SB 321 — Abolishes the Achievement School District. (BDR 34-682)

The board ofofd in trustees of each school district shall report the information required by NRS 385A.070 to 385A.320, inclusive, for each charter school mustsponsored beby reportedthe separately.rict.school district.

The information for charter schools 2.must be reported separately.

The2. board of trustees of each school district shall, on or preceding school year a single annual report of accountability concerning the educational goals and objectives of the school district, the information prescribed by NRS 385A.070 to 385A.320, inclusive, and such other information as is directed by the Superintendent of Public Instruction.

The board of trustees of each school district shall, on or before December 31 of each year, prepare for the immediately preceding school year a single annual report of accountability concerning the educational goals and objectives of the school district, the information prescribed by NRS 385A.070 to 385A.320, inclusive, and such other information as is directed by the Superintendent of Public Instruction.

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 minimum numberstatistically ofreliable pupilsinformation.group that must be in a group for that group to yield statistically3. reliable information.

3.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, on or before December 31 of each year, prepare for the immediately preceding school year an annual report of accountability of the charter schools sponsored by the State Public Charter School Authority [, Achievement School District] or institution, as applicable, concerning the accountability information prescribed by the Department pursuant to this section.

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- a80th charterSession school(2019) shall, on or before December 31 of each year, prepare for the - *SB321_R2* – 6 – immediatelysponsors precedinga schoolcharter yearschool, anshall annualprescribe reportby ofregulation accountabilitythe ofinformation thethat chartermust schoolsbe sponsoredprepared by the State Public Charter School Authority [, Achievement School District] orand institution, as applicable, concerningwhich themust accountabilityinclude, without limitation, the information prescribedcontained byin thesubsection Department2 pursuantand NRS 385A.070 to this385A.320, section.inclusive, as applicable to charter schools.

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 contained in subsection 2 and NRS 385A.070 to 385A.320, inclusive, as applicable to charter schools.

4.section must be presented in an understandable and uniform formatis and, to the extent practicable, provided in a language that parents can understand.

The annual report of accountability prepared pursuant to this section must be presented in an understandable and uniform format and, to the extent practicable, provided in a language that parents can understand.

(a) Prescribe forms for the reports required pursuant to NRS 385A.070 and provide the forms to the respective school districts, 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.

Nevada (b) Provide statistical information and technical assistance to the school districts, 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 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.

(2) Nevada Association of School Boards;

and (7) Charter School Association of Nevada, - *SB321_R2* – 7 –  concerning the program adopted pursuant to subsection 1 of NRS 385A.070 and consider any advice or recommendations submitted by the representatives with respect to the program.

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 or - 80th Session (2019) – 7 – recommendations submitted by the representatives with respect to the program.

(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] ororte Public institution, if any, or otherwise provide written notice of the availability of the report.

(4) Committee;

and (6) The Attorney General, with a specific reference to the 1information ofthat NRSis 385A.250.s reported pursuant to paragraph (e) of subsection (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.070385A.250. 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(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 districtshall doesprovide notfor maintainpublic dissemination of the annual report of accountability prepared pursuant to NRS 385A.070 by posting a website,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 the district shall otherwise provide for public dissemination of thethee, annual report by providing a copy of the report to the schools in the school district, including, without limitation, each charter school sponsored by the district, the residents of the district, and the parents and guardians of pupils enrolled in schools in the district, including, without limitation, each charter school sponsored by the district.

If the State Public Charter School Authority [, the Achievement School District] or the institution does not maintain a website, the - *SB321_R2* – 8 – 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 guardians of pupils enrolled in each charter school it sponsors.

- 80th Session (2019) – 8 – 2.

385A.240pursuant 1.to NRS 385A.070 must include information on therepared attendance, truancy and transiency of pupils, including, without limitation:

The annual report of accountability prepared pursuant to NRS 385A.070 must include information on the attendance, truancy and transiency of pupils, including, without limitation:

(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.

(b) The number of pupils in each grade who are retained in the same grade pursuant to NRS 392.033, 392.125 or 392.760, for each limitation, each charter school sponsored by the district.ing, without (c) The transiency rate of pupils for each school in the district and the district as a whole, including, without limitation, each charter school sponsored by the district.

(c) The transiency rate of pupils for each school in the district and the district as a whole, including, without limitation, each charter school sponsored by the district.

- *SB321_R2* – 9 – (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:

- 80th Session (2019) – 9 – (1) Reported to an attendance officer, a school police officer or a local law enforcement agency pursuant to paragraph (a) of subsection 2 of NRS 392.144;

(a) The board of trustees of each school district shall submit to each advisory board to review school attendance created in thethemit to 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.d385A.070. by the Department Sec.

Sec.

of each year, prepare for the immediately preceding school year a single annual report of accountability that includes, without limitation the information prescribed by NRS 385A.400 to1. 385A.520, inclusive.

The State Board shall, on or before January 15 of each year, prepare for the immediately preceding school year a single annual report of accountability that includes, without limitation the information prescribed by NRS 385A.400 to 385A.520, inclusive.

A separate reporting for a group of pupils must not be made pursuant to NRS 385A.400 to 385A.520, 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.

- *SB321_R2*80th Session (2019) – 10 – 4.

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 governing body of a charter school [, the Executive Director of the Achievement School District] or a member of the general public, the Stateof Boardaccountability.provide shall provide a portion or portions of the annual report ofSec. accountability.

Sec.

If a charter school is 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 determination forffor the charter school in consultation with the State Public Charter School Authority [, the Achievement School District] or the institution within the Nevada System of Higher Education that sponsors the charter school, as applicable.

The determination made for each school must be based only upon the information and data for those pupils who are enrolled in the school for a full academic year.

- 80th Session (2019) – 11 – (d)] The determination made for the charter school to the institution that sponsors the charter school if a charter school is - *SB321_R2* – 11 – sponsored by a college or university within the Nevada System of Higher Education.

(a) The Department shall not determine that the school has failed to meet the performance targets established pursuant to the statewideupon systemthat ofparticular accountabilitygroup.ability for public schools based solely upon(b) thatThe particularpupils group.in such a group must be included in the overall count of pupils enrolled in the school who took the examinations.

(b) The pupils in such a group must be included in the overall count of pupils enrolled in the school who took the examinations.

5.

As used in this section:

it(b) in“Irregularity NRS 390.260.ty in testing security” has the meaning ascribed to it Sec.

The Department shall make preliminary ratings for all charter schools sponsored by the State Public Charter School Authority [, all charter - 80th Session (2019) – 12 – schools sponsored by the Achievement School District] and all charter schools sponsored by a college or university within the Nevada System of Higher Education.

- *SB321_R2* – 12 – 2.

If the school is a public school of the school district or a charter school sponsored by the board of trustees, the board of trustees of the school district shall, in consultation with the Department, make a final determination concerning the rating for the school on September 15.

The Superintendent of Public Instruction shall deposit the money with the State Treasurer, who shall make disbursements therefrom on warrants of the State Controller issued upon the order of the Superintendent of Public Instruction.

The Director may enter into agreements with any agency of the Federal Government, the Department, the State Board, - 80th Session (2019) – 13 – [the Achievement School District,] any board of trustees of a school district, any governing body of a charter school or any other entity or person.

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 - *SB321_R2* – 13 – establishment, maintenance, operation and expansion of any program of nutrition operated by a school district or of any other such program for which state or federal assistance is provided.

The State Treasurer shall disburse federal, state and other money designated for a program of nutrition on warrants of the State Controller issued upon the order of the Director pursuant totohe State regulations or policies of the State Department of Agriculture.

Use therefor money disbursed to them pursuant to the provisions of NRS 387.068 to 387.1175, inclusive, gifts, donations and other money received from the sale of food under those pro3.amsDepositprograms. the money in one or more accounts in one or more banks or credit unions within the State.

andbanks facilitiesor forcredit theunions operationwithin of the programs.supplies,State. equipment Sec.

accounts in one or more 4.

Contract with respect to food, services, supplies, equipment and facilities for the operation of the programs.

Sec.

- 80th Session (2019) – 14 – (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 school and the count of pupils who are enrolled in a university school for profoundly gifted pupils located in the county.

- *SB321_R2* – 14 – (2) The count of pupils not included under subparagraph (1) who are enrolled full-time in a program of distance education provided by that school district, a charter school located within that school district or a university school for profoundly gifted pupils, based on the average daily enrollment of those pupils during thetheils, quarter.

(4) The count of pupils not included under subparagraph (1), (2) or (3), who are receiving special education pursuant to the provisions of NRS 388.417 to 388.469, inclusive, and 388.5251 to pupils during the quarter and excluding the count of pupils whohose have not attained the age of 5 years and who are receiving special educat(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 388.435,388.435. based on the average daily enrollment of those pupils during the quarter.

(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.

- 80th Session (2019) – 15 – (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 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 - *SB321_R2* – 15 – services are provided to those pupils per school day in proportion to the total time services are provided during a school day to pupils to who are counted pursuant to subparagraph (1).

If the Department determines that a school district or charter school deliberately causes a decline in the enrollment of pupils in the school district or charter school to receive a higher apportionment pursuant to subsection 3, including, without limitation, by eliminating grades or moving into smaller facilities, the enrollment number from the current school year must be usedusedties, for purposes of apportioning money from the State Distributive NRSSchool 387.124.ntAccount to that school district or charter school pursuant to 5.NRS 387.124.

The5. Department shall prescribe a process for reconciling the pupils who leave the school district or a public school during ther 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.

Pupils who are incarcerated in a facility or institution operated by the Department of Corrections must not be counted for - 80th Session (2019) – 16 – 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 distancedistancee - *SB321_R2* – 16 – 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 the county, for:

(f) Pupils who are enrolled in classes pursuant to subsection 1 of NRS 388A.471 [,] and pupils who are enrolled in classes pursuant 1 of to subsection 1 of NRS 388A.474 .

[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.] of(g) NRSPupils 392.074.howho are enrolled in classes pursuant to subsection 1 (h)of PupilsNRS who392.074. are enrolled in classes and taking courses necessary to receive a high school diploma, excluding those pupils who are included in paragraphs (d), (f) and (g).

2.(h) Pupils who are enrolled in classes and taking courses necessary to receive a high school diploma, excluding those pupils who are included in paragraphs (d), (f) and (g).

- 80th Session (2019) – 17 – 2.

(c) Except as otherwise provided in this paragraph, shall prohibit the counting of a pupil enrolled in grade 12 as a full-time pupil if the pupil is not prepared for college and career success, as defined by the Department.

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 - *SB321_R2* – 17 – of six periods per day or the superintendent of the school district has approved enrollment in fewer courses for good cause.

4.with approval of the State Board.ganized unit of instruction operating 5.

A special school is an organized unit of instruction operating with approval of the State Board.

5.

of388.795 educational1. technology in the public schools of this State.

The Commission shall establish a plan for the use of educational technology in the public schools of this State.

school(a) districtsPlans andthat charterhave schoolsbeen inadopted thisby State;ntthe Department and the (b)school Plansdistricts thatand havecharter beenschools adopted in otherthis states;State;

(c)(b) ThePlans informationthat reportedhave pursuantbeen toadopted NRS 385A.310 and similar information included in theother annualstates; report of accountability information prepared by the State Public Charter School Authority [, 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;

- 80th Session (2019) – 18 – (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 [, 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;

and (e) Any other information that the Commission or the CommitteeCom2. deems relevant to the preparation of the plan.

2.

- *SB321_R2* – 18 – (c) Increase the availability of educational technology to assist licensed teachers and other educational personnel in complying with the requirements of continuing education, including, without limitation, the receipt of credit for college courses completed through the use of educational technology;

(b)(c) Equipment;Office space,d  as is necessary for the Commission to carry out the provisions of this section.

and (c) Office space,  as is necessary for the Commission to carry out the provisions of this section.

(a)5. Develop technical standards for educational technology and any electrical or structural appurtenances necessary thereto, hardware and wiring, to ensure that such technology is compatible, uniform and can be interconnected throughout the public schools of this State.

The Commission shall:

(a) Develop technical standards for educational technology and any electrical or structural appurtenances necessary thereto, including, without limitation, uniform specifications for computer - 80th Session (2019) – 19 – hardware and wiring, to ensure that such technology is compatible, uniform and can be interconnected throughout the public schools of this State.

(c) Establish criteria for the board of trustees of a school district that receivesre(1) anRepair, allocationreplace ofand moneymaintain fromcomputer thesystems.to: Commission to:

(1) Repair, replace and maintain computer systems.

- *SB321_R2* – 19 – (e) Review the plan annually and make revisions as it deems necessary or as directed by the Committee or the Department.

(a) The recommendations set forth in the plan pursuant to subsectionsub(b) 2;The plan for educational technology of each school district, if applicable;

(b) The plan for educational technology of each school district, if applicable;

The Superintendent of Public Instruction shall prepare a written compilation of the results of the assessment conducted by the Commission and transmit the written compilation on or before June 1 of each even-numbered year to the Legislative Committee on - 80th Session (2019) – 20 – Education and to the Director of the Legislative Counsel Bureau for transmission to the next regular session of the Legislature.

composed8. of members of the Commission or other qualified persons 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.

The Commission may appoint an advisory committee servescomposed atof themembers pleasure of the Commission andor withoutother compensationqualified unlesspersons anto appropriationprovide orrecommendations otherto moneythe Commission regarding standards for thatthe purposeestablishment, iscoordination providedand byuse of a telecommunications network in the Legislature.public schools throughout the various school districts in this State.

9.The advisory committee serves at the pleasure of the Commission and without compensation unless an appropriation or oth9.

AsmoAs 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 title 5 of NRS.

Except as otherwise provided in subsection 2, if any person who knows or has reasonable cause to believe that another person has made a threat of violence against a school official, school employee or pupil reports in good faith that threat of violence to a school official, teacher, school police officer, local law enforcement agency or potential victim of the violence that is - *SB321_R2* – 20 – threatened, the person who makes the report is immune from civil liability for any act or omission relating to that report.

(a) Is acting in his or her professional or occupational capacity and200.50935, is392.303 or 432B.220.t pursuant to NRS 200.5093, (b) Is required to make a report pursuantconcerning tothe NRScommission 200.5093,of 200.50935,a 392.303violent or 432B.220.sexual offense against a child pursuant to NRS 202.882.

(b) Is required to make a report concerning the commission of a violent or sexual offense against a child pursuant to NRS 202.882.

or - 80th Session (2019) – 21 – (2) The governing body of a charter school .

or (c)(3) “SchoolThe official”Achievement means:lSchool District.] (1)(c) A“School memberofficial” ofmeans: the board of trustees of a school district.

(1) A member of the board of trustees of a school district.

(2) A member of the governing body of a charter school.

[(4) The Executive Director of the Achievement School District.] (d) “Teacher”(1) meansBoard of trustees of a personschool employeddistrict byto the:provide instruction or other educational services to pupils enrolled in public schools of the school district.

(1) Board of trustees of a school district to provide instruction or other educational services to pupils enrolled in public schools of the school district.

- *SB321_R2* – 21 – 1.

(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.

[except as otherwise provided in NRS 388B.290.] - 80th Session (2019) – 22 – Sec.

A committee to form a charter school or charter management organization may submit the application to the providedproposed insponsor NRS 388B.290, if] If an application proposes to convert an existing public school, homeschool or other program of homethe application.charter school.

[Except as otherwise provided in NRS 388B.290, if] If an application proposes to convert an existing public school, homeschool or other program of home study into a charter school, the proposed sponsor shall deny the 2.application.

The2. proposed sponsor of a charter school shall, in reviewing an application to form a charter school:

The proposed sponsor of a charter school shall, in reviewing an (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 schools, to review and evaluate the application;

- *SB321_R2* – 22 – 3.

(1) Complies with this chapter and the regulations applicable to charterchar(2) schools;Is complete in accordance with the regulations of the Department and the policies and practices of the sponsor;

and (2) Is complete in accordance with the regulations of the Department and the policies and practices of the sponsor;

(a) A list of each application to form a charter school that was submitted to the board of trustees of a school district, the State - 80th Session (2019) – 23 – Public Charter School Authority, a college or a university during the immediately preceding biennium;

and Sec.(d) If the application was denied, the reasons for the denial.

Sec.

NRS 388G.050 is hereby amended to read as follows:al.follows:

There is hereby established a Program of ProgramEmpowerment doesSchools not include a university school for profoundlypublic giftedschools pupilswithin .this State.

[orThe anpupils achievement. charter school.] 2.

[or an achievement charter school.] for profoundly gifted 2.

If such a design team is created, the membership - *SB321_R2* – 23 – of the design team must consist of the following persons appointed by the board of trustees:

(a)(b) AtTheleassuperintendenttatofe leastothehe oneschoolof representativedistrict, ofor the boardsuperintendent’s ofdesignee; trustees;

(b) The superintendent of the school district,or the superintendent’s designee;

- 80th Session (2019) – 24 – 5.

grants6. and donations from any source for the support of the gifts, empowerment schools within the school district.

390.265The “Schoolboard official”of means:mendedtrustees toof reada asschool follows:district may accept gifts, grants and donations from any source for the support of the empSec.

25.

NRS 390.265 is hereby amended to read as follows:

390.265 “School official” means:

- *SB321_R2* – 24 – (b) Procedures necessary to ensure the security of test materials andand(c) Procedures that specifically set forth the consistencyaction that must be taken in response to a report of an irregularity in testing administration.administration or testing security and the actions that must be taken during an investigation of such an irregularity.

(c) Procedures that specifically set forth the action that must be taken in response to a report of an irregularity in testing administration or testing security and the actions that must be taken during an investigation of such an irregularity.

(d) Objective criteria that set forth the conditions under which a school, including, without limitation, a charter school or a school - 80th Session (2019) – 25 – district, or both, is required to file a plan for corrective action in response to an irregularity in testing administration or testing security for the purposes of NRS 390.295.

2.1.

A member of a governingboard bodyof trustees of a charterschool school;district;

or;

A licensed or unlicensed person employed by the board of trustees of a school district [,] or the governing body of a charter school .

[or the Achievement School District.]ningDistrict.] body of a charter Sec.

A school month in any public school in this State consists of 4 weeks of 5 days each.

Boards of trustees shall either prescribe by regulation or negotiate pursuant to chapter 288 of NRS, with respect to sick leave, accumulation of sick leave, payment for unused sick leave, sabbatical leave, personal leave, professional leave, military leave - *SB321_R2* – 25 – and such other leave as they determine to be necessary or desirabledesirablee for employees.

Except as otherwise - 80th Session (2019) – 26 – 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’s former school district or charter school to his or her new school district or charter school.

Unless the applicableor negotiatedcharter agreementschool orprovides policyotherwise, ofsuch thean employingemployee:ing district or (a) Shall first use the sick leave credited to the employee from the district or charter school into which the employee transferred bef(b)before Isusing not entitled to compensation for any sickof leavethe transferred pursuantleave; to this subsection.

and (b) Is not entitled to compensation for any sick leave transferred pursuant to this subsection.

(b) If, on account of sickness, epidemic or other emergency in the community, a longer intermission is ordered by the board of 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 board of trustees of a school district or the governing body of a charter school orders an extension of the number of days of school to compensate for the days lost as the result of an intermission because of those reasons contained in paragraph (b) of subsection 7, an employee may be required to render his or her - *SB321_R2* – 26 – services to the school district or charter school during that 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,] - 80th Session (2019) – 27 –  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.

(a) Review the records of the attendance and truancy of pupils submitted to the advisory board to review school attendance by the board of trustees of the school district or the State Public Charter School Authority [, the Achievement School District] or a college or university within the Nevada System of Higher Education thatthatllege or sponsors a charter school pursuant to subsection 2 of NRS(b)NRS Identify385A.240; factors that contribute to the truancy of pupils in the school district;

school(b) district,Identify including,factors withoutthat limitation,contribute the coordination of services available in the community to assist with the intervention,truancy diversion and discipline of pupils whoin arethe truant;school district;

(c) Establish programs to reduce the truancy of pupils in the school district, including, without limitation, the coordination of services available in the community to assist with the intervention, diversion and discipline of pupils who are truant;

The advisory board may delegate one or more of the duties of the advisory board to a subcommittee of the advisory board, including, without limitation, holding hearings pursuant to NRS 392.147.

Upon receipt of such a notice, the board of trustees shall establish rules and - *SB321_R2* – 27 – procedures for each such subcommittee.

- 80th Session (2019) – 28 – As used in this subsection, “family resource center” has the meaning ascribed to it in NRS 430A.040.

The advisory board to review school attendance shall, on a quarterly basis, provide to the board of trustees of the school district an accounting of the money used by the advisory boardthe to review school district.ol attendance to reduce the truancy of pupils in theSec. school district.

Sec.

§ 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 powers, and the governing body of a university school for profoundly gifted pupils.

Except as otherwise provided in subsection 4 and NRS 354.6241, every local government employer shall negotiate in good faith through one or more representatives of its own choosing concerning the mandatory subjects of bargaining set forth in subsection 2 with the designated representatives of the recognized employee organization, if any, for each appropriate bargaining unit among its employees.

- *SB321_R2* – 28 – (b) Sick leave.

- 80th Session (2019) – 29 – (g) Total hours of work required of an employee on each workday or workweek.

(l)(m) DeductionProtection of duesemployees forin the recognizedbargaining employeeunit organization.fromization.

(m) Protection of employees in the bargaining unit from discrimination because of participation in recognized employee organizations consistent with the provisions of this chapter.

(o) Grievance and arbitration procedures for resolution of disputes relating to interpretation or application of collective bar(p)bargaining Generalagreements. savings clauses.

(p) General savings clauses.

(r) Safety of the employee.

(w) Procedures consistent with the provisions of subsection 4 for the reopening of collective bargaining agreements for additional, further,emergency.ew new or supplementary negotiations during periods of fiscal emergency.3.

3.

- *SB321_R2* – 29 – (b) The right to reduce in force or lay off any employee because of lack of work or lack of money, subject to paragraph (v) of subsection 2.

- 80th Session (2019) – 30 – (1) Appropriate staffing levels and work performance standards, except for safety considerations;

Notwithstanding the provisions of any collective bargaining agreementemployer negotiatedis pursuantentitled to:suant to this chapter, a local government employer(a) isReopen entitleda to:collective bargaining agreement for additional, further, new or supplementary negotiations relating to compensation or monetary benefits during a period of fiscal emergency.

(a) Reopen a collective bargaining agreement for additional, further, new or supplementary negotiations relating to compensation or monetary benefits during a period of fiscal emergency.

(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 5year5 percent or more from the amount of revenue received by the general fund from all sources, except any nonrecurring source, during the 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 (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 writtenwritteng fiscal year, 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.

- *SB321_R2* – 30 –  Any action taken under the provisions of this subsection must not be construed as a failure to negotiate in good faith.

- 80th Session (2019) – 31 – 5.

If the sponsor of a charter school reconstitutes the governing body of a charter school pursuant to NRS 388A.330, the new governing body may terminate the employment of any teachers or other employees of the charter school, and any provision of any agreementotherwise negotiatedis pursuantunenforceable toand thisvoid.s chapter that provides otherwise7. is unenforceable and void.

7.

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 void.ctionany action authorized pursuant to subsection 7 is unenforceable and 9.void.

[The9. 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, and any provision of any agreement negotiated pursuant to this chapter which provides otherwise 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, chapter which provides otherwise is unenforceable and void.his 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 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.

Any provision of any - *SB321_R2*80th Session (2019) – 3132 – agreement negotiated pursuant to this chapter which conflicts with the provisions of this subsection is unenforceable and void.

Contract provisions presently existing in signed and ratifiednegotiable.reements agreements as of May 15, 1975, at 12 p.m.

remain negotiable.[13.] 12.

[13.] 12.

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 government.actiondeems such action desirable and in the best interests of the local 2.government.

The2. board of trustees of a school district may donate surplus personal property of the school district to any other school district in this State [, to the Achievement School District] or to a charter school that is located within the school district without regard to:

The board of trustees of a school district may donate surplus this State [, to the Achievement School District] or to a charterrict in school that is located within the school district without regard to:

361.065 All lots, buildings and other school property owned by any legally created school district [, the Achievement School - 80th Session (2019) – 33 – District] or a charter school within the State and devoted to public school purposes are exempt from taxation.

- *SB321_R2* – 32 – Sec.

656A.020 As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 656A.025 to 656A.065, inclusive, and section 34 of this act have the meanings ascribed to them in those sections.

of this act have the meanings Sec.

Upon the execution of such a 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 schoolterschool entered into pursuant to paragraph (d) of subsection 1 of NRS which388B.210 before the chartereffective date of this act is void on the date on occurs sooner.ter contract is executed or on July 1, 2020, whichevernwhichever occurs3. sooner.

3.Until a charter contract is entered into pursuant to subsection or the contract to operate an achievement charter school is void pursuant to subsection 2, the State Public Charter School 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 the effective date of this act.

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 School 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 the effective date of this act.

- 80th Session (2019) – 34 – (a) “Achievement charter school” has the meaning ascribed to it in NRS 385.007, as that section existed before the effective date of this act.

- *SB321_R2* – 33 – Sec.

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, in preparing supplements to the Nevada Administrative Code, appropriately change any references to an officer, agency or other entity whose name is changed or whose responsibilities are transferred pursuant to the provisions of this act to refer to the appropriate officer, agency or other entity.

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.050 “Public school” defined.

388B.060 Regulations.

388B.100 Creation;

employees.

388B.110 Executive Director:

Appointment;

powers and duties.

- *SB321_R2* – 34 – 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:

notification to school.y State Board;

selection of 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 other monetary charges.

educational agency;

Department to pay special education local program units to eligible achievement charter school.

388B.250 Applicability of charter school provisions to 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 par388B.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 adequate progress continues to operate as achievement school district;

conversion to public school or charter school.

388B.400 Leave of absence from school district to accept or continue employment with achievement charter school;

return of licensed employee to school district.

- *SB321_R2* – 35 – 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.

leave of absence;

effect of leave of absence;

eligibility ofon employee of achievement charter school for benefits.

388B.450 Determination of appropriate level of contribution toward retirement benefits;

participation in plan of group insurance offered to employees of school district.

H - *SB321_R2*