Nevada 2021 Regular Session Status: Enacted

AB 68 — Makes various changes relating to charter schools. (BDR 34-286)

Last action — Chapter 80.

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Assembly
  4. ✓
    Passed Senate
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced November 18, 2020. Enacted.

Prognosis

Advancing 50% · moderate confidence

Where this bill stands today.

Odds of enactment

High

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  • Enacted

    Current position in the legislative process.

  • 1 sponsor

    1 primary, 0 co-sponsors signed on.

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Bill Text

What changed in the latest version

319 added · 346 removed

319 line(s) added, 346 removed.

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(Reprinted with amendments adopted on April 14, 2021) FIRST REPRINT A.B.
Assembly Bill No.
68 A SSEMBLY B ILLN O.
68–Committee on Education CHAPTER..........
68–COMMITTEE ON EDUCATION (ON B EHALF OF THE STATE PUBLIC C HARTER SCHOOL A UTHORITY ) PREFILED N OVEMBER 18, 2020 ____________ Referred to Committee on Education SUMMARY—Makes various changes relating to charter schools.
(BDR 34-286) FISCAL NOTE:
Effect on Local Government:
No.
Effect on the State:
No.
~ EXPLANATION – Matter in bolded italics is new;
matter between brackets [omitted material] is material to be omitted.
(1) each public school, including, without limitation, a charter school, to be rated pursuant to the statewide system of accountability for performance framework for the school.
(1) each public school, including, without limitation, a charter school, to be rated pursuant to the statewide system of accountability for public schools;
(NRS 385A.600, 388A.270) Existing lawrporate a also authorizes a charter school to request to be rated using an alternative performance framework if the charter school meets certain requirements.
and (2) the charter contract of each charter school to incorporate a performance framework for the school.
(NRS 385A.730, 385A.740, 388A.274) Additionally, existing law requires the State - *AB68_R1* – 2 – Public Charter School Authority, the board of trustees of the school district or a college or university within the Nevada System of Higher Education, as applicable, to deny a request to amend a charter contract if the charter school does not meet certain requirements of the performance framework.
(NRS 385A.600, 388A.270) Existing law also authorizes a charter school to request to be rated using an alternative 385A.730, 385A.740, 388A.274) Additionally, existing law requires the StateS Public Charter School Authority, the board of trustees of the school district or a college or university within the Nevada System of Higher Education, as applicable, to deny a request to amend a charter contract if the charter school does not meet certain requirements of the performance framework.
(NRS 388A.279) Existing law restart the charter school under a new charter contract if the charter school receives certain ratings indicating underperformance of the school.
(NRS 388A.279) Existing law also requires the sponsor of a charter school to terminate the charter contract or restart the charter school under a new charter contract if the charter school receives certain ratings indicating underperformance of the school.
(NRS 388A.300) Section 2 of this bill exempts a charter school that has been approved to be rated using the alternative performance framework from those requirements.
(NRS 388A.300) Section of this bill exempts a charter school that has been approved to be rated using the this bill make conforming changes to carry out the exemption.ctions 3 and 4 of Existing law authorizes the sponsor of a charter school to reconstitute the governing body of a charter school or terminate the contract of a charter school before the expiration of the charter if the sponsor determines that certain criteria are met.
Sections 3 and 4 of this bill make conforming changes to carry out the exemption.
Existing law authorizes the sponsor of a charter school to reconstitute the before the expiration of the charter if the sponsor determines that certain criteria are met.
Section 5 also eliminates duplicative language regarding under performance of a charter school.
- 81st Session (2021) – 2 – charter school.eliminates duplicative language regarding under performance of a EXPLANATION – Matter in bolded italics is new;
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
matter between brackets [omitted material] is material to be omitted.
Section 1.
THE SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:D IN Section 1.
If the State Public Charter School Authority denies or fails to act upon an application, the denial or failure to act must be based upon a finding that the requirements of subsection 3 of NRS 388A.249 have not been satisfied.
If the State Public Charter School Authority denies or fails to act upon an application, the denial or failure to act must be based 388A.249 have not been satisfied.
The State Public Charter School - *AB68_R1* – 3 – Authority shall include in the written notice the reasons for the denial or the failure to act and the deficiencies.
The State Public Charter School Authority shall include in the written notice the reasons for the denial or the failure to act and the deficiencies.
Sec.
- 81st Session (2021) – 3 – 388A.274 NRS1.
2.
NRS 388A.274 is hereby amended to read as follows:
388A.274 1.
(a) A request to amend a charter contract described in subsection 1 also include such changes to the academic program, organizational plan and financial model of the charter school as the sponsor of the charter school determines are necessary for a charter school rated using the alternative performance framework;
(a) A request to amend a charter contract described in subsection also include such changes to the academic program, organizational plan and financial model of the charter school as the sponsor of the charter school determines are necessary for a charter school rated using the alternative performance framework;
and (b) A charter school which submits a request to amend a charter contract described in subsection 1 perform such actions as the sponsor of the charter school determines to be necessary to successfully transition to being rated using the alternative performance framework.
and (b) A charter school which submits a request to amend a charter contract described in subsection 1 perform such actions as the sponsor of the charter school determines to be necessary to performance framework.n to being rated using the alternative 3.
3.
If a proposed sponsor of a charter school approves an application to form a charter school and the proposed sponsor of the - *AB68_R1* – 4 – charter school determines that the charter school has a mission statement and an admissions policy which satisfy the requirements of subsection 4 of NRS 385A.740, the proposed sponsor of the charter school shall include language in the charter contract entered into with the charter school which provides that:
If a proposed sponsor of a charter school approves an application to form a charter school and the proposed sponsor of the charter school determines that the charter school has a mission of subsection 4 of NRS 385A.740, the proposed sponsor of thements charter school shall include language in the charter contract entered into with the charter school which provides that:
(b) The proposed sponsor of the charter school will submit the application described in paragraph (a) only upon the successful completion by the charter school of such actions as the proposed sponsor of the charter school determines to be necessary to successfully transition to being rated using the alternative performance framework;
- 81st Session (2021) – 4 – application described in paragraph (a) only upon the successfulhe completion by the charter school of such actions as the proposed sponsor of the charter school determines to be necessary to successfully transition to being rated using the alternative performance framework;
The State Public Charter School Authority, the board of trustees of the school district or a college or university within the Nevada System of Higher Education, as applicable, which sponsors a charter school may hold a public hearing concerning any request to amend a charter contract of the charter school it sponsors, including, without limitation, a request to amend a charter contract for the purpose of:
The State Public Charter School Authority, the board of trustees of the school district or a college or university which sponsors a charter school may hold a public hearingle, concerning any request to amend a charter contract of the charter school it sponsors, including, without limitation, a request to amend a charter contract for the purpose of:
(d) Seeking to acquire an additional facility in any county of this State to expand the enrollment of the charter school.
State to expand the enrollment of the charter school.ny county of this (e) Consolidating the operations of multiple charter schools pursuant to NRS 388A.282.
- *AB68_R1* – 5 – (e) Consolidating the operations of multiple charter schools pursuant to NRS 388A.282.
3.
- 81st Session (2021) – 5 – 3.
The State Public Charter School Authority, the board of trustees of the school district or a college or university within the Nevada System of Higher Education, as applicable, must deny a request to amend a charter contract in the manner described in paragraph (d) or (e) of subsection 1 if the State Public Charter School Authority, the board of trustees or a college or university within the Nevada System of Higher Education, as applicable, determines that:
The State Public Charter School Authority, the board of trustees of the school district or a college or university within the Nevada System of Higher Education, as applicable, must deny a request to amend a charter contract in the manner described in School Authority, the board of trustees or a college or university within the Nevada System of Higher Education, as applicable, determines that:
A charter school’s annual rating pursuant to the statewide system of accountability based upon the performance of the charter school must not be included in the count of annual ratings for the purposes of subsection 1 for any school year before the 2015-2016 school year.
A charter school’s annual rating pursuant to the statewide system of accountability based upon the performance of the charter school must not be included in the count of annual ratings for the school year.subsection 1 for any school year before the 2015-2016 3.
3.
- *AB68_R1* – 6 – 5.
5.
Such regulations must include, without limitation, requiring a charter school that is restarted to enroll a pupil who was enrolled in the charter school before the school was restarted before any other eligible pupil is enrolled.
Such regulations must include, without limitation, requiring a charter school that is restarted to enroll a - 81st Session (2021) – 6 – pupil who was enrolled in the charter school before the school was restarted before any other eligible pupil is enrolled.
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If the sponsor of a charter school determines that not all of the elementary, middle or high schools in or campuses of the charter school meet the criteria described in subsection 1 and that the charter school can remain financially viable if the charter school continues to operate and serve only the elementary, middle or high schools or campuses which do not meet the criteria described in subsection 1, the sponsor may amend the charter contract to eliminate the elementary, middle or high schools or campuses that meet the criteria described in subsection 1 and limit the enrollment in all other elementary, middle or high schools in or campuses of the charter school.
If the sponsor of a charter school determines that not all of the elementary, middle or high schools in or campuses of the the charter school can remain financially viable if the charterthat school continues to operate and serve only the elementary, middle or high schools or campuses which do not meet the criteria described in subsection 1, the sponsor may amend the charter contract to eliminate the elementary, middle or high schools or campuses that meet the criteria described in subsection 1 and limit the enrollment in all other elementary, middle or high schools in or campuses of the charter school.
[or (4) Has persistently underperformed, as measured by the performance indicators, measures and metrics set forth in the performance framework for the charter school;] (b) The charter school has filed for a voluntary petition of bankruptcy, is adjudicated bankrupt or insolvent, or is otherwise financially impaired such that the charter school cannot continue to operate;
[or (4) Has persistently underperformed, as measured by the performance framework for the charter school;]et forth in the (b) The charter school has filed for a voluntary petition of bankruptcy, is adjudicated bankrupt or insolvent, or is otherwise financially impaired such that the charter school cannot continue to operate;
(d) The committee to form the charter school or charter management organization, as applicable, or any member of the - *AB68_R1* – 7 – committee to form the charter school or charter management organization, as applicable, or the governing body of the charter school has at any time made a material misrepresentation or omission concerning any information disclosed to the sponsor;
(d) The committee to form the charter school or charter management organization, as applicable, or any member of the committee to form the charter school or charter management organization, as applicable, or the governing body of the charter - 81st Session (2021) – 7 – school has at any time made a material misrepresentation or omission concerning any information disclosed to the sponsor;
(e) The charter school operates a high school that has a graduation rate for the immediately preceding school year that is less than 60 percent;
(e) The charter school operates a high school that has a graduation rate for the immediately preceding school year that is les(f) The charter school operates an elementary or middle school or junior high school that is rated in the lowest 5 percent of elementary schools, middle schools or junior high schools in the State in pupil achievement and school performance [,] for the immediately preceding school year, as determined by the Department pursuant to the statewide system of accountability for public schools;
(f) The charter school operates an elementary or middle school or junior high school that is rated in the lowest 5 percent of elementary schools, middle schools or junior high schools in the State in pupil achievement and school performance [,] for the immediately preceding school year, as determined by the Department pursuant to the statewide system of accountability for public schools;
(b) Except as otherwise provided in subsection 4, prescribe a period, not less than 30 days, during which the charter school may correct the deficiencies, including, without limitation, the date on which the period to correct the deficiencies begins and the date on which that period ends;
(b) Except as otherwise provided in subsection 4, prescribe a correct the deficiencies, including, without limitation, the date on which the period to correct the deficiencies begins and the date on which that period ends;
Except as otherwise provided in subsection 4, not more than 90 days after the notice is provided pursuant to subsection 2, the sponsor shall hold a public hearing to make a determination regarding whether to reconstitute the governing body or terminate the charter contract.
Except as otherwise provided in subsection 4, not more than days after the notice is provided pursuant to subsection 2, the sponsor shall hold a public hearing to make a determination regarding whether to reconstitute the governing body or terminate the charter contract.
If the charter school corrects the deficiencies to - *AB68_R1* – 8 – the satisfaction of the sponsor within the time prescribed in paragraph (b) of subsection 2, the sponsor shall not reconstitute the governing body or terminate the charter contract of the charter school.
If the charter school corrects the deficiencies to - 81st Session (2021) – 8 – the satisfaction of the sponsor within the time prescribed in paragraph (b) of subsection 2, the sponsor shall not reconstitute the governing body or terminate the charter contract of the charter school.
The sponsor of a charter school and the governing body of the charter school may enter into a written agreement that prescribes different time periods than those set forth in subsections 2 and 3.
The sponsor of a charter school and the governing body of the charter school may enter into a written agreement that prescribes dif5.renIf the governing body of a charter school is reconstituted or the charter contract is terminated, the sponsor of the charter school shall submit a written report to the Department and the governing body of the charter school setting forth the reasons for the reconstitution or termination, as applicable, not later than 10 days after reconstituting the governing body or terminating the charter contract.
5.
If the governing body of a charter school is reconstituted or the charter contract is terminated, the sponsor of the charter school shall submit a written report to the Department and the governing body of the charter school setting forth the reasons for the reconstitution or termination, as applicable, not later than 10 days after reconstituting the governing body or terminating the charter contract.
H - *AB68_R1*
~~~~~ 21 - 81st Session (2021)
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Amendments

1 amendment

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Action History

  1. Chapter 80.

  2. Approved by the Governor.

  3. Enrolled and delivered to Governor.

  4. Read third time. Passed. Title approved. (Yeas: 21, Nays: None.) To Assembly. In Assembly. To enrollment.

  5. Read second time.

  6. From committee: Do pass.

  7. In Senate. Read first time. Referred to Committee on Education. To committee.

  8. From printer. To engrossment. Engrossed. First reprint. Read third time. Passed, as amended. Title approved, as amended. (Yeas: 42, Nays: None.) To Senate.

  9. Read second time. Amended. (Amend. No. 41.) To printer.

  10. From committee: Amend, and do pass as amended. Placed on Second Reading File. Taken from Second Reading File. Placed on Second Reading File for next legislative day.

  11. To committee.

  12. Read first time.

  13. From printer.

  14. Prefiled. Referred to Committee on Education. To printer.

Sponsors

  • Assembly Committee on Education · Primary

Sponsorship breakdown

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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.

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"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.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Subjects

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Frequently asked questions

Who sponsors AB 68?
AB 68 is sponsored by Assembly Committee on Education.
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This bill has been enacted into law. Introduced November 18, 2020. Enacted.
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