318 Page 4 requiring the governing body of the charter school to pay any costs associated with ensuUnder existing law, a charter school is a public body to which the provisions governing public works apply to its projects for new construction, repair or reconstruction.

(1) enter into a contract with specified governmental entities for located within the schoolprovision districtof infacilities whichto operate the charter schoolschool; is located;

or(2) (3)ilityuse acquire and construct, reconstruct, improve, maintain, equip and furnish any building,public structurefacility orlocated propertywithin andthe completeschool relateddistrict improvementsin forwhich the usecharter ofschool anyis oflocated; its educational purposes.

or (3) acquire and construct, reconstruct, improve, maintain, equip and furnish any building, structure or property and complete related improvements for the use of any of its educational purposes.

(1) written notice of any project for the new construction, repair or reconstruction of any building, structure, facility or property, regardless ofestimated itscost ownership,exceeds which$100,000; the charter school documentation of compliance with the requirements for competitive bidding for00;

(2) documentation of compliance with the requirements for competitive bidding for such a project;

Section 4 of this bill requires the sponsor of the charter school to ensure that a charter school from which it receives notification for a project pursuant to section 10 complies with the provisions relating to the payment of prevailing wages and, with certain exceptions, competitive bidding with respect to the project, and provides penalties for the failure of a sponsor to comply with this requirement.

- *SB318_R2* – 2 – THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

(DeletedNRS by388A.153 amendment.)is Sec.hereby amended to read as follows:

388A.153 1.

The State Public Charter School Authority consists of nine members.

The membership of the State Public Charter School Authority consists of:

(a) Two members appointed by the Governor in accordance with subsection 2;

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

(c) Two members, who must not be Legislators, appointed by the Speaker of the Assembly in accordance with subsection 2;

(d) Two members appointed by the State Board of Education;

and (e) One member appointed by the Charter School Association of Nevada or its successor organization.

(DeletedThe byGovernor, amendment.)the Sec.Majority Leader of the Senate, the Speaker of the Assembly and the State Board of Education shall ensure that the membership of the State Public Charter School Authority:

(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;

(b) Includes a parent or legal guardian of a pupil enrolled in a charter school in this State;

(c) Includes persons with specific knowledge of:

(1) Issues relating to elementary and secondary education;

(2) School finance or accounting, or both;

(3) Management practices;

(4) Assessments required in elementary and secondary education;

(5) Educational technology;

and (6) The laws and regulations applicable to charter schools;

(d) Insofar as practicable, reflects the ethnic and geographical diversity of this State;

and Senate Amendment No.

269 to Senate Bill No.

318 Page 5 (e) Insofar as practicable, consists of persons who are experts on best practices for authorizing charter schools and developing and operating high-quality charter schools and charter management organizations.

(DeletedEach bymember amendment.)of Sec.the State Public Charter School Authority must be a resident of this State.

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 charter management organization.

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.

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

6.

After the initial terms, the term of each member of the State Public Charter School Authority is 3 years, commencing on July 1 of the year in which he or she is appointed.

A vacancy in the membership of the State Public Charter School Authority must be filled for the remainder of the unexpired term in the same manner as the original appointment.

A member shall continue to serve on the State Public Charter School Authority until his or her successor is appointed.

7.

The members of the State Public Charter School Authority shall select a Chair and Vice Chair from among its members.

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.

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

8.

Each member of the State Public Charter School Authority is entitled to receive:

(a) For each day or portion of a day during which he or she attends a meeting of the State Public Charter School Authority a salary of not more than $80, as fixed by the State Public Charter School Authority;

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

Sec.

2.

NRS 388A.165 is hereby amended to read as follows:

388A.165 1.

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

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

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

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

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

Senate Amendment No.

269 to Senate Bill No.

318 Page 6 2.

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

Sec.

3.

NRS 388A.199 is hereby amended to read as follows:

388A.199 1.

The State Public Charter School Authority may employ such persons as it deems necessary to carry out the provisions of this chapter.

The staff employed by the State Public Charter School Authority must be qualified to carry out the daily responsibilities of sponsoring charter schools, including, without limitation, oversight of charter contracts, in accordance with the provisions of this chapter.

2.

The staff must include:

(a) Attorneys with experience with laws concerning education, special education and nonprofit organizations;

(b) Persons with experience overseeing the annual audits and financial operations of school districts, nonprofit organizations or corporations;

(c) Persons with experience conducting assessments and evaluations for a school district;

(d) Administrators with significant experience overseeing special education programs and programs while employed by a school district, charter management organization [, educational management organization] or other operator of charter schools;

(e) Policy analysts with significant experience in the areas of charter schools and education policy;

and (f) Any other persons that the State Public Charter School Authority determines are necessary.

3.

The State Public Charter School Authority shall periodically evaluate and make decisions concerning the number of persons employed by the State Public Charter School Authority and the qualifications and compensation of such persons based on guidance from the National Association of Charter School Authorizers, or its successor organization, an assessment of the strategic plan for recruiting operators of charter schools prepared pursuant to NRS 388A.223 and the needs of the charter schools sponsored by the State Public Charter School Authority.

Sec.

4.

[;] (g)Senate DeterminingAmendment whetherNo. the governing body of a charter school should be reconstituted in accordance with NRS 388A.330 .

[;]269 (h)to AdoptingSenate aBill policyNo. for appointing a new governing body of a accordance with NRS 388A.330 .

318 Page 7 (g) Determining whether the governing body of a charter school should be reconstituted in accordance with NRS 388A.330 .

[;] (h) Adopting a policy for appointing a new governing body of a charter school for which the governing body is reconstituted in accordance with NRS 388A.330 .

and] body is reconstituted in (i) Conducting site evaluations of each campus of a charter school it sponsors during the first, third and fifth years after entering into or renewing a charter contract.

- *SB318_R2* – 3 – (j) Ensuring that each charter school complies with the provisions of NRS 338.013 to 338.090, inclusive, and, except as otherwise provided in NRS 388A.635, with the provisions of chapter 338 of NRS regarding competitive bidding for any project for which the charter school provides written notification to the sponsor pursuant to subsection 5 of NRS 388A.378.

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

and (2) A description of the manner in which the sponsor will evaluate the previous performance of an[an educational management organization or otherother] a person with whom a committee to form a charter school plans to enter into a contract to operate a charter school or a charter management organization that submits an application to form a charter school;

(d) The procedure for amending a charter contract and the criteria for determining whether a request for such an amendment will be approved which must include, without limitation, any manner in which such procedures and criteria will differSenate ifAmendment theNo. - *SB318_R2* – 4 – sponsor determines that the amendment is material or strategically important;

(e)269 If deemed appropriate by the sponsor, a strategic plan for recruiting charter management organizations, educational management organizations or other persons to operateSenate charterBill schoolsNo. based on the priorities of the sponsor and the needs of the pupils that will be served by the charter schools that will be sponsored by the sponsor;

318 Page 8 differ if the sponsor determines that the amendment is material or strategically important;

(e) If deemed appropriate by the sponsor, a strategic plan for recruiting charter management organizations [, educational management organizations] or other persons to operate charter schools based on the priorities of the sponsor and the needs of the pupils that will be served by the charter schools that will be sponsored by the sponsor;

(DeletedNRS by388A.246 amendment.)is Sec.hereby amended to read as follows:

388A.246 An application to form a charter school must include all information prescribed by the Department by regulation and:

1.

A summary of the plan for the proposed charter school.

2.

A clear written description of the mission of the charter school and the goals for the charter school.

A charter school must have as its stated purpose at least one of the following goals:

(a) Improving the academic achievement of pupils;

(b) Encouraging the use of effective and innovative methods of teaching;

(c) Providing an accurate measurement of the educational achievement of pupils;

(d) Establishing accountability and transparency of public schools;

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

or (f) Creating new professional opportunities for teachers.

3.

A clear description of the indicators, measures and metrics for the categories of academics, finances and organization that the charter school proposes to use, the external assessments that will be used to assess performance in those categories and the objectives that the committee to form a charter school plans to achieve in those categories, which must be expressed in terms of the objectives, measures and metrics.

The objectives and the indicators, measures and metrics used by the charter school must be consistent with the performance framework adopted by the sponsor pursuant to NRS 388A.270.

4.

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

Senate Amendment No.

269 to Senate Bill No.

318 Page 9 5.

The proposed location of, or the geographic area to be served by, the charter school and evidence of a need and community support for the charter school in that area.

(DeletedThe byminimum, amendment.)planned Sec.and maximum projected enrollment of pupils in each grade in the charter school for each year that the charter school would operate under the proposed charter contract.

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

(DeletedThe academic program that the charter school proposes to use, a description of how the academic program complies with the requirements of NRS 388A.366, the proposed academic calendar for the first year of operation and a sample daily schedule for a pupil in each grade served by amendment.)the Sec.charter school.

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

The manner in which the charter school plans to identify and serve the needs of pupils with disabilities, pupils who are English learners, pupils who are academically behind their peers and gifted pupils.

11.

A description of any co-curricular or extracurricular activities that the charter school plans to offer and the manner in which these programs will be funded.

12.

Any uniform or dress code policy that the charter school plans to use.

13.

Plans and timelines for recruiting and enrolling students, including procedures for any lottery for admission that the charter school plans to conduct.

14.

The rules of behavior and punishments that the charter school plans to adopt pursuant to NRS 388A.495, including, without limitation, any unique discipline policies for pupils with disabilities.

15.

A chart that clearly presents the proposed organizational structure of the charter school and a clear description of the roles and responsibilities of the governing body, administrators and any other persons included on the chart and a table summarizing the decision-making responsibilities of the staff and governing body of the charter school and, if applicable, the charter management organization that operates the charter school.

The table must also identify the person responsible for each activity conducted by the charter school, including, without limitation, the person responsible for establishing curriculum and culture, providing professional development to employees of the charter school and making determinations concerning the staff of the charter school.

16.

The names of any external organizations that will play a role in operating the charter school and the role each such organization will play.

17.

The manner in which the governing body of the charter school will be chosen.

18.

A staffing chart for the first year in which the charter school plans to operate and a projected staffing plan for the term of the charter contract.

19.

Plans for recruiting administrators, teachers and other staff, providing professional development to such staff.

Senate Amendment No.

269 to Senate Bill No.

318 Page 10 20.

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

The code of ethics must be prepared with guidance from the Nevada Commission on Ethics and must not conflict with any policy adopted by the sponsor.

21.

Explanations of any partnerships or contracts central to the operations or mission of the charter school.

22.

A statement of whether the charter school will provide for the transportation of pupils to and from the charter school.

If the charter school will provide transportation, the application must include the proposed plan for the transportation of pupils.

If the charter school will not provide transportation, the application must include a statement that the charter school will work with the parents and guardians of pupils enrolled in the charter school to develop a plan for transportation to ensure that pupils have access to transportation to and from the charter school.

23.

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

If the procedure is different from the procedure prescribed in NRS 391.680 and 391.725, the procedure for the evaluation of teachers of the charter school must provide the same level of protection and otherwise comply with the standards for evaluation set forth in NRS 391.680 and 391.725.

24.

A statement of the charter school’s plans for food service and other significant operational services, including a statement of whether the charter school will provide food service or participate in the National School Lunch Program, 42 U.S.C.

§§ 1751 et seq.

If the charter school will not provide food service or participate in the National School Lunch Program, the application must include an explanation of the manner in which the charter school will ensure that the lack of such food service or participation does not prevent pupils from attending the charter school.

25.

Opportunities and expectations for involving the parents of pupils enrolled in the charter school in instruction at the charter school and the operation of the charter school, including, without limitation, the manner in which the charter school will solicit input concerning the governance of the charter school from such parents.

26.

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

27.

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

28.

A description of the insurance coverage the charter school will obtain.

29.

Budgets for starting operation at the charter school, the first year of operation of the charter school and the first 5 years of operation of the charter school, with any assumptions inherent in the budgets clearly stated.

30.

Evidence of any money pledged or contributed to the budget of the charter school.

31.

A statement of the facilities that will be used to operate the charter school and a plan for operating such facilities, including, without limitation, any backup plan to be used if the charter school cannot be operated out of the planned facilities.

32.

If the charter school operates a vocational school, a description of the career and technical education program that will be used by the charter school.

Senate Amendment No.

269 to Senate Bill No.

318 Page 11 33.

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

(a) Monitor and verify the participation in and completion of courses by pupils;

(b) Require pupils to participate in assessments and submit course work;

(c) Conduct parent-teacher conferences;

and (d) Administer any test, examination or assessment required by state or federal law in a proctored setting.

34.

If the charter school will provide a program where a student may earn college credit for courses taken in high school, a draft memorandum of understanding between the charter school and the college or university through which the credits will be earned and a term sheet, which must set forth:

(a) The proposed duration of the relationship between the charter school and the college or university and the conditions for renewal and termination of the relationship;

(b) The roles and responsibilities of the governing body of the charter school, the employees of the charter school and the college or university;

(c) The scope of the services and resources that will be provided by the college or university;

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

(e) The manner in which the college or university will ensure that the charter school effectively monitors pupil enrollment and attendance and the acquisition of college credits;

and (f) Any employees of the college or university who will serve on the governing body of the charter school.

35.

If the applicant currently operates a charter school in another state, evidence of the performance of such charter schools and the capacity of the applicant to operate the proposed charter school.

36.

If the applicant proposes to contract with [an educational management organization or any other] a person to provide educational or management services:

(a) Evidence of the performance of the [educational management organization or other] person when providing such services to a population of pupils similar to the population that will be served by the proposed charter school;

(b) A term sheet that sets forth:

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

(2) A description of the responsibilities of the governing body of the charter school, employees of the charter school and the [educational management organization or other] person;

(3) All fees that will be paid to the [educational management organization or other] person;

(4) The manner in which the governing body of the charter school will oversee the services provided by the [educational management organization or other] person and enforce the terms of the contract;

(5) A disclosure of the investments made by the [educational management organization or other] person in the proposed charter school;

and (6) The conditions for renewal and termination of the contract;

and (c) A disclosure of any conflicts of interest concerning the applicant and the [educational management organization or other] person, including, without limitation, any past or current employment, business or familial relationship between any prospective employee of the charter school and a member of the Senate Amendment No.

269 to Senate Bill No.

318 Page 12 committee to form a charter school or the board of directors of the charter management organization, as applicable.

37.

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

 As used in this section, “pupil with a disability” has the meaning ascribed to it in NRS 388.417.

Sec.

6.

NRS 388A.249 is hereby amended to read as follows:

388A.249 1.

A committee to form a charter school or charter management organization may submit the application to the proposed sponsor of the charter school.

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 application.

2.

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

(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;

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

(c) Consider the degree to which the proposed charter school will address the needs identified in the evaluation prepared by the proposed sponsor pursuant to subsection 6 or 7 of NRS 388A.220, as applicable;

(d) If the proposed sponsor is not the board of trustees of a school district, solicit input from the board of trustees of the school district in which the proposed charter school will be located;

(e) Base its determination on documented evidence collected through the process of reviewing the application;

(f) Adhere to the policies and practices developed by the proposed sponsor pursuant to subsection 2 of NRS 388A.223;

and (g) Consider the academic, financial and organizational performance of any charter schools that currently hold a contract with the proposed operators, including, without limitation, a charter management organization , [or educational management organization,] of the proposed charter school.

3.

The proposed sponsor of a charter school may approve an application to form a charter school only if the proposed sponsor determines that:

(a) The application:

(1) Complies with this chapter and the regulations applicable to charter schools;

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

(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;

(c) Based on the most recent evaluation prepared by the proposed sponsor pursuant to subsection 6 or 7 of NRS 388A.220, as applicable, the proposed charter school will address one or more of the needs identified in the evaluation;

and (d) It has received sufficient input from the public, including, without limitation, input received at the meeting held pursuant to subsection 1 of NRS 388A.252 or subsection 1 of NRS 388A.255, as applicable.

Senate Amendment No.

269 to Senate Bill No.

318 Page 13 4.

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

5.

On or before January 1 of each odd-numbered year, the Superintendent of Public Instruction shall submit a written report to the Director of the Legislative Counsel Bureau for transmission to the next regular session of the Legislature.

The report must include:

(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 Public Charter School Authority, a college or a university or a city or county during the immediately preceding biennium;

(b) The educational focus of each charter school for which an application was submitted;

(c) The current status of the application;

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

Sec.

7.

NRS 388A.276 is hereby amended to read as follows:

388A.276 The governing body of a charter school may submit to the sponsor of the charter school a written request for an amendment of the charter contract.

The sponsor of the charter school shall consider the academic, financial and organizational performance of any charter schools that currently hold a contract with the current or proposed operators, including, without limitation, a charter management organization , [or educational management organization,] of the charter school.

If the proposed amendment complies with the provisions of this chapter and any other statute or regulation applicable to charter schools, the sponsor and the governing body of the charter school may amend the charter contract in accordance with the proposed amendment.

If the sponsor denies the request for an amendment, the sponsor shall provide written notice to the governing body of the charter school setting forth the reasons for the denial.

Sec.

8.

NRS 388A.320 is hereby amended to read as follows:

388A.320 1.

Unless a waiver is granted pursuant to subsection 2 of NRS 388A.243, the governing body of a charter school must consist of:

(a) One member who is a teacher or other person licensed pursuant to chapter 391 of NRS or who previously held such a license and is retired, as long as his or her license was held in good standing.

(b) One member who:

(1) Satisfies the qualifications of paragraph (a);

or (2) Is a school administrator with a license issued by another state or who previously held such a license and is retired, as long as his or her license was held in good standing.

(c) One parent or legal guardian of a pupil enrolled in the charter school who is not a teacher or an administrator at the charter school.

(d) Two members who possess knowledge and experience in one or more of the following areas:

(1) Accounting;

(2) Financial services;

(3) Law;

or (4) Human resources.

2.

In addition to the members who serve pursuant to subsection 1, the governing body of a charter school may include, without limitation, parents and representatives of nonprofit organizations and businesses.

Unless a waiver is granted pursuant to subsection 2 of NRS 388A.243, not more than two persons who Senate Amendment No.

269 to Senate Bill No.

318 Page 14 serve on the governing body may represent the same organization or business or otherwise represent the interests of the same organization or business.

A majority of the members of the governing body must reside in this State.

If the membership of the governing body changes, the governing body shall provide written notice to the sponsor of the charter school within 10 working days after such change.

3.

A person may serve on the governing body only if the person submits an affidavit to the sponsor of the charter school indicating that the person:

(a) Has not been convicted of a felony relating to serving on the governing body of a charter school or any offense involving moral turpitude.

(b) Has received training or read and understands material concerning the roles and responsibilities of members of governing bodies of charter schools and other training and material designed to assist the governing bodies of charter schools, if such training and material is provided to the person by the sponsor or an application to form a charter school or amend a charter contract provides that the member would receive such training or read and understand such material.

(c) Complies with the requirements of NRS 388A.323.

4.

A person who wishes to serve on the governing body shall disclose to the sponsor of the charter school any conflicts of interest concerning the person or any family member of the person and a charter management organization [, educational management organization] or other person with which the governing body of the charter school has entered into a contract to provide any services at the charter school in the immediately preceding year.

5.

The governing body of a charter school is a public body.

It is hereby given such reasonable and necessary powers, not conflicting with the Constitution and the laws of the State of Nevada, as may be requisite to attain the ends for which the charter school is established and to promote the welfare of pupils who are enrolled in the charter school.

6.

The governing body of a charter school shall, during each calendar quarter, hold at least one regularly scheduled public meeting in the county in which a facility operated by the charter school where pupils receive instruction is located.

Upon an affirmative vote of a majority of the membership of the governing body, each member is entitled to receive a salary of not more than $80 for attendance at each meeting, as fixed by the governing body, not to exceed payment for more than one meeting per month.

7.

As used in subsection 1, “teacher” means a person who:

(a) Holds a current license to teach issued pursuant to chapter 391 of NRS or who previously held such a license and is retired, as long as his or her license was held in good standing;

and (b) Has at least 2 years of experience as an employed teacher.

 The term does not include a person who is employed as a substitute teacher.

Sec.

9.

NRS 388A.352 is hereby amended to read as follows:

388A.352 Each year, each governing body of a charter school shall post on its Internet website the definition of a charter management organization [and an educational management organization] and whether the charter school is operated by a charter management organization [or receives services from an educational management organization] and, if so, the name of the charter management organization .

[or educational management organization.] Sec.

10.

The governing body of a charter school may contract with the board of trustees of the school district in which the charter school is located or in which a pupil enrolled in the charter school resides, with the Nevada System of Higher Education or with a city or county for the provision of facilities to operate the charter school or to perform any service relating to the operation of the charter school,Senate including,Amendment withoutNo. limitation, transportation, the provision of health services for the pupils who are enrolled in the charter school and the provision of school police officers.

If269 the board of trustees of a school district, a college or university within the Nevada System of Higher Education or a city or county is the sponsor of the charter school, the governing body and the sponsor must enter into a service agreement pursuant to NRSSenate 388A.381Bill -No. *SB318_R2* – 5 – before the provision of such services other than for the provision of school police officers when the provisions of NRS 388A.384 apply.

318 Page 15 school, including, without limitation, transportation, the provision of health services for the pupils who are enrolled in the charter school and the provision of school police officers.

If the board of trustees of a school district, a college or university within the Nevada System of Higher Education or a city or county is the sponsor of the charter school, the governing body and the sponsor must enter into a service agreement pursuant to NRS 388A.381 before the provision of such services other than for the provision of school police officers when the provisions of NRS 388A.384 apply.

(DeletedNRS by388A.393 amendment.)is Sec.hereby amended to read as follows:

388A.393 1.

A contract or a proposed contract between a charter school or a proposed charter school and a contractor [or an educational management organization] must not:

(a) Give to the contractor [or educational management organization] direct control of educational services, financial decisions, the appointment of members of the governing body, or the hiring and dismissal of an administrator or financial officer of the charter school or proposed charter school;

(b) Authorize the payment of loans, advances or other monetary charges from the contractor [or educational management organization] which are greater than 15 percent of the total expected funding received by the charter school or proposed charter school from the State Education Fund;

(c) Require the charter school or proposed charter school to prepay any fees to the contractor ;

[or educational management organization;] Senate Amendment No.

269 to Senate Bill No.

318 Page 16 (d) Require the charter school or proposed charter school to pay the contractor [or educational management organization] before the payment of other obligations of the charter school or proposed charter school during a period of financial distress;

(e) Allow a contractor [or educational management organization] to cause a delay in the repayment of a loan or other money advanced by the contractor [or educational management organization] to the charter school or proposed charter school, which delay would increase the cost to the charter school or proposed charter school of repaying the loan or advance;

(f) Require the charter school or proposed charter school to enroll a minimum number of pupils for the continuation of the contract between the charter school or proposed charter school and the contractor ;

[or educational management organization;] (g) Require the charter school or proposed charter school to request or borrow money from this State to pay the contractor ;

[or educational management organization if the contractor or educational management organization will provide financial management to the charter school or proposed charter school;] (h) Contain a provision which restricts the ability of the charter school or proposed charter school to borrow money from a person or entity other than the contractor ;

[or educational management organization;] (i) Provide for the allocation to the charter school or proposed charter school of any indirect cost incurred by the contractor ;

[or educational management organization;] (j) Authorize the payment of fees to the contractor [or educational management organization] which are not attributable to the actual services provided by the contractor ;

[or educational management organization;] (k) Allow any money received by the charter school or proposed charter school from this State or from the board of trustees of a school district to be transferred to or deposited in a bank, credit union or other financial institution outside this State, including money controlled by the contractor ;

[or educational management organization;] (l) [Except as otherwise provided in this paragraph, provide] Provide incentive fees to the contractor ;

[or educational management organization.

A , except a contract or a proposed contract may provide to the contractor or educational management organization incentive fees that are based on the academic improvement of pupils enrolled in the charter school;] (m) Require automatic renewal of the contract or provide that the contract remains in effect if the governing body of a charter school is reconstituted or a charter contract is terminated pursuant to NRS 388A.300 or 388A.330, as applicable;

(n) Contain any provision that would delay or prevent the approval of an application by the governing body of the charter school for an exemption from federal taxation pursuant to 26 U.S.C.

§ 501(c)(3);

(o) Require the governing body of the charter school to pay any costs associated with ensuring [that services comply] the contractor is in compliance with state and federal law;

(p) Provide that the contractor [or educational management organization] is not liable for failing to comply with the requirements of the contract;

or (q) Provide for the enforcement of terms of the contract that conflict with an applicable charter contract or federal or state law.

2.

As used in this section, “contractor” [or “educational management organization” means] :

Senate Amendment No.

269 to Senate Bill No.

318 Page 17 (a) Means a corporation, business, organization or other entity [, whether or not conducted for profit,] that directly employs and provides personnel with whom a committee to form a charter school or the governing body of a charter school, as applicable, contracts to [assist with the operation, management or provision and implementation of educational] provide professional, licensed professional, health care or other operational services and programs [of] to the charter school or proposed charter school.

[The term includes] (b) [Includes a corporation, business, organization or other entity that directly employs and provides personnel to a charter school or proposed charter school.

(c)] Does not include a for-profit entity that contracts with and is accountable to the governing body of a charter school to provide centralized support or operations, including, without limitation, educational, administrative, management, compliance or instructional services or staff, to the charter school.

Sec.

(DeletedNRS by388A.3975 amendment.)is Sec.hereby amended to read as follows:

388A.3975 The governing body of a charter school shall develop a policy for accepting, investigating and responding to complaints and submit the policy to the State Public Charter School Authority for review and approval.

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

Sec.

(Deleted1. by amendment.) Sec.

Except as otherwise provided in subsection 2, on or after the effective date of this act, a charter school shall not enter into or renew any contract with an educational management organization, as that term was defined on January 1, 2025.

2.

Notwithstanding the amendatory provisions of this act, if a charter school entered into a contract on or after July 1, 2023, with an educational management organization, as that term was defined on January 1, 2025, the charter school may renew the contract only one time for a term of not more than 2 years.

Sec.

(DeletedNRS by388A.030, amendment.)388A.353 -and *SB318_R2*388A.354 –are 6hereby –repealed. Sec.

Sec.

HTEXT -OF *SB318_R2*REPEALED SECTIONS 388A.030 “Educational management organization” defined.

“Educational management organization” means a for-profit entity that contracts with and is accountable to the governing body of a charter school to provide centralized support or operations, including, without limitation, educational, administrative, management, compliance or instructional services or staff, to the charter school.

388A.353 Biennial reports of amounts paid to educational management organizations.

On or before November 1 of each even-numbered year, the governing body of each charter school that enters into a contract with an educational management organization shall submit to the sponsor of the charter school a report that includes the amount paid to the educational management organization in the current and immediately preceding fiscal years.

On or before November 1 of each even-numbered year, each sponsor of a charter school that enters into a contract with an educational management organization shall submit to the Director of the Legislative Counsel Bureau for transmission to the next regular Senate Amendment No.

269 to Senate Bill No.

318 Page 18 session of the Legislature a report that includes the amount paid to the educational management organization by the charter school in the current and immediately preceding fiscal years.

388A.354 Disclosure of information relating to charter management organizations and educational management organizations;

reports.

1.

The governing body of a charter school that receives services from an educational management organization shall:

(a) Post to the Internet website of the charter school:

(1) Each financial audit and each performance audit of the charter school required by the Department pursuant to NRS 388A.105 or 388A.110;

(2) Information on the contract with the charter management organization or the educational management organization, including, without limitation:

(I) The amount of money received by the educational management organization from public and private sources to carry out the terms of the contract;

(II) The expenditures of the educational management organization relating to carrying out the contract, including, without limitation, the payment of salaries, benefits and bonuses;

and (III) An identification of each contract, transaction and agreement entered into by the educational management organization relating to carrying out the contract with the charter school, including, without limitation, contracts, transactions and agreements with parent organizations, subsidiaries and partnerships of the educational management organization;

and (3) To the extent practicable, information on any contract between a member of the governing body of the charter school or any member of the family of the member of the governing body and another charter school, sponsor of a charter school, charter management organization or educational management organization.

(b) Submit information on the contract with the educational management organization and a letter describing whether the governing body of the charter school is satisfied with the contractual relationship with the educational management organization to the sponsor of the charter school.

2.

The sponsor of a charter school may, after reviewing the information provided pursuant to paragraph (b) of subsection 1, request additional information, conduct an investigation or otherwise take action relating to the information received by the sponsor of the charter school.

3.

On or before December 15 of each odd-numbered year, the sponsor of a charter school that receives information on a contract between the governing body of a charter school and an educational management organization pursuant to subsection 1 shall submit a report of such information to the Joint Interim Standing Committee on Education.