A.B. 39
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ASSEMBLY BILL NO. 39–COMMITTEE ON EDUCATION
(ON BEHALF OF THE STATE PUBLIC
CHARTER SCHOOL AUTHORITY)
PREFILED NOVEMBER 19, 2024
____________
Referred to Committee on Education
SUMMARY—Revises provisions governing charter schools.
(BDR 34-259)
FISCAL NOTE: Effect on Local Government: May have Fiscal Impact.
Effect on the State: Yes.
CONTAINS UNFUNDED MANDATE (§ 4)
(NOT REQUESTED BY AFFECTED LOCAL GOVERNMENT)
~
EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.
AN ACT relating to charter schools; revising provisions governing
the membership of the State Public Charter School
Authority; revising provisions establishing the local
educational agency that is responsible for performing
certain functions with respect to charter schools;
clarifying requirements for certain information to be
included in an application to renew the charter contract of
a charter school; and providing other matters properly
relating thereto.
Legislative Counsel’s Digest:
Existing law creates the State Public Charter School Authority for the purpose 1
of, among other duties: (1) sponsoring charter schools; and (2) providing oversight 2
to the charter schools it sponsors. (NRS 388A.150) Existing law further establishes 3
that the Authority consists of nine members, the manner of appointing those 4
members and the qualifications of those members. (NRS 388A.153) Section 1 of 5
this bill provides that the nine members appointed under existing law are the voting 6
members of the Authority and that the voting members must be at least 21 years of 7
age. Section 1 also establishes the requirements governing the members of the 8
Authority that apply to all members, including voting and nonvoting members, and 9
the requirements that apply only to voting members. Section 2 of this bill makes a 10
conforming change to clarify that only voting members of the Authority are 11
required to complete certain training required by existing law. (NRS 388A.155) 12
Section 3 of this bill makes a conforming change to clarify that a majority of the 13
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voting members, rather than all members: (1) is authorized to call a meeting of the 14
Authority; and (2) constitutes a quorum to enable the Authority to exercise its 15
power and authority. (NRS 388A.156) 16
Under existing law, the number of members of the Authority who may be 17
teachers or administrators employed by a charter school or charter management 18
organization in this State is limited to two members. (NRS 388A.153) Section 1 19
revises the qualifications for a teacher or administrator employed by a charter 20
school or charter management organization to be eligible to serve as a member of 21
the Authority by: (1) removing the requirement that the charter school or charter 22
management organization employing the teacher or administrator must not have 23
ever received an annual rating established as one of the three lowest ratings of 24
performance pursuant to the statewide system of accountability for public schools; 25
and (2) instead, requiring that the charter school at which the teacher or 26
administrator is employed must be in good standing according to the performance 27
framework set forth in its charter contract. 28
Existing law prohibits a member of the Authority, other than a member who is 29
a teacher or administrator employed by a charter school or charter management 30
organization, from being actively engaged in business with or holding certain 31
interests relating to charter schools. (NRS 388A.153) Under existing law, a charter 32
school is defined as a charter school organized under the laws of this State. (NRS 33
385.007) Section 1 clarifies that the prohibition against a member of the Authority 34
being actively engaged in business with or holding certain interests relating to 35
charter schools only prohibits engaging in business with or holding certain interests 36
relating to a charter school in this State. 37
Existing law deems the Authority to be a local educational agency that is 38
responsible under state and federal law for: (1) providing a free and appropriate 39
public education to each pupil enrolled in a charter school sponsored by the 40
Authority; (2) the provision of special education and related services by a charter 41
school; and (3) directing money available from certain federal and state grant 42
programs to charter schools sponsored by the Authority, a college or university 43
within the Nevada System of Higher Education or a city or county. (NRS 44
388A.159) Section 4 of this bill removes the requirement for a college or university 45
within the System, or a city or county, that sponsors a charter school to enter into 46
an agreement with the Authority for the provision of any necessary functions of a 47
local educational agency. Instead, section 4 deems a college or university within 48
the System, or a city or county, to be a local educational agency, thereby making 49
the college or university, or city or county, responsible for performing the functions 50
of a local educational agency under state and federal law for the charter schools it 51
sponsors. 52
Under existing law, the governing body of a charter school seeking to renew its 53
charter contract is required to submit an application for renewal to the sponsor of 54
the charter school on or before October 15 of the final school year in which the 55
charter school is authorized to operate. Existing law requires the application for 56
renewal to include, without limitation, any information or data that: (1) the 57
governing body of the charter school determines supports the renewal of the charter 58
contract; and (2) is in addition to the information contained in the required 59
performance report previously submitted to the governing body by the sponsor and 60
any written response to that report. (NRS 388A.285) Section 5 of this bill clarifies 61
that any information or data to support the renewal of the charter contract is 62
information or data other than the previously submitted performance report and any 63
written response to that report. 64
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THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 388A.153 is hereby amended to read as 1
follows: 2
388A.153 1. The State Public Charter School Authority 3
consists of nine voting members. The voting membership of the 4
State Public Charter School Authority consists of: 5
(a) Two members appointed by the Governor in accordance with 6
subsection 2; 7
(b) Two members, who must not be Legislators, appointed by 8
the Majority Leader of the Senate in accordance with subsection 2; 9
(c) Two members, who must not be Legislators, appointed by 10
the Speaker of the Assembly in accordance with subsection 2; 11
(d) Two members appointed by the State Board of Education; 12
and 13
(e) One member appointed by the Charter School Association of 14
Nevada or its successor organization. 15
2. The Governor, the Majority Leader of the Senate, the 16
Speaker of the Assembly and the State Board of Education shall 17
ensure that the voting membership of the State Public Charter 18
School Authority: 19
(a) Includes persons with a demonstrated understanding of 20
charter schools and a commitment to using charter schools as a way 21
to strengthen public education in this State; 22
(b) Includes a parent or legal guardian of a pupil enrolled in a 23
charter school in this State; 24
(c) Includes persons with specific knowledge of: 25
(1) Issues relating to elementary and secondary education; 26
(2) School finance or accounting, or both; 27
(3) Management practices; 28
(4) Assessments required in elementary and secondary 29
education; 30
(5) Educational technology; and 31
(6) The laws and regulations applicable to charter schools; 32
(d) Insofar as practicable, reflects the ethnic and geographical 33
diversity of this State; and 34
(e) Insofar as practicable, consists of persons who are experts on 35
best practices for authorizing charter schools and developing and 36
operating high-quality charter schools and charter management 37
organizations. 38
3. Each member of the State Public Charter School Authority 39
must be a resident of this State. Each voting member of the State 40
Public Charter School Authority must be at least 21 years of age. 41
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4. Except as otherwise provided in subsection 5, a member of 1
the State Public Charter School Authority must not be actively 2
engaged in business with or hold a direct pecuniary interest relating 3
to charter schools [,] in this State, including, without limitation, 4
serving as a vendor, contractor, employee, officer, director or 5
member of the governing body of a charter school [,] in this State, 6
an educational management organization providing support or 7
operations to a charter school in this State or a charter 8
management organization [.] operating a charter school in this 9
State. 10
5. Not more than two members of the State Public Charter 11
School Authority may be teachers or administrators who are 12
employed by a charter school or charter management organization in 13
this State. For a teacher or administrator employed by a charter 14
school or charter management organization to be eligible to serve as 15
a member of the State Public Charter School Authority [, the] : 16
(a) The charter school [or charter management organization] 17
which employs the teacher or administrator must [not have ever 18
received an annual rating established as one of the three lowest 19
ratings of performance pursuant to the statewide system of 20
accountability for public schools.] be in good standing according to 21
the performance framework set forth in its charter contract 22
pursuant to NRS 388A.270; or 23
(b) If the teacher or administrator is employed by a charter 24
management organization, the charter school at which the teacher 25
or administrator is employed must be in good standing according 26
to the performance framework set forth in its charter contract 27
pursuant to NRS 388A.270. 28
6. After the initial terms, the term of each member of the State 29
Public Charter School Authority is 3 years, commencing on July 1 30
of the year in which he or she is appointed. A vacancy in the 31
membership of the State Public Charter School Authority must be 32
filled for the remainder of the unexpired term in the same manner as 33
the original appointment. A member shall continue to serve on the 34
State Public Charter School Authority until his or her successor is 35
appointed. 36
7. The voting members of the State Public Charter School 37
Authority shall select a Chair and Vice Chair from among [its] the 38
voting members. After the initial selection of those officers, each of 39
those officers holds the position for a term of 2 years commencing 40
on July 1 of each odd-numbered year. If a vacancy occurs in the 41
Chair or Vice Chair, the vacancy must be filled in the same manner 42
as the original selection for the remainder of the unexpired term. 43
8. Each voting member of the State Public Charter School 44
Authority is entitled to receive: 45
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(a) For each day or portion of a day during which he or she 1
attends a meeting of the State Public Charter School Authority a 2
salary of not more than $80, as fixed by the State Public Charter 3
School Authority; and 4
(b) For each day or portion of a day during which he or she 5
attends a meeting of the State Public Charter School Authority or is 6
otherwise engaged in the business of the State Public Charter School 7
Authority the per diem allowance and travel expenses provided for 8
state officers and employees generally. 9
Sec. 2. NRS 388A.155 is hereby amended to read as follows: 10
388A.155 Each voting member of the State Public Charter 11
School Authority must complete training: 12
1. At the time the voting member is appointed to the State 13
Public Charter School Authority, on the responsibilities of the 14
voting member and any framework used by the State Public Charter 15
School Authority in performing its duties; and 16
2. Each year, on the evaluation of applications to form charter 17
schools and the governance of charter schools. 18
Sec. 3. NRS 388A.156 is hereby amended to read as follows: 19
388A.156 1. The members of the State Public Charter School 20
Authority shall meet throughout the year at the times and places 21
specified by a call of the Chair or a majority of the voting members. 22
2. Five voting members of the State Public Charter School 23
Authority constitute a quorum, and a quorum may exercise all the 24
power and authority conferred on the State Public Charter School 25
Authority. 26
Sec. 4. NRS 388A.159 is hereby amended to read as follows: 27
388A.159 1. The State Public Charter School Authority , a 28
college or university within the Nevada System of Higher 29
Education that sponsors a charter school or a city or county that 30
sponsors a charter school is hereby deemed a local educational 31
agency for all purposes [,] for any charter school that it sponsors, 32
including, without limitation: 33
(a) The provision of a free and appropriate public education to 34
each pupil enrolled in a charter school ; [sponsored by the State 35
Public Charter School Authority;] 36
(b) The provision of special education and related services 37
provided by a charter school ; [sponsored by the State Public 38
Charter School Authority;] and 39
(c) Directing the proportionate share of any money available 40
from federal and state categorical grant programs to charter schools 41
[which are sponsored by the State Public Charter School Authority, 42
a college or university within the Nevada System of Higher 43
Education or a city or county] that are eligible to receive such 44
money. 45
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2. [A college or university within the Nevada System of Higher 1
Education or a city or county that sponsors a charter school shall 2
enter into an agreement with the State Public Charter School 3
Authority for the provision of any necessary functions of a local 4
educational agency.] A charter school that receives money pursuant 5
to such a grant program shall comply with any applicable reporting 6
requirements to receive the grant. 7
3. As used in this section, “local educational agency” has the 8
meaning ascribed to it in 20 U.S.C. § 7801(30)(A). 9
Sec. 5. NRS 388A.285 is hereby amended to read as follows: 10
388A.285 1. On or before June 30 immediately preceding the 11
final school year in which a charter school is authorized to operate 12
pursuant to its charter contract, the sponsor of the charter school 13
shall submit to the governing body of the charter school a written 14
report summarizing the performance of the charter school and each 15
facility that constitutes the charter school during the term of the 16
charter contract, including, without limitation: 17
(a) A summary of the performance of the charter school based 18
upon the terms of the charter contract and the requirements of this 19
chapter; 20
(b) An identification of any deficiencies relating to the 21
performance of the charter school which the sponsor has determined 22
may result in nonrenewal of the charter contract if the deficiencies 23
remain uncorrected; 24
(c) Requirements for the application for renewal of the charter 25
contract submitted to the sponsor pursuant to subsection 3; and 26
(d) The criteria that the sponsor will apply in making a 27
determination on the application for renewal based upon the 28
performance framework for the charter school and the requirements 29
of this chapter. Such criteria must include, without limitation, the 30
performance indicators, measures and metrics included in the 31
performance framework. 32
2. The governing body of a charter school may submit a 33
written response to the sponsor of the charter school concerning the 34
performance report prepared by the sponsor pursuant to subsection 35
1, which may include any revisions or clarifications that the 36
governing body seeks to make to the report. 37
3. If a charter school seeks to renew its charter contract, the 38
governing body of the charter school shall submit an application for 39
renewal to the sponsor of the charter school on or before October 15 40
of the final school year in which the charter school is authorized to 41
operate pursuant to its charter contract. The application for renewal 42
must include, without limitation: 43
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(a) The requirements for the application identified by the 1
sponsor in the performance report prepared by the sponsor pursuant 2
to subsection 1; 3
(b) A description of the academic, financial and organizational 4
vision and plans for the charter school for the next charter term; 5
(c) Any information or data that the governing body of the 6
charter school determines supports the renewal of the charter 7
contract [in addition to] other than the information contained in the 8
performance report prepared by the sponsor pursuant to subsection 1 9
and any response submitted by the governing body pursuant to 10
subsection 2; and 11
(d) A description of any improvements to the charter school 12
already undertaken or planned. 13
4. The sponsor of a charter school shall consider the 14
application for renewal of the charter contract at a meeting held in 15
accordance with chapter 241 of NRS. The sponsor shall provide 16
written notice to the governing body of the charter school 17
concerning its determination on the application for renewal of the 18
charter contract not more than 60 days after receipt of the 19
application for renewal from the governing body. The determination 20
of the sponsor must be based upon: 21
(a) The criteria of the sponsor for the renewal of charter 22
contracts; and 23
(b) Evidence of the performance of the charter school during the 24
term of the charter contract in accordance with the performance 25
framework for the charter school. 26
5. The sponsor of the charter school shall: 27
(a) Make available to the governing body of the charter school 28
the data used in making the renewal decision; and 29
(b) Post a report on the Internet website of the sponsor 30
summarizing the decision of the sponsor on the application for 31
renewal and the basis for its decision. 32
6. A charter contract may be renewed for a term of not less 33
than 3 years or more than 10 years. 34
Sec. 6. The provisions of NRS 354.599 do not apply to any 35
additional expenses of a local government that are related to the 36
provisions of this act. 37
Sec. 7. This act becomes effective upon passage and approval. 38
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