AB 49 — Makes various changes relating to charter schools. (BDR 34-255)

For the purpose of this section, an amendment to a written charter or charter contract which consolidates two or more charter schools, the restart of a charter school pursuant to NRS 388A.300 and the reconstitution of the governing body of a charter school pursuant to NRS 388A.330 do not constitute the - *AB49_R2* – 6 – assignment, transfer or delegation of a written charter or charter contract.

Except as otherwise provided in subsection 2, any information that is provided to the sponsor of the charter school - 79th Session (2017) – 6 – by a charter management organization, a committee to form a charter school or a charter school is a public record that is subject to the provisions of chapter 239 of NRS.

A charter school must designate any information contained in a submission by the charter school to the sponsor of the charter school that is intended to remain confidential and of request for the sponsor to declare such information confidential.

Except as otherwise provided by federal law, a parent or legal guardian of a pupil enrolled in a charter school, a pupil who is at least 18 years of age enrolled in a charter school, a member of the governing body of a charter school or an employee of a charter school may file a written complaint relating to that charter school with the State Public Charter School Authority which alleges a violation of the provisions of this chapter, the written charter or charter contract of the charter school or any other provision of law or regulation relating to the managementman2.emUpon orreceipt operationof a complaint filed pursuant to subsection 1, the State Public Charter School Authority shall investigate the allegations contained within the complaint, conduct a review to determine whether the charter school has complied with the provisions of this chapter, the written charter school.or charter contract and respond in writing to the complaining party within 30 days after receipt of the complaint.

2.

Upon receipt of a complaint filed pursuant to subsection 1, the State Public Charter School Authority shall investigate the allegations contained within the complaint, conduct a review to determine whether the charter school has complied with the provisions of this chapter, the written charter or charter contract and respond in writing to the complaining party within 30 days after receipt of the complaint.

A parent or legal guardian of a pupil enrolled in a charter school, a pupil who is at least 18 years of age enrolled in - *AB49_R2* – 7 – a charter school, a member of the governing body of a charter school or an employee of a charter school who has evidence that a - 79th Session (2017) – 7 – charter school has violated any state or federal law or regulation relating to special education or pupils who are limited English proficient may file a complaint relating to that charter school directly with the Department and notify the State Public Charter complaint and notify the State Public Charter School Authority inof writing.its findings.

The Department shall investigate the complaint and notify the State Public Charter School Authority of its findings.

A parent or legal guardian of a pupil enrolled in a charter school, a pupil who is at least 18 years of age enrolled in a charter school, a member of the governing body of a chartercharterolled in school or an employee of a charter school may file a complaint relating to that charter school directly with the State Public Charter School Authority if the person has evidence that the charter school has:

- *AB49_R2*79th Session (2017) – 8 – (d) Committed fraud, financial mismanagement or financial malfeasance;

or (e) Committed academic dishonesty, including, without limitation, engaging in a policy or practice that has the intent or effect of inappropriately increasing the graduation rate or inappropriately increasing performance on assessments mandated by this State or the State Public Charter School Authority.

If the court confirms that a violation has occurred, the court may order the charter school to reimburse the State Public Charter School Authority for all or part of the actual costs of its investigation in an amount the court determines to be reasonablesuch underan order must reimburse the circumstances.State Public Charter School to Authority within 30 days after issuance of the order.

A charter school subject to such an order must reimburse the State Public Charter School Authority within 30 days after issuance of the order.

- 79th Session (2017) – 9 – 4.

If the State Public Charter School Authority determines that the charter school or an employee of the charter school has - *AB49_R2* – 9 – violated any provision of this chapter or another statute or regulation applicable to charter schools or has materially breached the terms and conditions of the written charter or charter contract of the charter school, the State Public Charter School Authority may:

Such a policy may allow for a complaint to be delegated to the staff of the charter school or an educational management organization if the policy allows a complaining party who does not believe the staff of the charter school or educational management organization has adequately addressed a complaint to submit the complaint to the governing body of the charter school for its investigation and response.

body of the charter school for its investigation and Sec.

(a) A request to amend a written charter or charter contract described in subsection 1 also include such changes to the academic program, organizational plan and financial model of the charter school as the sponsor of the charter school determines are - 79th Session (2017) – 10 – necessary for a charter school rated using the alternative performance framework;

and (b) A charter school which submits a request to amend a written charter or charter contract described in subsection 1 - *AB49_R2* – 10 – perform such actions as the sponsor of the charter school determines to be necessary to successfully transition to being rated using the alternative performance framework.

(a) Except as otherwise provided in paragraph (b), the proposed sponsor of the charter school will submit an application to the State Board on behalf of the charter school for the charter school to be rated using the alternative performance framework within 2 years after the charter school commences operation;

- 79th Session (2017) – 11 – Sec.

(a) The Department reports that the graduation rate of the charter school for that school year was less than 67 percent;

- *AB49_R2* – 11 – (b) The Department reports that the charter school was rated in the lowest 5 percent of public schools in the State pursuant to the statewide system of accountability for public schools;

(1) Relocation of the charter school to a location more than 1 mile from its current location;

or (f) The sponsor of the charter school revokes the written cha2.er Within 10 days after a charter orschool terminatesprovides all notices required by subsection 1, the charter contractschool shall certify compliance with that subsection to the sponsor of the charter school.

2.

Within 10 days after a charter school provides all notices required by subsection 1, the charter school shall certify compliance with that subsection to the sponsor of the charter school.

- 79th Session (2017) – 12 – Sec.

A charter school that has received, within the immediately preceding 2 consecutive school years, one of the three highest ratings of performance pursuant to the statewide system of accountability for public schools may request that its sponsor submit a request to the Commission on Professional Standards in Education for an expedited review of an application to become a qualified provider of an alternative route to licensure pursuant to - *AB49_R2* – 12 – subparagraph (1) of paragraph (a) of subsection 1 of NRS 391.019.

A charter management organization which operates a charter school that has received, within the immediately preceding 2 consecutive school years, one of the three highest ratings of performance pursuant to the statewide system of accountability for public schools, or equivalent ratings in another state, as determined by the Department, and which intends to form a new charter school in this State may request that its proposed sponsor submit a request to the Commission on Professional Standards in Education for an expedited review of an application to become a qualified provider of an alternative route to licensure pursuant to subparagraph (1) of paragraph (a) of subsection 1 of NRS 391.019.

4.include in a request made pursuant to subsection 1 or 2 a request for the Commission on Professional Standards in Education to waive any requirement which may apply to a program for an alternative route to licensure that is not prescribed by NRS 391.019.

A charter school or charter management organization may include in a request made pursuant to subsection 1 or 2 a request for the Commission on Professional Standards in Education to waive any requirement which may apply to a program for an alternative route to licensure that is not prescribed by NRS 391.019.

Upon receipt of the written request of a sponsor of a charter school or a proposed sponsor of a charter management organization for an expedited review submitted pursuant to subsection 3 and an application to become a qualified provider, the Commission on Professional Standards in Education shall - 79th Session (2017) – 13 – review the application to become a qualified provider and approve or deny the application within 45 days after receipt of the application and the written request.

If the request for an expedited review includes a request for a waiver pursuant to subsection 4, the Commission on Professional Standards in Education shall waive any requirement which may apply to a program for ananll alternative route to licensure that is not prescribed by NRS 391.019.

- *AB49_R2* – 13 – Sec.

If an experimental academic program or new school model established pursuant to subsection 1 receives one of the three highest ratings of performance pursuant to the statewide system of accountability for public schools, the governing body of thethetem of charter school in which the program or model is established may:

- 79th Session (2017) – 14 – 4.

Before a charter school formed pursuant to this section enrolls any pupil who is eligible for enrollment pursuant to NRS 388A.453 and 388A.456, the charter school may enroll a child who was enrolled in the experimental academic program or new schoolschSec. model before the charter school was formed.

Sec.

1.1.ore A charter school is deemed to be a political subdivision of this State for the purposes of 43 U.S.C.

A charter school is deemed to be a political subdivision of this State for the purposes of 43 U.S.C.

- *AB49_R2* – 14 – 2.

If a charter school selected pursuant to subsection 1 is eligible to receive special education program units, the Departmentto shallthe paycharter theschool.he special education program units directly to4. the charter school.

4.

and - 79th Session (2017) – 15 – 3.

If the State Board has approved an application by a charter school to be rated using the alternative performance framework prescribed by the State Board pursuant to NRS 385A.730, apply the alternative performance framework to evaluate the performanceperSec. of the charter school.

Sec.

NRSofNRS 388A.150 is hereby amended to read as follows:

- *AB49_R2* – 15 – [1.] (a) Authorize charter schools of high-quality throughout this State with the goal of expanding the opportunities for pupils in this State, including, without limitation, pupils who are at risk.

(a) Two members appointed by the Governor in accordance with sub(b) Two members, who must not be Legislators, appointed by the Majority Leader of the Senate in accordance with subsection 2;

(b) Two members, who must not be Legislators, appointed by the Majority Leader of the Senate in accordance with subsection 2;

- 79th Session (2017) – 16 – (c) Includes persons with specific knowledge of:

(4) Assessments required in elementary and secondary education;

Assessments required in elementary and secondary (5) Educational technology;

and - *AB49_R2* – 16 – (e) Insofar as practicable, consists of persons who are experts on best practices for authorizing charter schools and developing and operating high-quality charter schools and charter management organizations.

For a teacher or administrator employed by a charter school or charter management organization to be eligible to serve as a member of the State Public Charter School Authority, the charter school or charter management organization whichwhichy, the employs the teacher or administrator must not have ever received an annual rating established as one of the three lowest ratings of performance pursuant to the statewide system of accountability for public schools.

- 79th Session (2017) – 17 – [5.] 7.

After the initial selection of those officers, each of those officers holds the position for a term of 2 years commencing on Julyor 1Vice Chair, the vacancy must be filled in the same manner as the original selection for the remainder of eachthe odd-numberedunexpired year.term.

If a vacancy occurs in the Chair or Vice Chair, the vacancy must be filled in the same manner as the original selection for the remainder of the unexpired term.

and - *AB49_R2* – 17 – (b) For each day or portion of a day during which he or she attends a meeting of the State Public Charter School Authority or is otherwise engaged in the business of the State Public Charter School Authority the per diem allowance and travel expenses provided for state officers and employees generally.

A college or university within the Nevada System of Higher Education that sponsors a charter school shall enter into an agreement with the State Public Charter School Authority for the provision of any necessary functions of a local educational authority.

The State Public Charter School Authority shall ensure that the Executive Director has a demonstrated understanding of charter schools and a commitment to - 79th Session (2017) – 18 – using charter schools as a way to strengthen public education in this State.

A vacancy in the position of Executive Director must be filled by the State Public Charter School Authority for the remainder of the3.e unexpireduThe term.Executive Director is] :

3.

The Executive Director is] :

and - *AB49_R2* – 18 – (b) Possess a demonstrated understanding of charter schools and a commitment to using charter schools to strengthen public education in this State.

Sec.Secs.

17.17 and 18.

18.

(Deleted by amendment.) Sec.

(c) Declining to approve applications to form charter schools thattha(d) doNegotiating not, satisfydeveloping theand requirementsexecuting ofcharter contracts pursuant to NRS 388A.249;388A.270;

(d) Negotiating , developing and executing charter contracts pursuant to NRS 388A.270;

and - 79th Session (2017) – 19 – (h) Adopting a policy for appointing a new governing body of a charter school for which the governing body is reconstituted in accordance with NRS 388A.330.

Each sponsor of a charter school shall develop policies and practices that are consistent with state laws and regulations governing charter schools.

- *AB49_R2* – 19 – (1) Specific application procedures and timelines for committees to form a charter school that plan to enter into a contract with an educational management organization to operate the charter school, committees to form a charter school that do not plan to enter into such a contract and charter management organizations;

(d) The procedure for amending a written charter or charter contract and the criteria for determining whether a request for such an amendment will be approved which must include, without limitation, any manner in which such procedures and criteria will differ if the sponsor determines that the amendment is material or strategically important;

- 79th Session (2017) – 20 – (1) An assessment of the needs of the charter schools that are sponsored by the sponsor that is prepared with the input of the governing bodies of such charter schools;

and (2) A strategic plan for the oversight and provision of technical support to charter schools that are sponsored by the sponsor in the areas of academic, fiscal and organizationalorganizationalthe performance;

- *AB49_R2* – 20 – Sec.

(d) Establishing accountability and transparency of public sch(e) Providing a method for public schools to measure achievement based upon the performance of the schools;

(e) Providing a method for public schools to measure achievement based upon the performance of the schools;

- 79th Session (2017) – 21 – 4.

A resume and background information for each person who serves on the board of the charter management organization or the committee to form a charter school, as applicable, which must include the name, telephone number, electronic mail address, background, qualifications, any past or current affiliation with any charter school in this State or any other state, any potential conflicts of interest and any other information required by the sponsor.

The procedure for applying for enrollment in the proposed charter school, which must include, without limitation, the proposed dates for accepting applications for enrollment in each year of operation under the proposed charter contract and a statement of whether the charter school will enroll pupils who are in a particular - *AB49_R2* – 21 – category of at-risk pupils before enrolling other children who are eligible to attend the charter school pursuant to NRS 388A.456 and the method for determining eligibility for enrollment in each such category of at-risk pupils served by the charter school.

A description of the proposed instructional design of the charter school and the type of learning environment the charter school will provide, including, without limitation, whether the charter school will provide a program of distance education, the planned class size and structure, the proposed curriculum for the charter school and the teaching methods that will be used at the charter school.

- 79th Session (2017) – 22 – 13.

The rules of behavior and punishments that the charter school plans to adopt pursuant to NRS 388A.495, including, without limitation, any unique discipline policies for pupils enrolled in a program of special education.

- *AB49_R2* – 22 – 16.

Plans for recruiting administrators, teachers and other staff, providingpro20.ingProposed professionalbylaws developmentfor the governing body, a description of the manner in which the charter school will be governed, including, without limitation, any governance training that will be provided to suchthe staff.governing body, and a code of ethics for members and employees of the governing body.

20.

Proposed bylaws for the governing body, a description of the manner in which the charter school will be governed, including, without limitation, any governance training that will be provided to the governing body, and a code of ethics for members and employees of the governing body.

If the charter school will not provide transportation, the application must - 79th Session (2017) – 23 – 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.

23.school, if different from the procedure prescribed in NRS 391.680ter and 391.725.

The procedure for the evaluation of teachers of the charter school, if different from the procedure prescribed in NRS 391.680 and 391.725.

- *AB49_R2* – 23 – 25.

A detailed plan for starting operation of the charter school that identifies necessary tasks, the persons responsible for performing them and the dates by which such tasks will be accomplished.acc27.lisA description of the financial plan and policies to be used by the charter school.

27.

A description of the financial plan and policies to be used by the charter school.

- 79th Session (2017) – 24 – 32.

If the charter school will provide a program of distance education, a description of the system of course credits that the charter school will use and the manner in which the charter school will:

- *AB49_R2* – 24 – (b) The roles and responsibilities of the governing body of the charter school, the employees of the charter school and the college or university;

(d) The manner and amount that the college or university will be compensated for providing such services and resources, including, without limitation, any tuition and fees that pupils at the charter school will pay to the college or university;

- 79th Session (2017) – 25 – (a) Evidence of the performance of the educational management organization or other person when providing such services to a population of pupils similar to the population that will be served by the proposed charter school;

(b)(b)(1) AThe termproposed sheetduration thatof setsthe forth:proposed contract between the governing body of the charter school and the educational management organization;

(1) The proposed duration of the proposed contract between the governing body of the charter school and the educational management organization;

and (c) A disclosure of any conflicts of interest concerning the applicant and the educational management organization or other - *AB49_R2* – 25 – person, including, without limitation, any past or current employment, business or familial relationship between any prospective employee of the charter school and a member of the committee to form a charter school or the board of directors of the cha37.r mAny additional information that the sponsor determines is necessary to evaluate the ability of the proposed charter managementschool organization,to asserve applicable.pupils in the school district in which the proposed charter school will be located.

37.

Any additional information that the sponsor determines is necessary to evaluate the ability of the proposed charter school to serve pupils in the school district in which the proposed charter school will be located.

- 79th Session (2017) – 26 – (a) Assemble a team of reviewers, which may include, without limitation, natural persons from different geographic areas of the United States who possess the appropriate knowledge and expertise with regard to the academic, financial and organizational experience of charter(b) schools,Conduct a thorough evaluation of the application, which includes an in-person interview with the applicant designed to reviewelicit any necessary clarifications or additional information about the proposed charter school and evaluatedetermine the application;ability of the applicants to establish a high-quality charter school;

(b) Conduct a thorough evaluation of the application, which includes an in-person interview with the applicant designed to elicit any necessary clarifications or additional information about the proposed charter school and determine the ability of the applicants to establish a high-quality charter school;

- *AB49_R2* – 26 – 4.

The identity of each member of the team of reviewers assembled by a proposed sponsor of a charter school is confidential for 5 years after the review of an application to form a charter school is complete and must not be disclosed unless to form a ordered by a district court in an action brought pursuant to subsection 3 of NRS 388A.255.

and - 79th Session (2017) – 27 – (d) If the application was denied, the reasons for the denial.

If the proposed sponsor of a charter school approves an application to form a charter school, it shall, before June 11, 2013, grant a written charter to the governing body of the charter school or, on or after June 11, 2013, negotiate , develop and execute a charter contract with the governing body of the charter school.

or - *AB49_R2* – 27 – (c) If a college or university within the Nevada System of Higher Education is the sponsor of the charter school, the president of the college or university.

- 79th Session (2017) – 28 – 6.

(b) Neither the State of Nevada, the State Board, the State Public Charter School Authority 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.

(a)(a)(1) TheCommitted chartera school,material itsbreach officersof the terms and conditions of the written charter or itscharter employees:contract;

- *AB49_R2* – 28 – (1) Committed a material breach of the terms and conditions of the written charter or charter contract;

- 79th Session (2017) – 29 – (c) There is reasonable cause to believe that reconstitution, revocation or termination 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;

(f) The charter school [is] operates an elementary or middle school or junior high school that is rated in the lowest 5 percent of elementary schools, middle schools or junior high schools in the State in pupil achievement and school performance, as determined by the Department pursuant to the statewide system of accountability for public schools;

orortewide system of (g) Pupil achievement and school performance at the charter school is unsatisfactory as determined by the Department pursuant to criteria prescribed by regulation by the Department to measure the performance of any public school [.] pursuant to the statewide system of accountability for public schools.

- *AB49_R2* – 29 – (a) Include a statement of the deficiencies or reasons upon which the action of the sponsor is based;

(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 - 79th Session (2017) – 30 – (d) Prescribe the date on which the sponsor will hold a public hearing to consider whether to reconstitute the governing body, revoke the written charter or terminate the charter contract.

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 2, the regarding whether to reconstitute the governing body, revoke the written charter or terminate the charter contract.

If the governing body of a charter school is reconstituted, the written charter is revoked or the charter contract is terminated, the sponsor of the charter school shall submit a written report to the Department and the governing body of the charter school setting forth the reasons for the reconstitution, revocation or termination, as applicable, not later than 10 days after reconstituting the governing body, revoking the written charter or terminating the charter contract.con6.actThe governing body of a charter school may not be reconstituted if it has been previously reconstituted.

6.

The governing body of a charter school may not be reconstituted if it has been previously reconstituted.

If the sponsor of a charter school determines that not all of the grade levels in the charter school meet the criteria described in paragraphs (a) to (g), inclusive, of subsection 1 and that the - *AB49_R2* – 30 – charter school can remain financially viable if the charter school continues to operate and serve only the grade levels which do not meet the criteria described in those paragraphs, the sponsor may amend the written charter or charter contract, as applicable, to eliminate the grade levels that meet the criteria described in paragraphs (a) to (g), inclusive, of subsection 1 and limit the enrollment in all other grade levels in the charter school.

- 79th Session (2017) – 31 – Sec.

Except as otherwise provided in subsection 6, the sponsor of a charter school may reconstitute the governing body of a charter school, revoke a written charter or terminate a charter contractcontractr before the expiration of the charter if the sponsor determines that:

(d) The committee to form the charter school or charter management organization, as applicable, or any member of the committee to form the charter school or charter management organization, as applicable, or the governing body of the charter school has at any time made a material misrepresentation or omission concerning any information disclosed to the sponsor;

- *AB49_R2* – 31 – (f) The charter school operates an elementary or middle school or junior high school that is rated in the lowest 5 percent of elementary schools, middle schools or junior high schools in the State in pupil achievement and school performance, as determined by the Department pursuant to the statewide system of accountability for public schools;

or - 79th Session (2017) – 32 – (g) Pupil achievement and school performance at the charter school is unsatisfactory as determined by the Department pursuant to criteria prescribed by regulation by the Department to measure the performance of any public school pursuant to the statewide systemsys2.m oBefore the sponsor reconstitutes a governing body, revokes a written charter or terminates a charter contract, the sponsor shall provide written notice of accountabilityits forintention publicto schools.the governing body of the charter school.

2.

Before the sponsor reconstitutes a governing body, revokes a written charter or terminates a charter contract, the sponsor shall provide written notice of its intention to the governing body of the charter school.

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 reconstitute the governing body, revoke the written charter or terminate the charter contract.

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 the not reconstitute the governing body, revoke the written charter or terminate the charter contract of the charter school.

- *AB49_R2* – 32 – 4.

If the governing body of a charter school is reconstituted, the written charter is revoked or the charter contract is terminated, - 79th Session (2017) – 33 – the sponsor of the charter school shall submit a written report to the Department and the governing body of the charter school setting forth the reasons for the reconstitution, revocation or termination, as applicable, not later than 10 days after reconstituting the governing body,contract.oking revoking the written charter or terminating the charter contract.6.

6.

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 - *AB49_R2* – 33 – school is located before enrolling pupils who reside outside the school district.

Except as otherwise provided in subsections 1 and 2 of NRS 388A.456, if more pupils who are eligible for enrollment apply for - 79th Session (2017) – 34 – enrollment in the charter school than the number of spaces which are available, the charter school shall determine which applicants to enroll pursuant to subsections 1 to 4, inclusive, on the basis of a lottery system.

6.school shall not accept applications for enrollment in the charter school or otherwise discriminate based on the:

Except as otherwise provided in subsection 9, a charter school shall not accept applications for enrollment in the charter school or otherwise discriminate based on the:

(b) Who pose such severe disciplinary problems that they warrant a specific educational program, including, withoutwithouty limitation, a charter school specifically designed to serve a single gender that emphasizes personal responsibility and rehabilitation;

or (c) Who are at risk [.] or, for a charter school that is eligible to be rated using the alternative performance framework pursuant to subsection 4 of NRS 385A.740, who are described in subparagraphs (1) to (6), inclusive, of paragraph (a) of subsection 3 of NRS 385A.740.

- *AB49_R2*79th Session (2017) – 3435 – Sec.

Before a charter school enrolls pupils who are eligible for enrollment pursuant to NRS 388A.453, a charter school maymay(a) enrollIs a childsibling who:of a pupil who is currently enrolled in the charter school.

(a) Is a sibling of a pupil who is currently enrolled in the charter school.

[(e)] (f) At the time his or her application is submitted, is enrolled in a public school of a school district with an enrollment that is more than 25 percent over the public school’s intended capacity, as reported on the list maintained by the school district pursuant to subsection 4.

If a charter school enrolls pupils who are enrolled in such a public school before enrolling other pupils who are eligible for enrollment, - 79th Session (2017) – 36 – the charter school must enroll such pupils who reside within 2 miles of the charter school before enrolling other such pupils.

- *AB49_R2* – 35 – [(g)] (h) 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.

Sec.388A.518 N1.

26.38Except as otherwise provided in this subsection, at least 70 percent of the teachers who provide instruction at a charter school must be highly qualified.

NRS 388A.518 is hereby amended to read as follows:

388A.518 1.

Except as otherwise provided in this subsection, at least 70 percent of the teachers who provide instruction at a charter school must be highly qualified.

(b) The construction industry or other building industry, teachers at the school who are employed full-time must [be highly qualified] hold a license issued by the Superintendent of Public - 79th Session (2017) – 37 – Instruction which contains an endorsement to teach courses of study relating to [the] business and industry .

- *AB49_R2* – 36 – (c) The construction industry or other building industry and the school offers courses of study in computer education, technology or business, teachers must be highly qualified to teach those courses of study if those teachers are employed full-time.] 3.

Except as otherwise provided in NRS 388A.515, a charter school may employ a person who is not highly qualified to teach a coursequalified ofif studythe forperson whichhas:teacher a teacher is not required to be highly qualified(a) ifA degree, a license or a certificate in the field for which the person has:is employed to teach at the charter school;

(a) A degree, a license or a certificate in the field for which the person is employed to teach at the charter school;

- 79th Session (2017) – 38 – (1) Meets the qualifications prescribed in 20 U.S.C.

(b) If employed by a charter school that has received, within the immediately preceding 2 consecutive school years, one of the three - *AB49_R2* – 37 – highest ratings of performance pursuant to the statewide system of accountability for public schools, or equivalent ratings in another state, as determined by the Department, if the teacher [meets the qualifications prescribed in 20 U.S.C.

or (b) Enter into an agreement with a qualified provider of an alternative route to licensure to provide the required education and training to unlicensed teachers who are employed by the school to teachteaSecs. such a course of study.

Sec.27 and 28.

27.of(Deleted by amendment.) Sec.

(Deleted by amendment.) Sec.

28.

(Deleted by amendment.) Sec.

Except as otherwise provided in this section and NRS 1.4683, 1.4687, 1A.110, 41.071, 49.095, 62D.420, 62D.440, 62E.516, 62E.620, 62H.025, 62H.030, 62H.170, 62H.220, 62H.320, 75A.100, 75A.150, 76.160, 78.152, 80.113, 81.850, 82.183, 86.246, 86.54615, 87.515, 87.5413, 87A.200, 87A.580, 87A.640, 88.3355, 88.5927, 88.6067, 88A.345, 88A.7345, 89.045, 89.251, 90.730, 91.160, 116.757, 116A.270, 116B.880, 118B.026, 119.260, 119.265, 119.267, 119.280, 119A.280, 119A.653, 119B.370, 119B.382, 120A.690, 125.130, 125B.140, 126.141, 126.161, 126.163, 126.730, 127.007, 127.057, 127.130, 127.140, 127.2817, 130.312, 130.712, 136.050, 159.044, 172.075, 172.245, 176.015, 176.0625, 176.09129, 176.156, 176A.630, 178.39801, 178.4715, - 79th Session (2017) – 39 – 178.5691, 179.495, 179A.070, 179A.165, 179A.450, 179D.160, 200.3771, 200.3772, 200.5095, 200.604, 202.3662, 205.4651, 209.392, 209.3925, 209.419, 209.521, 211A.140, 213.010, 213.040, 213.095, 213.131, 217.105, 217.110, 217.464, 217.475, 218A.350, 218E.625, 218F.150, 218G.130, 218G.240, 218G.350, 228.270, 228.450, 228.495, 228.570, 231.069, 231.1473, 233.190, 237.300, - *AB49_R2* – 38 – 239.0105, 239.0113, 239B.030, 239B.040, 239B.050, 239C.140, 239C.210, 239C.230, 239C.250, 239C.270, 240.007, 241.020, 241.030, 241.039, 242.105, 244.264, 244.335, 250.087, 250.130, 250.140, 250.150, 268.095, 268.490, 268.910, 271A.105, 281.195, 281A.350, 281A.440, 281A.550, 284.4068, 286.110, 287.0438, 289.025, 289.080, 289.387, 289.830, 293.5002, 293.503, 293.558, 293B.135, 293D.510, 331.110, 332.061, 332.351, 333.333, 333.335, 338.070, 338.1379, 338.16925, 338.1725, 338.1727, 348.420, 349.597, 349.775, 353.205, 353A.049, 353A.085, 353A.100, 353C.240, 360.240, 360.247, 360.255, 360.755, 361.044, 361.610, 365.138, 366.160, 368A.180, 372A.080, 378.290, 378.300, 379.008, 385A.830, 385B.100, 387.626, 387.631, 388.1455, 388.259, 388.501, 388.503, 388.513, 388.750, 388A.249, 391.035, 392.029, 392.147, 392.264, 392.271, 392.850, 394.167, 394.1698, 394.447, 394.460, 394.465, 396.3295, 396.405, 396.525, 396.535, 398.403, 408.3885, 408.3886, 408.3888, 408.5484, 412.153, 416.070, 422.2749, 422.305, 422A.342, 422A.350, 425.400, 427A.1236, 427A.872, 432.205, 432B.175, 432B.280, 432B.290, 432B.407, 432B.430, 432B.560, 433.534, 433A.360, 439.840, 439B.420, 440.170, 441A.195, 441A.220, 441A.230, 442.330, 442.395, 445A.665, 445B.570, 449.209, 449.245, 449.720, 450.140, 453.164, 453.720, 453A.610, 453A.700, 458.055, 458.280, 459.050, 459.3866, 459.555, 459.7056, 459.846, 463.120, 463.15993, 463.240, 463.3403, 463.3407, 463.790, 467.1005, 480.365, 481.063, 482.170, 482.5536, 483.340, 483.363, 483.575, 483.659, 483.800, 484E.070, 485.316, 503.452, 522.040, 534A.031, 561.285, 571.160, 584.655, 587.877, 598.0964, 598.098, 598A.110, 599B.090, 603.070, 603A.210, 604A.710, 612.265, 616B.012, 616B.015, 616B.315, 616B.350, 618.341, 618.425, 622.310, 623.131, 623A.137, 624.110, 624.265, 624.327, 625.425, 625A.185, 628.418, 628B.230, 628B.760, 629.047, 629.069, 630.133, 630.30665, 630.336, 630A.555, 631.368, 632.121, 632.125, 632.405, 633.283, 633.301, 633.524, 634.055, 634.214, 634A.185, 635.158, 636.107, 637.085, 637B.288, 638.087, 638.089, 639.2485, 639.570, 640.075, 640A.220, 640B.730, 640C.400, 640C.745, 640C.760, 640D.190, 640E.340, 641.090, 641A.191, 641B.170, 641C.760, 642.524, 643.189, 644.446, 645.180, 645.625, 645A.050, 645A.082, - 79th Session (2017) – 40 – 645B.060, 645B.092, 645C.220, 645C.225, 645D.130, 645D.135, 645E.300, 645E.375, 645G.510, 645H.320, 645H.330, 647.0945, 647.0947, 648.033, 648.197, 649.065, 649.067, 652.228, 654.110, 656.105, 661.115, 665.130, 665.133, 669.275, 669.285, 669A.310, 671.170, 673.430, 675.380, 676A.340, 676A.370, 677.243, 679B.122, 679B.152, 679B.159, 679B.190, 679B.285, 679B.690,679B.690,7.243, 680A.270, 681A.440, 681B.260, 681B.410, 681B.540, 683A.0873, 685A.077, 686A.289, 686B.170, 686C.306, 687A.110, 687A.115, - *AB49_R2* – 39 – 687C.010, 688C.230, 688C.480, 688C.490, 692A.117, 692C.190, 692C.3536, 692C.3538, 692C.354, 692C.420, 693A.480, 693A.615, 696B.550, 703.196, 704B.320, 704B.325, 706.1725, 706A.230, 710.159, 711.600, and section 5 of this act, sections 35, 38 and 41 of chapter 478, Statutes of Nevada 2011 and section 2 of chapter 391, Statutes of Nevada 2013 and unless otherwise declared by law to be confidential, all public books and public records of a governmental entity must be open at all times during office hours to inspection by any person, and may be fully copied or an abstract or memorandum may be prepared from those public books and public records.

3.public book or record shall not deny a request made pursuant toof a subsection 1 to inspect or copy or receive a copy of a public book or record on the basis that the requested public book or record contains information that is confidential if the governmental entity can redact, delete, conceal or separate the confidential information from the information included in the public book or record that is not otherwise confidential.

A governmental entity that has legal custody or control of a public book or record shall not deny a request made pursuant to subsection 1 to inspect or copy or receive a copy of a public book or record on the basis that the requested public book or record contains information that is confidential if the governmental entity can redact, delete, conceal or separate the confidential information from the information included in the public book or record that is not otherwise confidential.

(a) Shall not refuse to provide a copy of that public record in a readily available medium because the officer, employee or agent has - 79th Session (2017) – 41 – already prepared or would prefer to provide the copy in a different medium.

(b) Except as otherwise provided in NRS 239.030, shall, upon request, prepare the copy of the public record and shall not require theor personherself.who who has requested the copy to prepare the copy himself orSec. herself.

Sec.

[A written charter issued by the sponsor of a charter school to the governing body of the charter school is - *AB49_R2* – 40 – not assignable or transferable and may not be delegated to a third party.

Upon receipt of a complaint filed pursuant to subsection 1, the State Public Charter School Authority shall investigate the allegations contained within the complaint, - 79th Session (2017) – 42 – conduct a review to determine whether the charter school has complied with the provisions of this chapter, the [written charter or] charter contract and respond in writing to the complaining party within 30 days after receipt of the complaint.person named in the complaint shall cooperate with the State Public Charter School Authority during such an investigation.

The staff of the charter school and any other person named in the complaint shall cooperate with the State Public Charter School Authority during such an investigation.

If the State Public Charter School Authority determines that external expertise is necessary to conduct an investigation of a complaint filed pursuant to sections 5.5 to - *AB49_R2* – 41 – 10, inclusive, of this act, the State Public Charter School Authority may select an investigator to conduct the investigation and make any appropriate determinations or recommendations to the State Public Charter School Authority.

A charter school subject to such an order must reimburse the State Public Charter School Authority within 30 days after issuance of the order.

- 79th Session (2017) – 43 – 4.

If the State Public Charter School Authority determines that the charter school or an employee of the charter school has violated any provision of this chapter or another statute or regulation applicable to charter schools or has materially breached the terms and conditions of the [written charter or] charter contract of the charter school, the State Public Charter School Authority may:

- *AB49_R2* – 42 – 5.

If a charter school wishes to be rated using the alternative performance framework prescribed by the State Board pursuant to NRS 385A.730, the governing body of the charter school may submit to the sponsor of the charter school a request to amend the [written charter or] charter contract [, as applicable,] of the charter school pursuant to NRS 388A.276 to include the mission statement and admissions policy required by subsection 4 of NRS 385A.740.

- 79th Session (2017) – 44 – 3.

The sponsor of a charter school shall evaluate a request to amend a [written charter or] charter contract described in subsection 1 by reviewing the academic, organizational and financial performance of the charter school.the charter school is unlikely to achieve academic,ines that organizational or financial success if the request to amend its [written charter or] charter contract is approved, the sponsor of the charter school must deny the request.

If the sponsor of the charter school determines that the charter school is unlikely to achieve academic, organizational or financial success if the request to amend its [written charter or] charter contract is approved, the sponsor of the charter school must deny the request.

- *AB49_R2* – 43 – 5.

(b) The proposed sponsor of the charter school will submit the application described in paragraph (a) only upon the successful completion by the charter school of such actions as the proposed sponsor of the charter school determines to be necessary to successfully transition to being rated using the alternative performance framework;

A charter school shall mail a written notification to the parent or legal guardian of each pupil enrolled in the charter school and post a notice prominently - 79th Session (2017) – 45 – on the Internet website of the charter school within 5 business days after:

(b) The Department reports that the charter school was rated in the lowest 5 percent of public schools in the State pursuant to the statewide system of accountability for public schools;

(d) The governing body of the charter school submits to the sponsor of the charter school a written request for an - *AB49_R2* – 44 – amendment of the [written charter or] charter contract of the charter school which would result in the:

or (f) The sponsor of the charter school [revokes the written charter or] terminates the charter contract of the charter sch2.l.Within 10 days after a charter school provides all notices required by subsection 1, the charter school shall certify compliance with that subsection to the sponsor of the charter school.

2.

Within 10 days after a charter school provides all notices required by subsection 1, the charter school shall certify compliance with that subsection to the sponsor of the charter school.

Within 30 days after a charter school provides the notice required by subsection 1 and on a date determined by the sponsor of the charter school, the charter school shall hold a public hearing to discuss a plan to correct any issue which - 79th Session (2017) – 46 – caused the issuance of such a notice and to solicit suggestions to improve the performance of the charter school.

Sec.that receives one of the three highest ratings of performance pursuant to the statewide system of accountability for public schools may submit a written request for the sponsor of the charter school to authorize the establishment of an experimental academic program or new school model in the charter school.

12.3.

1.

The governing body of a charter school that receives one of the three highest ratings of performance pursuant to the statewide system of accountability for public schools may submit a written request for the sponsor of the charter school to authorize the establishment of an experimental academic program or new school model in the charter school.

- *AB49_R2* – 45 – (c) Must not exceed 150 pupils during the third year in which the program or model is in operation.

(a) Submit to the sponsor of the charter school a written request for an amendment of the [written charter or] charter contract [, as applicable,] to divide the charter school into multiple charter schools operating under the same governing body;

- 79th Session (2017) – 47 – 4.

Before a charter school formed pursuant to this section enrolls any pupil who is eligible for enrollment pursuant to NRS 388A.453 and 388A.456, the charter school may enroll a child who was enrolled in the experimental academicschool programwas orformed.r new school model before the charter schoolSec. was formed.

Sec.

- *AB49_R2* – 46 – (b) Have performed poorly on the college and career readiness assessment administered pursuant to NRS 390.610;

3.academic plan for a pupil to allow the pupil to graduate with a standard high school diploma not later than 3 semesters after the date on which the pupil was otherwise scheduled to graduate.

An individual graduation plan must establish an academic plan for a pupil to allow the pupil to graduate with a standard high school diploma not later than 3 semesters after the date on which the pupil was otherwise scheduled to graduate.

- 79th Session (2017) – 48 – 4.

(b) The maximum score on the college and career readiness assessment administered pursuant to NRS 390.610 that a pupil may receive to be eligible for an individual graduation plan;

A pupil for whom an individual graduation plan has been established must be counted when calculating the graduation rates of pupils in the annual report of accountability for the school district or charter school in which the pupil is enrolled pursuant to NRS 385A.070 and the annual report of accountability prepared by the State Board pursuant to NRS 385A.400 for the year in which the pupil was scheduled to graduate until the pupil obtains a - *AB49_R2* – 47 – standard high school diploma and then must be counted for the appropriate year as determined by the Department pursuant to subsection 8.

A pupil for whom an individual graduation plan has been established must not be counted when calculating the graduation rates of pupils used to determine whether the sponsor of a charter school may take certain actions concerning the charter school pursuant to NRS 388A.330.

- 79th Session (2017) – 49 – (b) Fails to obtain a standard high school diploma within the time allowed by the individual graduation plan, the pupil must be counted as having failed to receive a standard high school diploma when calculating the graduation rates of pupils for the purpose of NRS 388A.330, if applicable, in the annual report of accountability for the school district ororthe charter school in which the pupil is enrolled pursuant to NRS 385A.070 and the annual report of accountability prepared by the State Board pursuant to NRS 385A.400 for the year in which the pupil was scheduled to graduate pursuant to his or her individual graduation plan.

- *AB49_R2* – 48 – (a) The] unless the charter school is carrying out an improvement plan approved by the sponsor of the charter school [;

or (b)(b)(1) TheOperates charteras school:a high school;

(1) Operates as a high school;

- 79th Session (2017) – 50 – Sec.

1.the governing body of each charter school that operates as aand high school and is in good standing with its sponsor may, adopt a policy to authorize the establishment of individual graduation plans for pupils enrolled in a high school within the school district or operated by the charter school, as applicable, who:

The board of trustees of each school district shall, and the governing body of each charter school that operates as a high school and is in good standing with its sponsor may, adopt a policy to authorize the establishment of individual graduation plans for pupils enrolled in a high school within the school district or operated by the charter school, as applicable, who:

The individual graduation plan must include any conditions to which a pupil must agree to comply to remain enrolledwithout limitation, any subjects that must be completed, the minimum number of units of credit in which the pupil must enroll each semester, the minimum grade point average that must be maintained by the pupil and any other conditions necessary to ensure that the pupil makes adequate progress to obtain a standard high school.school diploma within the time allowed.

Such conditions may include, without limitation, any subjects that must be completed, the minimum number of units of credit in which the pupil must enroll each semester, the minimum grade point average that - *AB49_R2* – 49 – must be maintained by the pupil and any other conditions necessary to ensure that the pupil makes adequate progress to obtain a standard high school diploma within the time allowed.

(b) The maximum score on the college and career readiness assessment administered pursuant to NRS 390.610 - 79th Session (2017) – 51 – that a pupil may receive to be eligible for an individual graduation plan;

5.the school district or charter school if the pupil is not making adequate progress as outlined in the individual graduation plan or for other good cause.

An individual graduation plan may be withdrawn by the school district or charter school if the pupil is not making adequate progress as outlined in the individual graduation plan or for other good cause.

(a) Obtains a standard high school diploma within the time allowed by the individual graduation plan, the pupil must be counted as having received a standard high school diploma when calculating the graduation rates of pupils for the purposes of NRS 388A.330, if applicable, in the annual report of accountability for the school district or charter school in which the pupil is enrolled pursuant to NRS 385A.070 and the annual report of accountability prepared by - *AB49_R2* – 50 – the State Board pursuant to NRS 385A.400 for the year in which the pupil graduates.

(b) Fails to obtain a standard high school diploma within the time allowed by the individual graduation plan, the pupil must be counted as having failed to receive a standard high school diploma when calculating the graduation rates of pupils for the purpose of NRS 388A.330, if applicable, in the annual report of accountability for the school district or charter school in which the pupil is enrolled pursuant to - 79th Session (2017) – 52 – NRS 385A.070 and the annual report of accountability prepared by the State Board pursuant to NRS 385A.400 for the year in which the pupil was scheduled to graduate pursuant to his or her individual graduation plan.

9.been established who receives a score on the college and has career readiness assessment that is less than the score prescribed by the Superintendent of Public Instruction pursuant to paragraph (b) of subsection 4 must, unless his or her individual graduation plan provides otherwise, enroll in the maximum number of units of credit per semester allowed by the public school in which the pupil is enrolled.

Any pupil for whom an individual graduation plan has been established who receives a score on the college and career readiness assessment that is less than the score prescribed by the Superintendent of Public Instruction pursuant to paragraph (b) of subsection 4 must, unless his or her individual graduation plan provides otherwise, enroll in the maximum number of units of credit per semester allowed by the public school in which the pupil is enrolled.

or before June 30, 2017, shall submit a request to its sponsor to amend its written charter or charter contract pursuant to NRS 388A.276 to include the policy for accepting, investigating and responding to complaints required by section 10 of this act on or before September 1, 2017.

35.

The governing body of each charter school formed on or before June 30, 2017, shall submit a request to its sponsor to amend its written charter or charter contract pursuant to NRS 388A.276 to include the policy for accepting, investigating and responding to complaints required by section 10 of this act on or before September 1, 2017.

Sec.

The Legislative Committee on Education shall study issues relating to the deeming of a charter school as a local - *AB49_R2* – 51 – educational agency, as defined in 20 U.S.C.

The study must include, without limitation, an examination of the effects of section 12.7 of this act on the charter schools sel3.teOnselected orpursuant before February 1, 2019, the Legislative Committee on Education shall submit the report of its findings and any recommendations to thesubsection Director1 of thethat Legislativesection. Counsel Bureau for transmission to the 80th Session of the Nevada Legislature.

3.

On or before February 1, 2019, the Legislative Committee on Education shall submit the report of its findings and any - 79th Session (2017) – 53 – recommendations to the Director of the Legislative Counsel Bureau for transmission to the 80th Session of the Nevada Legislature.

This section and sections 1, 3 to 17, inclusive, 19, 20, 22, 23, 24, 25 to 29, inclusive, 35 and 35.5 of this act become eff2.tivSections 34.7, 34.8 and 34.9 of this act become effective on July 1, 2017.2017, if, and only if, Senate Bill No.

2.

Sections 34.7, 34.8 and 34.9 of this act become effective on July 1, 2017, if, and only if, Senate Bill No.

H~~~~~ 17 - *AB49_R2*79th Session (2017)