Read the full stored bill text
- 83rd Session (2025)
Assembly Bill No. 39–Committee on Education
CHAPTER..........
AN ACT relating to charter schools; revising provisions governing
the membership of the State Public Charter School Authority;
revising provisions establishing the local educational agency
that is responsible for performing certain functions with
respect to charter schools; clarifying requirements for certain
information to be included in an application to renew the
charter contract of a ch arter school; and providing other
matters properly relating thereto.
Legislative Counsel’s Digest:
Existing law creates the State Public Charter School Authority for the purpose
of, among other duties: (1) sponsoring charter schools; and (2) providing ove rsight
to the charter schools it sponsors. (NRS 388A.150) Existing law further establishes
that the Authority consists of nine members, the manner of appointing those
members and the qualifications of those members. (NRS 388A.153) Section 1 of
this bill provides that the nine members appointed under existing law are the voting
members of the Authority and that the voting members must be at least 21 years of
age. Section 1 also establishes the requirements governing the members of the
Authority that apply to all members, including voting and nonvoting members, and
the requirements that apply only to voting members. Section 2 of this bill makes a
conforming change to clarify that only voting members of the Authority are
required to complete certain training re quired by existing law. (NRS 388A.155)
Section 3 of this bill makes a conforming change to clarify that a majority of the
voting members, rather than all members: (1) is authorized to call a meeting of the
Authority; and (2) constitutes a quorum to enable the Authority to exercise its
power and authority. (NRS 388A.156)
Under existing law, the number of members of the Authority who may be
teachers or administrators employed by a charter school or charter management
organization in this State is limited to two members. (NRS 388A.153) Section 1
revises the qualifications for a teacher or administrator employed by a charter
school or charter management organization to be eligible to serve as a member of
the Authority by: (1) removing the requirement that the c harter school or charter
management organization employing the teacher or administrator must not have
ever received an annual rating established as one of the three lowest ratings of
performance pursuant to the statewide system of accountability for public schools;
and (2) instead, requiring that the charter school at which the teacher or
administrator is employed must be in good standing according to the performance
framework set forth in its charter contract.
Existing law prohibits a member of the Author ity, other than a member who is
a teacher or administrator employed by a charter school or charter management
organization, from being actively engaged in business with or holding certain
interests relating to charter schools. (NRS 388A.153) Under existing law, a charter
school is defined as a charter school organized under the laws of this State. (NRS
385.007) Section 1 provides that the prohibition against a member of the Authority
being actively engaged in business with or holding certain interests relating to
charter schools includes, without limitation, such an engagement in business or
interest in: (1) an educational management organization providing support or
operations to a charter school; or (2) a charter management organization operating a
charter school.
– 2 –
- 83rd Session (2025)
Existing law deems the Authority to be a local educational agency that is
responsible under state and federal law for: (1) providing a free and appropriate
public education to each pupil enrolled in a charter school sponsored by the
Authority; (2) the provision of special education and related services by a charter
school; and (3) directing money available from certain federal and state grant
programs to charter schools sponsored by the Authority, a college or university
within the Nevada Sy stem of Higher Education or a city or county. (NRS
388A.159) Section 4 of this bill removes the requirement for a college or university
within the System, or a city or county, that sponsors a charter school to enter into
an agreement with the Authority for the provision of any necessary functions of a
local educational agency. Instead, section 4 deems a college or university within
the System, or a city or county, to be a local educational agency, thereby making
the college or university, or city or county, responsible for performing the functions
of a local educational agency under state and federal law for the charter schools it
sponsors.
Under existing law, the governing body of a charter school seeking to renew its
charter contract is required to submit an application for renewal to the sponsor of
the charter school on or before October 15 of the final school year in which the
charter school is authorized to operate. Existing law requires the application for
renewal to include, without limitation, any in formation or data that: (1) the
governing body of the charter school determines supports the renewal of the charter
contract; and (2) is in addition to the information contained in the required
performance report previously submitted to the governing body by the sponsor and
any written response to that report. (NRS 388A.285) Section 5 of this bill clarifies
that any information or data to support the renewal of the charter contract is
information or data other than the previously submitted performance repor t and any
written response to that report.
EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 388A.153 is hereby amended to read as
follows:
388A.153 1. The State Public Charter School Authority
consists of nine voting members. The voting membership of the
State Public Charter School Authority consists of:
(a) Two members appointed by the Governor in accordance with
subsection 2;
(b) Two members, who must not be Legislators, appointed by
the Majority Leader of the Senate in accordance with subsection 2;
(c) Two members, who must not be Legislators, appointed by
the Speaker of the Assembly in accordance with subsection 2;
(d) Two members appointed by the State Board of Education;
and
(e) One member appointed by the Charter School Association of
Nevada or its successor organization.
– 3 –
- 83rd Session (2025)
2. The Governor, the Majority Leader of the Senate, the
Speaker of the Assembly and the State Board of Education shall
ensure that the voting membership of the State Public Charter
School Authority:
(a) Includes persons with a demonstrated understanding of
charter schools and a commitment to using charter schools as a way
to strengthen public education in this State;
(b) Includes a parent or legal guardian of a pupil enrolled in a
charter school in this State;
(c) Includes persons with specific knowledge of:
(1) Issues relating to elementary and secondary education;
(2) School finance or accounting, or both;
(3) Management practices;
(4) Assessments required in elementary and seco ndary
education;
(5) Educational technology; and
(6) The laws and regulations applicable to charter schools;
(d) Insofar as practicable, reflects the ethnic and geographical
diversity of this State; and
(e) Insofar as practicable, consists of persons who are experts on
best practices for authorizing charter schools and developing and
operating high -quality charter schools and charter management
organizations.
3. Each member of the State Public Charter School Authority
must be a resident of this Stat e. Each voting member of the State
Public Charter School Authority must be at least 21 years of age.
4. Except as otherwise provided in subsection 5, a member of
the State Public Charter School Authority must not be actively
engaged in business with or h old a direct pecuniary interest relating
to charter schools, including, without limitation, serving as a vendor,
contractor, employee, officer, director or member of the governing
body of a charter school , an educational management organization
providing support or operations to a charter school or a charter
management organization [.] operating a charter school.
5. Not more than two members of the State Public Charter
School Authority may be teachers or administrators who are
employed by a charter school or charter management organization in
this State. For a teacher or administrator employed by a charter
school or charter management organization to be eligible to serve as
a member of the State Public Charter School Authority [, the] :
(a) The charter school [or charter management organization ]
which employs the teacher or administrator must [not have ever
received an annual rating established as one of the three lowest
– 4 –
- 83rd Session (2025)
ratings of performance pursuant to the statewide system of
accountability for public schools.] be in good standing according to
the performance framework set forth in its charter contract
pursuant to NRS 388A.270; or
(b) If the teacher or administrator is employed by a charter
management organization, the charter school at which the teacher
or administrator is employed must be in good standing according
to the performance framework set forth in its charter contract
pursuant to NRS 388A.270.
6. After the initial terms, the term of each member of the State
Public Charter Scho ol Authority is 3 years, commencing on July 1
of the year in which he or she is appointed. A vacancy in the
membership of the State Public Charter School Authority must be
filled for the remainder of the unexpired term in the same manner as
the original ap pointment. A member shall continue to serve on the
State Public Charter School Authority until his or her successor is
appointed.
7. The voting members of the State Public Charter School
Authority shall select a Chair and Vice Chair from among [its] the
voting members. After the initial selection of those officers, each of
those officers holds the position for a term of 2 years commencing
on July 1 of each odd -numbered year. If a vacancy occurs in the
Chair or Vice Chair, the vacancy must be filled in the same manner
as the original selection for the remainder of the unexpired term.
8. Each voting member of the State Public Charter School
Authority is entitled to receive:
(a) For each day or portion of a day during which he or she
attends a meeting of the State Public Charter School Authority a
salary of not more than $80, as fixed by the State Public Charter
School Authority; and
(b) For each day or portion of a day during wh ich he or she
attends a meeting of the State Public Charter School Authority or is
otherwise engaged in the business of the State Public Charter School
Authority the per diem allowance and travel expenses provided for
state officers and employees generally.
Sec. 2. NRS 388A.155 is hereby amended to read as follows:
388A.155 Each voting member of the State Public Charter
School Authority must complete training:
1. At the time the voting member is appointed to the State
Public Charter School Authority, on the responsibilities of the
voting member and any framework used by the State Public Charter
School Authority in performing its duties; and
– 5 –
- 83rd Session (2025)
2. Each year, on the evaluation of applications to form charter
schools and the governance of charter schools.
Sec. 3. NRS 388A.156 is hereby amended to read as follows:
388A.156 1. The members of the State Public Charter School
Authority shall meet throughout the year at the times and places
specified by a call of the Chair or a majority of the voting members.
2. Five voting members of the State Public Charter School
Authority constitute a quorum, and a quorum may exercise all the
power and authority conferred on the State Public Charter School
Authority.
Sec. 4. NRS 388A.159 is hereby amended to read as follows:
388A.159 1. The State Public Chart er School Authority , a
college or university within the Nevada System of Higher
Education that sponsors a charter school or a city or county that
sponsors a charter school is hereby deemed a local educational
agency for all purposes [,] for any charter sc hool that it sponsors,
including, without limitation:
(a) The provision of a free and appropriate public education to
each pupil enrolled in a charter school ; [sponsored by the State
Public Charter School Authority;]
(b) The provision of special educati on and related services
provided by a charter school ; [sponsored by the State Public
Charter School Authority;] and
(c) Directing the proportionate share of any money available
from federal and state categorical grant programs to charter schools
[which are sponsored by the State Public Charter School Authority,
a college or university within the Nevada System of Higher
Education or a city or county ] that are eligible to receive such
money.
2. [A college or university within the Nevada System of Higher
Education or a city or county that sponsors a charter school shall
enter into an agreement with the State Public Charter School
Authority for the provision of any necessary functions of a local
educational agency.] A charter school that receives money purs uant
to such a grant program shall comply with any applicable reporting
requirements to receive the grant.
3. As used in this section, “local educational agency” has the
meaning ascribed to it in 20 U.S.C. § 7801(30)(A).
Sec. 5. NRS 388A.285 is hereby amended to read as follows:
388A.285 1. On or before June 30 immediately preceding the
final school year in which a charter school is authorized to operate
pursuant to its charter contract, the sponsor of the charter schoo l
shall submit to the governing body of the charter school a written
– 6 –
- 83rd Session (2025)
report summarizing the performance of the charter school and each
facility that constitutes the charter school during the term of the
charter contract, including, without limitation:
(a) A summary of the performance of the charter school based
upon the terms of the charter contract and the requirements of this
chapter;
(b) An identification of any deficiencies relating to the
performance of the charter school which the sponsor has determined
may result in nonrenewal of the charter contract if the deficiencies
remain uncorrected;
(c) Requirements for the application for renewal of the charter
contract submitted to the sponsor pursuant to subsection 3; and
(d) The criteria that the sponsor will apply in making a
determination on the application for renewal based upon the
performance framework for the charter school and the requirements
of this chapter. Such criteria must include, without limitation, the
performance indicators, measur es and metrics included in the
performance framework.
2. The governing body of a charter school may submit a
written response to the sponsor of the charter school concerning the
performance report prepared by the sponsor pursuant to subsection
1, which m ay include any revisions or clarifications that the
governing body seeks to make to the report.
3. If a charter school seeks to renew its charter contract, the
governing body of the charter school shall submit an application for
renewal to the sponsor of the charter school on or before October 15
of the final school year in which the charter school is authorized to
operate pursuant to its charter contract. The application for renewal
must include, without limitation:
(a) The requirements for the applicat ion identified by the
sponsor in the performance report prepared by the sponsor pursuant
to subsection 1;
(b) A description of the academic, financial and organizational
vision and plans for the charter school for the next charter term;
(c) Any informati on or data that the governing body of the
charter school determines supports the renewal of the charter
contract [in addition to] other than the information contained in the
performance report prepared by the sponsor pursuant to subsection 1
and any respon se submitted by the governing body pursuant to
subsection 2; and
(d) A description of any improvements to the charter school
already undertaken or planned.
– 7 –
- 83rd Session (2025)
4. The sponsor of a charter school shall consider the
application for renewal of the charter contract at a meeting held in
accordance with chapter 241 of NRS. The sponsor shall provide
written notice to the governing body of the charter school
concerning its determination on the application for renewal of the
charter contract not more than 60 days after receipt of the
application for renewal from the governing body. The determination
of the sponsor must be based upon:
(a) The criteria of the sponsor for the renewal of charter
contracts; and
(b) Evidence of the performance of the charter school during the
term of the charter contract in accordance with the performance
framework for the charter school.
5. The sponsor of the charter school shall:
(a) Make available to the governing body of the charter school
the data used in making the renewal decision; and
(b) Post a report on the Internet website of the sponsor
summarizing the decision of the sponsor on the application for
renewal and the basis for its decision.
6. A charter contract may be renewed for a term of not less
than 3 years or more than 10 years.
Sec. 6. The provisions of NRS 354.599 do not apply to any
additional expenses of a local government that are related to the
provisions of this act.
Sec. 7. This act becomes effective upon passage and approval.
20 ~~~~~ 25