SB224 - Revises provisions relating to education. (BDR 34-72)

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 [Text truncated for display. 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