AB 78 — Revises provisions governing charter schools. (BDR 34-339)
Last action — Chapter 338.
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✓Introduced
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✓In Committee
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✓Passed Assembly
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✓Passed Senate
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✓To Executive
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6Enacted
This bill has been enacted into law. Introduced November 20, 2018. Enacted.
Prognosis
Where this bill stands today.
Odds of enactment
HighHow often bills like it became law.
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Enacted
Current position in the legislative process.
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1 sponsor
1 primary, 0 co-sponsors signed on.
Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.
Summary
AN ACT relating to education; revising provisions governing the operations of the State Public Charter School Authority; abolishing the Achievement School District; requiring an existing achievement charter school to convert to a charter school under the sponsorship of the State Public Charter School Authority or cease operations; and providing other matters properly relating thereto.
Bill Text
What changed in the latest version
1746 added · 1969 removed1746 line(s) added, 1969 removed.
(ReprintedAssembly withBill amendmentsNo. adopted on May 15, 2019) SECOND REPRINT A.B.
7878–Committee Aon SSEMBLYEducation BCHAPTER.......... ILLN O.
78–COMMITTEE ON EDUCATION (ON B EHALF OF THE STATE PUBLIC C HARTER SCHOOL A UTHORITY ) PREFILED N OVEMBER 20, 2018 ____________ Referred to Committee on Education SUMMARY—Revises provisions governing charter schools.
(BDR 34-339) FISCAL NOTE:
Effect on Local Government:
No.
Effect on the State:
Yes.
~ EXPLANATION – Matter in bolded italics is new;
matter between brackets [omitted material] is material to be omitted.
Existing law authorizes the State Public Charter School Authority or a school district or college or university within the Nevada System of Higher Education that is approved by the Department of Education to sponsor a charter school.
(NRSon(NRS that 388A.220) Existing law requires the Department to adopt regulations, including:
and (2) requires the Department to adopt regulations prescribing the criteria to be used in determining whether to continue or revoke the authorization of the sponsor to sponsor charter schools.
Section 33.6 of this billhebill makes a conforming change.
- *AB78_R2* – 2 – Existing law creates the State Public Charter School Authority and prescribes bill revises the membership of the Authority.Authority to include two members appointed by the State Board of Education.
(NRS 388A.150, 388A.153) Section 34 of this bill revises the membership of the Authority to include two members appointed by the State Board of Education.
(NRS 388A.159) Section 35 of this bilExistingbill lawdeems governs the mannerAuthority in which applications for enrollment are submitted to thebe governing body of a charterlocal schooleducational andagency requiresfor aall charterpurposes. school to enroll pupils under certain circumstances.
Existing law alsogoverns authorizesthe amanner charterin schoolwhich toapplications transferfor aenrollment pupilare submitted to anthe appropriategoverning schoolbody ifof thea charter school determinesand itrequires isa unablecharter school to provideenroll anpupils appropriateunder specialcertain educationcircumstances. program and services to such a pupil.
Existing law also authorizes a charter is unable to provide an appropriate special education program and services to suches it a pupil.
Additionally, section 60 removes the authorization for a charter school to transfer a pupil if the charter school determines it is unable to provide an appropriate special education program and services to a pupil, as section 35 requires the State Public Charter School Authority, as the local educational agency, to provide such a program and services.
Additionally,- section80th 59.5Session requires(2019) the– report2 to:– by the Department;
(1)(2) be submitted to the State Board of Education on aor formbeforeeated createdApril by1 theof Department;each year;
(2)and (3) be submittedreviewed toby the State BoardBoard. of Education on or before AprAssembly Bill No.
Assembly Bill No.
(Chapter 539, Statutes of Nevada 2015,80.65 p.of this bill repeal the statutory provisions added by that bill and make other conforming changes.
3775;Section 80.75 of this bill deems any achievement charter school and any application to operate an achievement charter school to be approved by the State Public Charter School Authority to operate a charter school.
NRSSection 388B.010-388B.450)80.75 Sectionsalso 1-24.9,requires 32-33.4,a 47charter andcontract 80.1-to 80.65be ofentered thisinto billwith repeal the statutoryState provisionsschools added by thatJuly bill1, and2020. make other conforming changes.
Section 80.75 of this bill deems any achievement charter school and any application to operate an achievement charter school to be approved by Section 80.75 also requires a charter contract to be entered into with the State Public Charter School Authority to operate under existing law governing charter schools by July 1, 2020.
EXPLANATION – Matter in bolded italics is new;
matter between brackets [omitted material] is material to be omitted.
The provisions of this title are intended to reserve to the boards of trustees of local school districts within this state such rights and powers as are necessary to maintain control of the education of the children within their respective - *AB78_R2* – 3 – districts.
The State Board shall, and the State Public Charter School Authority, [the Achievement School District,] each board of trustees of a local school district, the governing body of each charter school and any other school officer may, advise the Legislature at each regular session of any recommended legislative action to ensure - 80th Session (2019) – 3 – high standards of equality of educational opportunity for all children in the State of Nevada.
[“Achievement charter school” means a public school operated by a charter management organization, as defined in NRS 388B.020, an educational management organization, as defined in NRS 388B.030, or other person pursuant to a contract with the Achievement School District pursuant to NRS 388B.210 and subject to the provisions of chapter 388B of NRS.] “Charter school”school”bject means a public school that is formed pursuant to the provisions of chapter 388A of NRS.
“Public schools” means all kindergartens and elementary schools, junior high schools and middle schools, high schools, charter schools and any other schools, classes and educational programs which receive their support through public taxation and, - *AB78_R2* – 4 – except for charter schools, whose textbooks and courses of study are under the control of the State Board.
- 80th Session (2019) – 4 – (2) At least one employee of a school district in a county whose population is 100,000 or more, appointed by the Nevada Association of School Boards;
and (b)(b)(1) MayRepresentatives beof preparedinstitutions inof consultationhigher with:education;
(1) Representatives of institutions of higher education;
and] [(g) Executive Director of the Achievement School District.] Sec.
NRS 385.620 is hereby amended to read as follows:follows:] 385.620 The Advisory Council shall:
385.6201. The Advisory Council shall:
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- *AB78_R2* – 5 – 1.
Review the information relating to communication with and participation, involvement and engagement of parents and families that is included in the annual report of accountability for each school district pursuant to NRS 385A.320 and similar information in the annual report of accountability prepared by the State Public Charter School Authority [, the Achievement School District] and a college or university within the Nevada System of Higher Education - 80th Session (2019) – 5 – that sponsors a charter school pursuant to subsection 3 of NRS 385A.070;
5.outreach to parents, legal guardians and families of pupils who have limited time to become involved in the education of their children for various reasons, including, without limitation, work schedules, single-parent homes and other family obligations;
Identify methods to communicate effectively and provide outreach to parents, legal guardians and families of pupils who have limited time to become involved in the education of their children for various reasons, including, without limitation, work schedules, single-parent homes and other family obligations;
On or before February 1 of each year, submit a report to the Director of the Legislative Counsel Bureau for transmission to the Legislature in odd-numbered years and to the Legislative Commission in even-numbered years, describing the activities of the Advisory Council and any recommendations for legislation.
- *AB78_R2* – 6 – Sec.
The board of trustees of each school district shall report the information required by NRS 385A.070 to 385A.320, inclusive, for each charter school - 80th Session (2019) – 6 – sponsored by the school district.
A separate reporting for a group of pupils must not be made pursuant to NRS 385A.070 to 385A.320, inclusive, if the number of pupils in that group is insufficient to yield statistically reliable information or the results would reveal personally identifiable information about an individual pupil.
The Department, in consultation with the State Public Charter School Authority [, the Achievement School District] and each college or university within the Nevada System of Higher Education that sponsors a charter school, shall prescribe by regulation the information that must be prepared by the State Public Charter School Authority [, Achievement School District] and institution, as applicable, which must include, without limitation, the information - *AB78_R2* – 7 – contained in subsection 2 and NRS 385A.070 to 385A.320, inclusive, as applicable to charter schools.
- 80th Session (2019) – 7 – Sec.
(b) Provide statistical information and technical assistance to the school districts, the State Public Charter School Authority [, the the Achievement School District] and each college or university within the Nevada System of Higher Education that sponsors a charter school to ensure that the reports provide comparable information with respect to each school in each district, each charter school and among the districts and charter schools throughout this State.
The Superintendent of Public Instruction may consult with representatives of parent groups other than the Nevada Parent Teacher Association concerning the program adopted pursuant to subsection 1 of NRS 385A.070 and consider any advice ororuant to recommendations submitted by the representatives with respect to the program.
- *AB78_R2* – 8 – (a) The board of trustees of each school district, the State Public Charter School Authority [, the Achievement School District] and each college or university within the Nevada System of Higher Education that sponsors a charter school shall provide written notice that the report required pursuant to NRS 385A.070 is available on the Internet website maintained by the school district, State Public Charter School Authority [, Achievement School District] or - 80th Session (2019) – 8 – institution, if any, or otherwise provide written notice of the availability of the report.
and (6) The Attorney General, with a specific reference to the information that is reported pursuant to paragraph (e) of subsection 1o(b) The board of trustees of each school district, the State Public Charter School Authority [, the Achievement School District] and each college or university within the Nevada System of Higher Education that sponsors a charter school shall provide for public dissemination of the annual report of accountability prepared pursuant to NRS 385A.250.385A.070 by posting a copy of the report on the Internet website maintained by the school district, the State Public Charter School Authority [, the Achievement School District] or the institution, if any.
(b) The board of trustees of each school district, the State Public Charter School Authority [, the Achievement School District] and each college or university within the Nevada System of Higher Education that sponsors a charter school shall provide for public dissemination of the annual report of accountability prepared pursuant to NRS 385A.070 by posting a copy of the report on the Internet website maintained by the school district, the State Public Charter School Authority [, the Achievement School District] or the institution, if any.
If the State Public Charter School Authority [, the Achievement School District] or the institution does not maintain a website, the State Public Charter School Authority [, the Achievement School District] or the institution, as applicable, shall otherwise provide for public dissemination of the annual report by providing a copy of the report to each charter school it sponsors and the parents and of the guardians of pupils enrolled in each charter school it sponsors.
Upon the request of the Governor, the Attorney General, an entity described in paragraph (a) of subsection 1 or a member of the general public, the board of trustees of a school district, the State Public Charter School Authority [, the Achievement School District] or a college or university within the Nevada System of Higher Education that sponsors a charter school, as applicable, shall provide - *AB78_R2* – 9 – a portion or portions of the report required pursuant to NRS 385A.070.
- 80th Session (2019) – 9 – Sec.
(1) The average daily attendance of pupils, for each school in each charter school sponsored by the districtdistrict.uding, without limitation, (2) For each elementary school, middle school and thejunior districthigh asschool ain whole,the district, including, without limitation, each charter school sponsored by the district.district that provides instruction to pupils enrolled in a grade level other than high school, information that compares the attendance of the pupils enrolled in the school with the attendance of pupils throughout the district and throughout this State.
(2) For each elementary school, middle school and junior high school in the district, including, without limitation, each charter school sponsored by the district that provides instruction to pupils enrolled in a grade level other than high school, information that compares the attendance of the pupils enrolled in the school with the attendance of pupils throughout the district and throughout this State.
For the purposes of this paragraph, a pupil is not transient if the pupil is transferred to a different school within the school district as a result of a change in thepursuant zoneto ofNRS attendance388.040.y by the board of trustees of the school district pursuant(d) toThe NRSnumber 388.040.of habitual truants reported for each school in the district and for the district as a whole, including, without limitation, the number who are:
(d) The number of habitual truants reported for each school in the district and for the district as a whole, including, without limitation, the number who are:
- *AB78_R2*80th Session (2019) – 10 – (a) The board of trustees of each school district shall submit to each advisory board to review school attendance created in the county pursuant to NRS 392.126 the information required by paragraph (a) of subsection 1.
(b) The State Public Charter School Authority [, the Achievement School District] and each college or university within the Nevada System of Higher Education that sponsors a charter school shall submit to each advisory board to review school attendance created in a county pursuant to NRS 392.126 the information regarding the records of the attendance and truancy of pupils enrolled in the charter school located in that county, if any, in accordance with the regulations prescribed by the Department pursuant to subsection 3 of NRS 385A.070.
(a)(b) Be preparedpresented in an understandable and uniform format and, to the extent practicable, provided in a conciselanguage manner;that parents can understand.
and (b) Be presented in an understandable and uniform format and, to the extent practicable, provided in a language that parents can understand.
Upon the request of the Governor, the Attorney General, the Committee, the Bureau, the Board of Regents of the University of Nevada, the board of trustees of a school district, the State Public Charter School Authority, a college or university within the Nevada System of Higher Education, the governing body of a charter school, [the Executive Director of the Achievement School - 80th Session (2019) – 11 – District] or a member of the general public, the State Board shall provide a portion or portions of the annual report of accountability.
-Secs. *AB78_R2* – 11 – Sec.
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On or before July 31 of each year, the Department shall determine whether each public school is meeting the school achievement targets and performance targets established pursuant to the statewide system of accountability for public schools.sch2.
2.
- *AB78_R2* – 12 – (a) Except as otherwise provided in paragraph (b) [,] or (c) , [or (d),] the determination made for each public school to the board of trustees of the school district in which the public school is located.
(b) To the State Public Charter School Authority the determination made for each charter school that is sponsored by the State Public Charter School Authority.
- 80th Session (2019) – 12 – (a) The Department shall not determine that the school has failed to meet the performance targets established pursuant to the statewide system of accountability for public schools based solely upon that particular group.
The Department shall use the mechanism approved by the United States Department of Education for the statewide system of accountability for public schools for determining the number of pupilsreliable thatinformation.n must be in a group for that group to yield statistically reliable4. information.
4.
Based upon the information received from the Department pursuant to NRS 385A.670, the board of trustees of each school district shall, on or before August 15 of each year, issue a preliminary rating for each public school in the school district in - *AB78_R2* – 13 – accordance with the statewide system of accountability for public schools, excluding charter schools sponsored by the State PublicPublicc Charter School Authority [, the Achievement School District] or a college or university within the Nevada System of Higher Education.
Before making a final rating for a school, the board of trustees of the school district or the Department, as applicable, shall provide the school an opportunity to review the data upon which the - 80th Session (2019) – 13 – preliminary rating is based and to present evidence.
If the school is a charter school sponsored by the State Public Charter School Authority [, the Achievement School District] or a college or university within the Nevada System of Higher Education, the Department shall make a final determination concerningcon3.rniOn theor ratingbefore forSeptember 15 of each year, the schoolDepartment shall post on Septemberthe 15.Internet website maintained by the Department the determinations and final ratings made for all schools in this State.
3.
On or before September 15 of each year, the Department shall post on the Internet website maintained by the Department the determinations and final ratings made for all schools in this State.
The State Board, any school district within this State [, the Achievement School District] and any governing body of any charter school in this State may, within the limits provided in this section, make such applications, agreements and assurances to the Federal Government, and conduct such programs as may be required as a condition precedent to the receipt of money appropriated by any Act of Congress for purposes of elementary and secondary education.
Such an agreement or assurance must notnotry -and *AB78_R2* – 14 – require this State, or a school district or governing body to provide money above the amount appropriated or otherwise lawfully available for that purpose.
The Director may establish policies and prescribe regulations, authorize the employment of such personnel and take such other action as it considers necessary to provide for the establishment, maintenance, operation and expansion of any - 80th Session (2019) – 14 – program of nutrition operated by a school district or of any other such program for which state or federal assistance is provided.
(a) Give technical advice and assistance to any person or entity in connection with the establishment and operation of any program of (b) Assist in training personnel engaged in the operation of any program of nutrition.
(b) Assist in training personnel engaged in the operation of any program of nutrition.
387.1223July 1.1, each school district shall report to the Department, in the form prescribed by the Department, the average daily enrollment of pupils pursuant to this section for the immediately preceding quarter of the school year.
On or before October 1, January 1, April 1 and July 1, each school district shall report to the Department, in the form prescribed by the Department, the average daily enrollment of - *AB78_R2* – 15 – pupils pursuant to this section for the immediately preceding quarter of the school year.
(1) The count of pupils enrolled in kindergarten and grades 1 to 12, inclusive, based on the average daily enrollment of those pupils during the quarter, including, without limitation, the count of pupils who reside in the county and are enrolled in any charter - 80th Session (2019) – 15 – school and the count of pupils who are enrolled in a university school for profoundly gifted pupils located in the county.
(5) Six-tenths the count of pupils who have not attained the age of 5 years and who are receiving special education pursuant to NRS 388.435, based on the average daily enrollment of those pupils during the quarter.
(6) The count of children detained in facilities for the detention of children, alternative programs and juvenile forestry - *AB78_R2* – 16 – camps receiving instruction pursuant to the provisions of NRS 388.550, 388.560 and 388.570, based on the average daily enrollment of those pupils during the quarter.
(7) The count of pupils who are enrolled in classes for at least one semester pursuant to subsection 1 of NRS 388A.471, subsection 1 of NRS 388A.474 [,] or subsection 1 of NRS 392.074 [, or subsection 1 of NRS 388B.280 or any regulations adopted pursuant to NRS 388B.060 that authorize a child who is enrolled at - 80th Session (2019) – 16 – a public school of a school district or a private school or a homeschooled child to participate in a class at an achievement charter school,] based on the average daily enrollment of pupils during the quarter and expressed as a percentage of the total time services are provided to those pupils per school day in proportion to the total time services are provided during a school day to pupils who are counted pursuant to subparagraph (1).
Except as otherwise provided in subsection 4, if the enrollment of pupils in a school district or a charter school that is located within the school district based on the average daily that is enrollment of pupils during the quarter of the school year is less than or equal to 95 percent of the enrollment of pupils in the same school district or charter school based on the average daily enrollment of pupils during the same quarter of the immediately preceding school year, the enrollment of pupils during the same quarter of the immediately preceding school year must be used for purposes of making the quarterly apportionments from the State Distributive School Account to that school district or charter school pursuant to NRS 387.124.
5.quarterly reports submitted pursuant to subsection 1 to account for pupils who leave the school district or a public school during the school year.
The Department shall prescribe a process for reconciling the quarterly reports submitted pursuant to subsection 1 to account for pupils who leave the school district or a public school during the school year.
- *AB78_R2* – 17 – 7.
Pupils who are enrolled in courses which are approved by the Department as meeting the requirements for an adult to earn a - 80th Session (2019) – 17 – high school diploma must not be counted for the purpose of computing basic support pursuant to this section.
The count of pupils for apportionment purposes includes all pupils who are enrolled in programs of instruction of the school district, including, without limitation, a program of distance education provided by the school district, pupils who reside in the county in which the school district is located and are enrolled in any charter school, including, without limitation, a program of distance education provided by a charter school, and pupils who are enrolled in a university school for profoundly gifted pupils located in thethed county, for:
[and pupils who are enrolled in classes pursuant to subsection 1 of NRS 388B.280 or any regulations adopted pursuant to NRS 388B.060 that authorize a child who is enrolled at a public school of a school district or a private school or a homeschooled child to participate in a class at an achievement charter school.] (g) Pupils who are enrolled in classes pursuant to subsection 1 of NRS 392.074.
- *AB78_R2* – 18 – 2.
- 80th Session (2019) – 18 – (a) May divide the pupils in grades 1 to 12, inclusive, into categories composed respectively of those enrolled in elementary schools and those enrolled in secondary schools.
Such a pupil may be counted as a full-time pupil if he or she is enrolled in a minimum of six courses or the equivalent of six periods per day or the superintendent of the school district has approved enrollment in fewer courses for good cause.
A charter school is a public school that is formed pursuant to theschool provisionsthat ofis formed pursuant to chapter 388A388B of NRSNRS.]ent .charter 6.
[or an achievement charter school that is formed pursuant to chapter 388B of NRS.] 6.
- *AB78_R2* – 19 – (c) The information reported pursuant to NRS 385A.310 and similar information included in the annual report of accountability information prepared by the State Public Charter School Authority [, - 80th Session (2019) – 19 – the Achievement School District] and a college or university within the Nevada System of Higher Education that sponsors a charter school pursuant to subsection 3 of NRS 385A.070;
(a)this IncorporateState;rporate educational technology into the public schools of (b) Increase the number of pupils in the public schools of this State;State who have access to educational technology;
(b) Increase the number of pupils in the public schools of this State who have access to educational technology;
and (c) Office space, as is necessary for the Commission to carry out the provisions of thisthi4. section.
4.
(a) Develop technical standards for educational technology and any electrical or structural appurtenances necessary thereto, including, without limitation, uniform specifications for computer hardware and wiring, to ensure that such technology is compatible, - *AB78_R2* – 20 – uniform and can be interconnected throughout the public schools of this State.
- 80th Session (2019) – 20 – (b) Allocate money to the school districts from the Trust Fund for Educational Technology created pursuant to NRS 388.800 and any money appropriated by the Legislature for educational technology, subject to any priorities for such allocation established by the Legislature.
(2) Upgrade and improve computer hardware and software and otheroth(3) Provide training, installation and technical support related to the use of educational technology.technology within the district.
(3) Provide training, installation and technical support related to the use of educational technology within the district.
(c) Evaluations of educational technology conducted for the State or for a school district, if applicable;
andandcted for the (d) Any other information deemed relevant by the Commission.
The Commission may appoint an advisory committee composed of members of the Commission or other qualified persons - *AB78_R2*80th Session (2019) – 21 – to provide recommendations to the Commission regarding standards for the establishment, coordination and use of a telecommunications network in the public schools throughout the various school districts in this State.
As used in this section, “public school” includes the Caliente Youth Center, the Nevada Youth Training Center and any other state facility for the detention of children that is operated pursuant to titletitSec. 5 of NRS.
Sec.24.9.S.
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As used in this section:
- 80th Session (2019) – 22 – (2) A member of the governing body of a charter school.
- *AB78_R2* – 22 – (3) An administrator employed by the board of trustees of a school district or the governing body of a charter school.
(2) Governing body of a charter school to provide instruction or other educational services to pupils enrolled in the charter school.
4.Department shall determine whether to continue or revoke the, the authorization of a sponsor to sponsor charter schools.
After completing the comprehensive review, the Department shall determine whether to continue or revoke the authorization of a sponsor to sponsor charter schools.
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388A.030 “Educational management organization” means a for-profit corporation, business, organization or other entity that - *AB78_R2* – 23 – provides services relating to the operation and management of charter schools .
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The provisions of this subsectionsub(a) doA notprivate preclude:school from ceasing to operate as a private school and reopening as a charter school in compliance with the provisions of this chapter.
(a) A private school from ceasing to operate as a private school and reopening as a charter school in compliance with the provisions of this chapter.
1.NRS 388A.220 by the board of trustees of a school district or a college or university within the Nevada System of Higher Education to the Department for authorization to sponsor charter schools, the contents of the application, the process for the Department to review the application and the timeline for review;
The process for submission of an application pursuant to NRS 388A.220 by the board of trustees of a school district or a college or university within the Nevada System of Higher Education to the Department for authorization to sponsor charter schools, the contents of the application, the process for the Department to review the application and the timeline for review;
- *AB78_R2*80th Session (2019) – 24 – 4.] The process for submission of an application to form a charter school to the board of trustees of a school district and a college or university within the Nevada System of Higher Education, and the contents of the application;
The criteria and type of investigation that must be applied by the board of trustees of a school district and a college or university within the Nevada System of Higher Education inina college or determining whether to approve an application to form a charter school, an application to renew a charter contract or a request for an amendment of a written charter or a charter contract;
The State Public Charter School Authority Public Charter School Authority consists of:ship of [seven]the nineState members.(a) Two members appointed by the Governor in accordance with subsection 2;
The membership of the State Public Charter School Authority consists of:
(a) Two members appointed by the Governor in accordance with subsection 2;
The Governor, the Majority Leader of the Senate , [and] the Speaker of the Assembly and the State Board of Education shall - 80th Session (2019) – 25 – ensure that the membership of the State Public Charter School Authority:
- *AB78_R2* – 25 – (a) Includes persons with a demonstrated understanding of charter schools and a commitment to using charter schools as a way to strengthen public education in this State;
(2)(3) SchoolManagement financepractices;ounting, or accounting, or both;
(3) Management practices;
Except as otherwise provided in subsection 5, a member of the State Public Charter School Authority must not be actively engaged in business with or hold a direct pecuniary interest relating to charter schools, including, without limitation, serving as a vendor, contractor, employee, officer, director or member of the governing body of a charter school, educational management organization or cha5.er Not more than two members of the State Public Charter School Authority may be teachers or administrators who are employed by a charter school or charter management organization.organization in this State.
5.
Not more than two members of the State Public Charter School Authority may be teachers or administrators who are employed by a charter school or charter management organization in this State.
After the initial terms, the term of each member of the State Public Charter School Authority is 3 years, commencing on July 1 - 80th Session (2019) – 26 – of the year in which he or she is appointed.
A member shall continue to serve on the - *AB78_R2* – 26 – State Public Charter School Authority until his or her successor is appointed.
After the initial selection of those officers, each of those officers holds the position for a term of 2 years commencing on July 1 of each odd- numbered year.
2.Authority constitute a quorum, and a quorum may exercise all the power and authority conferred on the State Public Charter School Authority.
[Four] Five members of the State Public Charter School Authority constitute a quorum, and a quorum may exercise all the power and authority conferred on the State Public Charter School Authority.
- 80th Session (2019) – 27 – (b) The provision of special education and related services provided by a charter school sponsored by the State Public Charter School Authority;
- *AB78_R2* – 27 – 2.
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 agency.
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(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 expertiseexpertisee with regard to the academic, financial and organizational experience of charter schools, to review and evaluate the application;
- *AB78_R2*80th Session (2019) – 28 – 3.
and (b) The applicant has demonstrated competence in accordance with the criteria for approval prescribed by the sponsor pursuant to subsection 2 of NRS 388A.223 that will likely result in a successful opening and operation of the charter school.
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(Deleted by amendment.) Sec.
On or before [October 1] February 15 of each year, the sponsor of a charter school shall submit a written report to thewritten Departmentreport [.]must oninclude: a form prescribed by the Department.
Theprescribed writtenby reportthe mustDepartment. include:
The [1.] (a) For each charter school that it sponsors with a written charter, an evaluation of the progress of each such charter school in achieving the educational goals and objectives of the written charter.
- *AB78_R2* – 29 – [2.] (b) For each charter school that it sponsors with a charter contract, a summary evaluating the academic, financial and organizational performance of the charter school, as measured by the performance indicators, measures and metrics set forth in the performance framework for the charter school.
- 80th Session (2019) – 29 – [(b)] (2) Which is open and in operation;
[4.] (d) A description of the strategic vision of the sponsor for the charter schools that it sponsors and the progress of the sponsor in achieving[5.] that(e) vision.A description of the services provided by the sponsor pursuant to a service agreement entered into with the governing body of the charter school pursuant to NRS 388A.381, including an itemized accounting of the actual costs of those services.
[5.] (e) A description of the services provided by the sponsor pursuant to a service agreement entered into with the governing body of the charter school pursuant to NRS 388A.381, including an itemized accounting of the actual costs of those services.
Except as otherwise provided in subsections 1 to 5, inclusive, NRS 388A.336 , [and] subsections 1 and 2 of NRS 388A.456, and any applicable federal law, including, without limitation, 42 U.S.C.
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, - *AB78_R2* – 30 – 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 - 80th Session (2019) – 30 – 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 subsections 1 and 2 of NRS 388A.456, 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 subsections 1 to 4, inclusive, on the basis of a lotterylot6.ry system.Except as otherwise provided in subsection [9,] 8, a charter school shall not accept applications for enrollment in the charter school or otherwise discriminate based on the:
6.
Except as otherwise provided in subsection [9,] 8, a charter school shall not accept applications for enrollment in the charter school or otherwise discriminate based on the:
[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 ananct of the appropriate school.
(b) Who pose such severe disciplinary problems that they warrant a specific educational program, including, without - *AB78_R2* – 31 – 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 - 80th Session (2019) – 31 – subparagraphs (1) to (6), inclusive, of paragraph (a) of subsection 3 of NRS 385A.740.
Sec.Secs.
61.61-80.
62.
(Deleted by amendment.) Sec.
63.
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64.
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65.
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66.
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67.
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68.
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69.
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70.
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71.
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72.
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73.
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74.
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75.
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76.
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77.
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78.
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79.
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80.
(Deleted by amendment.) Sec.
388G.050Empowerment 1.Schools for public schools within this State.
There is hereby established a Program of Empowerment Schools for public schools within this State.
- *AB78_R2* – 32 – 3.
If such a design team is created, the membership ofby the designboard teamof musttrustees:onsist consist of the following persons appointed by(a) At least one representative of the board of trustees:trustees;
(a) At least one representative of the board of trustees;
and - 80th Session (2019) – 32 – (g) Such other members as the board of trustees determines are necessary.
6.grants and donations from any source for the support of the gifts, empowerment schools within the school district.
The board of trustees of a school district may accept gifts, grants and donations from any source for the support of the empowerment schools within the school district.
The Department shall, by regulation or otherwise, adopt and enforce a plan setting forth procedures to ensure the - *AB78_R2* – 33 – security of examinations that are administered to pupils pursuant to NRS 390.105 and the college and career readiness assessment administered pursuant to NRS 390.610.
(a) Procedures pursuant to which pupils, school officials and othertesting personsadministration may, and aretesting encouragedsecurity.port to, report irregularities in testing(b) administrationProcedures necessary to ensure the security of test materials and the consistency of testing security.administration.
(b) Procedures necessary to ensure the security of test materials and the consistency of testing administration.
and - 80th Session (2019) – 33 – (2) Whether the school district, [Achievement School District,] charter school or Department, or any combination thereof, is responsible for ensuring that the action is carried out successfully.
The Department shall post a copy of the plan adopted pursuantInternet towebsite thismaintained sectionby and the proceduresDepartment.t set forth therein on the InternetSec. website maintained by the Department.
Sec.
A school month in any public school in this State consists of 4 weeks of 5 days each.
- *AB78_R2* – 34 – 4.
The per diem deduction from the salary of an employee because of absence from service for reasons other than those specified in this section is that proportion of the yearly salary which is determined by the ratio between the duration of the absence andandwhich the total number of contracted workdays in the year.
The amount of service so purchased must not exceed - 80th Session (2019) – 34 – the number of hours of unused sick leave or 1 year, whichever is less.
Except as otherwise provided in this subsection, if an employee takes a position with another school district or charter school, all sick leave that the employee has accumulated must be transferred from the employee’semployee’she former school district or charter school to his or her new school district or charter school.
- *AB78_R2* – 35 – (b) If, on account of sickness, epidemic or other emergency in the community, a longer intermission is ordered by the board ofofin trustees of a school district, the governing body of a charter school or a board of health and the intermission or closing does not exceed 30 days at any one time, there may be no deduction or discontinuance of salaries.
If the salary of the employee was continued during the period of intermission as provided in subsection 7, the employee is - 80th Session (2019) – 35 – not entitled to additional compensation for services rendered during the extended period.
(a) The board of trustees of a school district pursuant to chapter 288 of NRS;
or (b) The governing body of a charter school pursuant to NRS 388A.533 , [or 388B.400 to 388B.450, inclusive,] the provisions of the agreement or contract regarding that subject supersede any conflicting provisions of this section or of a regulation of the board of trustees.
of this section or of a Sec.
(d) At least annually, evaluate the effectiveness of those programs;pro(e) Establish a procedure for schools and school districts for the reporting of the status of pupils as habitual truants;
- *AB78_R2* – 36 – (e) Establish a procedure for schools and school districts for the reporting of the status of pupils as habitual truants;
Upon receipt of such a notice, the board of trustees shall establish rules and - 80th Session (2019) – 36 – procedures for each such subcommittee.
As used in this subsection, “family resource center” has the meaning ascribedasc4.bedAn advisory board to itreview school attendance created in a county pursuant to NRS 430A.040.392.126 may use money appropriated by the Legislature and any other money made available to the advisory board for the use of programs to reduce the truancy of pupils in the school district.
4.
An advisory board to review school attendance created in a county pursuant to NRS 392.126 may use money appropriated by the Legislature and any other money made available to the advisory board for the use of programs to reduce the truancy of pupils in the school district.
§ 2790 before that section was repealed and is included in the definition of an “eligible entity” pursuant to 42 U.S.C.
§ 9902, the Nevada Rural Housing Authority, an airport authority created by special act of the Legislature, a regional transportation commission and a fire protection district, an irrigation district, a school district, [the Achievement School District,] the governing body of a charter school, any other special district that performs a governmental function, even though it does not exercise general governmental - *AB78_R2* – 37 – powers, and the governing body of a university school for profoundly gifted pupils.
- 80th Session (2019) – 37 – 2.
(g)workday Totalor hoursworkweek.f of work required of an employee on each workday(h) orTotal workweek.number of days’ work required of an employee in a work year.
(h) Total number of days’ work required of an employee in a work year.
(r) Safety of the employee.
- *AB78_R2* – 38 – (u) Except as otherwise provided in subsections 7 [,] and 9 , [and 10,] the policies for the transfer and reassignment of teachers.
- 80th Session (2019) – 38 – (a) Except as otherwise provided in paragraph (u) of subsection 2, the right to hire, direct, assign or transfer an employee, but excluding the right to assign or transfer an employee as a form of discipline.
(1) Appropriate staffing levels and work performance standards,standar(2) The content of the workday, including without limitation workload factors, except for safety considerations;
(2) The content of the workday, including without limitation workload factors, except for safety considerations;
(1) If the amount of revenue received by the general fund of the local government employer during the last preceding fiscal year from all sources, except any nonrecurring source, declined by 5 percent or more from the amount of revenue received by the general fund from all sources, except any nonrecurring source, during thethel next preceding fiscal year, as reflected in the reports of the annual audits conducted for those fiscal years for the local government employer pursuant to NRS 354.624;
or - *AB78_R2* – 39 – (2) If the local government employer has budgeted an unreserved ending fund balance in its general fund for the current fiscal year in an amount equal to 4 percent or less of the actual expenditures from the general fund for the last preceding fiscal year, and the local government employer has provided a written explanation of the budgeted ending fund balance to the Department of Taxation that includes the reason for the ending fund balance and the manner in which the local government employer plans to increase the ending fund balance.
- 80th Session (2019) – 39 – (b) Take whatever actions may be necessary to carry out its responsibilities in situations of emergency such as a riot, military action, natural disaster or civil disorder.
The provisions of this chapter, including without limitation the provisions of this section, recognize and declare the ultimate right and responsibility of the local government employer to manage its operation in the most efficient manner consistent with the best interests of all its citizens, its taxpayers and its employees.
Any provision of an agreement negotiated pursuant to this chapter which differs from or conflicts in any way with the provisions of subsection 7 or imposes consequences on the board of trustees of a school district or the principal of a school for taking any action authorized pursuant to subsection 7 is unenforceable and void.
[The board of trustees of a school district may reassign any member of the staff of a school that is converted to an achievement charter school pursuant to NRS 388B.200 to 388B.230, inclusive, - *AB78_R2* – 40 – and any provision of any agreement negotiated pursuant to this chapter which provides otherwise is unenforceable and void.
10.] The board of trustees of a school district or the governing body of a charter school or university school for profoundly gifted pupils may use a substantiated report of the abuse or neglect of a child or a violation of NRS 201.540, 201.560, 392.4633 or 394.366 obtained from the Statewide Central Registry for the Collection of - 80th Session (2019) – 40 – Information Concerning the Abuse or Neglect of a Child established by NRS 432.100 or an equivalent registry maintained by a governmental agency in another jurisdiction for the purposes authorized by NRS 388A.515, 388C.200, 391.033, 391.104 or 391.281, as applicable.
[11.]not 10.require, the local government employer to negotiate subjectoes matters enumerated in subsection 3 which are outside the scope of mandatory bargaining.
This section does not preclude, but this chapter does not require, the local government employer to negotiate subject matters enumerated in subsection 3 which are outside the scope of mandatory bargaining.
The governing body or its authorized representative may dispose of personal property of the local government by any manner, including, without limitation, at public auction, if the governing body or its authorized representative determines that the property is no longer required for public use and deems such action desirable and in the best interests of the local government.
The board of trustees of a school district may donate surplus personal property of the school district to any other school district in - *AB78_R2* – 41 – this State [, to the Achievement School District] or to a charter school that is located within the school district without regard to:
- 80th Session (2019) – 41 – (3) The selling or leasing of personal property by contract or at a public auction.
361.065 All lots, buildings and other school property owned by any legally created school district [, the Achievement School District] or a charter school within the State and devoted to public schoolschSec. purposes are exempt from taxation.
Sec.80.6.es Chapter 656A of NRS is hereby amended by adding thereto a new section to read as follows:
80.6.
Chapter 656A of NRS is hereby amended by adding thereto a new section to read as follows:
Sec.achievement charter school and any application to operate an achievement charter school pursuant to NRS 388B.200 that has been approved shall be deemed to be approved by the State Public Charter School Authority to operate as a charter school sponsored by the State Public Charter School Authority.
80.75.
1.
On the effective date of this act, any achievement charter school and any application to operate an achievement charter school pursuant to NRS 388B.200 that has been approved shall be deemed to be approved by the State Public Charter School Authority to operate as a charter school sponsored by the State Public Charter School Authority.
Upon the - *AB78_R2* – 42 – execution of such a charter contract, the school shall be deemed a charter school for all purposes and is subject to the provisions of chapter 388A of NRS.
A contract to operate an achievement charter school entered into pursuant to paragraph (d) of subsection 1 of - 80th Session (2019) – 42 – NRS 388B.210 before the effective date of this act is void on the date on which the charter contract is executed or on July 1, 2020, whichever occurs sooner.
Until a charter contract is entered into pursuant to subsection 2 or the contract to operate an achievement charter school is void pursuant to subsection 2, the State Public Charter Authority shall be deemed the sponsor of the achievement charter school and shall assume the duties prescribed for the Executive Director of the Achievement School District in any contract to operate the achievement charter school entered into pursuant to paragraph (d) of subsection 1 of NRS 388B.210, as that section existed before thethe) of effective date of this act.
Notwithstanding the selection of any school before the effective date of this act for conversion to an achievement charter school pursuant to NRS 388B.200 beginning with the 2020- 2021 school year, no action may be taken on or after the effective date of this act to complete the conversion or operate the school as an achievement charter school and any contract entered into to operate the school as an achievement charter school is void.
The Legislative Counsel shall remove those regulations from the Nevada Administrative Code as soon as practicable after the effective date of this2. act.
2.
NRS 0.0302, 0.0307, 388A.025, 388B.010, 388B.020, 388B.030, 388B.040, 388B.050, 388B.060, 388B.100, 388B.110, 388B.120, 388B.200, 388B.210, 388B.220, 388B.230, 388B.240, 388B.250, 388B.260, 388B.270, 388B.280, 388B.290, - *AB78_R2* – 43 – 388B.400, 388B.410, 388B.420, 388B.430, 388B.440 and 388B.450 are hereby repealed.
- 80th Session (2019) – 43 – Sec.
LEADLINES~~~~~ OF19 REPEALED- SECTIONS80th 0.0302Session “Achievement(2019) School District” defined.
0.0307 “Charter school” defined.
388A.025 “Charter school” defined.
388B.010 Definitions.
388B.020 “Charter management organization” defined.
388B.030 “Educational management organization” defined.
388B.040 “Executive Director” defined.
388B.060 Regulations.ol” defined.
388B.100 Creation;
employees.
388B.110 Executive Director:
Appointment;
powers and duties.
388B.120 Account for the Achievement School District:
Creation;
administration;
use;
deposit of gifts, grants and bequests;
claims.
388B.200 Conversion to achievement charter school:
Eligibility;
approval by State Board;
selection of school;
notification to school.
388B.210 Duties of Executive Director concerning conversion of school to achievement charter school;
regulations that prescribe process to apply to operate achievement charter school;
approval of application to operate more than one achievement charter school.
388B.220 Sponsor;
appointment of governing body;
Executive Director authorized to terminate contract to operate achievement charter school before expiration of contract.
388B.230 Selection and duties of principal;
retention and reassignment of employees;
requirement to operate in same building;
building costs and expenses;
capital projects;
enrollment requirement;
limitation on loans, advances and oth388B.240aryAchievement charter school deemed local educational agency;
Department to pay special education program units to eligible achievement charter school.
- *AB78_R2* – 44 – achievement charter schools;
waiver of certain requirements concerning operation.
388B.260 Board of trustees to provide services and facilities upon request of Executive Director;
donation of surplus property of school district;
authorization to acquire or purchase buildings, structures or property and engage in certain financial transactions.
388B.270 Application for money for facilities;
certain achievement charter schools required to submit quarterly report of financial status.
388B.280 Participation by pupils in class or activity of school district in which pupil resides;
revocation of approval to participate.
388B.290 Evaluation of achievement charter school during sixth year of operation;
actions taken based upon results of evaluation;
actions required if school that has not made district;
conversion to public school or charter school.hool 388B.400 Leave of absence from school district to accept or continue employment with achievement charter school;
return of licensed employee to school district.
388B.410 Employees deemed to be public employees;
terms and conditions of employment;
transfer of employment records with school district to governing body.
388B.420 Reassignment of licensed employees upon termination of contract or cessation of operation as achievement charter school.
388B.430 Governing body to transmit employment record to school district upon request of board of trustees;
investigation into misconduct during leave of absence.
388B.440 Eligibility for benefits of licensed employee on leave of absence;
effect of leave of absence;
eligibility of emp388B.450 acDeterminationrter ofhoolappropriatets.
level of contribution toward retirement benefits;
participation in plan of group insurance offered to employees of school district.
H - *AB78_R2*
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Amendments
2 amendmentsClick Show changes on an amendment above to see how it modifies the bill.
Action History
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Chapter 338.
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Approved by the Governor.
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Enrolled and delivered to Governor.
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Senate Amendment No. 706 concurred in. To enrollment.
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In Assembly.
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Read third time. Passed, as amended. Title approved. (Yeas: 16, Nays: 4, Excused: 1.) To Assembly.
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From printer. To re-engrossment. Re-engrossed. Second reprint. Taken from General File. Placed on General File for next legislative day.
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From committee: Amend, and do pass as amended. Placed on Second Reading File. Read second time. Amended. (Amend. No. 706.) To printer.
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In Senate. Read first time. Referred to Committee on Education. To committee.
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From printer. To engrossment. Engrossed. First reprint. Read third time. Passed, as amended. Title approved, as amended. (Yeas: 41, Nays: None, Excused: 1.) To Senate.
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From committee: Amend, and do pass as amended. Placed on Second Reading File. Read second time. Amended. (Amend. No. 178.) To printer.
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Read first time. To committee.
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From printer.
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Prefiled. Referred to Committee on Education. To printer.
Sponsors
- Assembly Committee on Education · Primary
Sponsorship breakdown
Export CSV (upgrade) →1 sponsors · 0 co-sponsors · 66 not signed on
Sponsors (1)
- Assembly Committee on Education
Co-sponsors (0)
None.
Not signed on (66)
66 members have not signed on to this bill.
Show all 66 →"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.
Subjects
Frequently asked questions
- What does AB 78 do?
- AN ACT relating to education; revising provisions governing the operations of the State Public Charter School Authority; abolishing the Achievement School District; requiring an existing achievement charter school to convert to a charter school under the sponsorship of the State Public Charter School Authority or cease operations; and providing other matters properly relating thereto.
- Who sponsors AB 78?
- AB 78 is sponsored by Assembly Committee on Education.
- What is the current status of AB 78?
- This bill has been enacted into law. Introduced November 20, 2018. Enacted.
- Where can I track AB 78?
- Track AB 78 free on One Click Politics — get push/email alerts when it moves.
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