Charter School Financing Law

Nevada · Charter Schools · §§ 388A.010 to 388A.740 · 172 sections

Overview

The Charter School Financing Law governs the formation, sponsorship, and oversight of charter schools in Nevada, setting the terms under which they may be created and operated — barring conversion of existing public schools or homeschools, prohibiting religious affiliation and for-profit operation, and defining charter schools' legal status as political subdivisions and their sponsors as local educational agencies. It creates the State Public Charter School Authority, an appointed body with a chair, staff, an executive director, and a dedicated account, and assigns it responsibility for approving and reviewing entities that sponsor charter schools, adopting regulations, managing charter school growth, and collecting and reporting data on pupil achievement and school performance. Sponsors are charged with corresponding duties, including establishing governance standards and training, providing information and assistance to the schools they authorize, and facing revocation of their sponsorship authority for cause.

Editorial summary generated from the text of this act. It is not part of the statute — read the sections below for the operative language.

In the courts

Sections of this act have been cited in 2 court decisions.

Most-cited authority: 371 FSUPP3D 836 - Argent Preparatory Acad. v. Phila. Indem. Ins. Co.

Sections covered

NRS 388A.010Definitions
NRS 388A.015“Charter contract” defined
NRS 388A.020“Charter management organization” defined
NRS 388A.030“Educational management organization” defined
NRS 388A.035“Executive Director” defined
NRS 388A.040“Performance framework” defined
NRS 388A.045“Pupil ‘at risk’ ” defined
NRS 388A.050“State Public Charter School Authority” defined
NRS 388A.075Legislative declaration concerning formation of charter schools
NRS 388A.080No authority to convert public school or homeschool to charter school
NRS 388A.085Provisions governing formation and operation of charter schools
NRS 388A.087Charter school deemed to be political subdivision of State for certain purposes
NRS 388A.088Certain sponsors of charter schools deemed local educational agency for all purposes
NRS 388A.090Support by or affiliation with religion or religious organization prohibited
NRS 388A.095Operation for profit prohibited; incorporation as nonprofit corporation authorized
NRS 388A.097Required actions before submitting application for grant which may result in distribution of money to charter school or sponsor of charter school
NRS 388A.100Department and school district to maintain and provide certain information concerning charter schools; request for additional information from charter school by Department
NRS 388A.105Required regulations of Department
NRS 388A.110Authorized regulations of Department
NRS 388A.150Creation; purpose1 cite
NRS 388A.153Appointment and qualifications of members; terms; vacancies; selection of Chair and Vice Chair; compensation, allowances and travel expenses. [Effective through June 30, 2026.]
NRS 388A.155Required training
NRS 388A.156Meetings; quorum
NRS 388A.159Authority deemed local educational agency for all purposes
NRS 388A.162Account for the State Public Charter School Authority: Creation; use of money in Account; acceptance of gifts, grants and bequests; prohibition against accepting gift or donation from charter management organization, committee to form charter school or governing body
NRS 388A.165Contracts with persons regarding charter schools
NRS 388A.167Plan to manage growth of charter schools
NRS 388A.168Regulations
NRS 388A.171Review of statutes and regulations; recommendations concerning legislation and changes to regulations; duty to make certain information concerning charter schools available
NRS 388A.190Executive Director: Appointment; unclassified service; eligibility
NRS 388A.193Executive Director: Authorization to pursue other employment or hold other office for profit with approval of Authority
NRS 388A.196Executive Director: Duties
NRS 388A.199Employment and qualifications of staff; periodic evaluations
NRS 388A.220Application to sponsor charter schools; preparation of evaluation of academic needs of pupils in geographic area served by sponsor. [Effective through June 30, 2026.]
NRS 388A.223Duties and powers of sponsor; development of policies and practices; grounds for revocation of sponsorship; no private right of action against sponsor
NRS 388A.224Duty to establish standards and provide training regarding governance of charter schools
NRS 388A.225Duty to notify Department and board of trustees of school district in certain circumstances relating to new or existing charter schools
NRS 388A.226Duty to provide information and assistance; provision of additional services by district-sponsored charter schools; availability of summer school and Internet-based classes for certain charter school pupils
NRS 388A.229Duty to collect, analyze and report data; aggregation and disaggregation of data for purpose of evaluating and reporting pupil achievement and school performance; adoption of policies for determining pupil achievement and school performance; regulations
NRS 388A.230Review of sponsor; determination regarding continuation or revocation of authorization to sponsor charter school
NRS 388A.231Change of sponsor
NRS 388A.240Membership of committee to form charter school
NRS 388A.243Duties of applicant to ensure application meets certain requirements; charter management organization authorized to request waiver of requirements concerning membership of governing body
NRS 388A.246Contents of application
NRS 388A.247Information provided to sponsor of charter school by charter management organization, committee to form charter school or charter school is public record; authority to declare certain information confidential
NRS 388A.249Submission of application to proposed sponsor; review of application by proposed sponsor; criteria for approval of application; confidentiality of identity of reviewers; biennial report by Superintendent of Public Instruction concerning status of applications
NRS 388A.252Review of application received by board of trustees of school district, college or university within Nevada System of Higher Education or city or county; written notice of approval or denial; opportunity to correct deficiencies; written request for sponsorship by State Public Charter School Authority if resubmitted application denied
NRS 388A.255Review of application received by State Public Charter School Authority; consideration of application at public meeting; written notice of approval or denial; opportunity to correct deficiencies; appeal of denial
NRS 388A.256Board of trustees of school district in which proposed charter school is to be located authorized to object to formation of charter school; notice of objection; State Public Charter School Authority authorized to make affirmative findings concerning objection
NRS 388A.258Regulations and policies establishing times and procedures for review of applications
NRS 388A.270Charter contract upon approval of application; notice to Department; determination of sponsor
NRS 388A.273Adoption of performance framework and incorporation into charter contract; establishment of annual performance goals; revision upon renewal of charter contract
NRS 388A.274Application to be rated using alternative performance framework; sponsor of charter school authorized to require charter school to take certain actions; evaluation of application; proposed sponsor to include certain language in charter contract upon approval
NRS 388A.275Charter contract not assignable or transferable; charter contract may not be used as security for loan
NRS 388A.276Amendment of charter contract
NRS 388A.279Amendment of charter contract: Public hearing; approval of sponsor required; when request required to be denied
NRS 388A.282Consolidation of operations of two or more charter schools
NRS 388A.285Renewal of charter contract: Performance report by sponsor; application; criteria for review by sponsor; notice to applicant; term of renewal
NRS 388A.300Termination of charter contract or restart of charter school by sponsor: Grounds for termination or restart without adherence to procedural standards based upon ratings of charter school as underperforming; submission of written report to Department; regulations governing restart of charter school; exceptions. [Effective through September 30, 2027.]
NRS 388A.303Sponsor authorized to take certain action upon termination of charter contract; sponsor to make certain considerations before selecting governing body to operate additional campus of existing charter school
NRS 388A.306Closure of charter school; duties of governing body; written notice; written plan for closure; financial affairs of charter school; appointment, duties and financial compensation of trustee
NRS 388A.320Membership and qualifications; waiver; disclosure of conflicts of interest; powers; duty to hold public meeting on quarterly basis; authorization to set salary for attendance at meetings
NRS 388A.323Fingerprinting of members; removal of member convicted of certain crimes
NRS 388A.330Reconstitution of governing body of charter school or termination of charter contract by sponsor: Grounds; written notice; opportunity to correct deficiencies; public hearing; notice to Department; limitation on reconstitution; continued operation and limited enrollment under certain circumstances1 cite
NRS 388A.333Appointment of new members; review of employees and hiring of new employees
NRS 388A.336Parents of pupils to interview certain governing bodies and cast advisory vote for preferred governing body; priority enrollment for pupils who were enrolled in charter school whose charter contract was terminated
NRS 388A.345Annual reports of budget required; compilation of reports by Superintendent of Public Instruction
NRS 388A.348Submission of accountability information to sponsor of charter school
NRS 388A.351Annual report by sponsor of charter school
NRS 388A.3515Annual submission of report of certain information on charter school by city or county sponsoring such a school
NRS 388A.352Annual posting of certain information regarding charter management organizations and educational management organizations by governing body of charter school on Internet website
NRS 388A.353Biennial reports of amounts paid to educational management organizations
NRS 388A.354Disclosure of information relating to charter management organizations and educational management organizations; reports
NRS 388A.355Annual report of corrective actions taken by sponsor of charter school
NRS 388A.360Requirements of facility before commencement of operation
NRS 388A.363Notification to primary law enforcement agency regarding location of charter school
NRS 388A.366Requirement to comply with certain laws; prohibited tuition and fees; days of instruction; administration of examinations; use of public money; indemnification of sponsor; notice of accreditation; adoption of budget; programs of distance education
NRS 388A.367Written notice to parent or legal guardian of pupils enrolled in a charter school in certain circumstances; public hearing to discuss plan to correct certain issues and solicit suggestions to improve performance of school
NRS 388A.369Interference by school district with operation and management prohibited
NRS 388A.378Authorization to contract with school district for services and facilities; limitation on amount charged by school district for provision of services; donation of surplus property of school district; authorization to acquire or purchase buildings, structures or property and engage in certain financial transactions
NRS 388A.381Authorization to contract with sponsor of charter school for certain services; annual service agreement; sponsor required to provide itemized accounting of cost of services; annual reconciliation of difference; request for independent review by Department
NRS 388A.384Contract for provision of school police officers by school district upon request of governing body; contract requirements; immunity from liability of school district that provides school police officers; required training for school police officers
NRS 388A.393Prohibited provisions of contracts with contractors or educational management organizations
NRS 388A.3932Expedited review of application to become qualified provider of alternative route to licensure program authorized in certain circumstances; request for waiver of certain requirements; review and approval or denial of application to become qualified provider
NRS 388A.3934Requirements to request establishment of experimental academic program or new school model in school; limitations on enrollment in such program or model; authority to seek expansion if program or model receives high rating of performance
NRS 388A.3936Authorization to award money for transportation of pupils; transportation plan required; criteria for approval of plan
NRS 388A.3938Governing body of charter school to enter memorandum of understanding with certain organizations to assist victims of power-based violence
NRS 388A.395Applicability
NRS 388A.3955Persons authorized to file written complaint with State Public Charter School Authority alleging certain violations; investigation of allegations
NRS 388A.396Certain persons authorized to file complaint with Department or appropriate agency; persons who have evidence of commission of crime required to file complaint with law enforcement agency
NRS 388A.3965Persons authorized to file complaint directly with State Public Charter School Authority when person has evidence that charter school engaged in certain behavior; investigation of complaints; written response to complaining party
NRS 388A.397Selection of investigator to conduct certain investigations and make determinations or recommendations; petition for order directing charter school to reimburse State Public Charter School Authority for cost of investigation if violation determined to have occurred; authorized actions upon determination of violation of law or breach of terms and conditions of charter contract; order for charter school to suspend operations under certain circumstances
NRS 388A.3975Governing body required to develop policy for accepting, investigating and responding to complaints; submission and approval of policy by State Public Charter School Authority
NRS 388A.405Eligibility for available money from Department for facilities for charter schools that meet certain conditions; requirements for performance audit; exemption from annual performance audit; quarterly financial report
NRS 388A.408Solicitation or acceptance of gifts or money from charter school by member of board of trustees or employee of school district prohibited; exception; penalty
NRS 388A.411Count of pupils for apportionment; deposit of money; solicitation and acceptance of donations and grants
NRS 388A.414Payment of quarterly sponsorship fee to sponsor; request by charter school for reduction in amount of sponsorship fee
NRS 388A.417Distribution of money to charter school in first year of operation; payment of remaining apportionments upon cessation of operation
NRS 388A.420Orders for payment of money; limitations
NRS 388A.423Bankruptcy: Disposition of property; immunity of State and sponsor from liability
NRS 388A.432Creation; investment; credit of interest and income; deposit of money; payment of claims; acceptance of gifts and grants
NRS 388A.435Authorized uses of money in Account; limitation on amount of loans
NRS 388A.438Application for loan; requirements of contract for loan; regulations
NRS 388A.450School that is accepting applications, expanding enrollment or opening a new facility to provide notice about enrollment process to households located within certain distance from school; language used in notice; alternative plan to inform households for certain smaller schools; revision of timeline for notice
NRS 388A.453Application for admission; determination of enrollment; timeline for lottery; discrimination prohibited; exception for charter school that provides education for certain pupils
NRS 388A.456Priority enrollment for certain children; timeline for lottery; school districts required to create, maintain and post list regarding enrollment
NRS 388A.459Weighted lottery for enrollment authorized in certain counties to improve diversity; certain counties with high enrollment in charter schools to establish uniform enrollment calendar and process for enrolling pupils
NRS 388A.462Prohibition on charter school sponsored by school district enrolling pupils outside district in program of distance education
NRS 388A.471Participation in class or extracurricular activity by pupil enrolled in another school or homeschooled child
NRS 388A.474Board of trustees required to allow pupil to participate in class or activity of school district in which pupil resides in certain circumstances; revocation of approval
NRS 388A.478Transfer of credit to other public school
NRS 388A.487Adoption of rules for providing intervention services and intensive instruction. [Effective through June 30, 2028.]
NRS 388A.489Identification of and development of plan for homeless and unaccompanied pupils and pupils in foster care
NRS 388A.490Issuance of high school diploma; approval of form for diploma by Department
NRS 388A.495Adoption and distribution of rules of behavior and punishments; requirement for suspension or expulsion of pupil to be consistent with such requirements for public schools; procedure for suspension or expulsion of pupils; adoption of rules for truancy
NRS 388A.500Definitions
NRS 388A.505“Unsupervised contact” defined
NRS 388A.510“Volunteer” defined
NRS 388A.515Fingerprinting and investigation into the background of nonlicensed applicants for employment, employees and volunteers; use of certain information; disqualification of certain applicants, employees and volunteers; acceptance of gifts, grants and donations; immunity from liability
NRS 388A.516Conditions under which volunteer not required to submit fingerprints
NRS 388A.518Employment of teachers with certain qualifications required for certain instruction; qualifications of teachers who teach special education or English as second language. [Effective through June 30, 2028.]
NRS 388A.521Qualifications and employment of administrators; limitation on salaries of administrators
NRS 388A.524Prohibition against employing person whose license has been suspended or revoked; submission of information concerning licensed employees to Department
NRS 388A.527Certain paraprofessionals required to possess qualifications prescribed by State Public Charter School Authority
NRS 388A.530Leave of absence from school district to accept employment with charter school
NRS 388A.533Employees deemed to be public employees; terms and conditions of employment; transfer of employment records with school district to governing body
NRS 388A.5332“Arrest” defined
NRS 388A.5334Adoption of regulations to establish procedure for notification, tracking and monitoring the status of criminal cases; maintenance of file on employee; fees for tracking and monitoring status of case
NRS 388A.5336Adoption of policy by governing body requiring unlicensed employees to report arrests for or convictions of a crime; contents of policy
NRS 388A.5338Timely submission of information by charter school
NRS 388A.5340Immunity from liability for certain persons involved in making report, conducting investigation or submitting information concerning arrest
NRS 388A.5342Termination of employment upon conviction of certain crimes
NRS 388A.535Reassignment of licensed employees within school district upon termination of charter contract or cessation of operation; exceptions
NRS 388A.538Governing body required to transmit employment record to school district upon request of board of trustees; investigation into misconduct during leave of absence
NRS 388A.541Eligibility for benefits of licensed employee on leave of absence; time on leave of absence does not count toward permanent status
NRS 388A.544Determination of appropriate level of contribution toward retirement benefits; participation in plan of group insurance
NRS 388A.547Charter school required to designate employee authorized to administer auto-injectable epinephrine or opioid antagonist; training for proper storage and administration
NRS 388A.550Short title
NRS 388A.555Definitions
NRS 388A.560“Bond” and “revenue bond” defined
NRS 388A.565“Cost of the project” defined
NRS 388A.570“Director of the Department of Business and Industry” defined
NRS 388A.575“Expense of operation and maintenance” defined
NRS 388A.580“Finance” and “financing” defined
NRS 388A.585“Financing agreement” defined
NRS 388A.590“Mortgage” defined
NRS 388A.595“Obligor” defined
NRS 388A.600“Project” defined
NRS 388A.605“Revenues” defined
NRS 388A.620Declaration of legislative intent
NRS 388A.625Limitation of actions
NRS 388A.630Faith of State pledged against repeal, amendment or modification of NRS 388A.550
NRS 388A.635Sufficiency of NRS 388A.550
NRS 388A.640Regulations
NRS 388A.650Findings of Director of Department of Business and Industry; approval of findings by State Board of Finance
NRS 388A.655Additional considerations by Director of Department of Business and Industry and State Board of Finance; regulations of Director of Department of Business and Industry
NRS 388A.660Limitation on amount and purpose of financing; establishment of and compliance with guidelines for financing project
NRS 388A.670Special obligations of State
NRS 388A.675Form and terms; sale; employment of financial and legal consultants authorized as incidental expense to project
NRS 388A.680Security
NRS 388A.685Refunding
NRS 388A.690Exemption from taxation; exceptions
NRS 388A.695General power of Director of Department of Business and Industry to issue bonds
NRS 388A.700Definitions
NRS 388A.705“Charter school for distance education” defined
NRS 388A.710“Course of distance education” defined
NRS 388A.715“Distance education” defined
NRS 388A.720“Program of distance education” defined
NRS 388A.725Application to operate; authorization; standard charter contract; contents
NRS 388A.730Consideration of information relating to pupil’s progress for purposes of collecting information on attendance, truancy and transiency of pupils
NRS 388A.735State Public Charter School Authority deemed local educational agency for schools sponsored by Authority; exception
NRS 388A.740Regulations

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