AB 78 — Revises provisions relating to the establishment of charter schools. (BDR 34-343)

(Reprinted with amendments adopted on April 18, 2017) FIRST REPRINT A.B.

CONTAINS UNFUNDED MANDATE (§§ 2, 3,3) 6) (NOTREQUESTED BAFFECTELOCALG OVERNMEN) ~ EXPLANATION – Matter in bolded italics is new;

establishingrequiring requirementsthe forsponsor certainof contractsa proposed charter school to prepare an evaluation of certain needs in the Stategeographic Publicarea Charterproposed Schoolto Authority;be served by the charter school;

requiring the sponsor of a proposed charter school to consult with the school district in which the charter school will be located and consider certain factors relating to the location of the charter school;

requiring an applicant to form a charter school to provide certain evidence in support of the application;

Existing law authorizes the State Public Charter School Authority or, with the approval of the Department of Education, the board of trustees of a school district or a college or university within the Nevada System of Higher Education to sponsor sponsor of a charter schoolschool. to review an application to form a charter school and approve the application if it satisfies certain requirements.

(NRSExisting 388A.249)law This bill requires the proposed sponsor of a charter school to consultconduct withan theevaluation schoolof districtcertain in which a proposed charter school will be located to consider population growth, demographic changes and the academic needs of pupils in the geographic areaareas to be served by the proposedsponsor charterin schoolconsultation andwith to ensure that the bestDepartment interestsand, ofto pupils and the efficientextent usepracticable, ofthe publicschool moneydistrict in this Statebill areexpands considered when determining whether to approve the formationscope of the charterrequired schoolevaluation. and when selecting a location for the charter school.

-Sections *AB78*3-5 –of 2this –bill THEmake PEOPLEconforming OFchanges. THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Existing law also authorizes the proposed sponsor of a charter school to review an application to form a charter school and approve the application if it satisfies certain requirements.

(NRS 388A.249) Section 6 of this bill requires an applicant to form a charter school to provide sufficient evidence that the applicant has:

(1) notified the superintendent of the school district in which the proposed charter school will be located of the proposed location of the charter school;

and (2) - *AB78_R1* – 2 – requested an opportunity to discuss the proposed location of the charter school with the superintendent.

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

NRS(Deleted 388A.165by isamendment.) herebySec. amended to read as follows:

388A.165 1.

The State Public Charter School Authority may enter into a contract with any qualified person to:

(a) Foster the development of high-quality charter management organizations, educational management organizations and other persons to operate charter schools in this State;

(b) Solicit applications to form charter schools from high-quality applicants;

(c) Provide training concerning the governance and management of charter schools to governing bodies of charter schools and applicants to form charter schools;

or (d) Provide professional development and support services to the administration and other employees of charter schools.

The State Public Charter School Authority may provide compensation pursuant to a contract entered into pursuant to subsection 1 using any money raised by the State Public Charter School Authority from private donors for that purpose or any money received from fees paid to the State Public Charter School Authority.

3.

Any contract entered into for the purposes described in paragraph (b) of subsection 1 must include a recital of the obligation of the State Public Charter School Authority or other proposed sponsor of a charter school, in reviewing an application to form the charter school, to consult with the school district in which the charter school will be located, as provided in NRS 388A.249.

Sec.

2.

Except as otherwise provided by specific statute, if the State Public Charter School Authority sponsors a charter school, the State Public Charter - *AB78* – 3 – School Authority is responsible for the evaluation, monitoring and oversight of the charter school.

Before the State Public Charter School Authority or a board of trustees of a school district or a college or university within the Nevada System of Higher Education that is approved to sponsor charter schools begins soliciting applications to form a charter school, the State Public Charter School Authority, board of trustees or college or university, as applicable, shall prepare, in collaboration with the Department and [, to the extent practicable,] the school - *AB78_R1* – 3 – district in which the proposed charter school will be located and any other sponsor of a charter school located in that school district, an evaluation of [the]the populationacademic growth,needs demographicof changespupils and the academic needs of pupilsthe school district and the community in the geographic areas served by the sponsor [.] to ensure that the best interests of pupils and the efficient use of public money in this State are considered in reviewing such applications.

(2) Meet the identified[identified [educational]educational] academic needs of pupils and the needs resultingof fromthe populationschool growthdistrict and demographiccommunity changesidentified in the geographicevaluation areasconducted pursuant to besubsection served5 byof theNRS charter388A.220; schools, as determined in consultation with the school district in which the charter schools are located;

- *AB78* – 4 – (c) Declining to approve applications to form charter schools that do not satisfy the requirements of NRS 388A.249;

In developing the policies and practices, the sponsor shall review and evaluate nationally recognized policies - *AB78_R1* – 4 – and practices for sponsoring organizations of charter schools.

- *AB78* – 5 – (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;

- *AB78_R1* – 5 – 3.

[and] (b) ProvidesAddresses the proposedmanner locationin ofwhich or geographic area to be served by the proposed charter school, evidence of a need for a charter school inplans thatto locationmeet or serving that geographic area based on population growth, demographic changes and the academic needs ofidentified in the pupilsevaluation inconducted thatpursuant areato andsubsection evidence5 of communityNRS support388A.220; for the proposed charter school;

- *AB78* – 6 – 2.

- *AB78_R1* – 6 – (e) Providing a method for public schools to measure achievement based upon the performance of the schools;

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 - *AB78* – 7 – charter school in this State or any other state, any potential conflicts of interest and any other information required by the sponsor.

The proposed location of [,] or the geographic area to be served by [,] the charter school , [and] evidence of a need for a charter school in that location or serving that geographic area based on populationthe growth,needs demographicidentified changesin and the academicevaluation needsconducted ofpursuant theto pupilssubsection in5 thatof areaNRS 388A.220 and evidence of community support for the charter school in that area.

A description of the proposed instructional design of the charter school and the type of learning environment the charter - *AB78_R1* – 7 – 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.

- *AB78* – 8 – 14.

Proposed bylaws for the governing body, a description of the manner in which the charter school will be governed, including, - *AB78_R1* – 8 – 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.