Existing law requires the principal of each school, in consultation with the employees of the school, to prepare a plan to improve the achievement of pupils enrolled in the school. (NRS 385A.650) Section 6 of this bill additionally requires the principal of each school, in consultation with the employees of the school, to prepare an instructional model for the school which includes information about the curriculum, grading, planning, assessment, software and business decisions of the school. Section 6 requires the Department of Education to develop and implement a process for allowing the principal of each school to access such instructional models from other schools with similar demographics, including from schools that receive higher ratings according to the statewide system of accountability. Section 20 of this bill requires the Department to convert a public school to a charter school, known as a Department charter school if, for 3 consecutive years, the school is rated in the lowest 5 percent of public schools in this State in pupil achievement and school performance. Section 19 of this bill establishes the Account for Department Charter Schools, the money in which is to be used for the establishment and maintenance of Department charter schools. Section 21 of this bill requires: (1) the Superintendent of Public Instruction to solicit and evaluate applications and enter into a contract with a charter management organization, educational management organization or other person to operate a public school that is converted to a Department charter school pursuant to section 20; and (2) the Department to adopt regulations prescribing the process to apply to operate a Department charter school, which must authorize certain applicants to submit one application to operate more than one Department charter school. Section 22 of this bill provides that the Department is deemed the sponsor of a Department charter school after a contract is entered into and requires the operator of the Department charter school to appoint a governing body of the Department charter school. Section 22 provides that the governing body consists of any persons chosen by the operator of the Department charter school, with certain restrictions. Section 23 of this bill: (1) requires the principal of a Department charter school to determine whether to offer employment at the Department charter school to the persons employed at the public school at the time of the conversion; and (2) authorizes the board of trustees of the school district in which the Department charter school is located to terminate or reassign any such employees who are not offered employment by or who refuse an offer of employment from the Department charter school. Section 23 also requires the board of trustees of a school district to: (1) without compensation, allow a Department charter school to operate in the building in which the school was located before conversion; and (2) continue to pay capital expenses for the building. Section 23 requires the governing body of the Department charter school to pay for the maintenance and operation of the building. Section 23: (1) provides that the board of trustees of a school district is not required to give priority to a capital project at a school that is converted to a Department charter school; and (2) prohibits the board of trustees of a school district from reducing the priority of any such capital project that existed before the school was selected for conversion. Section 23 also requires any pupil who was enrolled in a public school before conversion to be enrolled in the Department charter school, unless the parent or guardian of the pupil submits written notice that the pupil will not continue to be enrolled at the school. Finally, section 23 limits the amount of loans, advances or other monetary charges that the governing body of a Department charter school may authorize to be paid to the operator of the Department charter school. Existing law prohibits the conversion of an existing public school to a charter school. (NRS 388A.075, 388A.080) Sections 14, 25, 29 and 30 of this bill make these provisions inapplicable to a Department charter school, thereby authorizing the conversion of a public school to a Department charter school. Section 24 of this bill enacts provisions necessary for a Department charter school to be able to receive money available from certain federal grant programs. Sections 7, 11 and 25 of this bill require a Department charter school to participate in the statewide system of accountability for public schools. Section 14 provides that, in general, for the purposes of the provisions governing charter schools, the term “charter school” does not include a Department charter school. Section 28 of this bill makes a conforming change to indicate the proper placement of section 14 in the Nevada Revised Statutes. Existing law: (1) establishes requirements concerning the availability of certain information concerning charter schools and the operation of a charter school; (2) requires a member of the governing body of a charter school to undergo a criminal background check; (3) requires the governing body or sponsor of a charter school to submit certain reports; (4) prohibits the board of trustees of a school district from interfering with the operation of a charter school; (5) authorizes a high-performing charter school to establish an experimental academic program; (6) prohibits a member of the board of trustees of a school district or employee of a school district from soliciting or accepting gifts or payments from a governing body or employee of a charter school; (7) authorizes a charter school that meets certain requirements to apply to the Department for money for facilities; (8) prescribes the manner in which money will be apportioned to and paid by a charter school; (9) establishes procedures for pupils who are enrolled in other schools and homeschooled children to participate in classes and extracurricular activities at charter schools and for pupils enrolled in charter schools to participate in classes and extracurricular activities at other public schools; (10) establishes requirements concerning the employment of personnel at charter schools; and (11) authorizes a charter school to finance improvements through the issuance of bonds. (NRS 388A.090, 388A.095, 388A.100, 388A.171, 388A.226, 388A.247, 388A.323, 388A.345, 388A.348, 388A.352-388A.355, 388A.363-388A.369, 388A.3934, 388A.405-388A.420, 388A.471-388A.695) Section 25 makes these provisions applicable to a Department charter school. Section 26 of this bill requires the board of trustees of a school district in which a Department charter school is located to provide, for compensation, facilities, other than the school building in which the Department charter school operates, to the Department charter school or perform certain services for a Department charter school upon the request of the Superintendent of Public Instruction. Existing law authorizes charter schools that meet certain requirements relating to school performance and financial management to apply to the Department for money for facilities. (NRS 388A.405) Section 26 authorizes a Department charter school that does not meet those requirements to apply for such money under conditions prescribed by the Department. Existing law provides that, if the governing body of a charter school contracts with the board of trustees of a school district for the provision of school police officers, the board of trustees is immune from civil or criminal liability for the acts or omissions of those school police officers while providing services to the charter school. (NRS 388A.384) Section 26 provides similar immunity from liability if the school district provides school police officers to a Department charter school upon the request of the Superintendent of Public Instruction. Existing law provides for regular financial and performance audits of charter schools. (NRS 388A.105, 388A.110) Section 27 of this bill requires the Department to adopt regulations to carry out the provisions of sections 15-27 governing Department charter schools, which may include regulations requiring similar audits of Department charter schools. Sections 32 and 33 of this bill make conforming changes to add references to such audits where applicable. Sections 1 and 14-18 of this bill define certain terms relating to Department charter schools. Sections 2-5, 8-10, 12, 31 and 35-38 of this bill make conforming changes to ensure certain provisions of law applicable to public schools, school districts and charter schools apply equally to Department charter schools. Section 34 of this bill exempts Department charter schools from the Program of Empowerment Schools for public schools. Existing law requires negotiation in good faith between a local government employer and a recognized employee organization on certain mandatory subjects, including, without limitation, discharge and disciplinary procedures. (NRS 288.150) Section 39 of this bill makes unenforceable and void any provision of a collective bargaining agreement which limits the authority of the board of trustees of a school district to terminate the employment of or reassign a member of the staff of a school that is converted to a Department charter school.

Statutes affected:
As Introduced: 385.007, 385.083, 385.620, 385.800, 385.810, 385A.070, 385A.080, 385A.090, 385A.240, 385A.720, 388.795, 388A.010, 388A.075, 388A.080, 388A.353, 388A.354, 388A.405, 388G.050, 391.282, 392.128, 280.287, 288.150
BDR: 385.007, 385.083, 385.620, 385.800, 385.810, 385A.070, 385A.080, 385A.090, 385A.240, 385A.720, 388.795, 388A.010, 388A.075, 388A.080, 388A.353, 388A.354, 388A.405, 388G.050, 391.282, 392.128, 280.287, 288.150