AB495 - Revises provisions relating to charter schools. (BDR 34-757)

(Reprinted with amendments adopted on May 19, 2025) SECOND REPRINT A.B. 495 - *AB495_R2* ASSEMBLY BILL NO. 495–COMMITTEE ON EDUCATION MARCH 24, 2025 ____________ Referred to Committee on Education SUMMARY—Revises provisions relating to charter schools. (BDR 34-757) FISCAL NOTE: Effect on Local Government: No. Effect on the State: No. ~ EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted. AN ACT relating to charter schools; revising provisions governing the circumstances in which the sponsor of a charter school that receives certain performance ratings under the statewide system of accountability for public schools is required to terminate the charter contract of the charter school or restart the charter school under a new charter contract; temporarily providing that the sponsor of a charter school that receives certain performance ratings under the statewide system of accountability for public schools is not required to terminate the contract of the charter school or restart the charter school under a new charter contract if the charter school achieves certain ratings or increases a rating from the immediately preceding school year; and providing other matters properly relating thereto. Legislative Counsel’s Digest: Existing law requires each public school, including, without limitation, a 1 charter school, to be rated pursuant to the statewide system of accountability for 2 public schools. (NRS 385A.600) Existing law also requires the sponsor of a charter 3 school to terminate the charter contract or restart the charter school under a new 4 charter contract if the charter school receives certain ratings indicating 5 underperformance of the charter school in 3 years out of any 5 consecutive years. 6 (NRS 388A.300) Section 1 of this bill: (1) instead provides that the sponsor of a 7 charter school is required to terminate the charter contract or restart the charter 8 school under a new charter contract if the charter school receives certain ratings 9 indicating underperformance of the charter school in 3 consecutive years; and (2) 10 eliminates the prohibition on using the rating of a charter school issued for any 11 school year before the 2015-2016 school year for making such a determination. 12 – 2 – - *AB495_R2* Sections 1 and 1.5 of this bill also provide that, until October 1, 2027, the sponsor 13 of such a charter school is not required to terminate the charter contract or restart 14 the charter school under a new charter contract if, pursuant to the statewide system 15 of accountability for public schools, the charter school receives certain ratings or 16 increases a rating from the immediately preceding school year by a certain 17 percentage. 18 THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS: Section 1. NRS 388A.300 is hereby amended to read as 1 follows: 2 388A.300 1. Except as otherwise provided in [subsection] 3 subsections 5 and 6, subsection 3 of NRS 385A.720 and subsection 4 6 of NRS 388A.274, the sponsor of a charter school shall terminate 5 the charter contract of the charter school or restart the charter school 6 under a new charter contract if the charter school receives, in any 7 period of [5] 3 consecutive school years, three annual ratings 8 established as the lowest rating possible indicating 9 underperformance of a public school, as determined by the 10 Department pursuant to the statewide system of accountability for 11 public schools. 12 2. [A charter school’s annual rating pursuant to the statewide 13 system of accountability based upon the performance of the charter 14 school must not be included in the count of annual ratings for the 15 purposes of subsection 1 for any school year before the 2015-2016 16 school year. 17 3.] If a charter contract is terminated or a charter school is 18 restarted pursuant to subsection 1, the sponsor of the charter school 19 shall submit a written report to the Department and the governing 20 body of the charter school setting forth the reasons for the 21 termination or restart of the charter school not later than 10 days 22 after terminating the charter contract or restarting the charter school. 23 [4.] 3. The provisions of NRS 388A.330 do not apply to the 24 termination of a charter contract or restart of the charter school 25 pursuant to this section. 26 [5.] 4. The Department shall adopt regulations governing 27 procedures to restart a charter school under a new charter contract 28 pursuant to subsection 1. Such regulations must include, without 29 limitation, requiring a charter school that is restarted to enroll a 30 pupil who was enrolled in the charter school before the school was 31 restarted before any other eligible pupil is enrolled. 32 [6.] 5. If the sponsor of a charter school determines that not all 33 of the elementary, middle or high schools in or campuses of the 34 charter school meet the criteria described in subsection 1 and that 35 – 3 – - *AB495_R2* the charter school can remain financially viable if the charter school 1 continues to operate and serve only the elementary, middle or high 2 schools or campuses which do not meet the criteria described in 3 subsection 1, the sponsor may amend the charter contract to 4 eliminate the elementary, middle or high schools or campuses that 5 meet the criteria described in subsection 1 and limit the enrollment 6 in all other elementary, middle or high schools in or campuses of the 7 charter school. 8 6. The sponsor of a charter school described in subsection 1 9 is not required to terminate the charter contract of the charter 10 school or restart the charter school under a new charter contract 11 if the charter school received a rating that is: 12 (a) Within 5 points of the number of points required for the 13 second lowest rating of performance pursuant to the statewide 14 system of accountability for public schools or higher; or 15 (b) Within 10 points of the number of points required for the 16 second lowest rating of performance pursuant to the statewide 17 system of accountability for public schools or higher and the 18 charter school increased its rating from the immediately preceding 19 school year by at least 50 percent. 20 Sec. 1.5. NRS 388A.300 is hereby amended to read as 21 follows: 22 388A.300 1. Except as otherwise provided in [subsections] 23 subsection 5 , [and 6,] subsection 3 of NRS 385A.720 and 24 subsection 6 of NRS 388A.274, the sponsor of a charter school shall 25 terminate the charter contract of the charter school or restart the 26 charter school under a new charter contract if the charter school 27 receives, in any period of 3 consecutive school years, three annual 28 ratings established as the lowest rating possible indicating 29 underperformance of a public school, as determined by the 30 Department pursuant to the statewide system of accountability for 31 public schools. 32 2. If a charter contract is terminated or a charter school is 33 restarted pursuant to subsection 1, the sponsor of the charter school 34 shall submit a written report to the Department and the governing 35 body of the charter school setting forth the reasons for the 36 termination or restart of the charter school not later than 10 days 37 after terminating the charter contract or restarting the charter school. 38 3. The provisions of NRS 388A.330 do not apply to the 39 termination of a charter contract or restart of the charter school 40 pursuant to this section. 41 4. The Department shall adopt regulations governing 42 procedures to restart a charter school under a new charter contract 43 pursuant to subsection 1. Such regulations must include, without 44 limitation, requiring a charter school that is restarted to enroll a 45 – 4 – - *AB495_R2* pupil who was enrolled in the charter school before the school was 1 restarted before any other eligible pupil is enrolled. 2 5. If the sponsor of a charter school determines that not all of 3 the elementary, middle or high schools in or campuses of the charter 4 school meet the criteria described in subsection 1 and that the 5 charter school can remain financially viable if the charter school 6 continues to operate and serve only the elementary, middle or high 7 schools or campuses which do not meet the criteria described in 8 subsection 1, the sponsor may amend the charter contract to 9 eliminate the elementary, middle or high schools or campuses that 10 meet the criteria described in subsection 1 and limit the enrollment 11 in all other elementary, middle or high schools in or campuses of the 12 charter school. 13 Sec. 2. (Deleted by amendment.) 14 Sec. 3. 1. This section and sections 1 and 2 of this act 15 become effective upon passage and approval. 16 2. Section 1.5 of this act becomes effective on October 1, 2027. 17 H