2005 Nevada Revised Statutes - Chapter 386 — Local Administrative Organization
CHAPTER 386 - LOCAL ADMINISTRATIVEORGANIZATION
SCHOOL DISTRICTS
NRS 386.010 Creation;power to sue.
NRS 386.030 Name.
BOARDS OF TRUSTEES
NRS 386.110 Bodycorporate; name.
NRS 386.120 Countyschool district: Number of trustees.
NRS 386.150 Superintendentof Public Instruction to file certificates with county clerks.
NRS 386.160 Electionof trustees in county school district whose enrollment of pupils is less than1,000; terms.
NRS 386.165 Electionof trustees in county school district whose enrollment of pupils is over25,000; terms.
NRS 386.180 Electionof trustees in county school district other than Clark or Washoe whoseenrollment of pupils drops below 1,000 or in which resolution is adoptedpursuant to NRS 386.120.
NRS 386.190 Electionof two additional trustees in county school district whose enrollment of pupilsincreases to 1,000 or more after general election; exception.
NRS 386.200 Alternatemanner of creating areas for election of trustees within county school districtwhose enrollment of pupils is 25,000 or less: Procedure; election of trustees;terms; change of boundaries of areas.
NRS 386.205 Optionaldistricts for election of trustees within county school district whoseenrollment of pupils is not more than 25,000: Creation; continuity in numberand terms of members of board of trustees.
NRS 386.215 Optionaldistricts for election of trustees within county school district whoseenrollment of pupils is not more than 25,000: Documents to be filed with countyclerk.
NRS 386.225 Optionaldistricts for election of trustees within county school district whoseenrollment of pupils is not more than 25,000: Manner of election.
NRS 386.240 Qualificationsof trustees.
NRS 386.250 Nominationof trustee; filing of declaration of candidacy and acceptance of candidacy.
NRS 386.260 Electionof trustees; certificate of election.
NRS 386.270 Vacancies.
NRS 386.275 Temporaryappointment of vacancy for member in active military service; term of temporaryappointment.
NRS 386.290 Subsistenceand travel for trustee.
NRS 386.300 Trustees:Terms; oaths.
NRS 386.305 Trustees:Interest in certain contracts prohibited.
NRS 386.310 Officers;organization.
NRS 386.320 Salariesof president, clerk and other trustees; employment and compensation ofstenographer.
NRS 386.325 Dutiesof clerk.
NRS 386.330 Meetings;quorum.
NRS 386.340 Seal.
NRS 386.345 Membershipin county, state and national school board associations; payment of dues,travel and subsistence for attendance at meeting of association.
NRS 386.350 Generalpowers; exceptions.
NRS 386.355 Acceptanceof federal financial assistance for areas affected by federal activities.
NRS 386.360 Preparationof plan for implementation of statutes; transmittal of information concerningstatutes to parents and teachers; rules.
NRS 386.365 Policiesand regulations in county whose population is 100,000 or more: Procedure.
NRS 386.370 Reportsto Superintendent of Public Instruction.
NRS 386.380 Powerto administer oaths.
NRS 386.390 Acceptanceof gifts.
NRS 386.410 Employmentof private legal counsel.
NRS 386.415 Agreementto prepare hot lunches for aged persons and their spouses; limitations.
PROGRAMS OF SCHOOL-BASED DECISION MAKINGFOR PUBLIC SCHOOLS WITHIN DISTRICT
NRS 386.4154 Authorityof board of trustees to prescribe rules relating to creation and administrationof program.
NRS 386.4156 Authorityof board of trustees to waive requirements of regulations for public schooladopting program.
NRS 386.4158 Authorityof State Board of Education to waive required course of study for schoolcouncil created pursuant to program.
RECYCLING OF MATERIALS; USE OF RECYCLED PRODUCTS
NRS 386.4159 Recyclingof paper, paper products and other waste materials; rules and procedures;exception; deposit of money received.
NRS 386.416 Definitions.
NRS 386.417 Dutiesof board of trustees.
NRS 386.418 Dutiesof person authorized to purchase supplies, materials, goods, paper and otherproducts for school district.
NEVADA INTERSCHOLASTIC ACTIVITIES ASSOCIATION
NRS 386.420 Formation;composition; purposes.
NRS 386.430 Adoptionof rules and regulations by Association; consultation with Homeschool AdvisoryCouncils required under certain circumstances.
NRS 386.440 Proceduresfor review of disputes.
NRS 386.450 Membershipof charter schools, private schools and parochial schools.
NRS 386.460 Applicabilityof regulations and requirements to charter schools, private schools andparochial schools.
NRS 386.462 Participationby homeschooled children; applicability of provisions to homeschooled children.
NRS 386.463 Limitationon challenges based upon participation by homeschooled children.
NRS 386.464 Limitationon adoption of regulations and rules by school districts and schools concerningeligibility and participation of homeschooled children.
NRS 386.465 Requeststo join similar association in another state.
NRS 386.470 Determinationof liability of Association and public school belonging to similar associationin another state.
CHARTER SCHOOLS
General Provisions
NRS 386.500 Pupilat risk defined.
Subcommittee on Charter Schools; Formation; Renewal and Revocationof Charters
NRS 386.505 Legislativedeclaration concerning formation of charter schools.
NRS 386.506 Noauthority to convert public school or home school to charter school.
NRS 386.507 Subcommitteeon Charter Schools: Appointment of members; terms.
NRS 386.510 Limitationon number of charter schools that may be formed; exception for charter schoolsproviding education for at-risk pupils; report documenting service to at-riskpupils; action by State Board. [Effective through June 30, 2006.]
NRS 386.515 Sponsorshipof charter schools by board of trustees and State Board.
NRS 386.520 Membershipof committee to form charter school; submission of application to Department;opportunity to correct deficiencies.
NRS 386.525 Reviewof application for sponsorship by board of trustees or State Board; assistanceof Department; opportunity to correct deficiencies; appeal of denial; annualreport by Superintendent of Public Instruction concerning applications.
NRS 386.527 Approvalof application; contents and term of written charter; request for change insponsorship; new application required to expand grade levels under certaincircumstances; issuance of charter to applicant who is not prepared to commenceoperation.
NRS 386.530 Renewalof charter: Application; intensive review by sponsor; opportunity to correctdeficiencies.
NRS 386.535 Revocationof charter; written notice; opportunity to correct deficiencies; publichearing.
NRS 386.540 Regulations.
NRS 386.545 Dutyof Department, board of trustees and sponsor to provide information andassistance.
NRS 386.547 Dutyof State Board to review statutes and regulations and to provide information.
Governing Body; Operation and Finances; Implementation of Statutes;Relations With Board of Trustees
NRS 386.549 Membershipand qualifications of governing body; powers; duty to hold public meeting onquarterly basis.
NRS 386.550 Generalconditions of operation; limitation on program of distance education.
NRS 386.551 Limitationon additional terms and conditions for operation.
NRS 386.552 Preparationof plan for implementation of statutes; written notice to parents and teachersconcerning statutes and plan for implementation.
NRS 386.553 Operationfor profit prohibited.
NRS 386.555 Supportby or affiliation with religion or religious organization prohibited.
NRS 386.560 Authorizationto contract for services and facilities; donation of surplus property of schooldistrict; board of trustees required to allow pupil to participate in class oractivity of school district.
NRS 386.563 Solicitationor acceptance of gifts or money from charter school by member of board oftrustees or employee of school district prohibited; exception; penalty.
NRS 386.565 Boardof trustees prohibited from interfering with operation.
NRS 386.570 Countof pupils for apportionment; deposit of money; reimbursement of sponsor foradministrative expenses; distribution in first year of operation; payment ofremaining apportionments upon cessation of operation; solicitation and acceptanceof donations and grants; purchase of real property.
NRS 386.573 Ordersfor payment of money; limitations.
NRS 386.575 Bankruptcy:Assignment of property to State of Nevada; immunity from liability.
Fund for Charter Schools
NRS 386.576 Creation;investment; deposit of money; payment of claims; acceptance of gifts andgrants.
NRS 386.577 Authorizeduses of money in Fund; limitation.
NRS 386.578 Applicationfor loan; requirements of contract for loan; regulations.
Pupils
NRS 386.580 Applicationfor admission; determination of enrollment; discrimination prohibited;exception for charter school that provides education for certain pupils;participation in class or extracurricular activity by pupil enrolled in anotherschool or homeschooled child.
NRS 386.582 Transferof credit.
NRS 386.583 Adoptionof rules for academic retention.
NRS 386.584 Issuanceof high school diploma; approval of form for diploma by Department.
NRS 386.585 Adoptionand distribution of rules of behavior and punishments; procedure for suspensionor expulsion of pupils; adoption of rules for truancy.
Personnel
NRS 386.588 Fingerprintingof nonlicensed applicants; review of criminal history report by Superintendentof Public Instruction under certain circumstances; prohibition on employment ofcertain applicants.
NRS 386.590 Employmentof licensed teachers required for certain instruction; certain teachersrequired to possess qualifications prescribed by federal law; qualifications ofpersons who are not licensed teachers; qualifications and employment ofadministrators; submission of information to Department.
NRS 386.593 Certainparaprofessionals required to possess qualifications prescribed by federal law.
NRS 386.595 Employmentstatus; applicability of collective bargaining agreement; reassignment uponrevocation of charter or cessation of operation; leave of absence to acceptemployment with charter school; reinstatement; eligibility for benefits.
Reports Required of Governing Body and Sponsor
NRS 386.600 Annualreports of budget required; compilation of reports by Superintendent of PublicInstruction.
NRS 386.605 Submissionof accountability information to school district; review of accountabilityinformation by consultant.
NRS 386.610 Annualreport by board of trustees concerning progress of charter school anddescription of administrative services; report of progress by governing body.
AUTOMATED SYSTEM OF ACCOUNTABILITY INFORMATION FOR NEVADA
NRS 386.650 Adoptionand maintenance of system; adoption of uniform program for school districts tocollect, maintain and transfer data to system; duties of Superintendent ofPublic Instruction; access to data within system.
NRS 386.655 Operationof system; compliance with federal law governing release and confidentiality ofrecords.
_________
SCHOOL DISTRICTS
NRS
1. County school districts, the boundaries of whichare conterminous with the boundaries of the counties of the State, are herebycreated. The Carson City School District shall be considered as a county schooldistrict.
2. Each county school district created by this chapteris hereby declared to be a political subdivision of the State of Nevada whosepurpose is to administer the state system of public education.
3. Each school district shall have the power to sueand may be sued.
[47:32:1956](NRS A 1967, 37; 1969, 336; 1971, 517)
NRS
[49:32:1956](NRS A 1969, 336; 1971, 517)
BOARDS OF TRUSTEES
NRS
1. The trustees of a school district shall constitutea board, which is hereby created a body corporate.
2. The board of trustees of a county school districtshall be designated by the name and style of The Board of Trustees of the................ School District (using the name of the county or city theboundaries of which are conterminous with the boundaries of the county schooldistrict).
[57:32:1956](NRS A 1969, 336; 1971, 518)
NRS
1. The board of trustees of a county school districtconsists of five or seven members as follows:
(a) If 1,000 or more pupils were enrolled during theschool year next preceding any general election, the board of trustees consistsof seven members. Except in school districts in which more than 25,000 pupilsare enrolled, the members of the board must be elected at large until such timeas an alternate manner of election is adopted pursuant to
(b) If fewer than 1,000 pupils were enrolled during theschool year next preceding any general election, the board of trustees consistsof five members. The members of the board must be elected as provided in
(c) If 1,000 or more, but fewer than 1,500 pupils wereenrolled during the school year next preceding any general election, the boardof trustees consists of seven members unless the board, on or before December 1in any year before a general election will be held, adopts a resolutionspecifying that the board will consist of five members. If the board consistsof seven members, the election of members is governed by paragraph (a). If theboard consists of five members, the election of members is governed by paragraph(b).
2. Before the adoption of a resolution pursuant toparagraph (c) of subsection 1, the board of trustees shall post conspicuously,in three different places in the school district, a notice containing in fullthe text of the resolution with the date upon which the board of trustees ofthe school district is to meet to act upon the resolution. Posting of thenotice must be made not less than 10 days before the date fixed in the resolutionfor action thereon.
3. If a board of trustees adopts a resolution pursuantto paragraph (c) of subsection 1, it must transmit a copy of the resolution tothe Superintendent of Public Instruction on or before December 15 of the yearbefore the general election will be held.
[58:32:1956](NRS A 1971, 1534; 1979, 1574; 1981, 723;1987, 181; 1995, 4)
NRS
1. On or before June 1 in any year in which a generalelection is held, the Superintendent of Public Instruction shall file with eachclerk of a county whose boundaries are conterminous with a county schooldistrict a certificate stating the total number of pupils enrolled during thatschool year in the county school district.
2. On or before January 1 in any year in which ageneral election is held, the Superintendent of Public Instruction shall filewith each clerk of a county whose boundaries are conterminous with a countyschool district a certificate stating the number and offices of trustees of thecounty school district to be filled at the next general election.
[61:32:1956](NRS A 1971, 518; 1993, 2207)
NRS
1. At the general election in 1980 and every 4 yearsthereafter, in a county school district where fewer than 1,000 pupils wereenrolled during the preceding school year, three trustees shall be elected atlarge within the district, as follows:
(a) One person who resides at the county seat; but ifless than 40 percent of the residents of the county reside at the county seatthen such person need not reside at the county seat.
(b) One person who resides in the county but not at thecounty seat.
(c) One person who resides in the county but not at thecounty seat; but if 80 percent or more of the residents of the county reside atthe county seat then a person who resides at the county seat may be elected tothe office.
2. At the general election in 1982 and every 4 yearsthereafter, in a county school district where fewer than 1,000 pupils wereenrolled during the preceding school year, two trustees shall be elected atlarge within the district, as follows:
(a) One person who resides at the county seat; but ifless than 20 percent of the residents of the county reside at the county seatthen such person need not reside at the county seat.
(b) One person who resides in the county but whoresides neither at the county seat nor in any incorporated city within thecounty.
3. The term of each person elected to the office ofschool trustee is 4 years.
[62:32:1956](NRS A 1979, 1574)
NRS
1. In each county school district in which more than75,000 pupils are enrolled, the board of trustees shall establish sevenelection districts for school trustees. The districts must be:
(a) As nearly equal in population as practicable; and
(b) Composed of contiguous territory.
2. In each county school district in which more than25,000 pupils but not more than 75,000 pupils are enrolled, the board of trusteesshall establish seven election districts for school trustees, as follows:
(a) Five districts which are as nearly equal inpopulation as practicable, each of which includes approximately one-fifth ofthe population of the county; and
(b) Two districts which are as nearly equal inpopulation as practicable, each of which includes approximately one-half of thepopulation of the county.
Thedistricts must be composed of contiguous territory.
3. Each trustee of a school district to which thissection applies must reside in the election district which he represents and beelected by the voters of that election district.
4. In each school district in which more than 25,000pupils are enrolled, the term of a school trustee is 4 years. Three trusteesmust be elected at the general election of 1982 and four trustees must beelected at the general election of 1984.
(Added to NRS by 1981, 722)
NRS
1. If the certificate of the Superintendent of PublicInstruction filed with the county clerk states that the pupil enrollment duringthe preceding school year in a county school district other than Clark orWashoe was less than 1,000, or was 1,000 or more but less than 1,500 in adistrict in which the board of trustees has adopted a resolution in accordancewith NRS 386.120 specifying that theboard will consist of five members, and the board of trustees of the districtis composed of seven members elected at large based upon a previous pupilenrollment of 1,000 or more, then two of the offices of trustee may not befilled at the next succeeding general election.
2. Thereafter, while continued pupil enrollment in thecounty school district is less than 1,000, or is 1,000 or more but less than1,500 in a district in which the board of trustees has adopted a resolution inaccordance with NRS 386.120 specifyingthat the board will consist of five members, the offices of school trustees mustbe filled as provided by law for school districts having pupil enrollments ofless than 1,000.
[64:32:1956](NRS A 1971, 1536; 1979, 1576; 1995, 4)
NRS
1. If the certificate of the Superintendent of PublicInstruction filed with the county clerk states that the pupil enrollment duringthe preceding school year in a county school district was 1,000 or more, andthe board of trustees of the district is composed of five members elected asprovided in NRS 386.160, then at thenext succeeding general election one additional trustee who resides at thecounty seat must be elected for a term of 4 years, and one additional trusteewho resides in the county but not at the county seat must be elected for a termof 2 years.
2. Thereafter, while continued pupil enrollment in thecounty school district is 1,000 or more, the offices of school trustees must befilled as provided by law for school districts having pupil enrollments of thatsize.
3. The provisions of subsections 1 and 2 do not applyin a school district in which the pupil enrollment during the preceding schoolyear was 1,000 or more but less than 1,500, and in which the board of trusteesof the school district has adopted a resolution specifying that the board willconsist of five members.
[65:32:1956](NRS A 1973, 27; 1979, 1576; 1995, 5)
NRS
1. In addition to the manner of election provided in
2. Within 30 days before May 1 of any year in which ageneral election is to be held in the State, 10 percent or more of theregistered voters of a county school district in which 25,000 or fewer pupilsare enrolled may file a written petition with the board of county commissionersof the county praying for the creation of school trustee election areas withinthe county school district in the manner provided in this section. The petitionmust specify with particularity the school trustee election areas proposed tobe created, the number of trustees to be elected from each area, and the mannerof their nomination and election. The number of school trustee election areasproposed must not exceed the number of trustees authorized by law for theparticular county school district. The description of the proposed schooltrustee election areas need not be given by metes and bounds or by legalsubdivisions, but must be sufficient to enable a person to ascertain whatterritory is proposed to be included within a particular school trusteeelection area. The signatures to the petition need not all be appended to onepaper, but each signer must add to his name his place of residence, giving thestreet and number whenever practicable. One of the signers of each paper shallswear or affirm, before a person competent to administer oaths, that each signatureto the paper appended is the genuine signature of the person whose name it purportsto be.
3. Immediately after the receipt of the petition, theboard of county commissioners shall fix a date for a public hearing to be heldduring the month of May, and shall give notice thereof by publication at leastonce in a newspaper published in the county, or if no such newspaper ispublished therein then in a newspaper published in the State of Nevada andhaving a general circulation in the county. The costs of publication of thenotice is a proper charge against the county school district fund.
4. If, as a result of the public hearing, the board ofcounty commissioners finds that the creation of school trustee election areaswithin the county school district is desirable, the board of countycommissioners shall, by resolution regularly adopted before June 1, divide thecounty school district into the number of school trustee election areasspecified in the petition, designate them by number and define theirboundaries. The territory comprising each school trustee election area must becontiguous. The resolution must further set forth the number of trustees to beelected from each school trustee election area and the manner of theirnomination and election.
5. Before June 1 and immediately following theadoption of the resolution creating school trustee election areas within acounty school district, the clerk of the board of county commissioners shalltransmit a certified copy of the resolution to the Superintendent of PublicInstruction.
6. Upon the creation of school trustee election areaswithin a county school district the terms of office of all trustees then inoffice expire on the 1st Monday of January thereafter next following a generalelection. At the general election held following the creation of school trusteeelection areas within a county school district, school trustees to representthe odd-numbered school trustee election areas must be elected for terms of 4years and school trustees to represent the even-numbered school trusteeelection areas must be elected for terms of 2 years. Thereafter, at eachgeneral election, the offices of school trustees must be filled for terms of 4years in the order in which the terms of office expire.
7. A candidate for the office of trustee of a countyschool district in which school trustee election areas have been created mustbe a qualified elector and a resident of the school trustee election area whichhe seeks to represent.
8. The board of county commissioners may by resolutionchange the boundaries of school trustee election areas or the manner of nominationor election of school trustees after:
(a) Holding a public hearing of which notice must begiven as provided in subsection 3; and
(b) Receiving, at the hearing or by resolution, theconsent of the board of trustees of the school district.
9. If the Superintendent of Public Instructioncertifies to the county clerk that the enrollment of pupils during thepreceding school year in a county school district was less than 1,000, or was1,000 or more but less than 1,500 in a district in which the board of trusteeshas adopted a resolution in accordance with NRS386.120 specifying that the board will consist of five members, and theboard of trustees of the county school district is composed of seven electedmembers based upon a previous enrollment of 1,000 or more, the board of countycommissioners shall alter the school trustee election areas or change thenumber of trustees to be elected from the areas, or the manner of theirnomination and election, as may be necessary to provide for reduction of themembership of the board of trustees of the county school board from seven tofive members, and only five school trustees may thereafter be nominated andelected at the forthcoming elections.
10. If the Superintendent of Public Instructioncertifies to the county clerk that the enrollment of pupils during thepreceding school year in a county school district was 1,000 or more, and theboard of trustees of the county school district is composed of five electedmembers, the board of county commissioners shall alter the school trusteeelection areas or change the number of trustees to be elected from the areas,or the manner of their nomination and election, as may be necessary to providefor increasing the membership of the board of trustees of the county schooldistrict from five to seven members, and two additional school trustees mustthereafter be nominated and elected at the forthcoming elections.
11. The provisions of subsection 10 do not apply in aschool district in which the pupil enrollment during the preceding school yearwas 1,000 or more but less than 1,500, and in which the board of trustees ofthe school district has adopted a resolution specifying that the board willconsist of five members.
[65.1:32:1956](NRS A 1967, 933; 1979, 1577; 1981,723; 1987, 181; 1995, 5)
NRS
1. In any county school district in which not morethan 25,000 pupils are enrolled, the board of trustees may adopt a resolutiondividing the geographical area of the school district into a number of electiondistricts identical to the number of trustees.
2. The election districts must:
(a) Be single-member districts.
(b) Be formed with reference to assembly districts asfar as is practicable.
(c) Have nearly equal populations as far as ispracticable.
3. This section does not authorize any change in thenumber of members of the board of trustees.
4. If a board of trustees adopts a resolution pursuantto this section, the members of the board continue to hold office until thenext following general election.
5. As used in this section, unless the contextotherwise requires, assembly district means any district created pursuant tothe provisions of chapter 218 of NRS for theelection of assemblymen.
(Added to NRS by 1987, 180)
NRS
(Added to NRS by 1987, 180)
NRS
1. Election districts created pursuant to
(a) Voters in each election district elect a trustee torepresent them; or
(b) Trustees are elected by all of the voters in thecounty school district.
In either case,each trustee must be a resident of the election district which he representsthroughout his term of office.
2. The board of trustees shall adopt a resolution,after a public hearing on the matter, determining whether each trustee will beelected solely by the voters in his election district or all of the voters inthe county school district.
(Added to NRS by 1987, 180)
NRS
1. Be a qualified elector.
2. Have the qualifications of residence within thecounty school district required for the office for which he seeks election.
[69:32:1956](NRS A 1971, 518)
NRS
1. Candidates for the office of trustee shall benominated in the manner provided by the primary election laws of this state.
2. The declaration of candidacy and the acceptance ofa candidacy by candidates for the office of trustee of county school districtsshall be filed with the county clerk of the county whose boundaries areconterminous with the county school district boundaries.
[70:32:1956](NRS A 1960, 284; 1963, 1378; 1971, 518)
NRS
1. Trustees shall be elected as provided in theelection laws of this state.
2. After the close of any election, and in accordancewith law, the board of county commissioners shall make abstracts of the votescast for trustees and shall order the county clerk to issue electioncertificates to the candidates elected.
3. Immediately, the county clerk shall transmit a copyof each election certificate to the Superintendent of Public Instruction.
[71:32:1956](NRS A 1959, 810; 1960, 285; 1971, 518;1973, 88)
NRS
1. Any vacancy occurring in a board of trustees mustbe filled by appointment by the remaining members of the board at a publicmeeting held after notice of the meeting is published at least once each weekfor 2 weeks in a newspaper qualified pursuant to the provisions of
2. Any person appointed to fill a vacancy must havethe qualifications provided in NRS 386.240.
[72:32:1956](NRS A 1971, 71;
NRS
1. If a vacancy occurs, or will occur, in a board oftrustees because a member of the board has entered, or is entering, into activemilitary service, the board of trustees may appoint a person to serve as atemporary replacement for that member. Such a temporary appointment must bemade in the manner, and subject to the requirements, otherwise prescribed in
2. If a person is temporarily appointed to serve on aboard of trustees pursuant to this section:
(a) The person fully assumes the duties, rights andresponsibilities of a member of the board of trustees, and is entitled to thecompensation, allowances and expenses otherwise payable to a member, for theduration of his appointment.
(b) The member of a board of trustees who istemporarily replaced shall be deemed to be on leave without pay from the boardof trustees for the duration of the appointment of his temporary replacement.
3. A person appointed to serve on the board oftrustees pursuant to this section serves:
(a) Until the member of the board of trustees beingtemporarily replaced returns from active military service; or
(b) For the remainder of the unexpired term of thatmember,
whicheveroccurs first.
(Added to NRS by
NRS
1. In addition to salaries allowed under
(a) His traveling expenses for traveling each waybetween his home and the place where board meetings are held at the rateauthorized by law for state officers.
(b) His living expenses necessarily incurred while inactual attendance at board meetings at the rate authorized by law for stateofficers.
2. Claims for mileage and per diem allowances shall beallowed and paid in the same manner as other claims against the school districtfund are paid, but no claim for mileage and per diem allowances for livingexpenses shall be allowed or paid to a trustee residing not more than 5 milesfrom the place where board meetings are held.
[74:32:1956](NRS A 1960, 144; 1963, 607; 1971, 253)
NRS
1. Enter upon the duties of his office on the 1stMonday in January next following his election.
2. Hold office until his successor is elected andqualified.
3. Take and subscribe to the official oath.
4. File with the Superintendent of Public Instructiona copy of his official oath together with a statement showing the term forwhich he has been elected or appointed.
[75:32:1956](NRS A 1959, 810)
NRS
(Added to NRS by 1977, 1113)
NRS
1. The board of trustees shall meet and organize by:
(a) Electing one of its members as president.
(b) Electing one of its members as clerk, or byselecting some other qualified person as clerk.
(c) Electing additional officers as may be deemednecessary.
(d) Fixing the term of office for each of its officers.
2. A record of the organization of the board oftrustees must be entered in the minutes, together with the amount of salary tobe paid to the clerk.
3. Immediately after the organization of the board oftrustees, the clerk shall file the names of the president, the clerk and themembers of the board of trustees with the Department and the county auditor ofthe county whose boundaries are conterminous with the boundaries of the countyschool district.
[76:32:1956](NRS A 1959, 803; 1971, 519; 1973, 224;1979, 1579; 1981, 1813)
NRS
1. If the total pupil enrollment in the schooldistrict for the immediately preceding school year is less than 1,000:
(a) The clerk and president of the board of trusteesmay each receive a salary of $85 for each board of trustees meeting theyattend, not to exceed $170 a month.
(b) The other trustees may each receive a salary of $80for each board of trustees meeting they attend, not to exceed $160 a month.
(c) The board of trustees may hire a stenographer totake the minutes of the meetings of the board of trustees, and the stenographermay be paid a reasonable fee for each meeting attended.
2. If the total pupil enrollment in the schooldistrict for the immediately preceding school year is 1,000 or more:
(a) The clerk and president of the board of trusteesmay each receive a salary of $85 for each board of trustees meeting theyattend, not to exceed $510 a month.
(b) The other trustees may each receive a salary of $80for each board of trustees meeting they attend, not to exceed $480 a month.
(c) The board of trustees may hire a stenographer totake the minutes of the meetings of the board of trustees, and the stenographermay be paid a reasonable fee for each meeting attended.
[77:32:1956](NRS A 1957, 301; 1969, 618; 1977, 792;1979, 1579; 1981, 1312; 1991, 284, 285;
NRS
1. Keep the minutes and audio recordings ortranscripts of all meetings and transactions of the board of trustees.
2. Subject to the written direction of the board oftrustees, draw all orders for the payment of money belonging to the schooldistrict.
(Added to NRS by 1969, 619; A
1. The board of trustees shall hold a regular meetingat least once each month, at such time and place as the board shall determine.
2. Special meetings of the board of trustees shall beheld at the call of the president whenever there is sufficient business to comebefore the board, or upon the written request of three members of the board.
3. The clerk of the board of trustees shall givewritten notice of each special meeting to each member of the board of trusteesby personal delivery of the notice of the special meeting to each trustee atleast 1 day before the meeting, or by mailing the notice to each trusteesresidence of record, by deposit in the United States mails, postage prepaid, atleast 4 days before the meeting. The notice shall specify the time, place andpurpose of the meeting. If all of the members of the board of trustees arepresent at a special meeting, the lack of notice shall not invalidate theproceedings of the board of trustees.
4. A majority of the members of the board of trusteesshall constitute a quorum for the transaction of business, and no action of theboard of trustees shall be valid unless such action shall receive, at aregularly called meeting, the approval of a majority of all the members of theboard of trustees.
[78:32:1956](NRS A 1959, 810)
NRS
[79:32:1956]
NRS
1. The board of trustees of a school district may:
(a) Acquire and maintain membership in county, stateand national school board associations and pay dues to such associations.
(b) Pay the travel expenses and per diem allowances oftrustees at the same rate authorized by law for state officers when thetrustees attend county, state or national school board association meetings.
2. Claims for dues, travel expenses and per diemallowances authorized in subsection 1 shall be presented and allowed asprovided by law for other claims against the school district.
(Added to NRS by 1963, 607; A 1975, 33; 1979, 1579)
NRS
[80:32:1956](NRS A 1973, 234;
NRS
1. An Act to provide financial assistance for localeducational agencies in areas affected by federal activities, and for otherpurposes, being Public Law 874-81st Congress; and
2. An Act relating to the construction of schoolfacilities in areas affected by federal activities, and for other purposes,being Public Law 815-81st Congress,
as the samehave been amended.
(Added to NRS by 1961, 42)
NRS
1. Not later than 60 days after receipt of amemorandum pursuant to subsection 3 of NRS385.210 or an addendum to a memorandum pursuant to subsection 4 of thatsection, the board of trustees of a school district shall determine whichstatutes and bills described in the memorandum or addendum, as applicable,directly affect pupils, parents, teachers, administrators or other educationalpersonnel and require a plan for implementation. If the board of trusteesdetermines that a statute or bill requires a plan for implementation, the boardof trustees shall prepare a brief plan, which must ensure that the schooldistrict and the public schools within the school district will comply with thestatute or bill on the date on which the statute or bill becomes effective andthereafter.
2. The board of trustees shall provide written notice tothe parents and legal guardians of pupils who are enrolled in public schoolswithin the school district, and to all teachers, administrators and othereducational personnel who are employed by the board of trustees and thegoverning body of each charter school that is located within the schooldistrict of the:
(a) Information contained in the memorandum providedpursuant to subsection 3 of NRS 385.210or the addendum provided pursuant to subsection 4 of that section, asapplicable, that directly affects pupils, parents, teachers, administrators orother educational personnel; and
(b) Brief plan for implementation of the statutes orbills, if any.
3. The written notice provided pursuant to subsection2 to the parents and legal guardians may be:
(a) Included in other notices that the board oftrustees provides to parents and legal guardians.
(b) Provided in a language other than English if theboard of trustees determines that it is necessary for the parent or legalguardian to understand the notice.
4. Each board of trustees may prescribe or enforcerules, not inconsistent with law or rules prescribed by the State Board, forits own government and the government of public schools under its charge.
5. Each board of trustees shall prescribe rules forthe granting of permission to carry or possess a weapon pursuant to
[81:32:1956](NRS A 1989, 657;
NRS
1. Except as provided in subsection 3, each board oftrustees in any county having a population of 100,000 or more shall give 15days notice of its intention to adopt, repeal or amend a policy or regulationof the board concerning any of the subjects set forth in subsection 4. Thenotice must:
(a) Include a description of the subject or subjectsinvolved and must state the time and place of the meeting at which the matterwill be considered by the board; and
(b) Be mailed to the following persons from each of theschools affected:
(1) The principal;
(2) The president of the parent-teacherassociation or similar body; and
(3) The president of the classroom teachersorganization or other collective bargaining agent.
A copy ofthe notice and of the terms of each proposed policy or regulation, or change ina policy or regulation, must be made available for inspection by the public inthe office of the superintendent of schools of the school district at least 15days before its adoption.
2. All persons interested in a proposed policy orregulation or change in a policy or regulation must be afforded a reasonableopportunity to submit data, views or arguments, orally or in writing. The boardof trustees shall consider all written and oral submissions respecting theproposal or change before taking final action.
3. Emergency policies or regulations may be adopted bythe board upon its own finding that an emergency exists.
4. This section applies to policies and regulationsconcerning:
(a) Attendance rules;
(b) Zoning;
(c) Grading;
(d) District staffing patterns;
(e) Curriculum and program;
(f) Pupil discipline; and
(g) Personnel, except with respect to dismissals andrefusals to reemploy covered by contracts entered into as a result of the LocalGovernment Employee-Management Relations Act, as provided in
(Added to NRS by 1977, 1012; A 1979, 544, 1162, 1580)
NRS
[82:32:1956](NRS A 1959, 803; 1979, 1581)
NRS
[83:32:1956](NRS A 1979, 1581)
NRS
[84:32:1956]
NRS
[86:32:1956](NRS A 1971, 519; 1979, 1582)
NRS
1. The board of trustees of any school district mayenter into an agreement with any individual, firm, partnership, corporation,association or public agency which has been approved for such purpose by theAging Services Division of the Department of Health and Human Services, wherebythe school district agrees to prepare hot lunches for persons 60 years of ageor older and their spouses or any group of such persons by utilizing thesystems and procedures already developed for use in the school lunch program ofsuch district.
2. No agreement entered into by a board of trustees ofa school district pursuant to the provisions of this section may:
(a) Involve the expenditure by the school district ofany school lunch money or other public school money or the use of any schoollunch commodities or public school personnel, equipment or facilities unlessthe agreement includes a provision requiring full reimbursement therefor.
(b) Provide for payment to the school district of anyamount in excess of the estimated actual cost of food, personnel, equipment,facilities and other necessary expenditures involved in the performance of theagreement. The estimated actual cost shall be negotiated by the board oftrustees and the Aging Services Division of the Department of Health and Human Services.
(c) Permit any program of hot lunches for persons 60years of age or over and their spouses to interfere in any way with the use ofschool lunch facilities for public school purposes.
(Added to NRS by 1979, 1574)
PROGRAMS OF SCHOOL-BASED DECISION MAKING FOR PUBLIC SCHOOLSWITHIN DISTRICT
NRS
1. For the creation of a school council;
2. For the involvement of parents and other members ofthe community on and with the school council;
3. The requirements for recordkeeping by the schoolcouncil;
4. The procedure for appealing a decision of theschool council;
5. The procedure for a school to obtain a waiver ofthe requirements of regulations of the board of trustees or the State Board;
6. A method for determining the progress of a pupil ina program of school-based decision making;
7. A method for reporting the progress of a pupil tothe pupil, his parents or guardians, the board of trustees and the State Board;
8. Plans for improving the schools within thedistrict;
9. A method for allocating money to schools that haveadopted a program of school-based decision making and for the administration ofthe budget of the school district; and
10. The procedure which a school council or board oftrustees may use to withdraw from a program of school-based decision making.
(Added to NRS by 1993, 2886; A 1995, 862; 1997, 2357)
NRS
(Added to NRS by 1993, 2887; A 1995, 862; 1997, 2357)
NRS
(Added to NRS by 1993, 2887; A 1995, 862; 1997, 2357)
RECYCLING OF MATERIALS; USE OF RECYCLED PRODUCTS
NRS
1. Except as otherwise provided in this section, eachschool district shall recycle or cause to be recycled the paper and paperproducts it uses. This subsection does not apply to confidential documents ifthere is an additional cost for recycling those documents.
2. A school district is not required to comply withthe requirements of subsection 1 if the board of trustees of the schooldistrict determines that the cost to recycle or cause to be recycled the paperand paper products used by the schools in the district is unreasonable andwould place an undue burden on the operations of the district or a particularschool.
3. The board of trustees shall adopt rules whichprescribe the procedure for the disposition of the paper and paper products tobe recycled. The board of trustees may prescribe a procedure for the recyclingof other waste material produced on the premises of the schools in the schooldistrict and the administrative offices of the school district.
4. Any money received by the school district forrecycling or causing to be recycled the paper and paper products it uses mustbe paid by the board of trustees for credit to the general fund of the schooldistrict.
5. As used in this section:
(a) Paper includes newspaper, high-grade officepaper, fine paper, bond paper, offset paper, xerographic paper, mimeo paper,duplicator paper and any other cellulosic material which contains not more than10 percent by weight or volume of a noncellulosic material, including, but notlimited to, a laminate, binder, coating and saturant.
(b) Paper product means any paper article orcommodity, including, but not limited to, paper napkins, towels, cardboard,construction material, paper and any other cellulosic material which containsnot more than 10 percent by weight or volume of a noncellulosic material,including, but not limited to, a laminate, binder, coating and saturant.
(Added to NRS by
NRS
1. Postconsumer waste means a finished materialwhich would normally be disposed of as a solid waste having completed its lifecycle as a consumer item.
2. Recycled paper product means all paper andwood-pulp products containing in some combination at least 50 percent of itstotal weight:
(a) Postconsumer waste; and
(b) Secondary waste,
but does notinclude fibrous waste generated during the manufacturing process such as fibersrecovered from wastewater or trimmings of paper machine rolls, wood slabs, chips,sawdust or other wood residue from a manufacturing process.
3. Secondary waste means fragments of products orfinished products of a manufacturing process, which has converted a virginresource into a commodity of real economic value.
(Added to NRS by 1991, 2192)
NRS
1. The board of trustees of each school district shallreview and revise the specifications for procuring goods and products for theschools in the district to eliminate discrimination against the procurement orpurchase of recycled products whenever the quality of a recycled product isreasonably equal to the same product manufactured with virgin resources. Exceptfor specifications which have been established to preserve the public healthand safety, all specifications for procurement must be established in a mannerwhich results in the maximum procurement and purchase of recycled products.
2. After consultation with the State Department ofConservation and Natural Resources, the board of trustees of each schooldistrict shall adopt regulations governing the bidding procedure andspecifications for paper and paper products purchased by the schools in thedistrict that encourage the maximum purchase of recycled paper products. Thespecifications must give preference to recycled paper products manufacturedwith the highest percentage of recycled material.
(Added to NRS by 1991, 2193)
NRS
1. Except as otherwise provided in this section, theperson authorized to purchase supplies and materials for each school districtshall, when purchasing goods and products for use by the school district, givepreference to recycled products if:
(a) The product meets the applicable standards;
(b) The product can be substituted for a comparablenonrecycled product; and
(c) The product costs no more than a comparablenonrecycled product.
2. When purchasing goods and products for use by theschool district, the person authorized to make such purchases may givepreference to recycled products if:
(a) The product meets the applicable standards;
(b) The product can be substituted for a comparablenonrecycled product; and
(c) The product costs no more than 5 percent more thana comparable nonrecycled product.
3. When purchasing any paper or paper products for useby the school district, the person authorized to make such purchases shallpurchase recycled paper products if the specific recycled paper product is:
(a) Available at a price not more than that of paperproducts made from virgin material;
(b) Of adequate quality; and
(c) Available to the purchaser within a reasonableperiod.
4. When purchasing any paper or paper products for useby the school district, the person authorized to make such purchases maypurchase recycled paper products if the specific recycled paper product is:
(a) Available at a price not more than 10 percenthigher than that of paper products made from virgin material;
(b) Of adequate quality; and
(c) Available to the purchaser within a reasonableperiod.
(Added to NRS by 1991, 2193)
NEVADA INTERSCHOLASTIC ACTIVITIES ASSOCIATION
NRS
(Added to NRS by 1973, 316; A 1989, 689;
1. The NevadaInterscholastic Activities Association shall adopt rules and regulations in themanner provided for state agencies by chapter233B of NRS, as may be necessary to carry out the provisions of
2. If the Nevada Interscholastic ActivitiesAssociation intends to adopt, repeal or amend a policy, rule or regulationconcerning or affecting homeschooled children, the Association shall consultwith the Northern Nevada Homeschool Advisory Council and the Southern NevadaHomeschool Advisory Council, or their successor organizations, to provide thoseCouncils with a reasonable opportunity to submit data, opinions or arguments,orally or in writing, concerning the proposal or change. The Association shallconsider all written and oral submissions respecting the proposal or changebefore taking final action.
(Added to NRS by 1973, 316; A
NRS
(Added to NRS by 1973, 316; A
NRS
(Added to NRS by 1973, 316; A
NRS
(Added to NRS by 1973, 316; A
NRS
1. A homeschooled child must be allowed to participatein interscholastic activities and events in accordance with the regulationsadopted by the Nevada Interscholastic Activities Association pursuant to
2. The provisions of NRS386.420 to 386.470, inclusive, andthe regulations adopted pursuant thereto that apply to pupils enrolled inpublic schools who participate in interscholastic activities and events applyin the same manner to homeschooled children who participate in interscholasticactivities and events, including, without limitation, provisions governing:
(a) Eligibility and qualifications for participation;
(b) Fees for participation;
(c) Insurance;
(d) Transportation;
(e) Requirements of physical examination;
(f) Responsibilities of participants;
(g) Schedules of events;
(h) Safety and welfare of participants;
(i) Eligibility for awards, trophies and medals;
(j) Conduct of behavior and performance ofparticipants; and
(k) Disciplinary procedures.
(Added to NRS by
NRS
(Added to NRS by
NRS
1. Eligibility of homeschooled children to participatein interscholastic activities and events pursuant to
2. Participation of homeschooled children ininterscholastic activities and events pursuant to
that aremore restrictive than the provisions governing eligibility and participationprescribed by the Nevada Interscholastic Activities Association pursuant to
(Added to NRS by
NRS
(Added to NRS by 1989, 689; A
NRS
1. Any liability or action against the NevadaInterscholastic Activities Association must be determined in the same mannerand with the same limitations and conditions as provided in
2. Any liability or action against a public schoolwhich is a member of an association for interscholastic activities formed inanother state must be determined in the same manner and with the samelimitations and conditions as provided in NRS41.0305 to 41.039, inclusive. Tothis extent, the public school shall be deemed a political subdivision of theState.
(Added to NRS by 1973, 317; A 1987, 97; 1989, 689;
CHARTER SCHOOLS
General Provisions
NRS
(Added to NRS by 1997, 1843; A
Subcommittee on Charter Schools; Formation; Renewal andRevocation of Charters
NRS
1. The conversion of an existing public school, homeschool or other program of home study to a charter school.
2. A means for providing financial assistance forprivate schools or programs of home study. The provisions of this subsection donot preclude a private school from ceasing to operate as a private school andreopening as a charter school in compliance with the provisions of
3. The formation of charter schools on the basis of asingle race, religion or ethnicity.
(Added to NRS by 1997, 1843; A
NRS
(Added to NRS by
NRS
(Added to NRS by
NRS
1. Except as otherwise provided in subsection 2:
(a) In a county whose population is 400,000 or more,two charter schools may be formed per every 75,000 pupils who are enrolled inpublic schools in the county school district.
(b) In a county whose population is 100,000 or more butless than 400,000, two charter schools may be formed.
(c) In a county whose population is less than 100,000,one charter school may be formed.
2. The limitations set forth in subsection 1 do notapply to charter schools that are dedicated to providing educational programsand opportunities for pupils who are at risk.
3. If an application to form a charter school that isdedicated to providing educational programs and opportunities for pupils whoare at risk is approved, the governing body of the charter school shall, on orbefore November 1 of each year, submit a report to the sponsor of the charterschool that includes demographic information concerning the pupils enrolled inthe charter school and other information to demonstrate that the charter schoolis dedicated to providing educational programs and opportunities to pupils whoare at risk in compliance with its written charter. The State Board shall adoptregulations setting forth the action, if any, that may be taken against a charterschool if the sponsor determines that the charter school is not dedicated toproviding educational programs and opportunities to pupils who are at risk incompliance with its written charter.
(Added to NRS by 1997, 1844; R
NRS
1. The board of trustees of a school district mayapply to the Department for authorization to sponsor charter schools within theschool district. An application must be approved by the Department before theboard of trustees may sponsor a charter school. Not more than 180 days afterreceiving approval to sponsor charter schools, the board of trustees shallprovide public notice of its ability to sponsor charter schools and solicitapplications for charter schools.
2. The State Board shall sponsor charter schools whoseapplications have been approved by the State Board pursuant to
(Added to NRS by 1997, 1844; A
NRS
1. A committee to form a charter school must consistof at least three teachers, as defined in subsection 4. In addition to theteachers who serve, the committee may consist of:
(a) Members of the general public;
(b) Representatives of nonprofit organizations andbusinesses; or
(c) Representatives of a college or university withinthe Nevada System of Higher Education.
A majorityof the persons described in paragraphs (a), (b) and (c) who serve on thecommittee must be residents of this State at the time that the application toform the charter school is submitted to the Department.
2. Before a committee to form a charter school maysubmit an application to the board of trustees of a school district, theSubcommittee on Charter Schools or the State Board, it must submit theapplication to the Department. The application must include all informationprescribed by the Department by regulation and:
(a) A written description of how the charter schoolwill carry out the provisions of NRS 386.500to 386.610, inclusive.
(b) A written description of the mission and goals forthe charter school. A charter school must have as its stated purpose at leastone of the following goals:
(1) Improving the opportunities for pupils tolearn;
(2) Encouraging the use of effective methods ofteaching;
(3) Providing an accurate measurement of theeducational achievement of pupils;
(4) Establishing accountability of publicschools;
(5) Providing a method for public schools tomeasure achievement based upon the performance of the schools; or
(6) Creating new professional opportunities forteachers.
(c) The projected enrollment of pupils in the charterschool.
(d) The proposed dates of enrollment for the charterschool.
(e) The proposed system of governance for the charterschool, including, without limitation, the number of persons who will govern,the method of selecting the persons who will govern and the term of office foreach person.
(f) The method by which disputes will be resolvedbetween the governing body of the charter school and the sponsor of the charterschool.
(g) The proposed curriculum for the charter school and,if applicable to the grade level of pupils who are enrolled in the charterschool, the requirements for the pupils to receive a high school diploma,including, without limitation, whether those pupils will satisfy therequirements of the school district in which the charter school is located forreceipt of a high school diploma.
(h) The textbooks that will be used at the charterschool.
(i) The qualifications of the persons who will provideinstruction at the charter school.
(j) Except as otherwise required by
(k) A financial plan for the operation of the charterschool. The plan must include, without limitation, procedures for the audit ofthe programs and finances of the charter school and guidelines for determiningthe financial liability if the charter school is unsuccessful.
(l) A statement of whether the charter school willprovide for the transportation of pupils to and from the charter school. If thecharter school will provide transportation, the application must include theproposed plan for the transportation of pupils. If the charter school will notprovide transportation, the application must include a statement that thecharter school will work with the parents and guardians of pupils enrolled inthe charter school to develop a plan for transportation to ensure that pupilshave access to transportation to and from the charter school.
(m) The procedure for the evaluation of teachers of thecharter school, if different from the procedure prescribed in
(n) The time by which certain academic or educationalresults will be achieved.
(o) The kind of school, as defined in subsections 1 to4, inclusive, of NRS 388.020, for whichthe charter school intends to operate.
3. The Department shall review an application to forma charter school to determine whether it is complete. If an applicationproposes to convert an existing public school, home school or other program ofhome study into a charter school, the Department shall deny the application.The Department shall provide written notice to the applicant of its approval ordenial of the application. If the Department denies an application, theDepartment shall include in the written notice the reason for the denial andthe deficiencies in the application. The applicant must be granted 30 daysafter receipt of the written notice to correct any deficiencies identified inthe written notice and resubmit the application.
4. As used in subsection 1, teacher means a personwho:
(a) Holds a current license to teach issued pursuant tochapter 391 of NRS; and
(b) Has at least 2 years of experience as an employedteacher.
The termdoes not include a person who is employed as a substitute teacher.
(Added to NRS by 1997, 1844; A
NRS
1. Upon approval of an application by the Department,a committee to form a charter school may submit the application to the board oftrustees of the school district in which the proposed charter school will belocated or directly to the Subcommittee on Charter Schools. If the board oftrustees of a school district receives an application to form a charter school,the board of trustees shall consider the application at a meeting that must beheld not later than 45 days after the receipt of the application, or a periodmutually agreed upon by the committee to form the charter school and the boardof trustees of the school district, and ensure that notice of the meeting hasbeen provided pursuant to chapter 241 of NRS.The board of trustees, the Subcommittee on Charter Schools or the State Board,as applicable, shall review an application to determine whether theapplication:
(a) Complies with NRS386.500 to 386.610, inclusive, andthe regulations applicable to charter schools; and
(b) Is complete in accordance with the regulations ofthe Department.
2. The Department shall assist the board of trusteesof a school district in the review of an application. The board of trustees mayapprove an application if it satisfies the requirements of paragraphs (a) and(b) of subsection 1. The board of trustees shall provide written notice to theapplicant of its approval or denial of the application.
3. If the board of trustees denies an application, itshall include in the written notice the reasons for the denial and thedeficiencies in the application. The applicant must be granted 30 days afterreceipt of the written notice to correct any deficiencies identified in thewritten notice and resubmit the application.
4. If the board of trustees denies an applicationafter it has been resubmitted pursuant to subsection 3, the applicant maysubmit a written request for sponsorship by the State Board to the Subcommitteeon Charter Schools created pursuant to NRS386.507 not more than 30 days after receipt of the written notice ofdenial. Any request that is submitted pursuant to this subsection must beaccompanied by the application to form the charter school.
5. If the Subcommittee on Charter Schools receives anapplication pursuant to subsection 1 or 4, it shall hold a meeting to considerthe application. The meeting must be held not later than 45 days after receiptof the application. Notice of the meeting must be posted in accordance with
6. The Subcommittee on Charter Schools shall transmitthe application and the recommendation of the Subcommittee for approval ordenial of the application to the State Board. Not more than 14 days after thedate of the meeting of the Subcommittee pursuant to subsection 5, the StateBoard shall hold a meeting to consider the recommendation of the Subcommittee.Notice of the meeting must be posted in accordance with
7. If the State Board denies an application, it shallinclude in the written notice the reasons for the denial and the deficienciesin the application. The applicant must be granted 30 days after receipt of thewritten notice to correct any deficiencies identified in the written notice andresubmit the application.
8. If the State Board denies an application after ithas been resubmitted pursuant to subsection 7, the applicant may, not more than30 days after the receipt of the written notice from the State Board, appealthe final determination to the district court of the county in which theproposed charter school will be located.
9. On or beforeJanuary 1 of each odd-numbered year, the Superintendent of Public Instructionshall submit a written report to the Director of the Legislative Counsel Bureaufor transmission to the next regular session of the Legislature. The reportmust include:
(a) A list of each application to form a charter schoolthat was submitted to the board of trustees of a school district or the StateBoard during the immediately preceding biennium;
(b) The educational focus of each charter school forwhich an application was submitted;
(c) The current status of the application; and
(d) If the application was denied, the reasons for thedenial.
(Added to NRS by 1997, 1846; A
NRS
1. If the State Board or the board of trustees of aschool district approves an application to form a charter school, it shallgrant a written charter to the applicant. The State Board or the board oftrustees, as applicable, shall, not later than 10 days after the approval ofthe application, provide written notice to the Department of the approval andthe date of the approval. If the board of trustees approves the application,the board of trustees shall be deemed the sponsor of the charter school.
2. If the State Board approves the application:
(a) The State Board shall be deemed the sponsor of thecharter school.
(b) Neither the State of Nevada, the State Board northe Department is an employer of the members of the governing body of thecharter school or any of the employees of the charter school.
3. Upon the initial renewal of a written charter andeach renewal thereafter, the governing body of a charter school may request achange in the sponsorship of the charter school to an entity that is authorizedto sponsor charter schools pursuant to NRS386.515. The State Board shall adopt objective criteria for the conditionsunder which such a request may be granted.
4. Except as otherwise provided in subsection 6, awritten charter must be for a term of 6 years unless the governing body of acharter school renews its initial charter after 3 years of operation pursuantto subsection 2 of NRS 386.530. Awritten charter must include all conditions of operation set forth inparagraphs (a) to (o), inclusive, of subsection 2 of
5. The governing body of a charter school may submitto the sponsor of the charter school a written request for an amendment of thewritten charter of the charter school. Such an amendment may include, withoutlimitation, the expansion of instruction and other educational services topupils who are enrolled in grade levels other than the grade levels of pupilscurrently enrolled in the charter school if the expansion of grade levels doesnot change the kind of school, as defined in NRS388.020, for which the charter school is authorized to operate. If theproposed amendment complies with the provisions of this section,
6. The State Board shall adopt objective criteria forthe issuance of a written charter to an applicant who is not prepared tocommence operation on the date of issuance of the written charter. The criteriamust include, without limitation, the:
(a) Period for which such a written charter is valid;and
(b) Timelines by which the applicant must satisfycertain requirements demonstrating its progress in preparing to commenceoperation.
A holder ofsuch a written charter may apply for grants of money to prepare the charterschool for operation. A written charter issued pursuant to this subsection mustnot be designated as a conditional charter or a provisional charter orotherwise contain any other designation that would indicate the charter isissued for a temporary period.
7. The holder of a written charter that is issuedpursuant to subsection 6 shall not commence operation of the charter school andis not eligible to receive apportionments pursuant to
(a) Schools of the school district in which the charterschool is located that operate on a traditional school schedule and not ayear-round school schedule; or
(b) Charter school,
whicheverdate the sponsor selects. The sponsor shall not require a charter school todemonstrate compliance with the requirements of this subsection more than 30days before the date selected. However, it may authorize a charter school todemonstrate compliance less than 30 days before the date selected.
(Added to NRS by
NRS
1. Except as otherwise provided in subsection 2, anapplication for renewal of a written charter may be submitted to the sponsor ofthe charter school not less than 90 days before the expiration of the charter.The application must include the information prescribed by the regulations ofthe Department. The sponsor shall conduct an intensive review and evaluation ofthe charter school in accordance with the regulations of the Department. Thesponsor shall renew the charter unless it finds the existence of any ground forrevocation set forth in NRS 386.535. Thesponsor shall provide written notice of its determination not fewer than 30 daysbefore the expiration of the charter. If the sponsor intends not to renew thecharter, the written notice must:
(a) Include a statement of the deficiencies or reasonsupon which the action of the sponsor is based; and
(b) Prescribe a period of not less than 30 days duringwhich the charter school may correct any such deficiencies.
If thecharter school corrects the deficiencies to the satisfaction of the sponsorwithin the time prescribed in paragraph (b), the sponsor shall renew thecharter of the charter school.
2. A charter school may submit an application forrenewal of its initial charter after 3 years of operation of the charterschool. The application must include the information prescribed by theregulations of the Department. The sponsor shall conduct an intensive reviewand evaluation of the charter school in accordance with the regulations of theDepartment. The sponsor shall renew the charter unless it finds the existenceof any ground for revocation set forth in NRS386.535. The sponsor shall provide written notice of its determination. Ifthe sponsor intends not to renew the charter, the written notice must:
(a) Include a statement of the deficiencies or reasonsupon which the action of the sponsor is based; and
(b) Prescribe a period of not less than 30 days duringwhich the charter school may correct any such deficiencies.
If thecharter school corrects the deficiencies to the satisfaction of the sponsorwithin the time prescribed in paragraph (b), the sponsor shall renew thecharter of the charter school.
(Added to NRS by 1997, 1849)
NRS
1. The sponsor of a charter school may revoke thewritten charter of the charter school before the expiration of the charter ifthe sponsor determines that:
(a) The charter school, its officers or its employeeshave failed to comply with:
(1) The terms and conditions of the writtencharter;
(2) Generally accepted standards of accountingand fiscal management; or
(3) The provisions of
(b) The charter school has filed for a voluntarypetition of bankruptcy, is adjudicated bankrupt or insolvent, or is otherwisefinancially impaired such that the charter school cannot continue to operate;or
(c) There is reasonable cause to believe thatrevocation is necessary to protect the health and safety of the pupils who areenrolled in the charter school or persons who are employed by the charterschool from jeopardy, or to prevent damage to or loss of the property of theschool district or the community in which the charter school is located.
2. Before the sponsor revokes a written charter, thesponsor shall provide written notice of its intention to the governing body ofthe charter school. The written notice must:
(a) Include a statement of the deficiencies or reasonsupon which the action of the sponsor is based;
(b) Except as otherwise provided in subsection 4,prescribe a period, not less than 30 days, during which the charter school maycorrect the deficiencies, including, without limitation, the date on which theperiod to correct the deficiencies begins and the date on which that periodends;
(c) Prescribe the date on which the sponsor will make adetermination regarding whether the charter school has corrected thedeficiencies, which determination may be made during the public hearing heldpursuant to subsection 3; and
(d) Prescribe the date on which the sponsor will hold apublic hearing to consider whether to revoke the charter.
3. Except as otherwise provided in subsection 4, notmore than 90 days after the notice is provided pursuant to subsection 2, thesponsor shall hold a public hearing to make a determination regarding whetherto revoke the written charter. If the charter school corrects the deficienciesto the satisfaction of the sponsor within the time prescribed in paragraph (b)of subsection 2, the sponsor shall not revoke the written charter of thecharter school. The sponsor may not include in a written notice pursuant tosubsection 2 any deficiency which was included in a previous written notice andwhich was corrected by the charter school, unless the deficiency recurred afterbeing corrected.
4. The sponsor of a charter school and the governingbody of the charter school may enter into a written agreement that prescribesdifferent time periods than those set forth in subsections 2 and 3.
(Added to NRS by 1997, 1848; A
1. The Department shall adopt regulations that prescribe:
(a) The process for submission of an application by theboard of trustees of a school district to the Department for authorization tosponsor charter schools and the contents of the application;
(b) The process for submission of an application toform a charter school to the Department, the board of trustees of a schooldistrict and the Subcommittee on Charter Schools, and the contents of theapplication;
(c) The process for submission of an application torenew a written charter; and
(d) The criteria and type of investigation that must beapplied by the board of trustees, the Subcommittee on Charter Schools and theState Board in determining whether to approve an application to form a charterschool or an application to renew a written charter.
2. The Department may adopt regulations as itdetermines are necessary to carry out the provisions of
(Added to NRS by 1997, 1856; A
NRS
1. The Department and theboard of trustees of a school district shall:
(a) Upon request, provide information to the generalpublic concerning the formation and operation of charter schools; and
(b) Maintain a list available for public inspectionthat describes the location of each charter school.
2. The sponsor of a charter school shall:
(a) Provide reasonable assistance to an applicant for acharter school and to a charter school in carrying out the provisions of
(b) Provide technical and other reasonable assistanceto a charter school for the operation of the charter school; and
(c) Provide information to the governing body of acharter school concerning the availability of money for the charter school,including, without limitation, money available from the Federal Government.
3. The Department shall provide appropriateinformation, education and training for charter schools and the governingbodies of charter schools concerning the applicable provisions of title 34 ofNRS and other laws and regulations that affect charter schools and thegoverning bodies of charter schools.
(Added to NRS by 1997, 1856; A
NRS
1. Review all statutes and regulations from whichcharter schools are exempt and determine whether such exemption assisted orimpeded the charter schools in achieving their educational goals andobjectives.
2. Make available information concerning the formationand operation of charter schools in this State to pupils, parents and legalguardians of pupils, teachers and other educational personnel and members ofthe general public.
(Added to NRS by 1997, 1856)
Governing Body; Operation and Finances; Implementation ofStatutes; Relations With Board of Trustees
NRS
1. The governing body of a charter school must consistof at least three teachers, as defined in subsection 4, and may consist of,without limitation, parents and representatives of nonprofit organizations andbusinesses. A majority of the members of the governing body must reside in thisState. If the membership of the governing body changes, the governing bodyshall provide written notice to the sponsor of the charter school within 10working days after such change. A person may serve on the governing body onlyif he submits an affidavit to the Department indicating that the person:
(a) Has not been convicted of a felony relating toserving on the governing body of a charter school or any offense involvingmoral turpitude.
(b) Has read and understands material concerning theroles and responsibilities of members of governing bodies of charter schoolsand other material designed to assist the governing bodies of charter schools,if such material is provided to the person by the Department.
2. The governing body of a charter school is a publicbody. It is hereby given such reasonable and necessary powers, not conflictingwith the Constitution and the laws of the State of Nevada, as may be requisiteto attain the ends for which the charter school is established and to promotethe welfare of pupils who are enrolled in the charter school.
3. The governing body of a charter school shall,during each calendar quarter, hold at least one regularly scheduled publicmeeting in the county in which the charter school is located.
4. As used in subsection 1, teacher means a personwho:
(a) Holds a current license to teach issued pursuant tochapter 391 of NRS; and
(b) Has at least 2 years of experience as an employedteacher.
The termdoes not include a person who is employed as a substitute teacher.
(Added to NRS by
NRS
1. A charter school shall:
(a) Comply with all laws and regulations relating todiscrimination and civil rights.
(b) Remain nonsectarian, including, without limitation,in its educational programs, policies for admission and employment practices.
(c) Refrain from charging tuition or fees, levyingtaxes or issuing bonds.
(d) Comply with any plan for desegregation ordered by acourt that is in effect in the school district in which the charter school islocated.
(e) Comply with the provisions of
(f) Except as otherwise provided in this paragraph,schedule and provide annually at least as many days of instruction as arerequired of other public schools located in the same school district as thecharter school is located. The governing body of a charter school may submit awritten request to the Superintendent of Public Instruction for a waiver fromproviding the days of instruction required by this paragraph. TheSuperintendent of Public Instruction may grant such a request if the governingbody demonstrates to the satisfaction of the Superintendent that:
(1) Extenuating circumstances exist to justifythe waiver; and
(2) The charter school will provide at least asmany hours or minutes of instruction as would be provided under a programconsisting of 180 days.
(g) Cooperate with the board of trustees of the schooldistrict in the administration of the achievement and proficiency examinationsadministered pursuant to NRS 389.015 andthe examinations required pursuant to NRS389.550 to the pupils who are enrolled in the charter school.
(h) Comply with applicable statutes and regulationsgoverning the achievement and proficiency of pupils in this State.
(i) Provide instruction in the core academic subjectsset forth in subsection 1 of NRS 389.018,as applicable for the grade levels of pupils who are enrolled in the charterschool, and provide at least the courses of study that are required of pupilsby statute or regulation for promotion to the next grade or graduation from a publichigh school and require the pupils who are enrolled in the charter school totake those courses of study. This paragraph does not preclude a charter schoolfrom offering, or requiring the pupils who are enrolled in the charter schoolto take, other courses of study that are required by statute or regulation.
(j) If the parent or legal guardian of a child submitsan application to enroll in kindergarten, first grade or second grade at thecharter school, comply with NRS 392.040regarding the ages for enrollment in those grades.
(k) Refrain from using public money to purchase realproperty or buildings without the approval of the sponsor.
(l) Hold harmless, indemnify and defend the sponsor ofthe charter school against any claim or liability arising from an act oromission by the governing body of the charter school or an employee or officerof the charter school. An action at law may not be maintained against thesponsor of a charter school for any cause of action for which the charterschool has obtained liability insurance.
(m) Provide written notice to the parents or legalguardians of pupils in grades 9 to 12, inclusive, who are enrolled in thecharter school of whether the charter school is accredited by the Commission onSchools of the Northwest Association of Schools and of Colleges andUniversities.
(n) Adopt a final budget in accordance with theregulations adopted by the Department. A charter school is not required toadopt a final budget pursuant to NRS 354.598or otherwise comply with the provisions of chapter354 of NRS.
(o) If the charter school provides a program ofdistance education pursuant to NRS 388.820to 388.874, inclusive, comply with allstatutes and regulations that are applicable to a program of distance educationfor purposes of the operation of the program.
2. A charter school shall not provide instructionthrough a program of distance education to children who are exempt fromcompulsory attendance authorized by the State Board pursuant to subsection 1 ofNRS 392.070. As used in this subsection,distance education has the meaning ascribed to it in
(Added to NRS by 1997, 1849; A
NRS
(Added to NRS by
NRS
1. Not later than 60 days after receipt of amemorandum pursuant to subsection 3 of NRS385.210 or an addendum to a memorandum pursuant to subsection 4 of thatsection, the governing body of a charter school shall determine which statutesand bills described in the memorandum or addendum, as applicable, directlyaffect pupils, parents, teachers, administrators or other educational personnelof the charter school and require a plan for implementation. If the governingbody determines that a statute or bill requires a plan for implementation, thegoverning body shall prepare a brief plan, which must ensure that the charterschool will comply with the statute or bill on the date on which the statute orbill becomes effective and thereafter.
2. The governing body of a charter school shallprovide to the parents and legal guardians of pupils who are enrolled in thecharter school, and to all teachers, administrators and other educationalpersonnel who are employed by the charter school, written notice of the:
(a) Information contained in the memorandum providedpursuant to subsection 3 of NRS 385.210or the addendum provided pursuant to subsection 4 of that section, asapplicable, that directly affects pupils, parents, teachers, administrators orother educational personnel of the charter school; and
(b) Brief plan for implementation of the statutes orbills, if any.
3. The written notice provided pursuant to subsection2 to the parents and legal guardians may be:
(a) Included in other notices that the charter schoolprovides to parents and legal guardians.
(b) Provided in a language other than English if thegoverning body determines that it is necessary for the parent or legal guardianto understand the notice.
(Added to NRS by
NRS
(Added to NRS by
NRS
(Added to NRS by 1997, 1850)
NRS
1. The governing body of a charter school may contractwith the board of trustees of the school district in which the charter schoolis located or the Nevada System of Higher Education for the provision offacilities to operate the charter school or to perform any service relating tothe operation of the charter school, including, without limitation,transportation and the provision of health services for the pupils who areenrolled in the charter school.
2. A charter school may use any public facilitylocated within the school district in which the charter school is located. Acharter school may use school buildings owned by the school district only uponapproval of the board of trustees of the school district and during times thatare not regular school hours.
3. The board of trustees of a school district maydonate surplus personal property of the school district to a charter schoolthat is located within the school district.
4. Except as otherwise provided in this subsection,upon the request of a parent or legal guardian of a pupil who is enrolled in acharter school, the board of trustees of the school district in which thecharter school is located shall authorize the pupil to participate in a classthat is not available to the pupil at the charter school or participate in anextracurricular activity, excluding sports, at a public school within theschool district if:
(a) Space for the pupil in the class or extracurricularactivity is available; and
(b) The parent or legal guardian demonstrates to thesatisfaction of the board of trustees that the pupil is qualified toparticipate in the class or extracurricular activity.
If the boardof trustees of a school district authorizes a pupil to participate in a classor extracurricular activity, excluding sports, pursuant to this subsection, theboard of trustees is not required to provide transportation for the pupil toattend the class or activity. The provisions of this subsection do not apply toa pupil who is enrolled in a charter school and who desires to participate on apart-time basis in a program of distance education provided by the board oftrustees of a school district pursuant to NRS388.820 to 388.874, inclusive. Sucha pupil must comply with NRS 388.858.
5. Upon the request of a parent or legal guardian of apupil who is enrolled in a charter school, the board of trustees of the schooldistrict in which the charter school is located shall authorize the pupil toparticipate in sports at the public school that he would otherwise be requiredto attend within the school district, or upon approval of the board oftrustees, any public school within the same zone of attendance as the charterschool if:
(a) Space is available for the pupil to participate;and
(b) The parent or legal guardian demonstrates to thesatisfaction of the board of trustees that the pupil is qualified toparticipate.
If the boardof trustees of a school district authorizes a pupil to participate in sportspursuant to this subsection, the board of trustees is not required to providetransportation for the pupil to participate.
6. The board of trustees of a school district mayrevoke its approval for a pupil to participate in a class, extracurricularactivity or sports at a public school pursuant to subsections 4 and 5 if theboard of trustees or the public school determines that the pupil has failed tocomply with applicable statutes, or applicable rules and regulations of theboard of trustees, the public school or an association for interscholasticactivities. If the board of trustees so revokes its approval, neither the boardof trustees nor the public school is liable for any damages relating to thedenial of services to the pupil.
(Added to NRS by 1997, 1850; A
NRS
1. Unless otherwise authorized by specific statute, itis unlawful for a member of the board of trustees of a school district or anemployee of a school district to solicit or accept any gift or payment of moneyon his own behalf or on behalf of the school district or for any other purposefrom a member of a committee to form a charter school, the governing body of acharter school, or any officer or employee of a charter school.
2. This section does not prohibit the payment of a salaryor other compensation or income to a member of the board of trustees or anemployee of a school district for services provided in accordance with acontract made pursuant to NRS 386.560.
3. A person who violates subsection 1 shall bepunished for a misdemeanor.
(Added to NRS by
NRS
1. Assign any pupil who is enrolled in a public schoolin the school district or any employee who is employed in a public school inthe school district to a charter school.
2. Interfere with the operation and management of thecharter school except as authorized by the written charter,
(Added to NRS by 1997, 1848; A
NRS
1. Each pupil who is enrolled in a charter school,including, without limitation, a pupil who is enrolled in a program of specialeducation in a charter school, must be included in the count of pupils in theschool district for the purposes of apportionments and allowances from theState Distributive School Account pursuant to NRS387.121 to 387.126, inclusive,unless the pupil is exempt from compulsory attendance pursuant to
2. All money received by the charter school from thisState or from the board of trustees of a school district must be deposited in abank, credit union or other financial institution in this State. The governingbody of a charter school may negotiate with the board of trustees of the schooldistrict and the State Board for additional money to pay for services which thegoverning body wishes to offer.
3. Upon completion of a school year, the sponsor of acharter school may request reimbursement from the governing body of the charterschool for the administrative costs associated with sponsorship for that schoolyear if the sponsor provided administrative services during that school year.Upon receipt of such a request, the governing body shall pay the reimbursementto the board of trustees of the school district, if the board of trusteessponsors the charter school, or to the Department if the State Board sponsorsthe charter school. If a governing body fails to pay the reimbursement, thecharter school shall be deemed to have violated its written charter and thesponsor may take such action to revoke the written charter pursuant to
(a) For the first year of operation of the charterschool, 2 percent of the total amount of money apportioned to the charterschool during the year pursuant to NRS387.124.
(b) For any year after the first year of operation ofthe charter school, 1 percent of the total amount of money apportioned to thecharter school during the year pursuant to NRS387.124.
4. If the State Board is the sponsor of a charterschool, the amount of money that may be paid to the Department pursuant to subsection3 for administrative expenses in 1 school year must not exceed:
(a) For the first year of operation of the charterschool, 2 percent of the total amount of money apportioned to the charterschool during the year pursuant to NRS387.124.
(b) For any year after the first year of operation ofthe charter school, 1.5 percent of the total amount of money apportioned to thecharter school during the year pursuant to NRS387.124.
5. To determine the amount of money for distributionto a charter school in its first year of operation, the count of pupils who areenrolled in the charter school must initially be determined 30 days before thebeginning of the school year of the school district, based on the number ofpupils whose applications for enrollment have been approved by the charterschool. The count of pupils who are enrolled in the charter school must berevised on the last day of the first school month of the school district inwhich the charter school is located for the school year, based on the actualnumber of pupils who are enrolled in the charter school. Pursuant to subsection5 of NRS 387.124, the governing body ofa charter school may request that the apportionments made to the charter schoolin its first year of operation be paid to the charter school 30 days before theapportionments are otherwise required to be made.
6. If a charter school ceases to operate as a charterschool during a school year, the remaining apportionments that would have beenmade to the charter school pursuant to NRS387.124 for that year must be paid on a proportionate basis to the schooldistricts where the pupils who were enrolled in the charter school reside.
7. The governing body of a charter school may solicitand accept donations, money, grants, property, loans, personal services orother assistance for purposes relating to education from members of the generalpublic, corporations or agencies. The governing body may comply with applicablefederal laws and regulations governing the provision of federal grants forcharter schools. The State Board may assist a charter school that operatesexclusively for the enrollment of pupils who receive special education inidentifying sources of money that may be available from the Federal Governmentor this State for the provision of educational programs and services to suchpupils.
8. If a charter school uses money received from thisState to purchase real property, buildings, equipment or facilities, thegoverning body of the charter school shall assign a security interest in theproperty, buildings, equipment and facilities to the State of Nevada.
(Added to NRS by 1997, 1852; A
NRS
1. The governing body of a charter school shall designatea person to draw all orders for the payment of money belonging to the charterschool. The orders must be listed on cumulative voucher sheets.
2. The governing body of a charter school shallprescribe the procedures by which the orders must be approved and thecumulative voucher sheets signed.
3. An order for the payment of money to a member ofthe governing body of the charter school may only be drawn for salary, travelexpenses, subsistence allowances or for services rendered by the member.
4. An action may not be maintained against anygoverning body of a charter school or the sponsor of a charter school tocollect upon any bill not presented for payment to the governing body within 6months after the bill was incurred.
(Added to NRS by
NRS
1. If a charter school files a voluntary petition ofbankruptcy or is declared bankrupt during a school year, the governing body ofthe charter school shall make an assignment of all real property and otherproperty of the charter school to the State of Nevada for the repayment of allmoney received by the charter school from this state for the operation of thecharter school during that year. The governing body shall make full settlementwith this state for such repayment, and the State may take any lawful actionnecessary to recover the money.
2. If a charter school files a voluntary petition ofbankruptcy or is declared bankrupt during a school year, neither the State ofNevada nor the sponsor of the charter school may be held liable for any claimsresulting from the bankruptcy.
(Added to NRS by 1997, 1848; A
Fund for Charter Schools
NRS
1. The Fund for Charter Schools is hereby created inthe State Treasury as a revolving loan fund, to be administered by theDepartment.
2. The money in the revolving fund must be invested asother state funds are invested. All interest and income earned on the money inthe revolving fund must be credited to the revolving fund. Any money remainingin the revolving fund at the end of a fiscal year does not revert to the StateGeneral Fund, and the balance in the Fund must be carried forward.
3. All payments of principal and interest on all theloans made to a charter school from the revolving fund must be deposited in theState Treasury for credit to the revolving fund.
4. Claims against the revolving fund must be paid asother claims against the State are paid.
5. The Department may accept gifts, grants, bequestsand donations from any source for deposit in the revolving fund.
(Added to NRS by
NRS
1. After deducting the costs directly related toadministering the Fund for Charter Schools, the Department may use the money inthe Fund for Charter Schools, including repayments of principal and interest onloans made from the Fund, and interest and income earned on money in the Fund,only to make loans at or below market rate to charter schools for the costsincurred:
(a) In preparing a charter school to commence its firstyear of operation; and
(b) To improve a charter school that has been in operation.
2. The total amount of a loan that may be made to acharter school in 1 year must not exceed $25,000.
(Added to NRS by
NRS
1. If the governing body of a charter school has awritten charter issued pursuant to NRS386.527, the governing body may submit an application to the Department fora loan from the Fund for Charter Schools. An application must include a writtendescription of the manner in which the loan will be used to prepare the charterschool for its first year of operation or to improve a charter school that hasbeen in operation.
2. The Department shall, within the limits of moneyavailable for use in the Fund, make loans to charter schools whose applicationshave been approved. If the Department makes a loan from the Fund, theDepartment shall ensure that the contract for the loan includes all terms andconditions for repayment of the loan.
3. The State Board:
(a) Shall adopt regulations that prescribe the:
(1) Annual deadline for submission of anapplication to the Department by a charter school that desires to receive aloan from the Fund; and
(2) Period for repayment and the rate ofinterest for loans made from the Fund.
(b) May adopt such other regulations as it deemsnecessary to carry out the provisions of this section and
(Added to NRS by
Pupils
NRS
1. An application for enrollment in a charter schoolmay be submitted to the governing body of the charter school by the parent orlegal guardian of any child who resides in this State. Except as otherwiseprovided in this subsection and subsection 2, a charter school shall enrollpupils who are eligible for enrollment in the order in which the applicationsare received. If the board of trustees of the school district in which thecharter school is located has established zones of attendance pursuant to
2. Before a charter school enrolls pupils who areeligible for enrollment, a charter school that is dedicated to providingeducational programs and opportunities to pupils who are at risk may enroll achild who:
(a) Is a sibling of a pupil who is currently enrolledin the charter school; or
(b) Resides within the school district and within 2miles of the charter school if the charter school is located in an area that thesponsor of the charter school determines includes a high percentage of childrenwho are at risk. If space is available after the charter school enrolls pupilspursuant to this paragraph, the charter school may enroll children who resideoutside the school district but within 2 miles of the charter school if thecharter school is located within an area that the sponsor determines includes ahigh percentage of children who are at risk.
If morepupils described in this subsection who are eligible apply for enrollment thanthe number of spaces available, the charter school shall determine which applicantsto enroll pursuant to this subsection on the basis of a lottery system.
3. Except as otherwise provided in subsection 7, acharter school shall not accept applications for enrollment in the charterschool or otherwise discriminate based on the:
(a) Race;
(b) Gender;
(c) Religion;
(d) Ethnicity; or
(e) Disability,
of a pupil.
4. If the governing body of a charter schooldetermines that the charter school is unable to provide an appropriate specialeducation program and related services for a particular disability of a pupilwho is enrolled in the charter school, the governing body may request that theboard of trustees of the school district of the county in which the pupilresides transfer that pupil to an appropriate school.
5. Except as otherwise provided in this subsection,upon the request of a parent or legal guardian of a child who is enrolled in apublic school of a school district or a private school, or a parent or legalguardian of a homeschooled child, the governing body of the charter schoolshall authorize the child to participate in a class that is not otherwiseavailable to the child at his school or home school or participate in an extracurricularactivity at the charter school if:
(a) Space for the child in the class or extracurricularactivity is available; and
(b) The parent or legal guardian demonstrates to thesatisfaction of the governing body that the child is qualified to participatein the class or extracurricular activity.
If thegoverning body of a charter school authorizes a child to participate in a classor extracurricular activity pursuant to this subsection, the governing body isnot required to provide transportation for the child to attend the class oractivity. A charter school shall not authorize such a child to participate in aclass or activity through a program of distance education provided by thecharter school pursuant to NRS 388.820to 388.874, inclusive.
6. The governing body of a charter school may revokeits approval for a child to participate in a class or extracurricular activityat a charter school pursuant to subsection 5 if the governing body determinesthat the child has failed to comply with applicable statutes, or applicablerules and regulations. If the governing body so revokes its approval, neitherthe governing body nor the charter school is liable for any damages relating tothe denial of services to the child.
7. This section does not preclude the formation of acharter school that is dedicated to provide educational services exclusively topupils:
(a) With disabilities;
(b) Who pose such severe disciplinary problems thatthey warrant a specific educational program, including, without limitation, acharter school specifically designed to serve a single gender that emphasizespersonal responsibility and rehabilitation; or
(c) Who are at risk.
If moreeligible pupils apply for enrollment in such a charter school than the numberof spaces which are available, the charter school shall determine which applicantsto enroll pursuant to this subsection on the basis of a lottery system.
(Added to NRS by 1997, 1850; A
NRS
(Added to NRS by
NRS
(Added to NRS by
NRS
1. If a charter school provides instruction to pupilsenrolled in a high school grade level and the charter school requires thosepupils to satisfy requirements for graduation from high school that are lessthan the requirements imposed by the school district in which the charterschool is located, the charter school shall not issue a high school diploma ofthe school district but may issue a high school diploma which clearly indicatesthat it is a diploma issued by a charter school. If a charter school requiresits pupils to satisfy requirements for graduation from high school that meet orexceed the requirements of the school district in which the charter school islocated, the charter school may issue a high school diploma of the schooldistrict or a high school diploma of the charter school.
2. A charter school shall submit the form for adiploma of the charter school to the Department for approval if the formdiffers from the form of the school district in which the charter school islocated.
3. The provisions of this section do not authorize acharter school to impose requirements for graduation from high school that areless than the requirements of the applicable state statutes and regulations.
(Added to NRS by
NRS
1. A governing body of a charter school shall adopt:
(a) Written rules of behavior required of and prohibitedfor pupils attending the charter school; and
(b) Appropriate punishments for violations of therules.
2. Except as otherwise provided in subsection 3, ifsuspension or expulsion of a pupil is used as a punishment for a violation ofthe rules, the charter school shall ensure that, before the suspension orexpulsion, the pupil has been given notice of the charges against him, anexplanation of the evidence and an opportunity for a hearing. The provisions ofchapter 241 of NRS do not apply to any hearingconducted pursuant to this section. Such a hearing must be closed to thepublic.
3. A pupil who poses a continuing danger to persons orproperty or an ongoing threat of disrupting the academic process or who isselling or distributing any controlled substance or who is found to be inpossession of a dangerous weapon as provided in
4. A pupil who is enrolled in a charter school andparticipating in a program of special education pursuant to
(a) Suspended from the charter school pursuant to thissection for not more than 10 days.
(b) Suspended from the charter school for more than 10days or permanently expelled from school pursuant to this section only afterthe governing body has reviewed the circumstances and determined that theaction is in compliance with the Individuals with Disabilities Education Act(20 U.S.C. 1400 et seq.).
5. A copy of the rules of behavior, prescribedpunishments and procedures to be followed in imposing punishments must be:
(a) Distributed to each pupil at the beginning of theschool year and to each new pupil who enters school during the year.
(b) Available for public inspection at the charterschool.
6. The governing body of a charter school may adoptrules relating to the truancy of pupils who are enrolled in the charter schoolif the rules are at least as restrictive as the provisions governing truancyset forth in NRS 392.130 to
(Added to NRS by 1997, 1851)
Personnel
NRS
1. Each applicant for employment with a charterschool, except a licensed teacher or other person licensed by theSuperintendent of Public Instruction, must, as a condition to employment,submit to the governing body of the charter school a complete set of hisfingerprints and written permission authorizing the governing body to forwardthe fingerprints to the Central Repository for Nevada Records of CriminalHistory for its report on the criminal history of the applicant and for submissionto the Federal Bureau of Investigation for its report on the criminal historyof the applicant.
2. If the reports on the criminal history of anapplicant indicate that the applicant has not been convicted of a felony or anoffense involving moral turpitude, the governing body of the charter school mayemploy the applicant.
3. If a report on the criminal history of an applicantindicates that the applicant has been convicted of a felony or an offenseinvolving moral turpitude and the governing body of the charter school does notdisqualify the applicant from further consideration of employment on the basisof that report, the governing body shall, upon the written authorization of theapplicant, forward a copy of the report to the Superintendent of Public Instruction.If the applicant refuses to provide his written authorization to forward a copyof the report pursuant to this subsection, the charter school shall not employthe applicant.
4. The Superintendent of Public Instruction or hisdesignee shall promptly review the report to determine whether the convictionof the applicant is related or unrelated to the position with the charterschool for which the applicant has applied. If the applicant desires employmentwith the charter school, he shall, upon the request of the Superintendent ofPublic Instruction or his designee, provide any further information that theSuperintendent or his designee determines is necessary to make thedetermination. If the governing body of the charter school desires to employthe applicant, the governing body shall, upon the request of the Superintendentof Public Instruction or his designee, provide any further information that theSuperintendent or his designee determines is necessary to make thedetermination. The Superintendent of Public Instruction or his designee shallprovide written notice of the determination to the applicant and to thegoverning body of the charter school.
5. If the Superintendent of Public Instruction or hisdesignee determines that the conviction of the applicant is related to theposition with the charter school for which the applicant has applied, thegoverning body of the charter school shall not employ the applicant. If theSuperintendent of Public Instruction or his designee determines that theconviction of the applicant is unrelated to the position with the charterschool for which the applicant has applied, the governing body of the charterschool may employ the applicant for that position.
(Added to NRS by
NRS
1. Except as otherwise provided in this subsection, atleast 70 percent of the teachers who provide instruction at a charter schoolmust be licensed teachers. If a charter school is a vocational school, thecharter school shall, to the extent practicable, ensure that at least 70percent of the teachers who provide instruction at the school are licensedteachers, but in no event may more than 50 percent of the teachers who provideinstruction at the school be unlicensed teachers.
2. A governing body of a charter school shall employ:
(a) If the charter school offers instruction inkindergarten or grade 1, 2, 3, 4, 5, 6, 7 or 8, a licensed teacher to teachpupils who are enrolled in those grades. If required by subsection 3 or 4, sucha teacher must possess the qualifications required by 20 U.S.C. 6319(a).
(b) If the charter school offers instruction in grade9, 10, 11 or 12, a licensed teacher to teach pupils who are enrolled in thosegrades for the subjects set forth in subsection 4. If required by subsection 3or 4, such a teacher must possess the qualifications required by 20 U.S.C. 6319(a).
(c) In addition to the requirements of paragraphs (a)and (b):
(1) If a charter school specializes in arts andhumanities, physical education or health education, a licensed teacher to teachthose courses of study.
(2) If a charter school specializes in theconstruction industry or other building industry, licensed teachers to teachcourses of study relating to the industry if those teachers are employed fulltime.
(3) If a charter school specializes in theconstruction industry or other building industry and the school offers coursesof study in computer education, technology or business, licensed teachers toteach those courses of study if those teachers are employed full time.
3. A person who is initially hired by the governingbody of a charter school on or after January 8, 2002, to teach in a programsupported with money from Title I must possess the qualifications required by20 U.S.C. 6319(a). For the purposes of this subsection, a person is notinitially hired if he has been employed as a teacher by another schooldistrict or charter school in this State without an interruption in employmentbefore the date of hire by his current employer.
4. A teacher who is employed by a charter school,regardless of the date of hire, must, on or before July 1, 2006, possess thequalifications required by 20 U.S.C. 6319(a) if he teaches one or more of thefollowing subjects:
(a) English, reading or language arts;
(b) Mathematics;
(c) Science;
(d) Foreign language;
(e) Civics or government;
(f) Economics;
(g) Geography;
(h) History; or
(i) The arts.
5. Except as otherwise provided in
(a) A degree, a license or a certificate in the fieldfor which he is employed to teach at the charter school; and
(b) At least 2 years of experience in that field.
6. Except as otherwise provided in
(a) A valid teachers license issued pursuant to
(b) A masters degree in school administration, publicadministration or business administration; or
(c) If the person has at least 5 years of experience inadministration, a baccalaureate degree.
7. A charter school shall not employ a person pursuantto this section if his license to teach or provide other educational serviceshas been revoked or suspended in this State or another state.
8. On or before November 15 of each year, a charterschool shall submit to the Department, in a format prescribed by theSuperintendent of Public Instruction, the following information for eachlicensed employee who is employed by the governing body on October 1 of thatyear:
(a) The amount of salary of the employee; and
(b) The designated assignment, as that term is definedby the Department, of the employee.
(Added to NRS by 1997, 1852; A
NRS
1. A person who is initially hired as aparaprofessional by a charter school after January 8, 2002, to work in a programsupported with Title I money must possess the qualifications required by 20U.S.C. 6319(c).
2. A person who is employed as a paraprofessional by acharter school, regardless of the date of hire, to work in a program supportedwith Title I money must possess, on or before January 8, 2006, thequalifications required by 20 U.S.C. 6319(c).
3. For the purposes of this section, a person is notinitially hired if he has been employed as a paraprofessional by anotherschool district or charter school in this State without an interruption inemployment before the date of hire by his current employer.
4. As used in this section, paraprofessional has themeaning ascribed to it in NRS 391.008.
(Added to NRS by
NRS
1. All employees of a charter school shall be deemedpublic employees.
2. The governing body of a charter school may make alldecisions concerning the terms and conditions of employment with the charterschool and any other matter relating to employment with the charter school. Inaddition, the governing body may make all employment decisions with regard toits employees pursuant to NRS 391.311 to391.3197, inclusive, unless acollective bargaining agreement entered into by the governing body pursuant to
3. Except as otherwise provided in this subsection, ifthe written charter of a charter school is revoked or if a charter schoolceases to operate as a charter school, the employees of the charter school mustbe reassigned to employment within the school district in accordance with theapplicable collective bargaining agreement. A school district is not requiredto reassign an employee of a charter school pursuant to this subsection if theemployee:
(a) Was not granted a leave of absence by the schooldistrict to teach at the charter school pursuant to subsection 4; or
(b) Was granted a leave of absence by the schooldistrict and did not submit a written request to return to employment with theschool district in accordance with subsection 4.
4. The board of trustees of a school district that isa sponsor of a charter school shall grant a leave of absence, not to exceed 3years, to any employee who is employed by the board of trustees who requestssuch a leave of absence to accept employment with the charter school. After thefirst school year in which an employee is on a leave of absence, he may returnto his former teaching position with the board of trustees. After the thirdschool year, an employee shall either submit a written request to return to acomparable teaching position or resign from the position for which his leavewas granted. The board of trustees shall grant a written request to return to acomparable position pursuant to this subsection even if the return of theemployee requires the board of trustees to reduce the existing workforce of theschool district. The board of trustees may require that a request to return toa teaching position submitted pursuant to this subsection be submitted at least90 days before the employee would otherwise be required to report to duty.
5. An employee who is on a leave of absence from aschool district pursuant to this section:
(a) Shall contribute to and be eligible for allbenefits for which he would otherwise be entitled, including, withoutlimitation, participation in the Public Employees Retirement System and accrualof time for the purposes of leave and retirement.
(b) Continues, while he is on leave, to be covered bythe collective bargaining agreement of the school district only with respect toany matter relating to his status or employment with the district.
The timeduring which such an employee is on a leave of absence and employed in acharter school does not count toward the acquisition of permanent status withthe school district.
6. Upon the return of a teacher to employment in theschool district, he is entitled to the same level of retirement, salary and anyother benefits to which he would otherwise be entitled if he had not taken aleave of absence to teach in a charter school.
7. An employee of a charter school who is not on aleave of absence from a school district is eligible for all benefits for whichhe would be eligible for employment in a public school, including, withoutlimitation, participation in the Public Employees Retirement System.
8. For all employees of a charter school:
(a) The compensation that a teacher or other schoolemployee would have received if he were employed by the school district must beused to determine the appropriate levels of contribution required of theemployee and employer for purposes of the Public Employees Retirement System.
(b) The compensation that is paid to a teacher or otherschool employee that exceeds the compensation that he would have received if hewere employed by the school district must not be included for the purposes ofcalculating future retirement benefits of the employee.
9. If the board of trustees of a school district inwhich a charter school is located manages a plan of group insurance for itsemployees, the governing body of the charter school may negotiate with theboard of trustees to participate in the same plan of group insurance that theboard of trustees offers to its employees. If the employees of the charterschool participate in the plan of group insurance managed by the board oftrustees, the governing body of the charter school shall:
(a) Ensure that the premiums for that insurance arepaid to the board of trustees; and
(b) Provide, upon the request of the board of trustees,all information that is necessary for the board of trustees to provide thegroup insurance to the employees of the charter school.
(Added to NRS by 1997, 1853; A
Reports Required of Governing Body and Sponsor
NRS
1. On or before November 15 of each year, thegoverning body of each charter school shall submit to the sponsor of thecharter school, the Superintendent of Public Instruction and the Director ofthe Legislative Counsel Bureau for transmission to the Majority Leader of theSenate and the Speaker of the Assembly a report that includes:
(a) A written description of the progress of thecharter school in achieving the mission and goals of the charter school setforth in its application.
(b) For each licensed employee and nonlicensed teacheremployed by the charter school on October 1 of that year:
(1) The amount of salary of the employee; and
(2) The designated assignment, as that term isdefined by the Department, of the employee.
(c) For each fund maintained by the charter school,including, without limitation, the general fund of the charter school and anyspecial revenue fund which receives state money, the total number and salariesof licensed and nonlicensed persons whose salaries are paid from the fund andwho are employed by the governing body in full-time positions or in part-timepositions added together to represent full-time positions. Information must beprovided for the current school year based upon the final budget of the charterschool, including any amendments and augmentations thereto, and for the precedingschool year. An employee must be categorized as filling an instructional,administrative, instructional support or other position.
(d) The count of pupils who are enrolled in a charterschool in:
(1) Kindergarten;
(2) Grades 1 to 12, inclusive; and
(3) Special education pursuant to
(e) The actual expenditures of the charter school inthe fiscal year immediately preceding the report.
(f ) The proposedexpenditures of the charter school for the current fiscal year.
(g) The salary schedule for licensed employees andnonlicensed teachers in the current school year and a statement of whethersalary negotiations for the current school year have been completed. If salarynegotiations have not been completed at the time the salary schedule issubmitted, the governing body shall submit a supplemental report to theSuperintendent of Public Instruction upon completion of negotiations.
(h) The number of employees eligible for healthinsurance within the charter school for the current and preceding fiscal yearsand the amount paid for health insurance for each such employee during thoseyears.
(i) The rates for fringe benefits, excluding healthinsurance, paid by the charter school for its licensed employees in thepreceding and current fiscal years.
(j) The amount paid for extra duties, supervision ofextracurricular activities and supplemental pay, and the number of employeesreceiving that pay in the preceding and current fiscal years.
2. On or before November 25 of each year, theSuperintendent of Public Instruction shall submit to the Department ofAdministration and the Fiscal Analysis Division of the Legislative CounselBureau, in a format approved by the Director of the Department ofAdministration, a compilation of the reports made by each governing bodypursuant to subsection 1.
3. The Superintendent of Public Instruction shall, inthe compilation required by subsection 2, reconcile the revenues andexpenditures of the charter schools with the apportionment received by thoseschools from the State Distributive School Account for the preceding year.
(Added to NRS by 1997, 1855)
NRS
1. On or before July 15 of each year, the governingbody of a charter school that is sponsored by the board of trustees of a schooldistrict shall submit the information concerning the charter school that isrequired pursuant to subsection 2 of NRS385.347 to the board of trustees that sponsors the charter school forinclusion in the report of the school district pursuant to that section. Theinformation must be submitted by the charter school in a format prescribed bythe board of trustees.
2. The Legislative Bureau of EducationalAccountability and Program Evaluation created pursuant to
(Added to NRS by 1997, 1847; A
NRS
1. On or before August 15 of each year, if the boardof trustees of a school district sponsors a charter school, the board oftrustees shall submit a written report to the State Board. The written reportmust include:
(a) An evaluation of the progress of each charterschool sponsored by the board of trustees in achieving its educational goalsand objectives.
(b) A description of all administrative support andservices provided by the school district to the charter school.
2. The governing body of a charter school shall, after3 years of operation under its initial charter, submit a written report to thesponsor of the charter school. The written report must include a description ofthe progress of the charter school in achieving its educational goals andobjectives. If the charter school submits an application for renewal inaccordance with the regulations of the Department, the sponsor may renew thewritten charter of the school pursuant to subsection 2 of
(Added to NRS by 1997, 1847; A
AUTOMATED SYSTEM OF ACCOUNTABILITY INFORMATION FOR NEVADA
NRS
1. The Department shall establish and maintain anautomated system of accountability information for Nevada. The system must:
(a) Have thecapacity to provide and report information, including, without limitation, theresults of the achievement of pupils:
(1) Inthe manner required by 20 U.S.C. 6301 et seq., and the regulations adoptedpursuant thereto, and NRS 385.3469 and
(2) In aseparate reporting for each subgroup of pupils identified in paragraph (b) ofsubsection 1 of NRS 385.361;
(b) Include asystem of unique identification for each pupil:
(1) Toensure that individual pupils may be tracked over time throughout this State;and
(2) That,to the extent practicable, may be used for purposes of identifying a pupil forboth the public schools and the Nevada System of Higher Education, if thatpupil enrolls in the System after graduation from high school;
(c) Have thecapacity to provide longitudinal comparisons of the academic achievement, rateof attendance and rate of graduation of pupils over time throughout this State;
(d) Have thecapacity to perform a variety of longitudinal analyses of the results ofindividual pupils on assessments, including, without limitation, the results ofpupils by classroom and by school;
(e) Have thecapacity to identify which teachers are assigned to individual pupils and whichparaprofessionals, if any, are assigned to provide services to individualpupils;
(f) Have thecapacity to provide other information concerning schools and school districtsthat is not linked to individual pupils, including, without limitation, thedesignation of schools and school districts pursuant to
(g) Have thecapacity to access financial accountability information for each public school,including, without limitation, each charter school, for each school districtand for this State as a whole; and
(h) Be designed to improve the ability of theDepartment, school districts and the public schools in this State, including,without limitation, charter schools, to account for the pupils who are enrolledin the public schools, including, without limitation, charter schools.
Theinformation maintained pursuant to paragraphs (c), (d) and (e) must be used forthe purpose of improving the achievement of pupils and improving classroominstruction but must not be used for the purpose of evaluating an individualteacher or paraprofessional.
2. The board of trustees of each school districtshall:
(a) Adopt and maintain the program prescribed by theSuperintendent of Public Instruction pursuant to subsection 3 for thecollection, maintenance and transfer of data from the records of individualpupils to the automated system of information, including, without limitation,the development of plans for the educational technology which is necessary toadopt and maintain the program;
(b) Provide to the Department electronic dataconcerning pupils as required by the Superintendent of Public Instructionpursuant to subsection 3; and
(c) Ensure that an electronic record is maintained inaccordance with subsection 3 of NRS 386.655.
3. The Superintendent of Public Instruction shall:
(a) Prescribe a uniform program throughout this Statefor the collection, maintenance and transfer of data that each school districtmust adopt, which must include standardized software;
(b) Prescribe the data to be collected and reported tothe Department by each school district and each sponsor of a charter schoolpursuant to subsection 2;
(c) Prescribe the format for the data;
(d) Prescribe the date by which each school districtshall report the data;
(e) Prescribe the date by which each charter schoolshall report the data to the sponsor of the charter school;
(f) Prescribe standardized codes for all data elementsused within the automated system and all exchanges of data within the automatedsystem, including, without limitation, data concerning:
(1) Individualpupils;
(2) Individualteachers and paraprofessionals;
(3) Individualschools and school districts; and
(4) Programs and financial information;
(g) Provide technical assistance to each schooldistrict to ensure that the data from each public school in the schooldistrict, including, without limitation, each charter school located within theschool district, is compatible with the automated system of information andcomparable to the data reported by other school districts; and
(h) Provide for the analysis and reporting of the datain the automated system of information.
4. TheDepartment shall establish, to the extent authorized by the Family EducationalRights and Privacy Act of 1974, 20 U.S.C. 1232g, and any regulations adoptedpursuant thereto, a mechanism by which persons or entities, including, withoutlimitation, state officers who are members of the Executive or LegislativeBranch, administrators of public schools and school districts, teachers andother educational personnel, and parents and guardians, will have differenttypes of access to the accountability information contained within theautomated system to the extent that such information is necessary for theperformance of a duty or to the extent that such information may be madeavailable to the general public without posing a threat to the confidentialityof an individual pupil.
5. The Department may, to the extent authorized by theFamily Educational Rights and Privacy Act of 1974, 20 U.S.C. 1232g, and anyregulations adopted pursuant thereto, enter into an agreement with the NevadaSystem of Higher Education to provide access to data contained within theautomated system for research purposes.
(Added to NRS by 1997, 1227; A
NRS
1. The Department, the school districts and the publicschools, including, without limitation, charter schools, shall, in operatingthe automated system of information established pursuant to
(a) For all pupils, the Family Educational Rights andPrivacy Act, 20 U.S.C. 1232g, and any regulations adopted pursuant thereto;and
(b) For pupils with disabilities who are enrolled inprograms of special education, the provisions governing access to educationrecords and confidentiality of information prescribed in the Individuals withDisabilities Education Act, 20 U.S.C. 1417(c), and the regulations adoptedpursuant thereto.
2. Except as otherwise provided in 20 U.S.C. 1232g(b) and any other applicable federal law, a public school, including,without limitation, a charter school, shall not release the education recordsof a pupil to a person or an agency of a federal, state or local governmentwithout the written consent of the parent or legal guardian of the pupil.
3. In addition to the record required pursuant to 20U.S.C. 1232g(b)(4)(A), each school district and each sponsor of a charterschool shall maintain within the automated system of information an electronicrecord of all persons and agencies who have requested the education record of apupil or obtained access to the education record of a pupil, or both, pursuantto 20 U.S.C. 1232g. The electronic record must be maintained and may only bedisclosed in accordance with the provisions of 20 U.S.C. 1232g. A charterschool shall provide to the sponsor of the charter school such information asis necessary for the sponsor to carry out the provisions of this subsection.
4. The right accorded to a parent or legal guardian ofa pupil pursuant to subsection 2 devolves upon the pupil on the date on whichhe attains the age of 18 years.
5. As used in this section, unless the contextotherwise requires, education records has the meaning ascribed to it in 20U.S.C. 1232g(a)(4).
(Added to NRS by 1997, 1228; A
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