S.B. 224 - *SB224* SENATE BILL NO. 224–SENATORS BUCK, STONE AND HANSEN FEBRUARY 19, 2025 ____________ JOINT SPONSOR: ASSEMBLYMEMBER HANSEN ____________ Referred to Committee on Education SUMMARY—Revises provisions relating to education. (BDR 34-72) FISCAL NOTE: Effect on Local Government: May have Fiscal Impact. Effect on the State: Yes. CONTAINS UNFUNDED MANDATE (§ 23) (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 education; requiring the principal of each public school to prepare an instructional model for the school which may be shared with other public schools; prescribing requirements for the Department of Education to convert certain public schools to Department charter schools under certain circumstances; prescribing requirements for the operation of a Department charter school; providing for the use of certain school buildings by a Department charter school free of charge; requiring a school district to provide facilities or services to a Department charter school under certain circumstances; revising provisions governing the use of school buildings owned by the board of trustees of a school district by a Department charter school; prohibiting collective bargaining concerning the termination of employment or reassignment of the employees of a Department charter school; and providing other matters properly relating thereto. – 2 – - *SB224* Legislative Counsel’s Digest: Existing law requires the principal of each school, in consultation with the 1 employees of the school, to prepare a plan to improve the achievement of pupils 2 enrolled in the school. (NRS 385A.650) Section 6 of this bill additionally requires 3 the principal of each school, in consultation with the employees of the school, to 4 prepare an instructional model for the school which includes information about the 5 curriculum, grading, planning, assessment, software and business decisions of the 6 school. Section 6 requires the Department of Education to develop and implement a 7 process for allowing the principal of each school to access such instructional 8 models from other schools with similar demographics, including from schools that 9 receive higher ratings according to the statewide system of accountability. 10 Section 20 of this bill requires the Department to convert a public school to a 11 charter school, known as a Department charter school if, for 3 consecutive years, 12 the school is rated in the lowest 5 percent of public schools in this State in pupil 13 achievement and school performance. Section 19 of this bill establishes the 14 Account for Department Charter Schools, the money in which is to be used for the 15 establishment and maintenance of Department charter schools. Section 21 of this 16 bill requires: (1) the Superintendent of Public Instruction to solicit and evaluate 17 applications and enter into a contract with a charter management organization, 18 educational management organization or other person to operate a public school 19 that is converted to a Department charter school pursuant to section 20; and (2) the 20 Department to adopt regulations prescribing the process to apply to operate a 21 Department charter school, which must authorize certain applicants to submit one 22 application to operate more than one Department charter school. Section 22 of this 23 bill provides that the Department is deemed the sponsor of a Department charter 24 school after a contract is entered into and requires the operator of the Department 25 charter school to appoint a governing body of the Department charter school. 26 Section 22 provides that the governing body consists of any persons chosen by the 27 operator of the Department charter school, with certain restrictions. Section 23 of 28 this bill: (1) requires the principal of a Department charter school to determine 29 whether to offer employment at the Department charter school to the persons 30 employed at the public school at the time of the conversion; and (2) authorizes the 31 board of trustees of the school district in which the Department charter school is 32 located to terminate or reassign any such employees who are not offered 33 employment by or who refuse an offer of employment from the Department charter 34 school. 35 Section 23 also requires the board of trustees of a school district to: (1) without 36 compensation, allow a Department charter school to operate in the building in 37 which the school was located before conversion; and (2) continue to pay capital 38 expenses for the building. Section 23 requires the governing body of the 39 Department charter school to pay for the maintenance and operation of the building. 40 Section 23: (1) provides that the board of trustees of a school district is not required 41 to give priority to a capital project at a school that is converted to a Department 42 charter school; and (2) prohibits the board of trustees of a school district from 43 reducing the priority of any such capital project that existed before the school was 44 selected for conversion. Section 23 also requires any pupil who was enrolled in a 45 public school before conversion to be enrolled in the Department charter school, 46 unless the parent or guardian of the pupil submits written notice that the pupil will 47 not continue to be enrolled at the school. Finally, section 23 limits the amount of 48 loans, advances or other monetary charges that the governing body of a Department 49 charter school may authorize to be paid to the operator of the Department charter 50 school. 51 Existing law prohibits the conversion of an existing public school to a charter 52 school. (NRS 388A.075, 388A.080) Sections 14, 25, 29 and 30 of this bill make 53 – 3 – - *SB224* these provisions inapplicable to a Department charter school, thereby authorizing 54 the conversion of a public school to a Department charter school. 55 Section 24 of this bill enacts provisions necessary for a Department charter 56 school to be able to receive money available from certain federal grant programs. 57 Sections 7, 11 and 25 of this bill require a Department charter school to participate 58 in the statewide system of accountability for public schools. 59 Section 14 provides that, in general, for the purposes of the provisions 60 governing charter schools, the term “charter school” does not include a Department 61 charter school. Section 28 of this bill makes a conforming change to indicate the 62 proper placement of section 14 in the Nevada Revised Statutes. 63 Existing law: (1) establishes requirements concerning the availability of certain 64 information concerning charter schools and the operation of a charter school; (2) 65 requires a member of the governing body of a charter school to undergo a criminal 66 background check; (3) requires the governing body or sponsor of a charter school to 67 submit certain reports; (4) prohibits the board of trustees of a school district from 68 interfering with the operation of a charter school; (5) authorizes a high-performing 69 charter school to establish an experimental academic program; (6) prohibits a 70 member of the board of trustees of a school district or employee of a school district 71 from soliciting or accepting gifts or payments from a governing body or employee 72 of a charter school; (7) authorizes a charter school that meets certain requirements 73 to apply to the Department for money for facilities; (8) prescribes the manner in 74 which money will be apportioned to and paid by a charter school; (9) establishes 75 procedures for pupils who are enrolled in other schools and homeschooled children 76 to participate in classes and extracurricular activities at charter schools and for 77 pupils enrolled in charter schools to participate in classes and extracurricular 78 activities at other public schools; (10) establishes requirements concerning the 79 employment of personnel at charter schools; and (11) authorizes a charter school to 80 finance improvements through the issuance of bonds. (NRS 388A.090, 388A.095, 81 388A.100, 388A.171, 388A.226, 388A.247, 388A.323, 388A.345, 388A.348, 82 388A.352-388A.355, 388A.363-388A.369, 388A.3934, 388A.405-388A.420, 83 388A.471-388A.695) Section 25 makes these provisions applicable to a 84 Department charter school. 85 Section 26 of this bill requires the board of trustees of a school district in which 86 a Department charter school is located to provide, for compensation, facilities, 87 other than the school building in which the Department charter school operates, to 88 the Department charter school or perform certain services for a Department charter 89 school upon the request of the Superintendent of Public Instruction. 90 Existing law authorizes charter schools that meet certain requirements relating 91 to school performance and financial management to apply to the Department for 92 money for facilities. (NRS 388A.405) Section 26 authorizes a Department charter 93 school that does not meet those requirements to apply for such money under 94 conditions prescribed by the Department. 95 Existing law provides that, if the governing body of a charter school contracts 96 with the board of trustees of a school district for the provision of school police 97 officers, the board of trustees is immune from civil or criminal liability for the acts 98 or omissions of those school police officers while providing services to the charter 99 school. (NRS 388A.384) Section 26 provides similar immunity from liability if the 100 school district provides school police officers to a Department charter school upon 101 the request of the Superintendent of Public Instruction. 102 Existing law provides for regular financial and performance audits of charter 103 schools. (NRS 388A.105, 388A.110) Section 27 of this bill requires the 104 Department to adopt regulations to carry out the provisions of sections 15-27 105 governing Department charter schools, which may include regulations requiring 106 similar audits of Department charter schools. Sections 32 and 33 of this bill make 107 conforming changes to add references to such audits where applicable. 108 – 4 – - *SB224* Sections 1 and 14-18 of this bill define certain terms relating to Department 109 charter schools. Sections 2-5, 8-10, 12, 31 and 35-38 of this bill make conforming 110 changes to ensure certain provisions of law applicable to public schools, school 111 districts and charter schools apply equally to Department charter schools. Section 112 34 of this bill exempts Department charter schools from the Program of 113 Empowerment Schools for public schools. 114 Existing law requires negotiation in good faith between a local government 115 employer and a recognized employee organization on certain mandatory subjects, 116 including, without limitation, discharge and disciplinary procedures. (NRS 117 288.150) Section 39 of this bill makes unenforceable and void any provision of a 118 collective bargaining agreement which limits the authority of the board of trustees 119 of a school district to terminate the employment of or reassign a member of the 120 staff of a school that is converted to a Department charter school. 121 THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS: Section 1. NRS 385.007 is hereby amended to read as follows: 1 385.007 As used in this title, unless the context otherwise 2 requires: 3 1. “Challenge school” has the meaning ascribed to it in 4 NRS 388D.305. 5 2. “Charter school” means a public school that is formed 6 pursuant to the provisions of chapter 388A of NRS. 7 3. “Department” means the Department of Education. 8 4. “Department charter school” means a public school 9 operated by a charter management organization, as defined in 10 section 16 of this act, an educational management organization, 11 as defined in section 17 of this act, or other person pursuant to a 12 contract with the Superintendent of Public Instruction pursuant to 13 section 21 of this act and that is subject to the provisions of 14 sections 15 to 27, inclusive, of this act. 15 5. “English learner” has the meaning ascribed to it in 20 U.S.C. 16 § 7801(20). 17 [5.] 6. “Homeschooled child” means a child who receives 18 instruction at home and who is exempt from compulsory enrollment 19 and attendance pursuant to NRS 392.070. 20 [6.] 7. “Local school precinct” has the meaning ascribed to it in 21 NRS 388G.535. 22 [7.] 8. “Public schools” means all kindergartens and 23 elementary schools, junior high schools and middle schools, high 24 schools, charter schools and any other schools, classes and 25 educational programs which receive their support through public 26 taxation and, except for charter schools, whose textbooks and 27 courses of study are under the control of the State Board. 28 [8.] 9. “School bus” has the meaning ascribed to it in 29 NRS 484A.230. 30 – 5 – - *SB224* [9.] 10. “School counselor” or “counselor” means a person 1 who holds a license issued pursuant to chapter 391 of NRS and an 2 endorsement to serve as a school counselor issued pursuant to 3 regulations adopted by the Commission on Professional Standards 4 in Education or who is otherwise authorized by the Superintendent 5 of Public Instruction to serve as a school counselor. 6 [10.] 11. “School psychologist” or “psychologist” means a 7 person who holds a license issued pursuant to chapter 391 of NRS 8 and an endorsement to serve as a school psychologist issued 9 pursuant to regulations adopted by the Commission on Professional 10 Standards in Education or who is otherwise authorized by the 11 Superintendent of Public Instruction to serve as a school 12 psychologist. 13 [11.] 12. “School social worker” or “social worker” means a 14 social worker licensed pursuant to chapter 641B of NRS who holds 15 a license issued pursuant to chapter 391 of NRS and an endorsement 16 to serve as a school social worker issued pursuant to regulations 17 adopted by the Commission on Professional Standards in Education 18 or who is otherwise authorized by the Superintendent of Public 19 Instruction to serve as a school social worker. 20 [12.] 13. “State Board” means the State Board of Education. 21 [13.] 14. “University school for profoundly gifted pupils” has 22 the meaning ascribed to it in NRS 388C.040. 23 Sec. 2. NRS 385.083 is hereby amended to read as follows: 24 385.083 Except as otherwise provided in NRS 385.091: 25 1. All gifts of money which the State Board is authorized to 26 accept must be deposited in a special revenue fund in the State 27 Treasury designated as the Education Gift Fund and reported 28 pursuant to subsection 4. The interest and income earned on the sum 29 of the money in the Education Gift Fund must be credited to the 30 Fund. Any money remaining in the Education Gift Fund at the end 31 of the fiscal year must be carried forward to the next fiscal year. 32 2. The money available in the Education Gift Fund must be 33 used only for the purpose specified by the donor, within the scope of 34 the State Board’s powers and duties. 35 3. If all or part of the money accepted by the State Board from 36 a donor is not expended before the end of any fiscal year, the 37 remaining balance of the amount donated must remain in the 38 Education Gift Fund until needed for the purpose specified by 39 the donor. 40 4. Except as otherwise provided in subsection 5, the State 41 Board shall record each gift of money deposited in the Education 42 Gift Fund pursuant to this section and prepare a report which 43 includes, for each such gift: 44 (a) The amount of the gift; 45 – 6 – - *SB224* (b) Except as otherwise provided in subsection 6, the name of 1 the donor of the gift; 2 (c) Any instructions provided by the donor concerning the use of 3 the gift; and 4 (d) Information concerning any connection between the donor 5 and the State Board or the administration of the system of public 6 education in this State, including, without limitation: 7 (1) Any contract between the donor and the State Board; 8 (2) Any contract between the donor and the State Public 9 Charter School Authority; 10 (3) Any contract between the donor and the Department; 11 (4) Any bid by the donor for a contract with the State Board; 12 [(4)] (5) Any bid by the donor for a contract with the State 13 Public Charter School Authority; 14 [(5)] (6) Any bid by the donor for a contract with the 15 Department; 16 (7) If the donor is a lobbyist as defined in NRS 218H.080, a 17 statement of whether the donor lobbies on issues of interest to the 18 State Board or relating to the system of public education in this 19 State; and 20 [(6)] (8) Any service by the donor on a committee to form a 21 charter school created pursuant to NRS 388A.240. 22 5. This section does not apply to any gift of money: 23 (a) In an amount less than $100,000, unless the cumulative total 24 by the same donor within a 12-month period is equal to or more than 25 $100,000; or 26 (b) That is intended for a public broadcasting service. 27 6. A donor may remain anonymous for purposes of the report 28 prepared pursuant to subsection 4, unless the donor is required to 29 provide information pursuant to paragraph (d) of subsection 4. 30 7. The State Board may submit a form to each donor that 31 requires the donor to provide the information required for inclusion 32 in the report prepared pursuant to subsection 4. If the State Board 33 uses such a form, the State Board may rely upon the information 34 provided by the donor on the form for purposes of the report 35 required of the State Board pursuant to subsection 4 and the State 36 Board is not otherwise required to verify the contents of the 37 information provided by the donor on the form. 38 8. The State Board shall include the report prepared pursuant to 39 subsection 4 on the agenda of the next regular meeting of the State 40 Board held pursuant to NRS 385.040 and review all transactions 41 involving a gift listed on the report that have taken place since the 42 previous meeting of the State Board. 43 – 7 – - *SB224* 9. On or before February 1 of each year, the State Board shall 1 transmit each report prepared pursuant to subsection 4 in the 2 immediately preceding year: 3 (a) In odd-numbered years, to the Director of the Legislative 4 Counsel Bureau for transmittal to the next regular session of the 5 Legislature; and 6 (b) In even-numbered years, to the Joint Interim Standing 7 Committee on Education. 8 Sec. 3. NRS 385.620 is hereby amended to read as follows: 9 385.620 The Advisory Council shall: 10 1. Review the policy of parental involvement adopted by the 11 State Board and the policy of parental involvement and family 12 engagement adopted by the board of trustees of each school district 13 pursuant to NRS 392.457; 14 2. Review the information relating to communication with and 15 participation, involvement and engagement of parents and families 16 that is included in the annual report of accountability for each school 17 district pursuant to NRS 385A.320 and similar information in the 18 annual report of accountability prepared by the State Public Charter 19 School Authority , the Department and a college or university 20 within the Nevada System of Higher Education or city or county 21 that sponsors a charter school pursuant to subsection 3 of 22 NRS 385A.070; 23 3. Review any effective practices carried out in individual 24 school districts to increase parental involvement and family 25 engagement and determine the feasibility of carrying out those 26 practices on a statewide basis; 27 4. Review any effective practices carried out in other states to 28 increase parental involvement and family engagement and 29 determine the feasibility of carrying out those practices in this State; 30 5. Identify methods to communicate effectively and provide 31 outreach to parents, legal guardians and families of pupils who have 32 limited time to become involved in the education of their children 33 for various reasons, including, without limitation, work schedules, 34 single-parent homes and other family obligations; 35 6. Identify the manner in which the level of parental 36 involvement and family engagement affects the performance, 37 attendance and discipline of pupils; 38 7. Identify methods to communicate effectively with and 39 provide outreach to parents, legal guardians and families of pupils 40 who are English learners; 41 8. Determine the necessity for the appointment of a statewide 42 parental involvement and family engagement coordinator or a 43 parental involvement and family engagement coordinator in each 44 school district, or both; 45 – 8 – - *SB224* 9. Work in collaboration with the Office of Parental 1 Involvement and Family Engagement created by NRS 385.630 to 2 carry out the duties prescribed in NRS 385.635; and 3 10. On or before February 1 of each year, submit a report to the 4 Director of the Legislative Counsel Bureau for transmission to the 5 Legislature in odd-numbered years and to the Legislative 6 Commission in even-numbered years, describing the activities of the 7 Advisory Council and any recommendations for legislation. 8 Sec. 4. NRS 385.800 is hereby amended to read as follows: 9 385.800 1. The Office of Science, Innovation and 10 Technology established by NRS 223.600 shall: 11 (a) In consultation with the board of trustees of each school 12 district, develop a standardized, statewide system of gathering data 13 from pupils and their families to assess the ability of pupils to access 14 the Internet at their homes. The statewide system must: 15 (1) Be able to be replicated each year; 16 (2) Be developed with consideration of existing processes 17 and systems for gathering data on pupils and their families and, to 18 the greatest extent possible, use such processes and systems; 19 (3) Provide data on access to the Internet at the permanent or 20 temporary address of a pupil; and 21 (4) To the extent authorized by the Family Educational 22 Rights and Privacy Act of 1974, 20 U.S.C. § 1232g, and any 23 regulations adopted pursuant thereto, be able to disaggregate data 24 based on the name of the pupil, the name of the family of the pupil 25 and other appropriate personally identifiable information. 26 (b) Develop a method to share the data gathered pursuant to 27 paragraph (a), to the extent authorized by the Family Educational 28 Rights and Privacy Act of 1974, 20 U.S.C. § 1232g, and any 29 regulations adopted pursuant thereto, with providers of 30 telecommunications networks, services or equipment interested in 31 providing access to the Internet to pupils who lack access to the 32 Internet at their homes. 33 (c) Develop recommendations for minimum standards for 34 telecommunications technology owned by a school or school district 35 that will best ensure the capability of the telecommunications 36 technology to connect to the Internet. The recommendations must, 37 without limitation: 38 (1) Evaluate the connectivity capabilities of the 39 telecommunications technology and not other features, including, 40 without limitation, processing power and memory; 41 (2) Require the telecommunications technology to connect to 42 wireless fidelity, fixed wireless and mobile wireless Internet; and 43 (3) Include a list of recommended telecommunications 44 technology that meets the recommended standards. 45 – 9 – - *SB224* (d) Review each report submitted by the board of trustees of a 1 school district , the Department and the State Public Charter School 2 Authority pursuant to NRS 385.810 and, based on the review: 3 (1) Conduct an analysis to identify any gaps in access to the 4 Internet which must, without limitation: 5 (I) Disaggregate any data by school district, charter 6 school, the number of pupils who lack access to the Internet and the 7 number of pupils who lack access to telecommunications 8 technology; 9 (II) Review data gathered in response to the public-health 10 crisis caused by the COVID-19 pandemic; and 11 (III) To the greatest extent possible, use existing 12 mechanisms for gathering data; 13 (2) Develop a fiscal plan to close gaps in access to the 14 Internet and gaps in access to telecommunications technology which 15 may include, without limitation, use of the Lifeline program of the 16 Federal Communications Commission, or its successor program, the 17 Emergency Broadband Benefit program of the Federal 18 Communications Commission, or its successor program, or the 19 Schools and Libraries Universal Service Support program of the 20 Federal Communications Commission, or its successor program; 21 and 22 (3) Develop a plan to assess the speed of uploads and 23 downloads on telecommunications technology to determine the 24 number of pupils who have access to the Internet but lack sufficient 25 speeds to participate in remote learning. 26 2. In carrying out its duties pursuant to subsection 1, the Office 27 shall work with: 28 (a) Private sector providers of telecommunications networks, 29 services or equipment to understand the data and guarantees of 30 payment that may be required to connect to the Internet pupils who 31 lack access to the Internet at their homes; 32 (b) Persons and entities who can inform the Office on current 33 and future standards for wireless fidelity, fixed wireless and mobile 34 wireless Internet and spectrum availability and provide 35 recommendations on the features a telecommunications technology 36 must have to connect with existing and future broadband networks; 37 (c) Persons and entities who can provide information on 38 delivery of access to the Internet that, to the greatest extent possible, 39 will use existing firewall and filter services provided by a school 40 district or charter school; 41 (d) Persons and entities who can provide information on 42 gathering data, data privacy and laws and regulations on data-43 sharing that could affect the efforts of the Office to identify and 44 – 10 – - *SB224* provide access to the Internet to pupils who lack access to the 1 Internet at their homes; and 2 (e) Persons and entities, including, without limitation, the 3 Department of Health and Human Services, who can provide 4 information on programs that may be used to provide access to the 5 Internet to pupils who lack access to the Internet at their homes. 6 3. The Department and the Office may adopt any regulations 7 necessary to carry out the provisions of this section. 8 4. As used in this section, “telecommunications technology” 9 includes, without limitation, a laptop computer or tablet device. 10 Sec. 5. NRS 385.810 is hereby amended to read as follows: 11 385.810 1. On or before November 1 of each year, the board 12 of trustees of each school district , the Department and the State 13 Public Charter School Authority shall submit a report to the Office 14 of Science, Technology and Innovation in a manner prescribed by 15 the Office. The report must include: 16 (a) The number of pupils who lack access to the Internet at their 17 homes and, to the extent authorized by the Family Educational 18 Rights and Privacy Act of 1974, 20 U.S.C. § 1232g, and any 19 regulations adopted pursuant thereto, the addresses of such pupils; 20 (b) The number of pupils who use a hotspot provided by the 21 school district or charter school to access the Internet; 22 (c) The number of pupils who lack access to 23 telecommunications technology that is capable of facilitating remote 24 learning; 25 (d) The number of pupils who lack both access to the Internet 26 and access to telecommunications technology; and 27 (e) The current requirements of the board of trustees of the 28 school district , the Department or the State Public Charter School 29 Authority for telecommunications technology owned by the school 30 district, a school within the school district, the State Public Charter 31 School Authority , [or] a charter school sponsored by the State 32 Public Charter School Authority [.] or a Department charter 33 school. 34 2. As used in this section, “telecommunications technology” 35 includes, without limitation, a laptop computer or tablet device. 36 Sec. 6. Chapter 385A of NRS is hereby amended by adding 37 thereto a new section to read as follows: 38 1. The principal of each public school, including, without 39 limitation, each charter school, shall, in consultation with the 40 employees of the school, prepare an instructional model for the 41 school which must include, without limitation, information about 42 the curriculum, grading, planning, assessment, software and 43 business decisions of the school. 44 – 11 – - *SB224* 2. The principal of each public school shall, in consultation 1 with the employees of the school, annually review the instructional 2 model prepared pursuant to this section and make revisions as 3 necessary. 4 3. On or before the date prescribed by regulation of the State 5 Board pursuant to subsection 5, the principal of each public 6 school shall submit the instructional model or the revised 7 instructional model, as applicable, to: 8 (a) The Department; and 9 (b) The board of trustees of the school district in which the 10 school is located or, if the school is a charter school, the governing 11 body of the charter school. 12 4. The Department shall develop and implement a process for 13 allowing the principal of each public school to access such 14 instructional models from other schools with similar 15 demographics, including, without limitation, from schools that 16 receive higher ratings according to the statewide system of 17 accountability for public schools. 18 5. The State Board shall adopt regulations necessary to carry 19 out the provisions of this section. 20 Sec. 7. NRS 385A.070 is hereby amended to read as follows: 21 385A.070 1. The board of trustees of each school district in 22 this State, in cooperation with associations recognized by the State 23 Board as representing licensed educational personnel in the district, 24 shall adopt a program providing for the accountability of the school 25 district to the residents of the district and to the State Board for the 26 quality of the schools and the educational achievement of the pupils 27 in the district, including, without limitation, pupils enrolled in 28 charter schools sponsored by the school district. The board of 29 trustees of each school district shall report the information required 30 by NRS 385A.070 to 385A.320, inclusive, for each charter school 31 sponsored by the school district. The information for charter schools 32 must be reported separately. 33 2. The board of trustees of each school district shall, on or 34 before December 31 of each year, prepare for the immediately 35 preceding school year a single annual report of accountability 36 concerning the educational goals and objectives of the school 37 district, the information prescribed by NRS 385A.070 to 385A.320, 38 inclusive, and such other information as is directed by the 39 Superintendent of Public Instruction. A separate reporting for a 40 group of pupils must not be made pursuant to NRS 385A.070 to 41 385A.320, inclusive, if the number of pupils in that group is 42 insufficient to yield statistically reliable information or the results 43 would reveal personally identifiable information about an individual 44 pupil. The Department shall use the mechanism approved by the 45 – 12 – - *SB224* United States Department of Education for the statewide system of 1 accountability for public schools for determining the minimum 2 number of pupils that must be in a group for that group to yield 3 statistically reliable information. 4 3. The State Public Charter School Authority, the Department, 5 each college or university within the Nevada System of Higher 6 Education and each city or county that sponsors a charter school 7 shall, on or before December 31 of each year, prepare for the 8 immediately preceding school year an annual report of 9 accountability of the charter schools sponsored by the State Public 10 Charter School Authority , the Department or the institution, as 11 applicable, concerning the accountability information prescribed by 12 the Department pursuant to this section. The Department, in 13 consultation with the State Public Charter School Authority, each 14 college or university within the Nevada System of Higher Education 15 and each city or county that sponsors a charter school, shall 16 prescribe by regulation the information that must be prepared by the 17 State Public Charter School Authority , the Department and the 18 institution, as applicable, which must include, without limitation, the 19 information contained in subsection 2 and NRS 385A.070 to 20 385A.320, inclusive, as applicable to charter schools. The 21 Department shall provide for public dissemination of the annual 22 report of accountability prepared pursuant to this section by posting 23 a copy of the report on the Internet website maintained by the 24 Department. 25 4. The annual report of accountability prepared pursuant to this 26 section must be presented in an understandable and uniform format 27 and, to the extent practicable, provided in a language that parents 28 can understand. 29 Sec. 8. NRS 385A.080 is hereby amended to read as follows: 30 385A.080 1. The Superintendent of Public Instruction shall: 31 (a) Prescribe forms for the reports required pursuant to NRS 32 385A.070 and provide the forms to the respective school districts, 33 the State Public Charter School Authority, the Department, each 34 college or university within the Nevada System of Higher Education 35 and each city or county that sponsors a charter school. 36 (b) Provide statistical information and technical assistance to the 37 school districts, the State Public Charter School Authority, the 38 Department, each college or university within the Nevada System 39 of Higher Education and each city or county that sponsors a charter 40 school to ensure that the reports provide comparable information 41 with respect to each school in each district, each charter school and 42 among the districts and charter schools throughout this State. 43 (c) Consult with a representative of the: 44 (1) Nevada State Education Association; 45 – 13 – - *SB224* (2) Nevada Association of School Boards; 1 (3) Nevada Association of School Administrators; 2 (4) Nevada Parent Teacher Association; 3 (5) Budget Division of the Office of Finance; 4 (6) Legislative Counsel Bureau; and 5 (7) Charter School Association of Nevada, 6 concerning the program adopted pursuant to subsection 1 of NRS 7 385A.070 and consider any advice or recommendations submitted 8 by the representatives with respect to the program. 9 (d) Establish metrics of performance for public schools for each 10 grade which include, without limitation, metrics for: 11 (1) The growth and proficiency of pupils in literacy, 12 mathematics and science; 13 (2) The engagement and proficiency of pupils in courses for 14 college and career readiness; and 15 (3) The retention and recruitment of teachers and education 16 support professionals. 17 2. The Superintendent of Public Instruction may consult with 18 representatives of parent groups other than the Nevada Parent 19 Teacher Association concerning the program adopted pursuant to 20 subsection 1 of NRS 385A.070 and consider any advice or 21 recommendations submitted by the representatives with respect to 22 the program. 23 3. The Superintendent of Public Instruction and each school 24 district and charter school shall: 25 (a) Publish the metrics established pursuant to paragraph (d) of 26 subsection 1 on their respective Internet websites; and 27 (b) On or before October 1 of each year, report data relating to 28 each metric established pursuant to paragraph (d) of subsection 1 to 29 the Governor, the State Board and the Director of the Legislative 30 Counsel Bureau for transmission to the Joint Interim Standing 31 Committee on Education. 32 Sec. 9. NRS 385A.090 is hereby amended to read as follows: 33 385A.090 1. On or before September 30 of each year: 34 (a) The board of trustees of each school district, the State Public 35 Charter School Authority, the Department, each college or 36 university within the Nevada System of Higher Education and each 37 city or county that sponsors a charter school shall provide written 38 notice that the report required pursuant to NRS 385A.070 is 39 available on the Internet website maintained by the school district, 40 the State Public Charter School Authority, the Department, the 41 institution or the city or county, if any, or otherwise provide written 42 notice of the availability of the report. The written notice must be 43 provided to the: 44 (1) Governor; 45 – 14 – - *SB224* (2) State Board; 1 (3) Department; 2 (4) Committee; 3 (5) Bureau; and 4 (6) Attorney General, with a specific reference to the 5 information that is reported pursuant to paragraph (e) of subsection 6 1 of NRS 385A.250. 7 (b) The board of trustees of each school district, the State Public 8 Charter School Authority, the Department, each college or 9 university within the Nevada System of Higher Education and each 10 city or county that sponsors a charter school shall provide for public 11 dissemination of the annual report of accountability prepared 12 pursuant to NRS 385A.070 by posting a copy of the report on the 13 Internet website maintained by the school district, the State Public 14 Charter School Authority, the Department, the institution or the city 15 or county, if any. If a school district does not maintain a website, the 16 district shall otherwise provide for public dissemination of the 17 annual report by providing a copy of the report to the schools in 18 the school district, including, without limitation, each charter school 19 sponsored by the district, the residents of the district, and the parents 20 and guardians of pupils enrolled in schools in the district, including, 21 without limitation, each charter school sponsored by the district. If 22 the State Public Charter School Authority, the institution, the city or 23 the county does not maintain a website, the State Public Charter 24 School Authority, the institution, the city or the county, as 25 applicable, shall otherwise provide for public dissemination of the 26 annual report by providing a copy of the report to each charter 27 school it sponsors and the parents and guardians of pupils enrolled 28 in each charter school it sponsors. 29 2. Upon the request of the Governor, the Attorney General, an 30 entity described in paragraph (a) of subsection 1 or a member of the 31 general public, the board of trustees of a school district, the State 32 Public Charter School Authority, the Department, a college or 33 university within the Nevada System of Higher Education or a city 34 or county that sponsors a charter school, as applicable, shall provide 35 a portion or portions of the report required pursuant to 36 NRS 385A.070. 37 Sec. 10. NRS 385A.240 is hereby amended to read as follows: 38 385A.240 1. The annual report of accountability prepared 39 pursuant to NRS 385A.070 must include information on the 40 attendance, truancy and transiency of pupils, including, without 41 limitation: 42 (a) Records of the attendance and truancy of pupils in all grades, 43 including, without limitation: 44 – 15 – - *SB224* (1) The average daily attendance of pupils, for each school in 1 the district and the district as a whole, including, without limitation, 2 each charter school sponsored by the district. 3 (2) For each elementary school, middle school and junior 4 high school in the district, including, without limitation, each charter 5 school sponsored by the district that provides instruction to pupils 6 enrolled in a grade level other than high school, information that 7 compares the attendance of the pupils enrolled in the school with the 8 attendance of pupils throughout the district and throughout this 9 State. The information required by this subparagraph must be 10 provided in consultation with the Department to ensure the accuracy 11 of the comparison. 12 (b) The number of pupils in each grade who are retained in the 13 same grade pursuant to NRS 392.033, 392.125 or 392.760, for each 14 school in the district and the district as a whole, including, without 15 limitation, each charter school sponsored by the district. 16 (c) The transiency rate of pupils for each school in the district 17 and the district as a whole, including, without limitation, each 18 charter school sponsored by the district. For the purposes of this 19 paragraph, a pupil is not transient if the pupil is transferred to a 20 different school within the school district as a result of a change in 21 the zone of attendance by the board of trustees of the school district 22 pursuant to NRS 388.040. 23 (d) The number of habitual truants reported for each school in 24 the district and for the district as a whole, including, without 25 limitation, the number who are: 26 (1) Reported to an attendance officer, a school police officer 27 or a local law enforcement agency pursuant to paragraph (a) of 28 subsection 2 of NRS 392.144; 29 (2) Referred to an advisory board to review school 30 attendance pursuant to paragraph (b) of subsection 2 of NRS 31 392.144; and 32 (3) Referred for the imposition of administrative sanctions 33 pursuant to paragraph (c) of subsection 2 of NRS 392.144. 34 2. The information included pursuant to subsection 1 must 35 allow such information to be disaggregated by: 36 (a) Pupils who are economically disadvantaged; 37 (b) Pupils from major racial and ethnic groups; 38 (c) Pupils with disabilities; 39 (d) Pupils who are English learners; 40 (e) Pupils who are migratory children; 41 (f) Gender; 42 (g) Pupils who are homeless; 43 (h) Pupils in foster care; and 44 – 16 – - *SB224* (i) Pupils whose parent or guardian is a member of the Armed 1 Forces of the United States, a reserve component thereof or the 2 National Guard. 3 3. On or before September 30 of each year: 4 (a) The board of trustees of each school district shall submit to 5 each advisory board to review school attendance created in the 6 county pursuant to NRS 392.126 the information required by 7 paragraph (a) of subsection 1. 8 (b) The State Public Charter School Authority, the Department, 9 each college or university within the Nevada System of Higher 10 Education and each city or county that sponsors a charter school 11 shall submit to each advisory board to review school attendance 12 created in a county pursuant to NRS 392.126 the information 13 regarding the records of the attendance and truancy of pupils 14 enrolled in the charter school located in that county, if any, in 15 accordance with the regulations prescribed by the Department 16 pursuant to subsection 3 of NRS 385A.070. 17 Sec. 11. NRS 385A.720 is hereby amended to read as follows: 18 385A.720 1. Except as otherwise provided in subsection 3: 19 (a) Based upon the information received from the Department 20 pursuant to NRS 385A.670, the board of trustees of each school 21 district shall, on or before August 15 of each year, issue a 22 preliminary rating for each public school in the school district in 23 accordance with the statewide system of accountability for public 24 schools, excluding charter schools sponsored by the State Public 25 Charter School Authority, the Department, a college or university 26 within the Nevada System of Higher Education or a city or county. 27 (b) The board of trustees shall make preliminary ratings for all 28 charter schools that are sponsored by the board of trustees. 29 (c) The Department shall make preliminary ratings for all 30 charter schools sponsored by the State Public Charter School 31 Authority [,] and the Department, all charter schools sponsored by 32 a college or university within the Nevada System of Higher 33 Education and all charter schools sponsored by a city or county. 34 2. Except as otherwise provided in subsection 3: 35 (a) Before making a final rating for a school, the board of 36 trustees of the school district or the Department, as applicable, shall 37 provide the school an opportunity to review the data upon which the 38 preliminary rating is based and to present evidence. 39 (b) If the school is a public school of the school district or a 40 charter school sponsored by the board of trustees, the board of 41 trustees of the school district shall, in consultation with the 42 Department, make a final determination concerning the rating for 43 the school on September 15. 44 – 17 – - *SB224* (c) If the school is a charter school sponsored by the State Public 1 Charter School Authority, the Department, a college or university 2 within the Nevada System of Higher Education or a city or county, 3 the Department shall make a final determination concerning the 4 rating for the school on September 15. 5 3. The Department may temporarily waive or otherwise pause 6 the requirement to make ratings for public schools that comply with 7 20 U.S.C. § 6311(c) pursuant to this section if the United States 8 Department of Education grants a waiver from or otherwise pauses 9 the requirements of 20 U.S.C. § 6311(c). 10 4. On or before September 15 of each year, the Department 11 shall post on the Internet website maintained by the Department the 12 determinations and final ratings made for all schools in this State. 13 Sec. 12. NRS 388.795 is hereby amended to read as follows: 14 388.795 1. The Department shall establish a plan for the use 15 of educational technology in the public schools of this State. In 16 preparing the plan, the Department shall consider: 17 (a) Plans that have been adopted by the school districts and 18 charter schools in this State and any other relevant plan that has 19 been adopted by the Department; 20 (b) Plans that have been adopted in other states; 21 (c) The information reported pursuant to NRS 385A.310 and 22 similar information included in the annual report of accountability 23 information prepared by the State Public Charter School Authority, 24 the Department, a college or university within the Nevada System 25 of Higher Education and a city or county that sponsors a charter 26 school pursuant to subsection 3 of NRS 385A.070; 27 (d) The results of the assessment of needs conducted pursuant to 28 subsection 5; and 29 (e) Any other information that the Department or the Committee 30 deems relevant to the preparation of the plan. 31 2. The plan established by the Department must include 32 recommendations for methods to: 33 (a) Incorporate educational technology into the public schools of 34 this State; 35 (b) Increase the number of pupils in the public schools of this 36 State who have access to educational technology; 37 (c) Increase the availability of educational technology to assist 38 licensed teachers and other educational personnel in complying with 39 the requirements of continuing education, including, without 40 limitation, the receipt of credit for college courses completed 41 through the use of educational technology; 42 (d) Facilitate the exchange of ideas to improve the achievement 43 of pupils who are enrolled in the public schools of this State; and 44 – 18 – - *SB224* (e) Address the needs of teachers in incorporating the use of 1 educational technology in the classroom, including, without 2 limitation, the completion of training that is sufficient to enable the 3 teachers to instruct pupils in the use of educational technology. 4 3. The following entities shall cooperate with the Department 5 in carrying out the provisions of this section: 6 (a) The State Board. 7 (b) The board of trustees of each school district. 8 (c) The superintendent of schools of each school district. 9 4. The Department shall: 10 (a) Develop technical standards for educational technology and 11 any electrical or structural appurtenances necessary thereto, 12 including, without limitation, uniform specifications for computer 13 hardware and wiring, to ensure that such technology is compatible, 14 uniform and can be interconnected throughout the public schools of 15 this State. 16 (b) Allocate money to the school districts from the Trust Fund 17 for Educational Technology created pursuant to NRS 388.800 and 18 any money appropriated by the Legislature for educational 19 technology, subject to any priorities for such allocation established 20 by the Legislature. 21 (c) Establish criteria for the board of trustees of a school district 22 that receives an allocation of money from the Trust Fund to: 23 (1) Repair, replace and maintain computer systems. 24 (2) Upgrade and improve computer hardware and software 25 and other educational technology. 26 (3) Provide training, installation and technical support related 27 to the use of educational technology within the district. 28 (d) Submit to the Governor and the Committee its plan for the 29 use of educational technology in the public schools of this State and 30 any recommendations for legislation. 31 (e) Review the plan annually and make revisions as it deems 32 necessary or as recommended by the Committee. 33 (f) In addition to the recommendations set forth in the plan 34 pursuant to subsection 2, make further recommendations to the 35 Committee as the Department deems necessary. 36 5. During the spring semester of each even-numbered school 37 year, the Department shall conduct an assessment of the needs of 38 each school district relating to educational technology. In 39 conducting the assessment, the Department shall consider: 40 (a) The recommendations set forth in the plan pursuant to 41 subsection 2; 42 (b) The plan for educational technology of each school district, 43 if applicable; 44 – 19 – - *SB224* (c) Evaluations of educational technology conducted for the 1 State or for a school district, if applicable; and 2 (d) Any other information deemed relevant by the Department. 3 The Department shall submit a final written report of the 4 assessment to the Superintendent of Public Instruction on or before 5 April 1 of each even-numbered year. 6 6. The Superintendent of Public Instruction shall prepare a 7 written compilation of the results of the assessment conducted by 8 the Department and transmit the written compilation on or before 9 June 1 of each even-numbered year to the Committee and to the 10 Director of the Legislative Counsel Bureau for transmission to the 11 next regular session of the Legislature. 12 7. The Director may appoint an advisory committee composed 13 of employees of the Department or other qualified persons to 14 provide recommendations to the Department regarding standards for 15 the establishment, coordination and use of a telecommunications 16 network in the public schools throughout the various school districts 17 in this State. The advisory committee serves at the pleasure of the 18 Director and without compensation unless an appropriation or other 19 money for that purpose is provided by the Legislature. 20 8. As used in this section, “public school” includes the Caliente 21 Youth Center, the Nevada Youth Training Center and any other 22 state facility for the detention of children that is operated pursuant to 23 title 5 of NRS. 24 Sec. 13. Chapter 388A of NRS is hereby amended by adding 25 thereto the provisions set forth as sections 14 to 27, inclusive, of this 26 act. 27 Sec. 14. “Charter school” does not include a Department 28 charter school, except to the extent provided by section 25 of this 29 act. 30 Sec. 15. As used in sections 15 to 27, inclusive, of this act, 31 unless the context otherwise requires, the words and terms defined 32 in sections 16, 17 and 18 of this act have the meanings ascribed to 33 them in those sections. 34 Sec. 16. “Charter management organization” means a 35 nonprofit corporation, organization or other entity that provides 36 services relating to the operation and management of charter 37 schools. 38 Sec. 17. “Educational management organization” means a 39 for-profit corporation, business, organization or other entity that 40 provides services relating to the operation and management of 41 charter schools. 42 Sec. 18. “Public school” does not include a charter school or 43 a university school for profoundly gifted pupils. 44 – 20 – - *SB224* Sec. 19. 1. The Account for Department Charter Schools is 1 hereby created in the State General Fund, to be administered by 2 the Superintendent of Public Instruction. 3 2. The interest and income earned on the money in the 4 Account must be credited to the Account. 5 3. The money in the Account may be used only for the 6 establishment and maintenance of Department charter schools. 7 4. Any money remaining in the Account at the end of a fiscal 8 year does not revert to the State General Fund, and the balance in 9 the Account must be carried forward to the next fiscal year. 10 5. The Department may accept gifts, grants, donations and 11 bequests to carry out the responsibilities of the Department 12 pursuant to sections 15 to 27, inclusive, of this act. Any money 13 from gifts, grants, donations and bequests must be deposited in the 14 Account and may be expended in accordance with the terms and 15 conditions of the gift, grant or bequest, or in accordance with this 16 section. 17 6. Claims against the Account must be paid as other claims 18 against the State are paid. 19 Sec. 20. 1. The Department shall take over the 20 responsibility for a public school and convert the public school to 21 a Department charter school if, for 3 consecutive years, based 22 upon the annual reports of the statewide system of accountability 23 for public schools, the public school was rated in the lowest 5 24 percent of public schools in this State in pupil achievement and 25 school performance. 26 2. The Department shall notify a public school which will be 27 converted to a Department charter school pursuant to subsection 28 1, and notify the school district in which the public school is 29 located, not later than 60 days after determining that conversion is 30 required. 31 Sec. 21. 1. For each public school which is converted to a 32 Department charter school pursuant to section 20 of this act, the 33 Superintendent of Public Instruction shall: 34 (a) Solicit applications from educational management 35 organizations, charter management organizations and other 36 persons to operate the Department charter school. 37 (b) Provide information to parents of pupils enrolled at the 38 public school concerning programs of instruction that applicants 39 to operate the Department charter school have proposed to offer at 40 the Department charter school and, in accordance with any 41 regulations adopted pursuant to section 27 of this act, solicit the 42 input of such parents concerning the needs of such pupils and the 43 ability of the proposed programs of instruction to address those 44 needs. 45 – 21 – - *SB224* (c) Taking into consideration the input provided pursuant to 1 paragraph (b), evaluate the applications submitted to operate the 2 Department charter school and approve an application that the 3 Department determines is high quality, meets the identified 4 educational needs of pupils and is likely to improve pupil 5 achievement and school performance. 6 (d) Negotiate and enter into a contract to operate the 7 Department charter school directly with a charter management 8 organization, educational management organization or other 9 person whose application is approved pursuant to paragraph (c). 10 Such a contract must not: 11 (1) Contain any provision that would delay or prevent the 12 approval of an application by the governing body of the 13 Department charter school or the Department for an exemption 14 from federal taxation pursuant to 26 U.S.C. § 501(c)(3); 15 (2) Require the Department to pay any costs associated with 16 ensuring that services comply with state and federal law; 17 (3) Provide that the charter management organization, 18 educational management organization or other person, as 19 applicable, is not liable for failing to comply with the requirements 20 of the contract; or 21 (4) Provide for the enforcement of terms of the contract 22 that conflict with an applicable charter contract or federal or state 23 law. 24 (e) Monitor and evaluate pupil achievement and school 25 performance of each Department charter school. 26 2. The Department shall adopt regulations that prescribe the 27 process by which a charter management organization, educational 28 management organization or other person may apply to operate a 29 Department charter school. Such regulations must, without 30 limitation: 31 (a) Require each application to include a plan to involve and 32 engage the parents and families of pupils enrolled at the 33 Department charter school; and 34 (b) Authorize a charter management organization, educational 35 management organization or other person to submit one 36 application to operate more than one Department charter school. 37 3. If a charter management organization, educational 38 management organization or other person applies to operate more 39 than one Department charter school pursuant to paragraph (b) of 40 subsection 2, the Department must not approve the application 41 unless any Department charter school currently operated by the 42 charter management organization, educational management 43 organization or other person, as applicable, meets specific criteria 44 – 22 – - *SB224* for pupil achievement and school performance established for 1 each such school by the Department. 2 Sec. 22. 1. After a contract is entered into pursuant to 3 section 21 of this act, the Department shall be deemed the sponsor 4 of the Department charter school for all purposes, including, 5 without limitation, receipt of the sponsorship fee prescribed by 6 NRS 388A.414. 7 2. The charter management organization, educational 8 management organization or other person with whom the 9 Superintendent of Public Instruction enters into a contract to 10 operate the Department charter school shall appoint the governing 11 body of the Department charter school, consisting of such persons 12 as deemed appropriate by the charter management organization, 13 educational management organization or other person, as 14 applicable, and who meet the requirements set forth in subsection 15 3. The governing body has such powers and duties as assigned 16 pursuant to sections 15 to 27, inclusive, of this act and any other 17 applicable law or regulation and by the Superintendent of Public 18 Instruction. 19 3. At least two members of the governing body of a 20 Department charter school must reside in the community in which 21 the Department charter school is located. A person who is 22 employed by the charter management organization, educational 23 management organization or other person with whom the 24 Superintendent of Public Instruction has entered into a contract to 25 operate the Department charter school may not serve as a voting 26 member of the governing body of the Department charter school. 27 4. The Superintendent of Public Instruction may terminate a 28 contract to operate a Department charter school before the 29 expiration of the contract under circumstances prescribed by 30 regulation of the Department. 31 Sec. 23. 1. After the governing body of a Department 32 charter school is appointed pursuant to section 22 of this act, the 33 governing body shall select the principal of the Department 34 charter school. The principal shall review each employee of the 35 public school that was converted to a Department charter school to 36 determine whether to offer the employee a position in the 37 Department charter school based on the needs of the school and 38 the ability of the employee to effectively meet those needs. The 39 board of trustees of the school district in which the Department 40 charter school is located may terminate the employment of or 41 reassign any employee who is not offered a position in the 42 Department charter school or does not accept such a position. 43 2. A public school which is converted to a Department 44 charter school pursuant to section 20 of this act must continue to 45 – 23 – - *SB224* operate in the same building in which the school operated before 1 being converted to a Department charter school. The board of 2 trustees of the school district in which the school is located must 3 provide such use of the building without compensation. While the 4 school is operated as a Department charter school, the governing 5 body of the Department charter school shall pay all costs related to 6 the maintenance and operation of the building and the board of 7 trustees shall pay all capital expenses. 8 3. The board of trustees of a school district: 9 (a) Is not required to give priority to a capital project at a 10 public school that is selected for conversion to a Department 11 charter school; and 12 (b) Shall not reduce the priority of such a capital project that 13 existed before the school was selected for conversion. 14 4. Any pupil who was enrolled at a public school before the 15 school was converted to a Department charter school pursuant to 16 section 20 of this act must be enrolled in the Department charter 17 school, unless the parent or guardian of the pupil submits a 18 written notice to the principal of the Department charter school 19 that the pupil will not continue to be enrolled in the Department 20 charter school. 21 5. The governing body of a Department charter school shall 22 not authorize the payment of loans, advances or other monetary 23 charges to the charter management organization, educational 24 management organization or other person with whom the 25 Superintendent of Public Instruction has entered into a contract to 26 operate the Department charter school which are greater than 15 27 percent of the total expected funding to be received by the 28 Department charter school from the State Education Fund. 29 Sec. 24. 1. Each Department charter school is hereby 30 deemed a local educational agency for the purpose of receiving 31 any money available from federal grant programs. A Department 32 charter school that receives money pursuant to such a grant 33 program shall comply with any applicable reporting requirements 34 to receive the grant. 35 2. As used in this section, “local educational agency” has the 36 meaning ascribed to it in 20 U.S.C. § 7801(30)(A). 37 Sec. 25. 1. Except as otherwise provided in this section, the 38 provisions of this chapter are not applicable to a Department 39 charter school. 40 2. The provisions of NRS 388A.090, 388A.095, 388A.100, 41 388A.171, 388A.226, 388A.247, 388A.323, 388A.345, 388A.348, 42 388A.352 to 388A.355, inclusive, 388A.363 to 388A.369, inclusive, 43 subsection 1 of NRS 388A.3934, NRS 388A.405 to 388A.420, 44 – 24 – - *SB224* inclusive, and 388A.471 to 388A.695, inclusive, apply to a 1 Department charter school. 2 Sec. 26. 1. Upon request of the Superintendent of Public 3 Instruction, the board of trustees of the school district in which a 4 Department charter school is located shall provide facilities to 5 operate the Department charter school, in addition to and not 6 including the building in which the Department charter school 7 operates pursuant to section 23 of this act, or perform any service 8 relating to the operation of the Department charter school, 9 including, without limitation, transportation, the provision of food 10 services and health services for pupils who are enrolled in the 11 Department charter school and the provision of school police 12 officers. The governing body of the Department charter school 13 shall reimburse the board of trustees of the school district for the 14 cost of such facilities and services. If a dispute arises between the 15 governing body of a Department charter school or the Department 16 and the board of trustees of a school district concerning the cost of 17 such facilities and services to be reimbursed, the Superintendent 18 of Public Instruction must determine the cost to be reimbursed. 19 2. To the extent that money is available from legislative 20 appropriation or otherwise, a Department charter school that does 21 not meet the requirements of subsection 1 of NRS 388A.405 may 22 apply to the Department for money for facilities if the Department 23 charter school meets the requirements prescribed by regulation of 24 the Department. 25 3. A school district that provides school police officers to a 26 Department charter school pursuant to this section is immune 27 from civil and criminal liability for any act or omission of a school 28 police officer that provides services to the Department charter 29 school. 30 Sec. 27. The Department shall adopt any regulations 31 necessary or convenient to carry out the provisions of sections 15 32 to 27, inclusive, of this act. The regulations may prescribe, without 33 limitation: 34 1. The process by which the Superintendent of Public 35 Instruction must solicit the input of parents of pupils enrolled at a 36 public school that will be converted to a Department charter 37 school concerning the needs of such pupils pursuant to section 21 38 of this act before approving an application to operate the 39 Department charter school pursuant to section 20 of this act. 40 2. The process by which the Superintendent of Public 41 Instruction must solicit applications to operate a Department 42 charter school and the procedure and criteria that the 43 Superintendent must use when evaluating such applications 44 pursuant to section 20 of this act. 45 – 25 – - *SB224* 3. The manner in which the Superintendent of Public 1 Instruction must monitor and evaluate pupil achievement and 2 school performance of a Department charter school. 3 4. The process by which a parent or legal guardian of a child 4 may apply for enrollment in a Department charter school, 5 including, without limitation, the required contents of the 6 application and the criteria used to determine which pupils will be 7 enrolled in the Department charter school. A Department charter 8 school shall not accept applications for enrollment in the 9 Department charter school or otherwise discriminate based on the 10 race, gender, religion, ethnicity, disability, sexual orientation or 11 gender identity or expression of a pupil. 12 5. Requirements for annual independent audits of 13 Department charter schools, including, without limitation: 14 (a) Required training for prospective auditors on the 15 expectations and scope of the audits; 16 (b) Annual performance audits and financial audits of 17 Department charter schools that do not satisfy the requirements of 18 subsection 1 of NRS 388A.405; and 19 (c) Performance audits every 3 years and annual financial 20 audits of Department charter schools that satisfy the requirements 21 of subsection 1 of NRS 388A.405. 22 6. Ethics requirements for the governing bodies of charter 23 schools. 24 7. Procedures for accounting and budgeting. 25 8. The process by which the Superintendent of Public 26 Instruction must fulfill the duties prescribed by subsection 1 of 27 section 21 of this act. 28 Sec. 28. NRS 388A.010 is hereby amended to read as follows: 29 388A.010 As used in this chapter, the words and terms defined 30 in NRS 388A.015 to 388A.050, inclusive, and section 14 of this act 31 have the meanings ascribed to them in those sections. 32 Sec. 29. NRS 388A.075 is hereby amended to read as follows: 33 388A.075 [The] Except as otherwise provided in section 20 of 34 this act, the Legislature declares that by authorizing the formation 35 of charter schools it is not authorizing: 36 1. The conversion of an existing public school, homeschool or 37 other program of home study to a charter school. 38 2. A means for providing financial assistance for private 39 schools or programs of home study. The provisions of this 40 subsection do not preclude: 41 (a) A private school from ceasing to operate as a private school 42 and reopening as a charter school in compliance with the provisions 43 of this chapter. 44 – 26 – - *SB224* (b) The payment of money to a charter school for the enrollment 1 of children in classes at the charter school pursuant to subsection 1 2 of NRS 388A.471 who are enrolled in a public school of a school 3 district or a private school or who are homeschooled. 4 3. The formation of charter schools on the basis of a single 5 race, religion or ethnicity. 6 Sec. 30. NRS 388A.080 is hereby amended to read as follows: 7 388A.080 The provisions of this chapter do not authorize an 8 existing public school, homeschool or other program of home study 9 to convert to a charter school [.] , except as otherwise provided in 10 section 20 of this act. 11 Sec. 31. NRS 388A.353 is hereby amended to read as follows: 12 388A.353 On or before November 1 of each even-numbered 13 year, the governing body of each charter school that [enters into a 14 contract with] is operated by or receives services from an 15 educational management organization shall submit to the sponsor of 16 the charter school a report that includes the amount paid to the 17 educational management organization in the current and 18 immediately preceding fiscal years. On or before November 1 of 19 each even-numbered year, each sponsor of a charter school that 20 [enters into a contract with] is operated by or receives services from 21 an educational management organization shall submit to the 22 Director of the Legislative Counsel Bureau for transmission to 23 the next regular session of the Legislature a report that includes the 24 amount paid to the educational management organization by the 25 charter school in the current and immediately preceding fiscal years. 26 Sec. 32. NRS 388A.354 is hereby amended to read as follows: 27 388A.354 1. The governing body of a charter school that 28 receives services from an educational management organization 29 shall: 30 (a) Post to the Internet website of the charter school: 31 (1) Each financial audit and each performance audit of the 32 charter school required by the Department pursuant to NRS 33 388A.105 or 388A.110 [;] or section 27 of this act; 34 (2) Information on the contract with the charter management 35 organization or the educational management organization, 36 including, without limitation: 37 (I) The amount of money received by the educational 38 management organization from public and private sources to carry 39 out the terms of the contract; 40 (II) The expenditures of the educational management 41 organization relating to carrying out the contract, including, without 42 limitation, the payment of salaries, benefits and bonuses; and 43 (III) An identification of each contract, transaction and 44 agreement entered into by the educational management organization 45 – 27 – - *SB224* relating to carrying out the contract with the charter school, 1 including, without limitation, contracts, transactions and agreements 2 with parent organizations, subsidiaries and partnerships of the 3 educational management organization; and 4 (3) To the extent practicable, information on any contract 5 between a member of the governing body of the charter school or 6 any member of the family of the member of the governing body and 7 another charter school, sponsor of a charter school, charter 8 management organization or educational management organization. 9 (b) Submit information on the contract with the educational 10 management organization and a letter describing whether the 11 governing body of the charter school is satisfied with the contractual 12 relationship with the educational management organization to the 13 sponsor of the charter school. 14 2. The sponsor of a charter school may, after reviewing the 15 information provided pursuant to paragraph (b) of subsection 1, 16 request additional information, conduct an investigation or 17 otherwise take action relating to the information received by the 18 sponsor of the charter school. 19 3. On or before December 15 of each odd-numbered year, the 20 sponsor of a charter school that receives information on a contract 21 between the governing body of a charter school and an educational 22 management organization pursuant to subsection 1 shall submit a 23 report of such information to the Joint Interim Standing Committee 24 on Education. 25 Sec. 33. NRS 388A.405 is hereby amended to read as follows: 26 388A.405 1. To the extent money is available from 27 legislative appropriation or otherwise, a charter school may apply to 28 the Department for money for facilities if: 29 (a) The charter school has been operating in this State for at 30 least 5 consecutive years and is in good financial standing; 31 (b) Each financial audit and each performance audit of the 32 charter school required by the Department pursuant to NRS 33 388A.105 or 388A.110 or section 27 of this act contains no major 34 notations, corrections or errors concerning the charter school for at 35 least 5 consecutive years; 36 (c) The charter school has met or exceeded the school 37 achievement targets and performance targets established pursuant to 38 the statewide system of accountability for public schools or has 39 demonstrated improvement in the achievement of pupils enrolled in 40 the charter school, as indicated by those school achievement targets 41 and performance targets, for the majority of the years of its 42 operation; and 43 (d) At least 75 percent of the pupils enrolled in grade 12 in the 44 charter school in the immediately preceding school year have 45 – 28 – - *SB224* satisfied the requirements of subsection 3 or 4 of NRS 390.600 or 1 the criteria prescribed by the State Board pursuant to subsection 1 of 2 NRS 390.600, if the charter school enrolls pupils at a high school 3 grade level. 4 2. A charter school that satisfies the requirements of subsection 5 1 shall submit to a performance audit as required by the Department 6 one time every 3 years. The sponsor of the charter school and the 7 Department shall not request a performance audit of the charter 8 school more frequently than every 3 years without reasonable 9 evidence of noncompliance in achieving the educational goals and 10 objectives of the charter school based upon the annual report 11 submitted to the Department pursuant to NRS 388A.351. If the 12 charter school no longer satisfies the requirements of subsection 1 or 13 if reasonable evidence of noncompliance in achieving the 14 educational goals and objectives of the charter school exists based 15 upon the annual report, the charter school shall, upon written notice 16 from the sponsor, submit to an annual performance audit. 17 Notwithstanding the provisions of paragraph (b) of subsection 1, 18 such a charter school: 19 (a) May, after undergoing the annual performance audit, reapply 20 to the sponsor to determine whether the charter school satisfies the 21 requirements of paragraphs (a), (c) and (d) of subsection 1. 22 (b) Is not eligible for any available money pursuant to 23 subsection 1 until the sponsor determines that the charter school 24 satisfies the requirements of that subsection. 25 3. A charter school that does not satisfy the requirements of 26 subsection 1 shall submit a quarterly report of the financial status of 27 the charter school if requested by the sponsor of the charter school. 28 Sec. 34. NRS 388G.050 is hereby amended to read as follows: 29 388G.050 1. There is hereby established a Program of 30 Empowerment Schools for public schools within this State. The 31 Program does not include a university school for profoundly gifted 32 pupils [.] or a Department charter school. 33 2. The board of trustees of a school district which is located: 34 (a) In a county whose population is less than 100,000 may 35 approve public schools located within the school district to operate 36 as empowerment schools. 37 (b) In a county whose population is 100,000 or more but less 38 than 700,000 shall approve not less than 5 percent of the schools 39 located within the school district to operate as empowerment 40 schools. 41 3. The board of trustees of a school district which participates 42 in the Program of Empowerment Schools shall, on or before 43 September 1 of each year, provide notice to the Department of the 44 – 29 – - *SB224* number of schools within the school district that are approved to 1 operate as empowerment schools for that school year. 2 4. The board of trustees of a school district that participates in 3 the Program of Empowerment Schools may create a design team for 4 the school district. If such a design team is created, the membership 5 of the design team must consist of the following persons appointed 6 by the board of trustees: 7 (a) At least one representative of the board of trustees; 8 (b) The superintendent of the school district, or the 9 superintendent’s designee; 10 (c) Parents and legal guardians of pupils enrolled in public 11 schools in the school district; 12 (d) Teachers and other educational personnel employed by the 13 school district, including, without limitation, school administrators; 14 (e) Representatives of organizations that represent teachers and 15 other educational personnel; 16 (f) Representatives of the community in which the school 17 district is located and representatives of businesses within the 18 community; and 19 (g) Such other members as the board of trustees determines are 20 necessary. 21 5. If a design team is created for a school district, the design 22 team shall: 23 (a) Recommend policies and procedures relating to 24 empowerment schools to the board of trustees of the school district; 25 and 26 (b) Advise the board of trustees on issues relating to 27 empowerment schools. 28 6. The board of trustees of a school district may accept gifts, 29 grants and donations from any source for the support of the 30 empowerment schools within the school district. 31 Sec. 35. NRS 391.282 is hereby amended to read as follows: 32 391.282 1. The jurisdiction of each school police officer of a 33 school district extends to all school property, buildings and facilities 34 within the school district and, if the board of trustees has entered 35 into a contract with a charter school for the provision of school 36 police officers pursuant to NRS 388A.384 [,] or provides school 37 police officers to a Department charter school pursuant to section 38 26 of this act, all property, buildings and facilities in which the 39 charter school is located, for the purpose of: 40 (a) Protecting school district personnel, pupils, or real or 41 personal property; or 42 (b) Cooperating with local law enforcement agencies in matters 43 relating to personnel, pupils or real or personal property of the 44 school district. 45 – 30 – - *SB224* 2. In addition to the jurisdiction set forth in subsection 1, a 1 school police officer of a school district has jurisdiction: 2 (a) Beyond the school property, buildings and facilities: 3 (1) When in hot pursuit of a person believed to have 4 committed a crime; or 5 (2) While investigating matters that originated within the 6 jurisdiction of the school police officer relating to personnel, pupils 7 or real or personal property of the school district; 8 (b) At activities or events sponsored by the school district that 9 are in a location other than the school property, buildings or 10 facilities within the school district; and 11 (c) On the streets that are adjacent to the school property, 12 buildings and facilities within the school district to enforce 13 violations of traffic laws and ordinances. 14 3. A law enforcement agency that is contacted for assistance by 15 a public school or private school which does not have school police 16 shall respond according to the protocol of the law enforcement 17 agency established for responding to calls for assistance from the 18 general public. 19 Sec. 36. NRS 392.128 is hereby amended to read as follows: 20 392.128 1. Each advisory board to review school attendance 21 created pursuant to NRS 392.126 shall: 22 (a) Review the records of the attendance and truancy of pupils 23 submitted to the advisory board to review school attendance by the 24 board of trustees of the school district, the Department or the State 25 Public Charter School Authority or a college or university within the 26 Nevada System of Higher Education or a city or county that 27 sponsors a charter school pursuant to subsection 3 of 28 NRS 385A.240; 29 (b) Identify factors that contribute to the truancy of pupils in the 30 school district; 31 (c) Establish programs to reduce the truancy of pupils in the 32 school district, including, without limitation, the coordination of 33 services available in the community to assist with the intervention, 34 diversion and discipline of pupils who are truant; 35 (d) At least annually, evaluate the effectiveness of those 36 programs; 37 (e) Establish a procedure for schools and school districts for the 38 reporting of the status of pupils as habitual truants; and 39 (f) Inform the parents and legal guardians of the pupils who are 40 enrolled in the schools within the district of the policies and 41 procedures adopted pursuant to the provisions of this section. 42 2. The chair of an advisory board may divide the advisory 43 board into subcommittees. The advisory board may delegate one or 44 more of the duties of the advisory board to a subcommittee of the 45 – 31 – - *SB224* advisory board, including, without limitation, holding hearings 1 pursuant to NRS 392.147. If the chair of an advisory board divides 2 the advisory board into subcommittees, the chair shall notify the 3 board of trustees of the school district of this action. Upon receipt of 4 such a notice, the board of trustees shall establish rules and 5 procedures for each such subcommittee. A subcommittee shall abide 6 by the applicable rules and procedures when it takes action or makes 7 decisions. 8 3. An advisory board to review school attendance may work 9 with a family resource center or other provider of community 10 services to provide assistance to pupils who are truant. The advisory 11 board shall identify areas within the school district in which 12 community services are not available to assist pupils who are truant. 13 As used in this subsection, “family resource center” has the meaning 14 ascribed to it in NRS 430A.040. 15 4. An advisory board to review school attendance created in a 16 county pursuant to NRS 392.126 may use money appropriated by 17 the Legislature and any other money made available to the advisory 18 board for the use of programs to reduce the truancy of pupils in the 19 school district. The advisory board to review school attendance 20 shall, on a quarterly basis, provide to the board of trustees of the 21 school district an accounting of the money used by the advisory 22 board to review school attendance to reduce the truancy of pupils in 23 the school district. 24 Sec. 37. The preliminary chapter of NRS is hereby amended 25 by adding thereto a new section to read as follows: 26 Except as otherwise explicitly provided in a particular statute 27 or required by the context, “charter school” means any public 28 school that is formed pursuant to the provisions of chapter 388A 29 of NRS. 30 Sec. 38. NRS 280.287 is hereby amended to read as follows: 31 280.287 1. The department may enter into a contract with the 32 board of trustees of the school district located in the county served 33 by the department for the provision and supervision of police 34 services in the public schools within the school district and any 35 charter school with which the board of trustees has entered into a 36 contract for the provision of school police officers pursuant to NRS 37 388A.384 [,] or to which the board of trustees provides school 38 police officers pursuant to section 26 of this act, and on property 39 owned by the school district and, if applicable, on property owned 40 or operated by a charter school. If the department enters into a 41 contract pursuant to this section, the department shall create a 42 separate unit designated as the school police unit for this purpose. 43 – 32 – - *SB224* 2. The department may establish different qualifications and 1 training requirements for officers assigned to the school police unit 2 than those generally applicable to officers of the department. 3 Sec. 39. NRS 288.150 is hereby amended to read as follows: 4 288.150 1. Except as otherwise provided in subsection 6 and 5 NRS 354.6241, every local government employer shall negotiate in 6 good faith through one or more representatives of its own choosing 7 concerning the mandatory subjects of bargaining set forth in 8 subsection 2 with the designated representatives of the recognized 9 employee organization, if any, for each appropriate bargaining unit 10 among its employees. If either party so requests, agreements reached 11 must be reduced to writing. 12 2. The scope of mandatory bargaining is limited to: 13 (a) Salary or wage rates or other forms of direct monetary 14 compensation. 15 (b) Sick leave. 16 (c) Vacation leave. 17 (d) Holidays. 18 (e) Other paid or nonpaid leaves of absence. 19 (f) Insurance benefits. 20 (g) Total hours of work required of an employee on each 21 workday or workweek. 22 (h) Total number of days’ work required of an employee in a 23 work year. 24 (i) Except as otherwise provided in subsections 8 , [and] 11 [,] 25 and 12, discharge and disciplinary procedures. 26 (j) Recognition clause. 27 (k) The method used to classify employees in the bargaining 28 unit. 29 (l) Deduction of dues for the recognized employee organization. 30 (m) Protection of employees in the bargaining unit from 31 discrimination because of participation in recognized employee 32 organizations consistent with the provisions of this chapter. 33 (n) No-strike provisions consistent with the provisions of this 34 chapter. 35 (o) Grievance and arbitration procedures for resolution of 36 disputes relating to interpretation or application of collective 37 bargaining agreements. 38 (p) General savings clauses. 39 (q) Duration of collective bargaining agreements. 40 (r) Safety of the employee. 41 (s) Teacher preparation time. 42 (t) Materials and supplies for classrooms. 43 (u) Except as otherwise provided in subsections 9 , [and] 11 [,] 44 and 12 the policies for the transfer and reassignment of teachers. 45 – 33 – - *SB224* (v) Procedures for reduction in workforce consistent with the 1 provisions of this chapter. 2 (w) Procedures consistent with the provisions of subsection 6 3 for the reopening of collective bargaining agreements for additional, 4 further, new or supplementary negotiations during periods of fiscal 5 emergency. 6 3. Those subject matters which are not within the scope of 7 mandatory bargaining and which are reserved to the local 8 government employer without negotiation include: 9 (a) Except as otherwise provided in paragraph (u) of subsection 10 2, the right to hire, direct, assign or transfer an employee, but 11 excluding the right to assign or transfer an employee as a form of 12 discipline. 13 (b) The right to reduce in force or lay off any employee because 14 of lack of work or lack of money, subject to paragraph (v) of 15 subsection 2. 16 (c) The right to determine: 17 (1) Appropriate staffing levels and work performance 18 standards, except for safety considerations; 19 (2) The content of the workday, including, without 20 limitation, workload factors, except for safety considerations; 21 (3) The quality and quantity of services to be offered to the 22 public; and 23 (4) The means and methods of offering those services. 24 (d) Safety of the public. 25 4. The provisions of NRS 245.063, 268.4069 and 391.1605 are 26 not subject to negotiations with an employee organization. Any 27 provision of a collective bargaining agreement negotiated pursuant 28 to this chapter which differs from or conflicts in any way with the 29 provisions of NRS 245.063, 268.4069 or 391.1605 is unenforceable 30 and void. 31 5. If the local government employer is a school district, any 32 money appropriated by the State to carry out increases in salaries or 33 benefits for the employees of the school district is subject to 34 negotiations with an employee organization. 35 6. Notwithstanding the provisions of any collective bargaining 36 agreement negotiated pursuant to this chapter, a local government 37 employer is entitled to: 38 (a) Reopen a collective bargaining agreement for additional, 39 further, new or supplementary negotiations relating to compensation 40 or monetary benefits during a period of fiscal emergency. 41 Negotiations must begin not later than 21 days after the local 42 government employer notifies the employee organization that a 43 fiscal emergency exists. For the purposes of this section, a fiscal 44 emergency shall be deemed to exist: 45 – 34 – - *SB224* (1) If the amount of revenue received by the general fund of 1 the local government employer during the last preceding fiscal year 2 from all sources, except any nonrecurring source, declined by 5 3 percent or more from the amount of revenue received by the general 4 fund from all sources, except any nonrecurring source, during the 5 next preceding fiscal year, as reflected in the reports of the annual 6 audits conducted for those fiscal years for the local government 7 employer pursuant to NRS 354.624; or 8 (2) If the local government employer has budgeted an 9 unreserved ending fund balance in its general fund for the current 10 fiscal year in an amount equal to 4 percent or less of the actual 11 expenditures from the general fund for the last preceding fiscal year, 12 and the local government employer has provided a written 13 explanation of the budgeted ending fund balance to the Department 14 of Taxation that includes the reason for the ending fund balance and 15 the manner in which the local government employer plans to 16 increase the ending fund balance. 17 (b) Take whatever actions may be necessary to carry out its 18 responsibilities in situations of emergency such as a riot, military 19 action, natural disaster or civil disorder. Those actions may include 20 the suspension of any collective bargaining agreement for the 21 duration of the emergency. 22 Any action taken under the provisions of this subsection must not 23 be construed as a failure to negotiate in good faith. 24 7. The provisions of this chapter, including, without limitation, 25 the provisions of this section, recognize and declare the ultimate 26 right and responsibility of the local government employer to manage 27 its operation in the most efficient manner consistent with the best 28 interests of all its citizens, its taxpayers and its employees. 29 8. If the sponsor of a charter school reconstitutes the governing 30 body of a charter school pursuant to NRS 388A.330, the new 31 governing body may terminate the employment of any teachers or 32 other employees of the charter school, and any provision of any 33 agreement negotiated pursuant to this chapter that provides 34 otherwise is unenforceable and void. 35 9. The board of trustees of a school district in which a school is 36 designated as a turnaround school pursuant to NRS 388G.400 or the 37 principal of such a school, as applicable, may take any action 38 authorized pursuant to NRS 388G.400, including, without 39 limitation: 40 (a) Reassigning any member of the staff of such a school; or 41 (b) If the staff member of another public school consents, 42 reassigning that member of the staff of the other public school to 43 such a school. 44 – 35 – - *SB224* 10. Any provision of an agreement negotiated pursuant to this 1 chapter which differs from or conflicts in any way with the 2 provisions of subsection 9 or imposes consequences on the board of 3 trustees of a school district or the principal of a school for taking 4 any action authorized pursuant to subsection 9 is unenforceable and 5 void. 6 11. The board of trustees of a school district or the governing 7 body of a charter school or university school for profoundly gifted 8 pupils may use a substantiated report of the abuse or neglect of a 9 child or a violation of NRS 201.540, 201.553, 201.560, 392.4633 or 10 394.366 obtained from the Statewide Central Registry for the 11 Collection of Information Concerning the Abuse or Neglect of a 12 Child established by NRS 432.100 or an equivalent registry 13 maintained by a governmental agency in another jurisdiction for the 14 purposes authorized by NRS 388A.515, 388C.200, 391.033, 15 391.104 or 391.281, as applicable. Such purposes may include, 16 without limitation, making a determination concerning the 17 assignment, discipline or termination of an employee. Any provision 18 of any agreement negotiated pursuant to this chapter which conflicts 19 with the provisions of this subsection is unenforceable and void. 20 12. The board of trustees of a school district may terminate 21 the employment of or reassign any member of the staff of a school 22 that is converted to a Department charter school pursuant to 23 sections 15 to 27, inclusive, of this act and any provision of any 24 agreement negotiated pursuant to this chapter which provides 25 otherwise is unenforceable and void. 26 13. This section does not preclude, but this chapter does not 27 require, the local government employer to negotiate subject matters 28 enumerated in subsection 3 which are outside the scope of 29 mandatory bargaining. The local government employer shall discuss 30 subject matters outside the scope of mandatory bargaining but it is 31 not required to negotiate those matters. 32 [13.] 14. Contract provisions presently existing in signed and 33 ratified agreements as of May 15, 1975, at 12 p.m. remain 34 negotiable. 35 [14.] 15. As used in this section [, “abuse] : 36 (a) “Abuse or neglect of a child” has the meaning ascribed to it 37 in NRS 392.281. 38 (b) “Department charter school” has the meaning ascribed to 39 it in NRS 385.007. 40 Sec. 40. The provisions of section 20 of this act apply to any 41 public school regardless of any other designations or programs to 42 which the school may already be included. 43 Sec. 41. The provisions of NRS 288.150, as amended by 44 section 39 of this act: 45 – 36 – - *SB224* 1. Apply to any collective bargaining agreement entered into, 1 extended or renewed on or after July 1, 2026, and any provision of 2 the agreement that is in conflict with that section, as amended, is 3 void. 4 2. Do not apply to any collective bargaining agreement entered 5 into before July 1, 2026, during the current term of the agreement. 6 Sec. 42. The provisions of subsection 1 of NRS 218D.380 do 7 not apply to any provision of this act which adds or revises a 8 requirement to submit a report to the Legislature. 9 Sec. 43. The provisions of NRS 354.599 do not apply to any 10 additional expenses of a local government that are related to the 11 provisions of this act. 12 Sec. 44. 1. This section becomes effective upon passage and 13 approval. 14 2. Sections 1 to 43, inclusive, of this act become effective: 15 (a) Upon passage and approval for the purpose of adopting any 16 regulations and performing any other preparatory administrative 17 tasks that are necessary to carry out the provisions of this act; and 18 (b) On July 1, 2026, for all other purposes. 19 H