[Rev. 5/20/2016 4:30:10 PM--2015]

CHAPTER 388B - ACHIEVEMENT CHARTER SCHOOLS

GENERAL PROVISIONS

NRS 388B.010        Definitions. [Effective July 1, 2016.]

NRS 388B.020        “Charter management organization” defined. [Effective July 1, 2016.]

NRS 388B.030        “Educational management organization” defined. [Effective July 1, 2016.]

NRS 388B.040        “Executive Director” defined. [Effective July 1, 2016.]

NRS 388B.050        “Public school” defined. [Effective July 1, 2016.]

NRS 388B.060        Regulations. [Effective July 1, 2016.]

ACHIEVEMENT SCHOOL DISTRICT

NRS 388B.100        Creation; employees. [Effective July 1, 2016.]

NRS 388B.110        Executive Director: Appointment; powers and duties. [Effective July 1, 2016.]

NRS 388B.120        Account for the Achievement School District: Creation; administration; use; deposit of gifts, grants and bequests; claims. [Effective July 1, 2016.]

OPERATIONS

NRS 388B.200        Conversion to achievement charter school: Eligibility; approval by State Board; selection of school; notification to school. [Effective July 1, 2016.]

NRS 388B.210        Duties of Executive Director concerning conversion of school to achievement charter school; regulations that prescribe process to apply to operate achievement charter school; approval of application to operate more than one achievement charter school. [Effective July 1, 2016.]

NRS 388B.220        Sponsor; appointment of governing body; Executive Director authorized to terminate contract to operate achievement charter school before expiration of contract. [Effective July 1, 2016.]

NRS 388B.230        Selection and duties of principal; retention and reassignment of employees; requirement to operate in same building; building costs and expenses; capital projects; enrollment requirement; limitation on loans, advances and other monetary charges. [Effective July 1, 2016.]

NRS 388B.240        Achievement charter school deemed local educational agency; Department to pay special education program units to eligible achievement charter school. [Effective July 1, 2016.]

NRS 388B.250        Applicability of charter school provisions to achievement charter schools; waiver of certain requirements concerning operation. [Effective July 1, 2016.]

NRS 388B.260        Board of trustees to provide services and facilities upon request of Executive Director; donation of surplus property of school district; authorization to acquire or purchase buildings, structures or property and engage in certain financial transactions. [Effective July 1, 2016.]

NRS 388B.270        Application for money for facilities; certain achievement charter schools required to submit quarterly report of financial status. [Effective July 1, 2016.]

NRS 388B.280        Participation by pupils in class or activity of school district in which pupil resides; revocation of approval to participate. [Effective July 1, 2016.]

NRS 388B.290        Evaluation of achievement charter school during sixth year of operation; actions taken based upon results of evaluation; actions required if school that has not made adequate progress continues to operate as achievement school district; conversion to public school or charter school. [Effective July 1, 2016.]

PERSONNEL

NRS 388B.400        Leave of absence from school district to accept or continue employment with achievement charter school; return of licensed employee to school district. [Effective July 1, 2016.]

NRS 388B.410        Employees deemed to be public employees; terms and conditions of employment; transfer of employment records with school district to governing body. [Effective July 1, 2016.]

NRS 388B.420        Reassignment of licensed employees upon termination of contract or cessation of operation as achievement charter school. [Effective July 1, 2016.]

NRS 388B.430        Governing body to transmit employment record to school district upon request of board of trustees; investigation into misconduct during leave of absence. [Effective July 1, 2016.]

NRS 388B.440        Eligibility for benefits of licensed employee on leave of absence; effect of leave of absence; eligibility of employee of achievement charter school for benefits. [Effective July 1, 2016.]

NRS 388B.450        Determination of appropriate level of contribution toward retirement benefits; participation in plan of group insurance offered to employees of school district. [Effective July 1, 2016.]

_________

GENERAL PROVISIONS

      NRS 388B.010  Definitions. [Effective July 1, 2016.]  As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 388B.020 to 388B.050, inclusive, have the meanings ascribed to them in those sections.

      (Added to NRS by 2015, 3788, effective July 1, 2016)

      NRS 388B.020  “Charter management organization” defined. [Effective July 1, 2016.]  “Charter management organization” means a nonprofit corporation, organization or other entity that provides services relating to the operation and management of charter schools and achievement charter schools.

      (Added to NRS by 2015, 3788, effective July 1, 2016)

      NRS 388B.030  “Educational management organization” defined. [Effective July 1, 2016.]  “Educational management organization” means a for-profit corporation, business, organization or other entity that provides services relating to the operation and management of charter schools and achievement charter schools.

      (Added to NRS by 2015, 3788, effective July 1, 2016)

      NRS 388B.040  “Executive Director” defined. [Effective July 1, 2016.]  “Executive Director” means the Executive Director of the Achievement School District created by NRS 388B.100.

      (Added to NRS by 2015, 3788, effective July 1, 2016)

      NRS 388B.050  “Public school” defined. [Effective July 1, 2016.]  “Public school” does not include a charter school or a university school for profoundly gifted pupils.

      (Added to NRS by 2015, 3788, effective July 1, 2016)

      NRS 388B.060  Regulations. [Effective July 1, 2016.]  The Department shall adopt any regulations necessary or convenient to carry out the provisions of this chapter. The regulations may prescribe, without limitation:

      1.  The process by which the Executive Director will solicit the input of:

      (a) Members of the community in which a public school is located, including, without limitation, parents of pupils enrolled at the public school, before selecting the public school for conversion to an achievement charter school pursuant to NRS 388B.200; and

      (b) Parents of pupils enrolled at a public school that has been selected for conversion to an achievement charter school concerning the needs of such pupils before approving an application to operate the achievement charter school pursuant to NRS 388B.210.

      2.  The process by which the Executive Director will solicit applications to operate an achievement charter school and the procedure and criteria that the Executive Director must use when evaluating such applications.

      3.  The manner in which the Executive Director will monitor and evaluate pupil achievement and school performance of an achievement charter school.

      4.  The process by which the parent or legal guardian of a child may apply for enrollment in an achievement charter school, including, without limitation, the required contents of the application, and the criteria used to determine which pupils will be enrolled in the achievement charter school. An achievement charter school shall not accept applications for enrollment in the charter school or otherwise discriminate based on the race, gender, religion, ethnicity or disability of a pupil.

      5.  Circumstances under which the governing body of a charter school may authorize a child who is enrolled in a public school of a school district or a private school or a homeschooled child to participate in a class at an achievement charter school that is not otherwise available to the child at his or her school or homeschool or participate in an extracurricular activity at the achievement charter school.

      6.  The procedure for converting an achievement charter school into a public school.

      (Added to NRS by 2015, 3798, effective July 1, 2016)

ACHIEVEMENT SCHOOL DISTRICT

      NRS 388B.100  Creation; employees. [Effective July 1, 2016.]

      1.  The Achievement School District is hereby created within the Department.

      2.  The Achievement School District may employ such persons as it deems necessary to carry out the provisions of this chapter. The employees of the Achievement School District:

      (a) Must be qualified to carry out the daily responsibilities of overseeing achievement charter schools in accordance with the provisions of this chapter; and

      (b) Are in the unclassified service of the State and serve at the pleasure of the Executive Director.

      (Added to NRS by 2015, 3788, effective July 1, 2016)

      NRS 388B.110  Executive Director: Appointment; powers and duties. [Effective July 1, 2016.]

      1.  The Superintendent of Public Instruction shall appoint an Executive Director of the Achievement School District. The Executive Director shall serve at the pleasure of the Superintendent of Public Instruction.

      2.  The Executive Director is the chief of the Achievement School District. The Executive Director has the powers and duties assigned by this chapter and any other applicable law or regulation and such other powers and duties as may be assigned by the Superintendent of Public Instruction.

      3.  The Executive Director shall develop policies and practices for the operation of the Achievement School District that are consistent with state laws and regulations governing achievement charter schools. Such policies and practices must include, without limitation, the manner in which the Achievement School District will maintain oversight of achievement charter schools.

      (Added to NRS by 2015, 3788, effective July 1, 2016)

      NRS 388B.120  Account for the Achievement School District: Creation; administration; use; deposit of gifts, grants and bequests; claims. [Effective July 1, 2016.]

      1.  The Account for the Achievement School District is hereby created in the State General Fund, to be administered by the Executive Director.

      2.  The interest and income earned on the money in the Account must be credited to the Account.

      3.  The money in the Account may be used only for the establishment and maintenance of the Achievement School District.

      4.  Any money remaining in the Account at the end of a fiscal year does not revert to the State General Fund, and the balance in the Account must be carried forward to the next fiscal year.

      5.  The Executive Director and the Achievement School District may accept gifts, grants and bequests to carry out the responsibilities of the Achievement School District pursuant to this chapter. Any money from gifts, grants and bequests must be deposited in the Account and may be expended in accordance with the terms and conditions of the gift, grant or bequest, or in accordance with this section.

      6.  Claims against the Account must be paid as other claims against the state are paid.

      (Added to NRS by 2015, 3788, effective July 1, 2016)

OPERATIONS

      NRS 388B.200  Conversion to achievement charter school: Eligibility; approval by State Board; selection of school; notification to school. [Effective July 1, 2016.]

      1.  A public school is eligible for conversion to an achievement charter school if:

      (a) Based upon the most recent annual report of the statewide system of accountability for public schools, the public school is an elementary school or middle school that was rated in the lowest 5 percent of elementary or middle schools in this State in pupil achievement and school performance for the most recent school year;

      (b) The public school is a high school that had a graduation rate for the immediately preceding school year of less than 60 percent; or

      (c) Pupil achievement and school performance at the public school is unsatisfactory as determined by the Department pursuant to the criteria established by regulation of the Department.

      2.  Each year, the Executive Director shall submit a list of not less than 20 percent of the public schools that are eligible for conversion to an achievement charter school pursuant to subsection 1 to the State Board for its approval. Within 30 days after the list is submitted, the State Board shall approve at least 50 percent of the schools on the list.

      3.  Each year, the Executive Director may select not more than six public schools approved for consideration by the State Board pursuant to subsection 2 for conversion to achievement charter schools. Before selecting a public school for conversion to an achievement charter school, the Executive Director must:

      (a) Consider available data concerning pupil achievement and school performance for the public school, including, without limitation, data from the statewide system of accountability for public schools and data maintained by the board of trustees of the school district in which the public school is located;

      (b) Solicit, in accordance with any regulations adopted pursuant to NRS 388B.060, and consider input from parents of pupils enrolled at the public school and other members of the community in which the public school is located; and

      (c) Consult with the board of trustees of the school district in which the public school is located.

      4.  The Executive Director shall notify a public school selected for conversion to an achievement charter school and the school district in which the public school is located not later than 60 days after making the selection.

      (Added to NRS by 2015, 3789, effective July 1, 2016)

      NRS 388B.210  Duties of Executive Director concerning conversion of school to achievement charter school; regulations that prescribe process to apply to operate achievement charter school; approval of application to operate more than one achievement charter school. [Effective July 1, 2016.]

      1.  For each public school selected for conversion to an achievement charter school pursuant to NRS 388B.200, the Executive Director shall:

      (a) Solicit applications from educational management organizations, charter management organizations and other persons to operate the achievement charter school.

      (b) Provide information to parents of pupils enrolled at the public school concerning programs of instruction that applicants to operate the achievement charter school have proposed to offer at the achievement charter school and, in accordance with any regulations adopted pursuant to NRS 388B.060, solicit the input of such parents concerning the needs of such pupils and the ability of the proposed programs of instruction to address those needs.

      (c) Taking into consideration the input provided pursuant to paragraph (b), evaluate the applications submitted to operate the achievement charter school and approve the application that the Executive Director determines is high quality, meets the identified educational needs of pupils and is likely to improve pupil achievement and school performance.

      (d) Negotiate and enter into a contract to operate the achievement charter school directly with the charter management organization, educational management organization or other person whose application is approved pursuant to paragraph (c). A contract to operate an achievement charter school must be for a term of 6 years. The term of the contract begins on the first day on which the contract provides that the educational management organization, charter management organization or other person is responsible for the operation of the achievement charter school.

      (e) Monitor the performance and compliance of each achievement charter school.

      2.  The Department shall adopt regulations that prescribe the process by which a charter management organization, educational management organization or other person may apply to operate an achievement charter school. Such regulations must, without limitation:

      (a) Require each application to include a plan to involve and engage the parents and families of pupils enrolled at the achievement charter school; and

      (b) Authorize a charter management organization, educational management organization or other person to submit one application to operate more than one achievement charter school.

      3.  If a charter management organization, educational management organization or other person applies to operate more than one achievement charter school pursuant to paragraph (b) of subsection 2, the Department must not approve the application unless any charter school currently operated by the charter management organization, educational management organization or other person meets specific criteria for pupil achievement and school performance established for each such school by the Department.

      (Added to NRS by 2015, 3790, effective July 1, 2016)

      NRS 388B.220  Sponsor; appointment of governing body; Executive Director authorized to terminate contract to operate achievement charter school before expiration of contract. [Effective July 1, 2016.]

      1.  After a contract is entered into pursuant to paragraph (d) of subsection 1 of NRS 388B.210, the Achievement School District shall be deemed the sponsor of the achievement charter school for all purposes, including, without limitation, receipt of the sponsorship fee prescribed pursuant to NRS 388A.414.

      2.  The charter management organization, educational management organization or other person with whom the Executive Director enters into a contract to operate the achievement charter school shall appoint the governing body of the achievement charter school, consisting of such persons as deemed appropriate by the charter management organization, educational management organization or other person and who meet the requirements set forth in subsection 3. The governing body has such powers and duties as assigned pursuant to this chapter and any other applicable law or regulation and by the Executive Director.

      3.  At least two members of the governing body of an achievement charter school must reside in the community in which the achievement charter school is located. A person who is employed by the charter management organization, educational management organization or other person with whom the Executive Director has entered into a contract to operate the achievement charter school may not serve as a voting member of the governing body of the achievement charter school.

      4.  The Executive Director may terminate a contract to operate an achievement charter school before the expiration of the contract under circumstances prescribed by regulation of the Department.

      (Added to NRS by 2015, 3790, effective July 1, 2016)

      NRS 388B.230  Selection and duties of principal; retention and reassignment of employees; requirement to operate in same building; building costs and expenses; capital projects; enrollment requirement; limitation on loans, advances and other monetary charges. [Effective July 1, 2016.]

      1.  After the governing body of an achievement charter school is appointed pursuant to NRS 388B.220, the governing body shall select the principal of the achievement charter school. The principal shall review each employee of the achievement charter school to determine whether to offer the employee a position in the achievement charter school based on the needs of the school and the ability of the employee to meet effectively those needs. The board of trustees of the school district in which the achievement charter school is located shall reassign any employee who is not offered a position in the achievement charter school or does not accept such a position in accordance with any collective bargaining agreement negotiated pursuant to chapter 288 of NRS.

      2.  An achievement charter school must continue to operate in the same building in which the school operated before being converted to an achievement charter school. The board of trustees of the school district in which the school is located must provide such use of the building without compensation. While the school is operated as an achievement charter school, the governing body of the achievement charter school shall pay all costs related to the maintenance and operation of the building and the board of trustees shall pay all capital expenses.

      3.  The board of trustees of a school district:

      (a) Is not required to give priority to a capital project at a public school that is selected for conversion to an achievement charter school; and

      (b) Shall not reduce the priority of such a capital project that existed before the school was selected for conversion.

      4.  Any pupil who was enrolled at the school before it was converted to an achievement charter school must be enrolled in the achievement charter school unless the parent or guardian of the pupil submits a written notice to the principal of the achievement charter school that the pupil will not continue to be enrolled in the achievement charter school.

      5.  The governing body of an achievement charter school shall not authorize the payment of loans, advances or other monetary charges to the charter management organization, educational management organization or other person with whom the Executive Director has entered into a contract to operate the achievement charter school which are greater than 15 percent of the total expected funding to be received by the achievement charter school from the State Distributive School Account.

      (Added to NRS by 2015, 3791, effective July 1, 2016)

      NRS 388B.240  Achievement charter school deemed local educational agency; Department to pay special education program units to eligible achievement charter school. [Effective July 1, 2016.]

      1.  Each achievement charter school is hereby deemed a local educational agency for the purpose of receiving any money available from federal and state categorical grant programs. An achievement charter school that receives money pursuant to such a grant program shall comply with any applicable reporting requirements to receive the grant.

      2.  If an achievement charter school is eligible to receive special education program units, the Department must pay the special education program units directly to the achievement charter school.

      3.  As used in this section, “local educational agency” has the meaning ascribed to it in 20 U.S.C. § 7801(26)(A).

      (Added to NRS by 2015, 3792, effective July 1, 2016)

      NRS 388B.250  Applicability of charter school provisions to achievement charter schools; waiver of certain requirements concerning operation. [Effective July 1, 2016.]

      1.  Except as otherwise provided in this section, the provisions of chapter 388A of NRS are not applicable to an achievement charter school.

      2.  The provisions of NRS 388A.090, 388A.095, 388A.100, 388A.171, 388A.226, 388A.345, 388A.348, 388A.351, 388A.363, 388A.366, 388A.369, 388A.384, 388A.408 to 388A.420, inclusive, 388A.478 to 388A.527, inclusive, 388A.547 and 388A.550 to 388A.695, inclusive, apply to an achievement charter school.

      3.  The governing body of an achievement charter school may submit a written request to the Superintendent of Public Instruction for a waiver from the requirements of paragraphs (f) to (k), inclusive, of subsection 1 of NRS 388A.366 or subsection 2 of that section or, except with regard to a program supported with Title I money, NRS 388A.518, 388A.521 or 388A.524. The Executive Director may grant such a request if the governing body demonstrates to the satisfaction of the Superintendent of Public Instruction that circumstances justify the waiver and that granting the waiver is in the best interest of the pupils enrolled in the achievement charter school.

      (Added to NRS by 2015, 3792, effective July 1, 2016)

      NRS 388B.260  Board of trustees to provide services and facilities upon request of Executive Director; donation of surplus property of school district; authorization to acquire or purchase buildings, structures or property and engage in certain financial transactions. [Effective July 1, 2016.]

      1.  Upon request of the Executive Director, the board of trustees of the school district in which an achievement charter school is located shall provide facilities to operate the achievement charter school, in addition to and not including the building in which the achievement charter school operates pursuant to NRS 388B.230, or perform any service relating to the operation of the achievement charter school, including, without limitation, transportation, the provision of health services for pupils who are enrolled in the achievement charter school and the provision of school police officers. The governing body of the achievement charter school shall reimburse the board of trustees for the cost of such facilities and services. If a dispute arises between the governing body of an achievement charter school or the Executive Director and the board of trustees of a school district concerning the cost of such facilities and services to be reimbursed, the Superintendent of Public Instruction must determine the cost to be reimbursed.

      2.  In addition to the school building used by the Achievement School District pursuant to NRS 388B.230, an achievement charter school may use any public facility located within the school district in which the achievement charter school is located. An achievement charter school may use school buildings owned by the school district only upon approval of the board of trustees of the school district.

      3.  The board of trustees of a school district may donate surplus personal property of the school district to an achievement charter school that is located within the school district.

      4.  An achievement charter school may:

      (a) Acquire by construction, purchase, devise, gift, exchange or lease, or any combination of those methods, and construct, reconstruct, improve, maintain, equip and furnish any building, structure or property to be used for any of its educational purposes and the related appurtenances, easements, rights-of-way, improvements, paving, utilities, landscaping, parking facilities and lands;

      (b) Mortgage, pledge or otherwise encumber all or any part of its property or assets;

      (c) Borrow money and otherwise incur indebtedness; and

      (d) Use public money to purchase real property or buildings with the approval of the Achievement School District.

      (Added to NRS by 2015, 3793, effective July 1, 2016)

      NRS 388B.270  Application for money for facilities; certain achievement charter schools required to submit quarterly report of financial status. [Effective July 1, 2016.]

      1.  To the extent money is available from legislative appropriation or otherwise, an achievement charter school may apply to the Department for money for facilities if:

      (a) The achievement charter school has been operating in this State for at least 5 consecutive years and is in good financial standing;

      (b) The Executive Director has determined that the finances of the achievement charter school are being managed in a prudent manner;

      (c) The achievement charter school has met or exceeded the annual measurable objectives and performance targets established pursuant to the statewide system of accountability for public schools or has demonstrated improvement in the achievement of pupils enrolled in the achievement charter school, as indicated by those annual measurable objectives and performance targets, for the majority of the years of its operation;

      (d) At least 75 percent of the pupils enrolled in grade 12 in the achievement charter school in the immediately preceding school year have satisfied the criteria prescribed by the State Board pursuant to NRS 390.600, if the achievement charter school enrolls pupils at a high school grade level; and

      (e) The achievement charter school meets the requirements prescribed by regulation of the Department.

      2.  An achievement charter school that does not satisfy the requirements of subsection 1 shall submit a quarterly report of the financial status of the achievement charter school if requested by the Executive Director.

      (Added to NRS by 2015, 3792, 3793, effective July 1, 2016)

      NRS 388B.280  Participation by pupils in class or activity of school district in which pupil resides; revocation of approval to participate. [Effective July 1, 2016.]

      1.  Except as otherwise provided in this section, upon the request of a parent or legal guardian of a pupil who is enrolled in an achievement charter school, the board of trustees of the school district in which the pupil resides shall authorize the pupil to participate in a class that is not available to the pupil at the achievement charter school or participate in an extracurricular activity, excluding sports, at a public school within the school district if:

      (a) Space for the pupil in the class or extracurricular activity is available; and

      (b) The parent or legal guardian demonstrates to the satisfaction of the board of trustees that the pupil is qualified to participate in the class or extracurricular activity.

      2.  If the board of trustees of a school district authorizes a pupil to participate in a class or extracurricular activity, excluding sports, pursuant to subsection 1, the board of trustees is not required to provide transportation for the pupil to attend the class or activity.

      3.  Upon the request of a parent or legal guardian of a pupil who is enrolled in an achievement charter school, the board of trustees of the school district in which the pupil resides shall authorize the pupil to participate in sports at the public school that he or she would otherwise be required to attend within the school district or, upon approval of the board of trustees, any public school within the same zone of attendance as the achievement charter school if:

      (a) Space is available for the pupil to participate; and

      (b) The parent or legal guardian demonstrates to the satisfaction of the board of trustees that the pupil is qualified to participate.

      4.  If the board of trustees of a school district authorizes a pupil to participate in sports pursuant to subsection 3, the board of trustees is not required to provide transportation for the pupil to participate.

      5.  The board of trustees of a school district may revoke its approval for a pupil to participate in a class, extracurricular activity or sport at a public school pursuant to subsection 1 or 3 if the board of trustees or the public school determines that the pupil has failed to comply with applicable statutes, or applicable rules and regulations of the board of trustees, the public school or the Nevada Interscholastic Activities Association. If the board of trustees so revokes its approval, neither the board of trustees nor the public school is liable for any damages relating to the denial of services to the pupil.

      (Added to NRS by 2015, 3793, effective July 1, 2016)

      NRS 388B.290  Evaluation of achievement charter school during sixth year of operation; actions taken based upon results of evaluation; actions required if school that has not made adequate progress continues to operate as achievement school district; conversion to public school or charter school. [Effective July 1, 2016.]

      1.  During the sixth year that a school operates as an achievement charter school, the Department shall evaluate the pupil achievement and school performance of the school. The Executive Director shall provide the Department with such information and assistance as the Department determines necessary to perform such an evaluation. If, as a result of such an evaluation, the Department determines:

      (a) That the achievement charter school has made adequate improvement in pupil achievement and school performance, the governing body of the achievement charter school must decide whether to:

             (1) Convert to a public school under the governance of the board of trustees of the school district in which the school is located;

             (2) Seek to continue as a charter school subject to the provisions of chapter 388A of NRS by applying to the board of trustees of the school district in which the school is located, the State Public Charter School Authority or a college or university within the Nevada System of Higher Education to sponsor the charter school pursuant to NRS 388A.220; or

             (3) Remain an achievement charter school for at least 6 more years.

      (b) That the achievement charter school has not made adequate improvement in pupil achievement and school performance, the Department shall direct the Executive Director to notify the parent or legal guardian of each pupil enrolled in the achievement charter school that the achievement charter school has not made adequate improvement in pupil achievement and school performance. Such notice must include, without limitation, information regarding:

             (1) Public schools which the pupil may be eligible to attend, including, without limitation, charter schools, programs of distance education offered pursuant to NRS 388.820 to 388.874, inclusive, and alternative programs for the education of pupils at risk of dropping out of school pursuant to NRS 388.537;

             (2) The opportunity for the parent to establish an education savings account pursuant to NRS 353B.850 and enroll the pupil in a private school, have the pupil become an opt-in child or provide for the education of the pupil in any other manner authorized by NRS 353B.900;

             (3) Any other alternatives for the education of the pupil that are available in this State; and

             (4) The actions that may be considered by the Department with respect to the achievement charter school and the manner in which the parent may provide input.

      2.  Upon deciding that the achievement charter school has not made adequate improvement in pupil achievement and school performance pursuant to paragraph (b) of subsection 1, the Department must decide whether to:

      (a) Convert the achievement charter school to a public school under the governance of the board of trustees of the school district in which the school is located; or

      (b) Continue to operate the school as an achievement charter school for at least 6 more years.

      3.  If the Department decides to continue to operate a school as an achievement charter school pursuant to subsection 2, the Executive Director must:

      (a) Terminate the contract with the charter management organization, educational management organization or other person that operated the achievement charter school;

      (b) Enter into a contract with a different charter management organization, educational management organization or other person to operate the achievement charter school after complying with the provisions of NRS 388B.210;

      (c) Require the charter management organization, educational management organization or other person with whom the Executive Director enters into a contract to operate the achievement charter school to appoint a new governing body of the achievement charter school in the manner provided pursuant to NRS 388B.220, and must not reappoint more than 40 percent of the members of the previous governing body; and

      (d) Evaluate the pupil achievement and school performance of such a school at least each 3 years of operation thereafter.

      4.  If an achievement charter school is converted to a public school under the governance of the board of trustees of a school district pursuant to paragraph (a) of subsection 1, the board of trustees must employ any teacher, administrator or paraprofessional who wishes to continue employment at the school and meets the requirements of chapter 391 of NRS to teach at the school. Any administrator or teacher employed at such a school who was employed by the board of trustees as a postprobationary employee before the school was converted to an achievement charter school and who wishes to continue employment at the school after it is converted back into a public school must be employed as a postprobationary employee.

      5.  If an achievement charter school becomes a charter school sponsored by the school district in which the charter school is located, the State Public Charter School Authority or a college or university within the Nevada System of Higher Education pursuant to paragraph (a) of subsection 1, the school is subject to the provisions of chapter 388A of NRS and the continued operation of the charter school in the building in which the school has been operating is subject to the provisions of NRS 388A.378.

      6.  As used in this section, “postprobationary employee” has the meaning ascribed to it in NRS 391.650.

      (Added to NRS by 2015, 3797; A 2015, 3312, effective July 1, 2016)

PERSONNEL

      NRS 388B.400  Leave of absence from school district to accept or continue employment with achievement charter school; return of licensed employee to school district. [Effective July 1, 2016.]

      1.  The board of trustees of a school district shall grant a leave of absence, not to exceed 6 years, to any licensed employee who is employed by the board of trustees who requests such a leave of absence to accept or continue employment with an achievement charter school.

      2.  After any of the first 5 school years in which a licensed employee is on a leave of absence, the employee may return to a comparable teaching position with the board of trustees. After the sixth school year, a licensed employee shall either submit a written request to return to a comparable teaching position or resign from the position for which the employee’s leave was granted.

      3.  The board of trustees shall grant a written request to return to a comparable position pursuant to subsection 2 even if the return of the licensed employee requires the board of trustees to reduce the existing workforce of the school district.

      4.  The board of trustees is not required to accept the return of a licensed employee if the employee does not comply with or is otherwise not eligible to return to employment pursuant to NRS 388B.430, including, without limitation, the refusal of the licensed employee to allow the school district to obtain the employment record of the employee that is maintained by the achievement charter school.

      5.  The board of trustees may require that a request to return to a comparable teaching position submitted pursuant to subsection 2 be submitted at least 90 days before the employee would otherwise be required to report to duty.

      (Added to NRS by 2015, 3795, effective July 1, 2016)

      NRS 388B.410  Employees deemed to be public employees; terms and conditions of employment; transfer of employment records with school district to governing body. [Effective July 1, 2016.]

      1.  All employees of an achievement charter school shall be deemed public employees and are not employees of the Department.

      2.  Except as otherwise provided in a collective bargaining agreement entered into by the governing body of an achievement charter school pursuant to chapter 288 of NRS, the principal of an achievement charter school may make:

      (a) All decisions concerning the terms and conditions of employment with the achievement charter school and any other matter relating to employment with the achievement charter school; and

      (b) All employment decisions with regard to the employees of the achievement charter school pursuant to NRS 391.650 to 391.830, inclusive.

      3.  Upon the request of the governing body of an achievement charter school, the board of trustees of a school district shall, with the permission of the licensed employee who is seeking employment with the achievement charter school, transmit to the governing body a copy of the employment record of the employee that is maintained by the school district. The employment record must include, without limitation, each evaluation of the licensed employee conducted by the school district and any disciplinary action taken by the school district against the licensed employee.

      (Added to NRS by 2015, 3794, effective July 1, 2016)

      NRS 388B.420  Reassignment of licensed employees upon termination of contract or cessation of operation as achievement charter school. [Effective July 1, 2016.]

      1.  Except as otherwise provided in this section, if the contract to operate an achievement charter school is terminated or if an achievement charter school ceases to operate as an achievement charter school or charter school, the licensed employees of the achievement charter school must be reassigned to employment within the school district in accordance with the applicable collective bargaining agreement.

      2.  A school district is not required to reassign a licensed employee of an achievement charter school pursuant to subsection 1 if the employee:

      (a) Was not granted a leave of absence by the school district to accept employment at the achievement charter school pursuant to NRS 388B.400;

      (b) Was granted a leave of absence by the school district and did not submit a written request to return to employment with the school district in accordance with NRS 388B.400; or

      (c) Does not comply with or is otherwise not eligible to return to employment pursuant to NRS 388B.430, including, without limitation, the refusal of the licensed employee to allow the school district to obtain the employment record of the employee that is maintained by the achievement charter school.

      (Added to NRS by 2015, 3795, effective July 1, 2016)

      NRS 388B.430  Governing body to transmit employment record to school district upon request of board of trustees; investigation into misconduct during leave of absence. [Effective July 1, 2016.]

      1.  Upon the request of the board of trustees of a school district, the governing body of an achievement charter school shall, with the permission of the licensed employee who is granted a leave of absence from the school district pursuant to NRS 388B.400, transmit to the school district a copy of the employment record of the employee that is maintained by the achievement charter school before the return of the employee to employment with the school district pursuant to NRS 388B.400 or 388B.420.

      2.  The employment record provided pursuant to subsection 1 must include, without limitation, each evaluation of the licensed employee conducted by the achievement charter school and any disciplinary action taken by the achievement charter school against the licensed employee.

      3.  Before the return of the licensed employee, the board of trustees of the school district may conduct an investigation into any misconduct of the licensed employee during the leave of absence from the school district and take any appropriate disciplinary action as to the status of the person as an employee of the school district, including, without limitation:

      (a) The dismissal of the employee from employment with the school district; or

      (b) Upon the employee’s return to employment with the school district, documentation of the disciplinary action taken against the employee into the employment record of the employee that is maintained by the school district.

      4.  If a school district conducts an investigation pursuant to subsection 3:

      (a) The licensed employee is not entitled to return to employment with the school district until the investigation is complete; and

      (b) The investigation must be conducted within a reasonable time.

      (Added to NRS by 2015, 3795, effective July 1, 2016)

      NRS 388B.440  Eligibility for benefits of licensed employee on leave of absence; effect of leave of absence; eligibility of employee of achievement charter school for benefits. [Effective July 1, 2016.]

      1.  A licensed employee who is on a leave of absence from a school district pursuant to NRS 388B.400:

      (a) Shall contribute to and be eligible for all benefits for which the employee would otherwise be entitled, including, without limitation, participation in the Public Employees’ Retirement System and accrual of time for the purposes of leave and retirement.

      (b) Continues, while the employee is on leave, to be covered by the collective bargaining agreement of the school district only with respect to any matter relating to his or her status or employment with the district.

      2.  The time during which such an employee is on a leave of absence and employed in an achievement charter school does not count toward the acquisition of permanent status with the school district.

      3.  Upon the return of a teacher to employment in the school district, the teacher is entitled to the same level of retirement, salary and any other benefits to which the teacher would otherwise be entitled if the teacher had not taken a leave of absence to teach in an achievement charter school.

      4.  An employee of an achievement charter school who is not on a leave of absence from a school district is eligible for all benefits for which the employee would be eligible for employment in a public school, including, without limitation, participation in the Public Employees’ Retirement System.

      (Added to NRS by 2015, 3796, effective July 1, 2016)

      NRS 388B.450  Determination of appropriate level of contribution toward retirement benefits; participation in plan of group insurance offered to employees of school district. [Effective July 1, 2016.]

      1.  For all employees of an achievement charter school:

      (a) The compensation that a teacher or other school employee would have received if he or she were employed by the school district must be used to determine the appropriate levels of contribution required of the employee and employer for purposes of the Public Employees’ Retirement System.

      (b) The compensation that is paid to a teacher or other school employee that exceeds the compensation that the employee would have received if he or she were employed by the school district must not be included for the purposes of calculating future retirement benefits of the employee.

      2.  If the board of trustees of a school district in which an achievement charter school is located manages a plan of group insurance for its employees, the governing body of the achievement charter school may negotiate with the board of trustees to participate in the same plan of group insurance that the board of trustees offers to its employees. If the employees of the achievement charter school participate in the plan of group insurance managed by the board of trustees, the governing body of the achievement charter school must:

      (a) Ensure that the premiums for that insurance are paid to the board of trustees; and

      (b) Provide, upon the request of the board of trustees, all information that is necessary for the board of trustees to provide the group insurance to the employees of the achievement charter school.

      (Added to NRS by 2015, 3796, effective July 1, 2016)