
governing body shall provide written notice to the sponsor of the charter
school within 10 working days after such change. A person may serve on
the governing body only if he submits an affidavit to the Department
indicating that the person:
(a) Has not been convicted of a felony relating to serving on the
governing body of a charter school or any offense involving moral
turpitude.
(b) Has read and understands material concerning the roles and
responsibilities of members of governing bodies of charter schools and
other material designed to assist the governing bodies of charter
schools, if such material is provided to the person by the Department.
2. The governing body of a charter school is a public body. It is
hereby given such reasonable and necessary powers, not conflicting with
the Constitution and the laws of the State of Nevada, as may be requisite
to attain the ends for which the charter school is established and to
promote the welfare of pupils who are enrolled in the charter school.
3. The governing body of a charter school shall, during each
calendar quarter, hold at least one regularly scheduled public meeting in
the county in which the charter school is located.
4. As used in subsection 1, “teacher” means a person who:
(a) Holds a current license to teach issued pursuant to chapter 391
of NRS; and
(b) Has at least 2 years of experience as an employed teacher.
Ê The term does not include a person who is employed as a substitute
teacher.
(Added to NRS by 1999, 3290 ; A 2001, 3131 ; 2003, 2697 ; 2005, 2539 )
1. A charter school shall:
(a) Comply with all laws and regulations relating to discrimination
and civil rights.
(b) Remain nonsectarian, including, without limitation, in its
educational programs, policies for admission and employment practices.
(c) Refrain from charging tuition or fees, levying taxes or issuing
bonds.
(d) Comply with any plan for desegregation ordered by a court that
is in effect in the school district in which the charter school is
located.
(e) Comply with the provisions of chapter 241 of NRS.
(f) Except as otherwise provided in this paragraph, schedule and
provide annually at least as many days of instruction as are required of
other public schools located in the same school district as the charter
school is located. The governing body of a charter school may submit a
written request to the Superintendent of Public Instruction for a waiver
from providing the days of instruction required by this paragraph. The
Superintendent of Public Instruction may grant such a request if the
governing body demonstrates to the satisfaction of the Superintendent
that:
(1) Extenuating circumstances exist to justify the waiver;
and
(2) The charter school will provide at least as many hours
or minutes of instruction as would be provided under a program consisting
of 180 days.
(g) Cooperate with the board of trustees of the school district in
the administration of the achievement and proficiency examinations
administered pursuant to NRS 389.015
and the examinations required pursuant to NRS 389.550 to the pupils who are enrolled in the charter
school.
(h) Comply with applicable statutes and regulations governing the
achievement and proficiency of pupils in this State.
(i) Provide instruction in the core academic subjects set forth in
subsection 1 of NRS 389.018 , as
applicable for the grade levels of pupils who are enrolled in the charter
school, and provide at least the courses of study that are required of
pupils by statute or regulation for promotion to the next grade or
graduation from a public high school and require the pupils who are
enrolled in the charter school to take those courses of study. This
paragraph does not preclude a charter school from offering, or requiring
the pupils who are enrolled in the charter school to take, other courses
of study that are required by statute or regulation.
(j) If the parent or legal guardian of a child submits an
application to enroll in kindergarten, first grade or second grade at the
charter school, comply with NRS 392.040
regarding the ages for enrollment in those grades.
(k) Refrain from using public money to purchase real property or
buildings without the approval of the sponsor.
(l) Hold harmless, indemnify and defend the sponsor of the charter
school against any claim or liability arising from an act or omission by
the governing body of the charter school or an employee or officer of the
charter school. An action at law may not be maintained against the
sponsor of a charter school for any cause of action for which the charter
school has obtained liability insurance.
(m) Provide written notice to the parents or legal guardians of
pupils in grades 9 to 12, inclusive, who are enrolled in the charter
school of whether the charter school is accredited by the Commission on
Schools of the Northwest Association of Schools and of Colleges and
Universities.
(n) Adopt a final budget in accordance with the regulations adopted
by the Department. A charter school is not required to adopt a final
budget pursuant to NRS 354.598 or
otherwise comply with the provisions of chapter 354 of NRS.
(o) If the charter school provides a program of distance education
pursuant to NRS 388.820 to 388.874
, inclusive, comply with all statutes
and regulations that are applicable to a program of distance education
for purposes of the operation of the program.
2. A charter school shall not provide instruction through a
program of distance education to children who are exempt from compulsory
attendance authorized by the State Board pursuant to subsection 1 of NRS
392.070 . As used in this subsection,
“distance education” has the meaning ascribed to it in NRS 388.826 .
(Added to NRS by 1997, 1849; A 1999, 2664 , 3256 , 3297 , 3383 ; 2001, 238 , 240 , 3132 )
The provisions of NRS 386.500 to 386.610 ,
inclusive, and any other statute or regulation applicable to a charter
school or its officers or employees govern the formation and operation of
charter schools in this State. Upon the first renewal of a written
charter and each renewal thereafter, the sponsor of a charter school
shall not prescribe additional requirements or otherwise require a
charter school to comply with additional terms or conditions unless the
sponsor is specifically authorized by statute, regulation or the written
charter.
(Added to NRS by 2005, 1662 )
1. Not later than 60 days after receipt of a memorandum pursuant
to subsection 3 of NRS 385.210 or an
addendum to a memorandum pursuant to subsection 4 of that section, the
governing body of a charter school shall determine which statutes and
bills described in the memorandum or addendum, as applicable, directly
affect pupils, parents, teachers, administrators or other educational
personnel of the charter school and require a plan for implementation. If
the governing body determines that a statute or bill requires a plan for
implementation, the governing body shall prepare a brief plan, which must
ensure that the charter school will comply with the statute or bill on
the date on which the statute or bill becomes effective and thereafter.
2. The governing body of a charter school shall provide to the
parents and legal guardians of pupils who are enrolled in the charter
school, and to all teachers, administrators and other educational
personnel who are employed by the charter school, written notice of the:
(a) Information contained in the memorandum provided pursuant to
subsection 3 of NRS 385.210 or the
addendum provided pursuant to subsection 4 of that section, as
applicable, that directly affects pupils, parents, teachers,
administrators or other educational personnel of the charter school; and
(b) Brief plan for implementation of the statutes or bills, if any.
3. The written notice provided pursuant to subsection 2 to the
parents and legal guardians may be:
(a) Included in other notices that the charter school provides to
parents and legal guardians.
(b) Provided in a language other than English if the governing body
determines that it is necessary for the parent or legal guardian to
understand the notice.
(Added to NRS by 2005, 1654 )
A charter school
shall not operate for profit.
(Added to NRS by 2001, 3123 )
A charter school shall not be supported by or
otherwise affiliated with any religion or religious organization or
institution.
(Added to NRS by 1997, 1850)
1. The governing body of a charter school may contract with the
board of trustees of the school district in which the charter school is
located or the Nevada System of Higher Education for the provision of
facilities to operate the charter school or to perform any service
relating to the operation of the charter school, including, without
limitation, transportation and the provision of health services for the
pupils who are enrolled in the charter school.
2. A charter school may use any public facility located within the
school district in which the charter school is located. A charter school
may use school buildings owned by the school district only upon approval
of the board of trustees of the school district and during times that are
not regular school hours.
3. The board of trustees of a school district may donate surplus
personal property of the school district to a charter school that is
located within the school district.
4. Except as otherwise provided in this subsection, upon the
request of a parent or legal guardian of a pupil who is enrolled in a
charter school, the board of trustees of the school district in which the
charter school is located shall authorize the pupil to participate in a
class that is not available to the pupil at the charter school or
participate in an extracurricular activity, excluding sports, at a public
school within the school district if:
(a) Space for the pupil in the class or extracurricular activity is
available; and
(b) The parent or legal guardian demonstrates to the satisfaction
of the board of trustees that the pupil is qualified to participate in
the class or extracurricular activity.
Ê If the board of trustees of a school district authorizes a pupil to
participate in a class or extracurricular activity, excluding sports,
pursuant to this subsection, the board of trustees is not required to
provide transportation for the pupil to attend the class or activity. The
provisions of this subsection do not apply to a pupil who is enrolled in
a charter school and who desires to participate on a part-time basis in a
program of distance education provided by the board of trustees of a
school district pursuant to NRS 388.820
to 388.874 , inclusive. Such a pupil
must comply with NRS 388.858 .
5. Upon the request of a parent or legal guardian of a pupil who
is enrolled in a charter school, the board of trustees of the school
district in which the charter school is located shall authorize the pupil
to participate in sports at the public school that he would otherwise be
required to attend within the school district, or upon approval of the
board of trustees, any public school within the same zone of attendance
as the charter school if:
(a) Space is available for the pupil to participate; and
(b) The parent or legal guardian demonstrates to the satisfaction
of the board of trustees that the pupil is qualified to participate.
Ê If the board of trustees of a school district authorizes a pupil to
participate in sports pursuant to this subsection, the board of trustees
is not required to provide transportation for the pupil to participate.
6. The board of trustees of a school district may revoke its
approval for a pupil to participate in a class, extracurricular activity
or sports at a public school pursuant to subsections 4 and 5 if the board
of trustees or the public school determines that the pupil has failed to
comply with applicable statutes, or applicable rules and regulations of
the board of trustees, the public school or an association for
interscholastic activities. If the board of trustees so revokes its
approval, neither the board of trustees nor the public school is liable
for any damages relating to the denial of services to the pupil.
(Added to NRS by 1997, 1850; A 1999, 3299 ; 2001, 3133 )
1. Unless otherwise authorized by specific statute, it is unlawful
for a member of the board of trustees of a school district or an employee
of a school district to solicit or accept any gift or payment of money on
his own behalf or on behalf of the school district or for any other
purpose from a member of a committee to form a charter school, the
governing body of a charter school, or any officer or employee of a
charter school.
2. This section does not prohibit the payment of a salary or other
compensation or income to a member of the board of trustees or an
employee of a school district for services provided in accordance with a
contract made pursuant to NRS 386.560 .
3. A person who violates subsection 1 shall be punished for a
misdemeanor.
(Added to NRS by 2001, 3123 )
The board of trustees of a school district in which a charter
school is located shall not:
1. Assign any pupil who is enrolled in a public school in the
school district or any employee who is employed in a public school in the
school district to a charter school.
2. Interfere with the operation and management of the charter
school except as authorized by the written charter, NRS 386.500 to 386.610 ,
inclusive, and any other statute or regulation applicable to charter
schools or its officers or employees.
(Added to NRS by 1997, 1848; A 1999, 3300 )
1. Each pupil who is enrolled in a charter school, including,
without limitation, a pupil who is enrolled in a program of special
education in a charter school, must be included in the count of pupils in
the school district for the purposes of apportionments and allowances
from the State Distributive School Account pursuant to NRS 387.121 to 387.126 ,
inclusive, unless the pupil is exempt from compulsory attendance pursuant
to NRS 392.070 . A charter school is
entitled to receive its proportionate share of any other money available
from federal, state or local sources that the school or the pupils who
are enrolled in the school are eligible to receive. If a charter school
receives special education program units directly from this State, the
amount of money for special education that the school district pays to
the charter school may be reduced proportionately by the amount of money
the charter school received from this State for that purpose.
2. All money received by the charter school from this State or
from the board of trustees of a school district must be deposited in a
bank, credit union or other financial institution in this State. The
governing body of a charter school may negotiate with the board of
trustees of the school district and the State Board for additional money
to pay for services which the governing body wishes to offer.
3. Upon completion of a school year, the sponsor of a charter
school may request reimbursement from the governing body of the charter
school for the administrative costs associated with sponsorship for that
school year if the sponsor provided administrative services during that
school year. Upon receipt of such a request, the governing body shall pay
the reimbursement to the board of trustees of the school district, if the
board of trustees sponsors the charter school, or to the Department if
the State Board sponsors the charter school. If a governing body fails to
pay the reimbursement, the charter school shall be deemed to have
violated its written charter and the sponsor may take such action to
revoke the written charter pursuant to NRS 386.535 as it deems necessary. If the board of
trustees of a school district is the sponsor of a charter school, the
amount of money that may be paid to the sponsor pursuant to this
subsection for administrative expenses in 1 school year must not exceed:
(a) For the first year of operation of the charter school, 2
percent of the total amount of money apportioned to the charter school
during the year pursuant to NRS 387.124 .
(b) For any year after the first year of operation of the charter
school, 1 percent of the total amount of money apportioned to the charter
school during the year pursuant to NRS 387.124 .
4. If the State Board is the sponsor of a charter school, the
amount of money that may be paid to the Department pursuant to subsection
3 for administrative expenses in 1 school year must not exceed:
(a) For the first year of operation of the charter school, 2
percent of the total amount of money apportioned to the charter school
during the year pursuant to NRS 387.124 .
(b) For any year after the first year of operation of the charter
school, 1.5 percent of the total amount of money apportioned to the
charter school during the year pursuant to NRS 387.124 .
5. To determine the amount of money for distribution to a charter
school in its first year of operation, the count of pupils who are
enrolled in the charter school must initially be determined 30 days
before the beginning of the school year of the school district, based on
the number of pupils whose applications for enrollment have been approved
by the charter school. The count of pupils who are enrolled in the
charter school must be revised on the last day of the first school month
of the school district in which the charter school is located for the
school year, based on the actual number of pupils who are enrolled in the
charter school. Pursuant to subsection 5 of NRS 387.124 , the governing body of a charter school may
request that the apportionments made to the charter school in its first
year of operation be paid to the charter school 30 days before the
apportionments are otherwise required to be made.
6. If a charter school ceases to operate as a charter school
during a school year, the remaining apportionments that would have been
made to the charter school pursuant to NRS 387.124 for that year must be paid on a proportionate
basis to the school districts where the pupils who were enrolled in the
charter school reside.
7. The governing body of a charter school may solicit and accept
donations, money, grants, property, loans, personal services or other
assistance for purposes relating to education from members of the general
public, corporations or agencies. The governing body may comply with
applicable federal laws and regulations governing the provision of
federal grants for charter schools. The State Board may assist a charter
school that operates exclusively for the enrollment of pupils who receive
special education in identifying sources of money that may be available
from the Federal Government or this State for the provision of
educational programs and services to such pupils.
8. If a charter school uses money received from this State to
purchase real property, buildings, equipment or facilities, the governing
body of the charter school shall assign a security interest in the
property, buildings, equipment and facilities to the State of Nevada.
(Added to NRS by 1997, 1852; A 1999, 3300 ; 2001, 3134 ; 2005, 2403 )
1. The governing body of a charter school shall designate a person
to draw all orders for the payment of money belonging to the charter
school. The orders must be listed on cumulative voucher sheets.
2. The governing body of a charter school shall prescribe the
procedures by which the orders must be approved and the cumulative
voucher sheets signed.
3. An order for the payment of money to a member of the governing
body of the charter school may only be drawn for salary, travel expenses,
subsistence allowances or for services rendered by the member.
4. An action may not be maintained against any governing body of a
charter school or the sponsor of a charter school to collect upon any
bill not presented for payment to the governing body within 6 months
after the bill was incurred.
(Added to NRS by 1999, 3290 )
1. If a charter school files a voluntary petition of bankruptcy or
is declared bankrupt during a school year, the governing body of the
charter school shall make an assignment of all real property and other
property of the charter school to the State of Nevada for the repayment
of all money received by the charter school from this state for the
operation of the charter school during that year. The governing body
shall make full settlement with this state for such repayment, and the
State may take any lawful action necessary to recover the money.
2. If a charter school files a voluntary petition of bankruptcy or
is declared bankrupt during a school year, neither the State of Nevada
nor the sponsor of the charter school may be held liable for any claims
resulting from the bankruptcy.
(Added to NRS by 1997, 1848; A 1999, 3301 )
Fund for Charter Schools
1. The Fund for Charter Schools is hereby created in the State
Treasury as a revolving loan fund, to be administered by the Department.
2. The money in the revolving fund must be invested as other state
funds are invested. All interest and income earned on the money in the
revolving fund must be credited to the revolving fund. Any money
remaining in the revolving fund at the end of a fiscal year does not
revert to the State General Fund, and the balance in the Fund must be
carried forward.
3. All payments of principal and interest on all the loans made to
a charter school from the revolving fund must be deposited in the State
Treasury for credit to the revolving fund.
4. Claims against the revolving fund must be paid as other claims
against the State are paid.
5. The Department may accept gifts, grants, bequests and donations
from any source for deposit in the revolving fund.
(Added to NRS by 2001, 3124 )
1. After deducting the costs directly related to administering the
Fund for Charter Schools, the Department may use the money in the Fund
for Charter Schools, including repayments of principal and interest on
loans made from the Fund, and interest and income earned on money in the
Fund, only to make loans at or below market rate to charter schools for
the costs incurred:
(a) In preparing a charter school to commence its first year of
operation; and
(b) To improve a charter school that has been in operation.
2. The total amount of a loan that may be made to a charter school
in 1 year must not exceed $25,000.
(Added to NRS by 2001, 3124 )
1. If the governing body of a charter school has a written charter
issued pursuant to NRS 386.527 , the
governing body may submit an application to the Department for a loan
from the Fund for Charter Schools. An application must include a written
description of the manner in which the loan will be used to prepare the
charter school for its first year of operation or to improve a charter
school that has been in operation.
2. The Department shall, within the limits of money available for
use in the Fund, make loans to charter schools whose applications have
been approved. If the Department makes a loan from the Fund, the
Department shall ensure that the contract for the loan includes all terms
and conditions for repayment of the loan.
3. The State Board:
(a) Shall adopt regulations that prescribe the:
(1) Annual deadline for submission of an application to the
Department by a charter school that desires to receive a loan from the
Fund; and
(2) Period for repayment and the rate of interest for loans
made from the Fund.
(b) May adopt such other regulations as it deems necessary to carry
out the provisions of this section and NRS 386.576 and 386.577 .
(Added to NRS by 2001, 3124 )
Pupils
1. An application for enrollment in a charter school may be
submitted to the governing body of the charter school by the parent or
legal guardian of any child who resides in this State. Except as
otherwise provided in this subsection and subsection 2, a charter school
shall enroll pupils who are eligible for enrollment in the order in which
the applications are received. If the board of trustees of the school
district in which the charter school is located has established zones of
attendance pursuant to NRS 388.040 , the
charter school shall, if practicable, ensure that the racial composition
of pupils enrolled in the charter school does not differ by more than 10
percent from the racial composition of pupils who attend public schools
in the zone in which the charter school is located. If a charter school
is sponsored by the board of trustees of a school district located in a
county whose population is 100,000 or more, except for a program of
distance education provided by the charter school, the charter school
shall enroll pupils who are eligible for enrollment who reside in the
school district in which the charter school is located before enrolling
pupils who reside outside the school district. Except as otherwise
provided in subsection 2, if more pupils who are eligible for enrollment
apply for enrollment in the charter school than the number of spaces
which are available, the charter school shall determine which applicants
to enroll pursuant to this subsection on the basis of a lottery system.
2. Before a charter school enrolls pupils who are eligible for
enrollment, a charter school that is dedicated to providing educational
programs and opportunities to pupils who are at risk may enroll a child
who:
(a) Is a sibling of a pupil who is currently enrolled in the
charter school; or
(b) Resides within the school district and within 2 miles of the
charter school if the charter school is located in an area that the
sponsor of the charter school determines includes a high percentage of
children who are at risk. If space is available after the charter school
enrolls pupils pursuant to this paragraph, the charter school may enroll
children who reside outside the school district but within 2 miles of the
charter school if the charter school is located within an area that the
sponsor determines includes a high percentage of children who are at risk.
Ê If more pupils described in this subsection who are eligible apply for
enrollment than the number of spaces available, the charter school shall
determine which applicants to enroll pursuant to this subsection on the
basis of a lottery system.
3. Except as otherwise provided in subsection 7, a charter school
shall not accept applications for enrollment in the charter school or
otherwise discriminate based on the:
(a) Race;
(b) Gender;
(c) Religion;
(d) Ethnicity; or
(e) Disability,
Ê of a pupil.
4. If the governing body of a charter school determines that the
charter school is unable to provide an appropriate special education
program and related services for a particular disability of a pupil who
is enrolled in the charter school, the governing body may request that
the board of trustees of the school district of the county in which the
pupil resides transfer that pupil to an appropriate school.
5. Except as otherwise provided in this subsection, upon the
request of a parent or legal guardian of a child who is enrolled in a
public school of a school district or a private school, or a parent or
legal guardian of a homeschooled child, the governing body of the charter
school shall authorize the child to participate in a class that is not
otherwise available to the child at his school or home school or
participate in an extracurricular activity at the charter school if:
(a) Space for the child in the class or extracurricular activity is
available; and
(b) The parent or legal guardian demonstrates to the satisfaction
of the governing body that the child is qualified to participate in the
class or extracurricular activity.
Ê If the governing body of a charter school authorizes a child to
participate in a class or extracurricular activity pursuant to this
subsection, the governing body is not required to provide transportation
for the child to attend the class or activity. A charter school shall not
authorize such a child to participate in a class or activity through a
program of distance education provided by the charter school pursuant to
NRS 388.820 to 388.874 , inclusive.
6. The governing body of a charter school may revoke its approval
for a child to participate in a class or extracurricular activity at a
charter school pursuant to subsection 5 if the governing body determines
that the child has failed to comply with applicable statutes, or
applicable rules and regulations. If the governing body so revokes its
approval, neither the governing body nor the charter school is liable for
any damages relating to the denial of services to the child.
7. This section does not preclude the formation of a charter
school that is dedicated to provide educational services exclusively to
pupils:
(a) With disabilities;
(b) Who pose such severe disciplinary problems that they warrant a
specific educational program, including, without limitation, a charter
school specifically designed to serve a single gender that emphasizes
personal responsibility and rehabilitation; or
(c) Who are at risk.
Ê If more eligible pupils apply for enrollment in such a charter school
than the number of spaces which are available, the charter school shall
determine which applicants to enroll pursuant to this subsection on the
basis of a lottery system.
(Added to NRS by 1997, 1850; A 1999, 3301 ; 2001, 3135 ; 2003, 2960 ; 2005, 1537 , 1664 , 2404 , 2540 )
If a pupil has successfully
completed equivalent courses at a charter school, the pupil must be
allowed to transfer the credit that he received at the charter school as
applicable toward advancement to the next grade at any other public
school or toward graduation from any other public school.
(Added to NRS by 1999, 3291 )
The
governing body of a charter school shall adopt rules for the academic
retention of pupils who are enrolled in the charter school. The rules
must prescribe the conditions under which a pupil may be retained in the
same grade rather than promoted to the next higher grade for the
immediately succeeding school year.
(Added to NRS by 1999, 3291 )
1. If a charter school provides instruction to pupils enrolled in
a high school grade level and the charter school requires those pupils to
satisfy requirements for graduation from high school that are less than
the requirements imposed by the school district in which the charter
school is located, the charter school shall not issue a high school
diploma of the school district but may issue a high school diploma which
clearly indicates that it is a diploma issued by a charter school. If a
charter school requires its pupils to satisfy requirements for graduation
from high school that meet or exceed the requirements of the school
district in which the charter school is located, the charter school may
issue a high school diploma of the school district or a high school
diploma of the charter school.
2. A charter school shall submit the form for a diploma of the
charter school to the Department for approval if the form differs from
the form of the school district in which the charter school is located.
3. The provisions of this section do not authorize a charter
school to impose requirements for graduation from high school that are
less than the requirements of the applicable state statutes and
regulations.
(Added to NRS by 2001, 3124 )
1. A governing body of a charter school shall adopt:
(a) Written rules of behavior required of and prohibited for pupils
attending the charter school; and
(b) Appropriate punishments for violations of the rules.
2. Except as otherwise provided in subsection 3, if suspension or
expulsion of a pupil is used as a punishment for a violation of the
rules, the charter school shall ensure that, before the suspension or
expulsion, the pupil has been given notice of the charges against him, an
explanation of the evidence and an opportunity for a hearing. The
provisions of chapter 241 of NRS do not apply
to any hearing conducted pursuant to this section. Such a hearing must be
closed to the public.
3. A pupil who poses a continuing danger to persons or property or
an ongoing threat of disrupting the academic process or who is selling or
distributing any controlled substance or who is found to be in possession
of a dangerous weapon as provided in NRS 392.466 may be removed from the charter school
immediately upon being given an explanation of the reasons for his
removal and pending proceedings, which must be conducted as soon as
practicable after removal, for his suspension or expulsion.
4. A pupil who is enrolled in a charter school and participating
in a program of special education pursuant to NRS 388.520 , other than a pupil who is gifted and
talented, may, in accordance with the procedural policy adopted by the
governing body of the charter school for such matters, be:
(a) Suspended from the charter school pursuant to this section for
not more than 10 days.
(b) Suspended from the charter school for more than 10 days or
permanently expelled from school pursuant to this section only after the
governing body has reviewed the circumstances and determined that the
action is in compliance with the Individuals with Disabilities Education
Act (20 U.S.C. §§ 1400 et seq.).
5. A copy of the rules of behavior, prescribed punishments and
procedures to be followed in imposing punishments must be:
(a) Distributed to each pupil at the beginning of the school year
and to each new pupil who enters school during the year.
(b) Available for public inspection at the charter school.
6. The governing body of a charter school may adopt rules relating
to the truancy of pupils who are enrolled in the charter school if the
rules are at least as restrictive as the provisions governing truancy set
forth in NRS 392.130 to 392.220 , inclusive. If a governing body adopts rules
governing truancy, it shall include the rules in the written rules
adopted by the governing body pursuant to subsection 1.
(Added to NRS by 1997, 1851)
Personnel
1. Each applicant for employment with a charter school, except a
licensed teacher or other person licensed by the Superintendent of Public
Instruction, must, as a condition to employment, submit to the governing
body of the charter school a complete set of his fingerprints and written
permission authorizing the governing body to forward the fingerprints to
the Central Repository for Nevada Records of Criminal History for its
report on the criminal history of the applicant and for submission to the
Federal Bureau of Investigation for its report on the criminal history of
the applicant.
2. If the reports on the criminal history of an applicant indicate
that the applicant has not been convicted of a felony or an offense
involving moral turpitude, the governing body of the charter school may
employ the applicant.
3. If a report on the criminal history of an applicant indicates
that the applicant has been convicted of a felony or an offense involving
moral turpitude and the governing body of the charter school does not
disqualify the applicant from further consideration of employment on the
basis of that report, the governing body shall, upon the written
authorization of the applicant, forward a copy of the report to the
Superintendent of Public Instruction. If the applicant refuses to provide
his written authorization to forward a copy of the report pursuant to
this subsection, the charter school shall not employ the applicant.
4. The Superintendent of Public Instruction or his designee shall
promptly review the report to determine whether the conviction of the
applicant is related or unrelated to the position with the charter school
for which the applicant has applied. If the applicant desires employment
with the charter school, he shall, upon the request of the Superintendent
of Public Instruction or his designee, provide any further information
that the Superintendent or his designee determines is necessary to make
the determination. If the governing body of the charter school desires to
employ the applicant, the governing body shall, upon the request of the
Superintendent of Public Instruction or his designee, provide any further
information that the Superintendent or his designee determines is
necessary to make the determination. The Superintendent of Public
Instruction or his designee shall provide written notice of the
determination to the applicant and to the governing body of the charter
school.
5. If the Superintendent of Public Instruction or his designee
determines that the conviction of the applicant is related to the
position with the charter school for which the applicant has applied, the
governing body of the charter school shall not employ the applicant. If
the Superintendent of Public Instruction or his designee determines that
the conviction of the applicant is unrelated to the position with the
charter school for which the applicant has applied, the governing body of
the charter school may employ the applicant for that position.
(Added to NRS by 2005, 2397 )
1. Except as otherwise provided in this subsection, at least 70
percent of the teachers who provide instruction at a charter school must
be licensed teachers. If a charter school is a vocational school, the
charter school shall, to the extent practicable, ensure that at least 70
percent of the teachers who provide instruction at the school are
licensed teachers, but in no event may more than 50 percent of the
teachers who provide instruction at the school be unlicensed teachers.
2. A governing body of a charter school shall employ:
(a) If the charter school offers instruction in kindergarten or
grade 1, 2, 3, 4, 5, 6, 7 or 8, a licensed teacher to teach pupils who
are enrolled in those grades. If required by subsection 3 or 4, such a
teacher must possess the qualifications required by 20 U.S.C. § 6319(a).
(b) If the charter school offers instruction in grade 9, 10, 11 or
12, a licensed teacher to teach pupils who are enrolled in those grades
for the subjects set forth in subsection 4. If required by subsection 3
or 4, such a teacher must possess the qualifications required by 20
U.S.C. § 6319(a).
(c) In addition to the requirements of paragraphs (a) and (b):
(1) If a charter school specializes in arts and humanities,
physical education or health education, a licensed teacher to teach those
courses of study.
(2) If a charter school specializes in the construction
industry or other building industry, licensed teachers to teach courses
of study relating to the industry if those teachers are employed full
time.
(3) If a charter school specializes in the construction
industry or other building industry and the school offers courses of
study in computer education, technology or business, licensed teachers to
teach those courses of study if those teachers are employed full time.
3. A person who is initially hired by the governing body of a
charter school on or after January 8, 2002, to teach in a program
supported with money from Title I must possess the qualifications
required by 20 U.S.C. § 6319(a). For the purposes of this subsection, a
person is not “initially hired” if he has been employed as a teacher by
another school district or charter school in this State without an
interruption in employment before the date of hire by his current
employer.
4. A teacher who is employed by a charter school, regardless of
the date of hire, must, on or before July 1, 2006, possess the
qualifications required by 20 U.S.C. § 6319(a) if he teaches one or more
of the following subjects:
(a) English, reading or language arts;
(b) Mathematics;
(c) Science;
(d) Foreign language;
(e) Civics or government;
(f) Economics;
(g) Geography;
(h) History; or
(i) The arts.
5. Except as otherwise provided in NRS 386.588 , a charter school may employ a person who is
not licensed pursuant to the provisions of chapter 391 of NRS to teach a course of study for which a
licensed teacher is not required pursuant to subsections 2, 3 and 4 if
the person has:
(a) A degree, a license or a certificate in the field for which he
is employed to teach at the charter school; and
(b) At least 2 years of experience in that field.
6. Except as otherwise provided in NRS 386.588 , a charter school may employ such
administrators for the school as it deems necessary. A person employed as
an administrator must possess:
(a) A valid teacher’s license issued pursuant to chapter 391 of NRS with an administrative endorsement;
(b) A master’s degree in school administration, public
administration or business administration; or
(c) If the person has at least 5 years of experience in
administration, a baccalaureate degree.
7. A charter school shall not employ a person pursuant to this
section if his license to teach or provide other educational services has
been revoked or suspended in this State or another state.
8. On or before November 15 of each year, a charter school shall
submit to the Department, in a format prescribed by the Superintendent of
Public Instruction, the following information for each licensed employee
who is employed by the governing body on October 1 of that year:
(a) The amount of salary of the employee; and
(b) The designated assignment, as that term is defined by the
Department, of the employee.
(Added to NRS by 1997, 1852; A 1999, 3302 ; 2001, 3137 ; 2003, 19th Special Session, 44 ; 2005, 2406 , 2542 )
1. A person who is initially hired as a paraprofessional by a
charter school after January 8, 2002, to work in a program supported with
Title I money must possess the qualifications required by 20 U.S.C. §
6319(c).
2. A person who is employed as a paraprofessional by a charter
school, regardless of the date of hire, to work in a program supported
with Title I money must possess, on or before January 8, 2006, the
qualifications required by 20 U.S.C. § 6319(c).
3. For the purposes of this section, a person is not “initially
hired” if he has been employed as a paraprofessional by another school
district or charter school in this State without an interruption in
employment before the date of hire by his current employer.
4. As used in this section, “paraprofessional” has the meaning
ascribed to it in NRS 391.008 .
(Added to NRS by 2003, 19th Special Session, 44 )
1. All employees of a charter school shall be deemed public
employees.
2. The governing body of a charter school may make all decisions
concerning the terms and conditions of employment with the charter school
and any other matter relating to employment with the charter school. In
addition, the governing body may make all employment decisions with
regard to its employees pursuant to NRS 391.311 to 391.3197 , inclusive, unless a collective bargaining
agreement entered into by the governing body pursuant to chapter 288
of NRS contains separate provisions relating
to the discipline of licensed employees of a school.
3. Except as otherwise provided in this subsection, if the written
charter of a charter school is revoked or if a charter school ceases to
operate as a charter school, the employees of the charter school must be
reassigned to employment within the school district in accordance with
the applicable collective bargaining agreement. A school district is not
required to reassign an employee of a charter school pursuant to this
subsection if the employee:
(a) Was not granted a leave of absence by the school district to
teach at the charter school pursuant to subsection 4; or
(b) Was granted a leave of absence by the school district and did
not submit a written request to return to employment with the school
district in accordance with subsection 4.
4. The board of trustees of a school district that is a sponsor of
a charter school shall grant a leave of absence, not to exceed 3 years,
to any employee who is employed by the board of trustees who requests
such a leave of absence to accept employment with the charter school.
After the first school year in which an employee is on a leave of
absence, he may return to his former teaching position with the board of
trustees. After the third school year, an employee shall either submit a
written request to return to a comparable teaching position or resign
from the position for which his leave was granted. The board of trustees
shall grant a written request to return to a comparable position pursuant
to this subsection even if the return of the employee requires the board
of trustees to reduce the existing workforce of the school district. The
board of trustees may require that a request to return to a teaching
position submitted pursuant to this subsection be submitted at least 90
days before the employee would otherwise be required to report to duty.
5. An employee who is on a leave of absence from a school district
pursuant to this section:
(a) Shall contribute to and be eligible for all benefits for which
he would otherwise be entitled, including, without limitation,
participation in the Public Employees’ Retirement System and accrual of
time for the purposes of leave and retirement.
(b) Continues, while he is on leave, to be covered by the
collective bargaining agreement of the school district only with respect
to any matter relating to his status or employment with the district.
Ê The time during which such an employee is on a leave of absence and
employed in a charter school does not count toward the acquisition of
permanent status with the school district.
6. Upon the return of a teacher to employment in the school
district, he is entitled to the same level of retirement, salary and any
other benefits to which he would otherwise be entitled if he had not
taken a leave of absence to teach in a charter school.
7. An employee of a charter school who is not on a leave of
absence from a school district is eligible for all benefits for which he
would be eligible for employment in a public school, including, without
limitation, participation in the Public Employees’ Retirement System.
8. For all employees of a charter school:
(a) The compensation that a teacher or other school employee would
have received if he were employed by the school district must be used to
determine the appropriate levels of contribution required of the employee
and employer for purposes of the Public Employees’ Retirement System.
(b) The compensation that is paid to a teacher or other school
employee that exceeds the compensation that he would have received if he
were employed by the school district must not be included for the
purposes of calculating future retirement benefits of the employee.
9. If the board of trustees of a school district in which a
charter school is located manages a plan of group insurance for its
employees, the governing body of the charter school may negotiate with
the board of trustees to participate in the same plan of group insurance
that the board of trustees offers to its employees. If the employees of
the charter school participate in the plan of group insurance managed by
the board of trustees, the governing body of the charter school shall:
(a) Ensure that the premiums for that insurance are paid to the
board of trustees; and
(b) Provide, upon the request of the board of trustees, all
information that is necessary for the board of trustees to provide the
group insurance to the employees of the charter school.
(Added to NRS by 1997, 1853; A 1999, 3303 ; 2001, 1497 , 3138 , 3165 ; 2003, 223 ; 2005, 1665 , 2408 , 2543 )
Reports Required of Governing Body and Sponsor
1. On or before November 15 of each year, the governing body of
each charter school shall submit to the sponsor of the charter school,
the Superintendent of Public Instruction and the Director of the
Legislative Counsel Bureau for transmission to the Majority Leader of the
Senate and the Speaker of the Assembly a report that includes:
(a) A written description of the progress of the charter school in
achieving the mission and goals of the charter school set forth in its
application.
(b) For each licensed employee and nonlicensed teacher employed by
the charter school on October 1 of that year:
(1) The amount of salary of the employee; and
(2) The designated assignment, as that term is defined by
the Department, of the employee.
(c) For each fund maintained by the charter school, including,
without limitation, the general fund of the charter school and any
special revenue fund which receives state money, the total number and
salaries of licensed and nonlicensed persons whose salaries are paid from
the fund and who are employed by the governing body in full-time
positions or in part-time positions added together to represent full-time
positions. Information must be provided for the current school year based
upon the final budget of the charter school, including any amendments and
augmentations thereto, and for the preceding school year. An employee
must be categorized as filling an instructional, administrative,
instructional support or other position.
(d) The count of pupils who are enrolled in a charter school in:
(1) Kindergarten;
(2) Grades 1 to 12, inclusive; and
(3) Special education pursuant to NRS 388.440 to 388.520 ,
inclusive.
(e) The actual expenditures of the charter school in the fiscal
year immediately preceding the report.
(f ) The proposed expenditures of the charter school for the
current fiscal year.
(g) The salary schedule for licensed employees and nonlicensed
teachers in the current school year and a statement of whether salary
negotiations for the current school year have been completed. If salary
negotiations have not been completed at the time the salary schedule is
submitted, the governing body shall submit a supplemental report to the
Superintendent of Public Instruction upon completion of negotiations.
(h) The number of employees eligible for health insurance within
the charter school for the current and preceding fiscal years and the
amount paid for health insurance for each such employee during those
years.
(i) The rates for fringe benefits, excluding health insurance, paid
by the charter school for its licensed employees in the preceding and
current fiscal years.
(j) The amount paid for extra duties, supervision of
extracurricular activities and supplemental pay, and the number of
employees receiving that pay in the preceding and current fiscal years.
2. On or before November 25 of each year, the Superintendent of
Public Instruction shall submit to the Department of Administration and
the Fiscal Analysis Division of the Legislative Counsel Bureau, in a
format approved by the Director of the Department of Administration, a
compilation of the reports made by each governing body pursuant to
subsection 1.
3. The Superintendent of Public Instruction shall, in the
compilation required by subsection 2, reconcile the revenues and
expenditures of the charter schools with the apportionment received by
those schools from the State Distributive School Account for the
preceding year.
(Added to NRS by 1997, 1855)
1. On or before July 15 of each year, the governing body of a
charter school that is sponsored by the board of trustees of a school
district shall submit the information concerning the charter school that
is required pursuant to subsection 2 of NRS 385.347 to the board of trustees that sponsors the
charter school for inclusion in the report of the school district
pursuant to that section. The information must be submitted by the
charter school in a format prescribed by the board of trustees.
2. The Legislative Bureau of Educational Accountability and
Program Evaluation created pursuant to NRS 218.5356 may authorize a person or entity with whom it
contracts pursuant to NRS 385.359 to
review and analyze information submitted by charter schools pursuant to
this section and NRS 385.357 , consult
with the governing bodies of charter schools and submit written reports
concerning charter schools pursuant to NRS 385.359 .
(Added to NRS by 1997, 1847; A 1999, 2664 , 3305 ; 2001, 1482 , 3140 ; 2003, 19th Special Session, 46 ; 2005, 1174 , 2409 , 2545 )
1. On or before August 15 of each year, if the board of trustees
of a school district sponsors a charter school, the board of trustees
shall submit a written report to the State Board. The written report must
include:
(a) An evaluation of the progress of each charter school sponsored
by the board of trustees in achieving its educational goals and
objectives.
(b) A description of all administrative support and services
provided by the school district to the charter school.
2. The governing body of a charter school shall, after 3 years of
operation under its initial charter, submit a written report to the
sponsor of the charter school. The written report must include a
description of the progress of the charter school in achieving its
educational goals and objectives. If the charter school submits an
application for renewal in accordance with the regulations of the
Department, the sponsor may renew the written charter of the school
pursuant to subsection 2 of NRS 386.530 .
(Added to NRS by 1997, 1847; A 2001, 3141 ; 2005, 2410 , 2546 )
AUTOMATED SYSTEM OF ACCOUNTABILITY INFORMATION FOR NEVADA
1. The Department shall establish and maintain an automated system
of accountability information for Nevada. The system must:
(a) Have the capacity to provide and report information, including,
without limitation, the results of the achievement of pupils:
(1) In the manner required by 20 U.S.C. §§ 6301 et seq., and
the regulations adopted pursuant thereto, and NRS 385.3469 and 385.347 ; and
(2) In a separate reporting for each subgroup of pupils
identified in paragraph (b) of subsection 1 of NRS 385.361 ;
(b) Include a system of unique identification for each pupil:
(1) To ensure that individual pupils may be tracked over
time throughout this State; and
(2) That, to the extent practicable, may be used for
purposes of identifying a pupil for both the public schools and the
Nevada System of Higher Education, if that pupil enrolls in the System
after graduation from high school;
(c) Have the capacity to provide longitudinal comparisons of the
academic achievement, rate of attendance and rate of graduation of pupils
over time throughout this State;
(d) Have the capacity to perform a variety of longitudinal analyses
of the results of individual pupils on assessments, including, without
limitation, the results of pupils by classroom and by school;
(e) Have the capacity to identify which teachers are assigned to
individual pupils and which paraprofessionals, if any, are assigned to
provide services to individual pupils;
(f) Have the capacity to provide other information concerning
schools and school districts that is not linked to individual pupils,
including, without limitation, the designation of schools and school
districts pursuant to NRS 385.3623 and
385.377 , respectively, and an
identification of which schools, if any, are persistently dangerous;
(g) Have the capacity to access financial accountability
information for each public school, including, without limitation, each
charter school, for each school district and for this State as a whole;
and
(h) Be designed to improve the ability of the Department, school
districts and the public schools in this State, including, without
limitation, charter schools, to account for the pupils who are enrolled
in the public schools, including, without limitation, charter schools.
Ê The information maintained pursuant to paragraphs (c), (d) and (e) must
be used for the purpose of improving the achievement of pupils and
improving classroom instruction but must not be used for the purpose of
evaluating an individual teacher or paraprofessional.
2. The board of trustees of each school district shall:
(a) Adopt and maintain the program prescribed by the Superintendent
of Public Instruction pursuant to subsection 3 for the collection,
maintenance and transfer of data from the records of individual pupils to
the automated system of information, including, without limitation, the
development of plans for the educational technology which is necessary to
adopt and maintain the program;
(b) Provide to the Department electronic data concerning pupils as
required by the Superintendent of Public Instruction pursuant to
subsection 3; and
(c) Ensure that an electronic record is maintained in accordance
with subsection 3 of NRS 386.655 .
3. The Superintendent of Public Instruction shall:
(a) Prescribe a uniform program throughout this State for the
collection, maintenance and transfer of data that each school district
must adopt, which must include standardized software;
(b) Prescribe the data to be collected and reported to the
Department by each school district and each sponsor of a charter school
pursuant to subsection 2;
(c) Prescribe the format for the data;
(d) Prescribe the date by which each school district shall report
the data;
(e) Prescribe the date by which each charter school shall report
the data to the sponsor of the charter school;
(f) Prescribe standardized codes for all data elements used within
the automated system and all exchanges of data within the automated
system, including, without limitation, data concerning:
(1) Individual pupils;
(2) Individual teachers and paraprofessionals;
(3) Individual schools and school districts; and
(4) Programs and financial information;
(g) Provide technical assistance to each school district to ensure
that the data from each public school in the school district, including,
without limitation, each charter school located within the school
district, is compatible with the automated system of information and
comparable to the data reported by other school districts; and
(h) Provide for the analysis and reporting of the data in the
automated system of information.
4. The Department shall establish, to the extent authorized by the
Family Educational Rights and Privacy Act of 1974, 20 U.S.C. § 1232g, and
any regulations adopted pursuant thereto, a mechanism by which persons or
entities, including, without limitation, state officers who are members
of the Executive or Legislative Branch, administrators of public schools
and school districts, teachers and other educational personnel, and
parents and guardians, will have different types of access to the
accountability information contained within the automated system to the
extent that such information is necessary for the performance of a duty
or to the extent that such information may be made available to the
general public without posing a threat to the confidentiality of an
individual pupil.
5. The Department may, to the extent authorized by the Family
Educational Rights and Privacy Act of 1974, 20 U.S.C. § 1232g, and any
regulations adopted pursuant thereto, enter into an agreement with the
Nevada System of Higher Education to provide access to data contained
within the automated system for research purposes.
(Added to NRS by 1997, 1227; A 2001, 3141 ; 2003, 19th Special Session, 47 ; 2005, 1174 , 2410 , 2546 )
1. The Department, the school districts and the public schools,
including, without limitation, charter schools, shall, in operating the
automated system of information established pursuant to NRS 386.650
, comply with the provisions of:
(a) For all pupils, the Family Educational Rights and Privacy Act,
20 U.S.C. § 1232g, and any regulations adopted pursuant thereto; and
(b) For pupils with disabilities who are enrolled in programs of
special education, the provisions governing access to education records
and confidentiality of information prescribed in the Individuals with
Disabilities Education Act, 20 U.S.C. § 1417(c), and the regulations
adopted pursuant thereto.
2. Except as otherwise provided in 20 U.S.C. § 1232g(b) and any
other applicable federal law, a public school, including, without
limitation, a charter school, shall not release the education records of
a pupil to a person or an agency of a federal, state or local government
without the written consent of the parent or legal guardian of the pupil.
3. In addition to the record required pursuant to 20 U.S.C. §
1232g(b)(4)(A), each school district and each sponsor of a charter school
shall maintain within the automated system of information an electronic
record of all persons and agencies who have requested the education
record of a pupil or obtained access to the education record of a pupil,
or both, pursuant to 20 U.S.C. § 1232g. The electronic record must be
maintained and may only be disclosed in accordance with the provisions of
20 U.S.C. § 1232g. A charter school shall provide to the sponsor of the
charter school such information as is necessary for the sponsor to carry
out the provisions of this subsection.
4. The right accorded to a parent or legal guardian of a pupil
pursuant to subsection 2 devolves upon the pupil on the date on which he
attains the age of 18 years.
5. As used in this section, unless the context otherwise requires,
“education records” has the meaning ascribed to it in 20 U.S.C. §
1232g(a)(4).
(Added to NRS by 1997, 1228; A 2001, 3142 ; 2003, 19th Special Session, 49 ; 2005, 1176 , 2412 , 2548 )
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