Existing law authorizes the formation and operation of public schools known as charter schools. (Chapter 388A of NRS) Under existing law, a charter school is authorized to enter into a contract with an educational management organization to provide services relating to the operation and management of the charter school. (NRS 388A.030, 388A.223) Section 14 of this bill repeals this authority. Sections 1-9, 11 and 12 of this bill make conforming changes as a result of the elimination of this authority. Section 13 of this bill prohibits a charter school from entering into or renewing a contract with an educational management organization on or after the effective date of this bill, except for a one-time renewal in specified circumstances. Existing law prohibits a contract or proposed contract between a contractor and a charter school or proposed charter school from requiring the charter school or proposed charter school to request or borrow money from this State to pay the contractor if the contractor will provide financial management to the charter school or proposed charter school. (NRS 388A.393) Section 11 prohibits under any circumstances such a contract or proposed contract from requiring the charter school or proposed charter school to request or borrow money from this State to pay the contractor. Existing law prohibits a contract or proposed contract between a contractor and a charter school or proposed charter school from providing incentive fees to the contractor unless the incentive fees are based on the academic improvement of pupils enrolled in the charter school. Section 11 prohibits under any circumstances such a contract or proposed contract from providing incentive fees to the contractor. Existing law prohibits a contract or proposed contract between a contractor and a charter school or proposed charter school from requiring the governing body of the charter school to pay any costs associated with ensuring that services comply with state and federal law. Section 11 instead prohibits such a contract or proposed contract from requiring the governing body of the charter school to pay any costs associated with ensuring the contractor is in compliance with state and federal law. Under 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. (Chapter 338 of NRS; NRS 388A.320) Existing law authorizes a charter school to: (1) enter into a contract with specified governmental entities for the provision of facilities to operate the charter school; (2) use any public facility located within the school district in which the charter school is located; 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. (NRS 388A.378) Section 10 of this bill requires a charter school to provide to the sponsor of the charter school: (1) written notice of any project for the new construction, repair or reconstruction of any building, structure, facility or property, regardless of its ownership, which the charter school uses for any of its educational purposes if the estimated cost exceeds $100,000; (2) documentation of compliance with the requirements for competitive bidding for such a project; and (3) records relating to compliance with the requirements for the payment of prevailing wages on such a project. Section 4 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.

Statutes affected:
As Introduced: 388A.153, 388A.165, 388A.199, 388A.223, 388A.246, 388A.249, 388A.276, 388A.320, 388A.352, 388A.378, 388A.393, 388A.3975
Reprint 1: 388A.153, 388A.165, 388A.199, 388A.223, 388A.246, 388A.249, 388A.276, 388A.320, 388A.352, 388A.378, 388A.393, 388A.3975
BDR: 388A.153, 388A.165, 388A.199, 388A.223, 388A.246, 388A.249, 388A.276, 388A.320, 388A.352, 388A.378, 388A.393, 388A.3975