[Rev. 5/24/2016 3:37:22 PM--2015]

CHAPTER 388G - ALTERNATIVE SCHOOL MANAGEMENT

EMPOWERMENT SCHOOLS

General Provisions

NRS 388G.010        “Empowerment school” defined.

 

Program of Empowerment Schools

NRS 388G.050        Establishment of Program; required percentage of empowerment schools in certain counties; membership and duties of school district design team; acceptance of gifts and grants by school district. [Effective through June 30, 2016.]

NRS 388G.050        Establishment of Program; required percentage of empowerment schools in certain counties; membership and duties of school district design team; acceptance of gifts and grants by school district. [Effective July 1, 2016.]

NRS 388G.060        Adoption of policies and procedures; school choice for pupils; enrollment of pupils in empowerment school; no duty to provide transportation; procedure for empowerment school to obtain waiver from school district requirements and regulations.

 

School Empowerment Teams

NRS 388G.100        Establishment of empowerment team for school; exception from requirement of empowerment team; development of empowerment plan; participation by charter schools.

NRS 388G.110        Duties of school empowerment team.

 

School Empowerment Plans

NRS 388G.120        Requirements of school empowerment plan; request for waiver from certain statutes and regulations; budget for empowerment school and discretion over certain percentage of money.

NRS 388G.130        Review of empowerment plan for public school or district-sponsored charter school; opportunity to correct deficiencies; term of effectiveness; request for amendment; review of request for waiver from statute or regulation by State Board.

NRS 388G.140        Review of empowerment plan for State Public Charter School Authority-sponsored and Nevada System of Higher Education-sponsored charter schools; opportunity to correct deficiencies; term of effectiveness; request for amendment; review of request for waiver from statute or regulation by State Board.

 

Miscellaneous Provisions

NRS 388G.200        Quarterly report by empowerment school; annual financial audit required; compilation of reports and audits.

NRS 388G.210        Compliance with state law; exception if waiver granted; acceptance of gifts and grants by empowerment school.

NRS 388G.220        Regulations.

PROGRAMS OF SCHOOL-BASED DECISION MAKING

NRS 388G.300        Authority of board of trustees to prescribe rules relating to creation and administration of program.

NRS 388G.310        Authority of board of trustees to waive requirements of regulations for public school adopting program.

NRS 388G.320        Authority of State Board of Education to waive required course of study for school council created pursuant to program.

TURNAROUND SCHOOLS

NRS 388G.400        Determinations regarding principal and employees of school; financial and other incentives for teachers, administrators and paraprofessionals; reassignment of teachers to another public school; effect of determinations regarding employees on cost of operation of school; regulations to establish criteria for designation.

_________

EMPOWERMENT SCHOOLS

General Provisions

      NRS 388G.010  “Empowerment school” defined.  As used in NRS 388G.010 to 388G.220, inclusive, unless the context otherwise requires, “empowerment school” means a public school operating under an empowerment plan developed pursuant to NRS 388G.120 and approved pursuant to NRS 388G.130 or 388G.140, as applicable.

      (Added to NRS by 2007, 3277; A 2011, 879) — (Substituted in revision for NRS 386.700)

Program of Empowerment Schools

      NRS 388G.050  Establishment of Program; required percentage of empowerment schools in certain counties; membership and duties of school district design team; acceptance of gifts and grants by school district. [Effective through June 30, 2016.]

      1.  There is hereby established a Program of Empowerment Schools for public schools within this State. The Program does not include a university school for profoundly gifted pupils.

      2.  The board of trustees of a school district which is located:

      (a) In a county whose population is less than 100,000 may approve public schools located within the school district to operate as empowerment schools.

      (b) In a county whose population is 100,000 or more shall approve not less than 5 percent of the schools located within the school district to operate as empowerment schools.

      3.  The board of trustees of a school district which participates in the Program of Empowerment Schools shall, on or before September 1 of each year, provide notice to the Department of the number of schools within the school district that are approved to operate as empowerment schools for that school year.

      4.  The board of trustees of a school district that participates in the Program of Empowerment Schools may create a design team for the school district. If such a design team is created, the membership of the design team must consist of the following persons appointed by the board of trustees:

      (a) At least one representative of the board of trustees;

      (b) The superintendent of the school district, or the superintendent’s designee;

      (c) Parents and legal guardians of pupils enrolled in public schools in the school district;

      (d) Teachers and other educational personnel employed by the school district, including, without limitation, school administrators;

      (e) Representatives of organizations that represent teachers and other educational personnel;

      (f) Representatives of the community in which the school district is located and representatives of businesses within the community; and

      (g) Such other members as the board of trustees determines are necessary.

      5.  If a design team is created for a school district, the design team shall:

      (a) Recommend policies and procedures relating to empowerment schools to the board of trustees of the school district; and

      (b) Advise the board of trustees on issues relating to empowerment schools.

      6.  The board of trustees of a school district may accept gifts, grants and donations from any source for the support of the empowerment schools within the school district.

      (Added to NRS by 2007, 3277; A 2011, 878, 879) — (Substituted in revision for NRS 386.720)

      NRS 388G.050  Establishment of Program; required percentage of empowerment schools in certain counties; membership and duties of school district design team; acceptance of gifts and grants by school district. [Effective July 1, 2016.]

      1.  There is hereby established a Program of Empowerment Schools for public schools within this State. The Program does not include a university school for profoundly gifted pupils or an achievement charter school.

      2.  The board of trustees of a school district which is located:

      (a) In a county whose population is less than 100,000 may approve public schools located within the school district to operate as empowerment schools.

      (b) In a county whose population is 100,000 or more shall approve not less than 5 percent of the schools located within the school district to operate as empowerment schools.

      3.  The board of trustees of a school district which participates in the Program of Empowerment Schools shall, on or before September 1 of each year, provide notice to the Department of the number of schools within the school district that are approved to operate as empowerment schools for that school year.

      4.  The board of trustees of a school district that participates in the Program of Empowerment Schools may create a design team for the school district. If such a design team is created, the membership of the design team must consist of the following persons appointed by the board of trustees:

      (a) At least one representative of the board of trustees;

      (b) The superintendent of the school district, or the superintendent’s designee;

      (c) Parents and legal guardians of pupils enrolled in public schools in the school district;

      (d) Teachers and other educational personnel employed by the school district, including, without limitation, school administrators;

      (e) Representatives of organizations that represent teachers and other educational personnel;

      (f) Representatives of the community in which the school district is located and representatives of businesses within the community; and

      (g) Such other members as the board of trustees determines are necessary.

      5.  If a design team is created for a school district, the design team shall:

      (a) Recommend policies and procedures relating to empowerment schools to the board of trustees of the school district; and

      (b) Advise the board of trustees on issues relating to empowerment schools.

      6.  The board of trustees of a school district may accept gifts, grants and donations from any source for the support of the empowerment schools within the school district.

      (Added to NRS by 2007, 3277; A 2011, 878, 879; 2015, 3804, effective July 1, 2016) — (Substituted in revision for NRS 386.720)

      NRS 388G.060  Adoption of policies and procedures; school choice for pupils; enrollment of pupils in empowerment school; no duty to provide transportation; procedure for empowerment school to obtain waiver from school district requirements and regulations.

      1.  The board of trustees of a school district that participates in the Program of Empowerment Schools may establish policies and procedures for public schools within the school district that wish to convert to empowerment schools which may provide for:

      (a) The process by which a public school may convert to an empowerment school, including, without limitation, the development of an empowerment plan for the school in accordance with NRS 388G.120;

      (b) Autonomy for the principal of each empowerment school to decide issues relating to the operation of the school, including, without limitation, the school schedule, governance, incentives for employees, staffing, budgeting and the provision of instruction;

      (c) The opportunity for empowerment schools within the school district to offer an alternative schedule, including, without limitation, a longer school day or a longer school year, or both, and to offer school during the summer; and

      (d) Other matters as deemed necessary by the board of trustees.

      2.  The board of trustees of a school district that participates in the Program of Empowerment Schools shall adopt policies and procedures which provide for:

      (a) Accountability measures designed to ensure that pupils enrolled in an empowerment school are achieving certain goals and standards relating to academic achievement;

      (b) The process for the selection of empowerment schools and the approval of empowerment plans for those schools;

      (c) The process for renewal of empowerment plans;

      (d) The criteria for revocation of an empowerment plan for a school and the procedure for revocation; and

      (e) The time period for which empowerment plans will be approved.

      3.  A school district that participates in the Program of Empowerment Schools shall provide a process for a pupil who resides in the school district to attend:

      (a) An empowerment school regardless of the school which the pupil is otherwise zoned to attend.

      (b) A school that is not an empowerment school if the pupil is zoned to attend a school that converts to an empowerment school.

      4.  An empowerment school shall:

      (a) Enroll first the pupils who are zoned to attend that school.

      (b) After the enrollment of pupils pursuant to paragraph (a), if the school has space available, enroll pupils who are not otherwise zoned to attend the school on the basis of a lottery system.

      5.  A school district is not required to provide transportation to a pupil who attends a public school which the pupil is not otherwise zoned to attend.

      6.  A school district that participates in the Program of Empowerment Schools shall provide a procedure for an empowerment school to obtain a waiver from the requirements and regulations of the board of trustees of the school district. The board of trustees may not waive:

      (a) The requirements of a state or federal law or regulation.

      (b) A policy or requirement relating to safety, including, without limitation, hiring security personnel and following procedures designed to ensure the safety of the school, the personnel employed at the school and the pupils.

      (Added to NRS by 2007, 3278; A 2011, 879; 2013, 1925) — (Substituted in revision for NRS 386.725)

School Empowerment Teams

      NRS 388G.100  Establishment of empowerment team for school; exception from requirement of empowerment team; development of empowerment plan; participation by charter schools.

      1.  Except as otherwise provided in subsection 2, the principal of a public school within a school district that participates in the Program of Empowerment Schools who wishes to convert to an empowerment school shall:

      (a) Establish an empowerment team for the school; and

      (b) Develop an empowerment plan for the school in consultation with the empowerment team.

      2.  The principal of a public school located in a county whose population is less than 100,000 may develop an empowerment plan for the school without establishing or consulting with an empowerment team. If an empowerment team has not been established pursuant to the exception provided in this subsection, the principal of the school shall carry out the responsibilities and duties otherwise assigned to an empowerment team pursuant to NRS 388G.010 to 388G.220, inclusive.

      3.  An empowerment team for a school must consist of the following persons:

      (a) The principal of the school;

      (b) At least two but not more than four teachers and other licensed educational personnel who are employed at the school, selected by a recognized employee organization that represents licensed educational personnel within the school district;

      (c) At least two but not more than four employees, other than teachers and other licensed educational personnel, who are employed at the school, selected by an organization that represents those employees;

      (d) At least two but not more than four parents and legal guardians of pupils enrolled in the school, selected by an association of parents established for the school;

      (e) At least two but not more than four representatives of the community or businesses within the community; and

      (f) Such other persons as may be necessary to meet the requirements set forth in subsection 4.

      4.  Of the total number of members on an empowerment team for a school:

      (a) At least one member must have 5 years or more of experience in school finance;

      (b) At least one member must have 5 years or more of experience in school administration or human resources;

      (c) At least one member must have 5 years or more of experience in overseeing the academic programs and curriculum for a public school; and

      (d) At least one member must have 5 years or more of experience in the collection and analysis of data.

Ę The provisions of this subsection do not require the appointment of four persons if one, two or three such persons satisfy the qualifications.

      5.  A charter school that wishes to participate in the Program of Empowerment Schools shall comply with the provisions of NRS 388G.010 to 388G.220, inclusive. If a charter school is approved as an empowerment school, the charter school does not forfeit its status as a charter school.

      (Added to NRS by 2007, 3279; A 2009, 2326, 2327; 2011, 879; 2013, 1926, 3806) — (Substituted in revision for NRS 386.730)

      NRS 388G.110  Duties of school empowerment team.  An empowerment team for a school shall:

      1.  Select, from among its members, a Chair and a Vice Chair.

      2.  Assist the principal in the development of the empowerment plan for the school.

      3.  Assist in the development of the proposed budget for the school and provide ongoing advice to the principal concerning the expenditure of money apportioned to the school.

      4.  Provide continued oversight of the school and assist in the management decisions for the school.

      (Added to NRS by 2007, 3280; A 2011, 879) — (Substituted in revision for NRS 386.735)

School Empowerment Plans

      NRS 388G.120  Requirements of school empowerment plan; request for waiver from certain statutes and regulations; budget for empowerment school and discretion over certain percentage of money.

      1.  Each empowerment plan for a school must:

      (a) Set forth the manner by which the school will be governed;

      (b) Set forth the proposed budget for the school, including, without limitation, the cost of carrying out the empowerment plan, and the manner by which the money apportioned to the school will be administered;

      (c) Prescribe the academic plan for the school, including, without limitation, the manner by which courses of study will be provided to the pupils enrolled in the school and any special programs that will be offered for pupils;

      (d) Prescribe the manner by which the achievement of pupils will be measured and reported for the school, including, without limitation, the results of the pupils on the examinations administered pursuant to NRS 390.105 and, if applicable for the grade levels of the empowerment school, the end-of-course examinations administered pursuant to NRS 390.600 and the college and career readiness assessment administered pursuant to NRS 390.610;

      (e) Prescribe the manner by which teachers and other licensed educational personnel will be selected and hired for the school, which must be determined and negotiated pursuant to chapter 288 of NRS;

      (f) Prescribe the manner by which all other staff for the school will be selected and hired, which must be determined and negotiated pursuant to chapter 288 of NRS;

      (g) Indicate whether the empowerment plan will offer an incentive pay structure for staff and a description of that pay structure, if applicable;

      (h) Indicate the intended ratio of pupils to teachers at the school, designated by grade level, which must comply with NRS 388.700 or 388.720, as applicable;

      (i) Provide a description of the professional development that will be offered to the teachers and other licensed educational personnel employed at the school;

      (j) Prescribe the manner by which the empowerment plan will increase the involvement of parents and legal guardians of pupils enrolled in the school;

      (k) Comply with the plan to improve the achievement of the pupils enrolled in the school prepared pursuant to NRS 385A.650;

      (l) Address the specific educational needs and concerns of the pupils who are enrolled in the school; and

      (m) Set forth the calendar and schedule for the school.

      2.  If the empowerment plan includes an incentive pay structure, that pay structure must:

      (a) Provide an incentive for all staff employed at the school;

      (b) Set forth the standards that must be achieved by the pupils enrolled in the school and any other measurable objectives that must be met to be eligible for incentive pay; and

      (c) Be in addition to the salary or hourly rate of pay negotiated pursuant to chapter 288 of NRS that is otherwise payable to the employee.

      3.  An empowerment plan may:

      (a) Request a waiver from a statute contained in this title or a regulation of the State Board or the Department.

      (b) Identify the services of the school district which the school wishes to receive, including, without limitation, professional development, transportation, food services and discretionary services. Upon approval of the empowerment plan, the school district may deduct from the total apportionment to the empowerment school the costs of such services.

      4.  For purposes of determining the budget pursuant to paragraph (b) of subsection 1, if a public school which converts to an empowerment school is a:

      (a) Charter school, the amount of the budget is the amount equal to the apportionments and allowances from the State Distributive School Account pursuant to NRS 387.121 to 387.1245, inclusive, and its proportionate share of any other money available from federal, state or local sources that the school or the pupils enrolled in the school are eligible to receive.

      (b) Public school, other than a charter school, the empowerment team for the school shall have discretion of 90 percent of the amount of money from the state financial aid and local funds that the school district apportions for the school, without regard to any line-item specifications or specific uses determined advisable by the school district, unless the empowerment team determines that a lesser amount is necessary to carry out the empowerment plan.

      (Added to NRS by 2007, 3280; A 2009, 2328, 2330; 2011, 879; 2013, 1927, 3264, 3806) — (Substituted in revision for NRS 386.740)

      NRS 388G.130  Review of empowerment plan for public school or district-sponsored charter school; opportunity to correct deficiencies; term of effectiveness; request for amendment; review of request for waiver from statute or regulation by State Board.

      1.  Except as otherwise provided in subsection 10, the empowerment team of a public school, other than a charter school that is sponsored by the State Public Charter School Authority or by a college or university within the Nevada System of Higher Education, that develops an empowerment plan pursuant to NRS 388G.120 shall submit the proposed empowerment plan to the designee of the board of trustees appointed pursuant to this subsection for review and approval pursuant to this section. The board of trustees shall designate a person to review each proposed empowerment plan and recommend the approval or denial of the plan to the board of trustees.

      2.  The board of trustees shall approve or deny the empowerment plan. The approval or denial of an empowerment plan must be based solely upon the contents of the plan and may not consider the amount of money required to carry out the empowerment plan if the plan is within the limits of the total apportionment to the school pursuant to subsection 4 of NRS 388G.120.

      3.  Except as otherwise provided in subsection 10, if the board of trustees approves an empowerment plan, the president of the board of trustees, the principal of the public school and the chair of the empowerment team, if the principal is not the chair, shall each sign the plan. The empowerment plan is effective for 3 years unless the empowerment team determines that the school will no longer operate under the plan or the board of trustees of the school district revokes the plan.

      4.  Except as otherwise provided in subsection 10, if the board of trustees denies an empowerment plan, the board of trustees shall:

      (a) Return the plan to the empowerment team with a written statement indicating the reason for the denial; and

      (b) Provide the empowerment team with a reasonable opportunity to correct any deficiencies identified in the written statement and resubmit it for approval. An empowerment plan may be resubmitted not more than once in a school year.

      5.  Except as otherwise provided in subsection 10, an empowerment plan for a public school is not effective and a public school shall not operate as an empowerment school unless the plan is signed by the president of the board of trustees of the school district, the principal of the public school and the chair of the empowerment team, if the principal is not the chair. If an empowerment plan includes a request for a waiver from a statute contained in this title or a regulation of the State Board or the Department, a public school may operate under the approved plan but the requested waivers from state law are not effective unless approved by the State Board pursuant to subsection 7.

      6.  Except as otherwise provided in subsection 10, the empowerment team may submit a written request to the board of trustees for an amendment to the empowerment plan approved pursuant to this section, including an explanation of the reason for the amendment. An amendment must be approved in the same manner as the empowerment plan was approved.

      7.  If the empowerment plan includes a request for a waiver from a statute or regulation, the board of trustees shall forward the approved empowerment plan to the State Board for review of the request for a waiver. The State Board shall review the empowerment plan and may approve or deny the request for a waiver from a statute or regulation unless the statute or regulation is required by federal law or is required to carry out federal law.

      8.  If the State Board approves the request for a waiver for a school, the Department shall provide written notice of the approval to the board of trustees of the school district that submitted the empowerment plan on behalf of the school.

      9.  If the State Board denies a request for a waiver, the State Board shall:

      (a) Return the request to the school district with a written statement indicating the reason for the denial; and

      (b) Except as otherwise provided in subsection 10, provide the empowerment team with a reasonable opportunity to correct any deficiencies identified in the written statement and resubmit it for approval. A request for a waiver may be resubmitted by the school district, after the empowerment team corrects any deficiencies, not more than once in a school year.

      10.  If an empowerment team has not been established pursuant to the exception provided in subsection 2 of NRS 388G.100, the principal of the school shall carry out the responsibilities and duties assigned to the empowerment team pursuant to this section.

      (Added to NRS by 2007, 3281; A 2011, 879) — (Substituted in revision for NRS 386.745)

      NRS 388G.140  Review of empowerment plan for State Public Charter School Authority-sponsored and Nevada System of Higher Education-sponsored charter schools; opportunity to correct deficiencies; term of effectiveness; request for amendment; review of request for waiver from statute or regulation by State Board.

      1.  Except as otherwise provided in subsection 7, the empowerment team of a charter school that is sponsored by the State Public Charter School Authority or by a college or university within the Nevada System of Higher Education which develops an empowerment plan pursuant to NRS 388G.120 shall submit the proposed plan to the Department for transmission to the State Board for review and approval pursuant to this section.

      2.  The State Board shall review each proposed empowerment plan and approve or deny the plan, including a request for a waiver from a statute contained in this title or a regulation of the State Board or the Department, if applicable. The approval or denial of an empowerment plan must be based solely upon the contents of the plan and may not consider the amount of money required to carry out the empowerment plan if the plan is within the limits of the total apportionment to the charter school pursuant to subsection 4 of NRS 388G.120.

      3.  Except as otherwise provided in subsection 7, if the State Board approves an empowerment plan, the President of the State Board, the principal of the charter school and the chair of the empowerment team, if the principal is not the chair, shall each sign the plan. The empowerment plan is effective for 3 years unless the empowerment team determines that the school will no longer operate under the plan or the State Board revokes the plan.

      4.  Except as otherwise provided in subsection 7, if the State Board denies an empowerment plan, the State Board shall:

      (a) Return the plan to the empowerment team with a written statement indicating the reason for the denial; and

      (b) Provide the empowerment team with a reasonable opportunity to correct any deficiencies identified in the written statement and resubmit it for approval. An empowerment plan may be resubmitted not more than once in a school year.

      5.  Except as otherwise provided in subsection 7, an empowerment plan for a charter school that is sponsored by the State Public Charter School Authority or by a college or university within the Nevada System of Higher Education is not effective and a charter school shall not operate as an empowerment school unless the plan is signed by the President of the State Board, the principal of the charter school and the chair of the empowerment team, if the principal is not the chair.

      6.  Except as otherwise provided in subsection 7, the empowerment team may submit a written request to the Department for an amendment to the empowerment plan approved pursuant to this section, including an explanation of the reason for the amendment. An amendment must be approved in the same manner as the empowerment plan was approved.

      7.  If an empowerment team has not been established pursuant to the exception provided in subsection 2 of NRS 388G.100, the principal of the school shall carry out the responsibilities and duties assigned to the empowerment team pursuant to this section.

      (Added to NRS by 2007, 3283; A 2011, 879) — (Substituted in revision for NRS 386.750)

Miscellaneous Provisions

      NRS 388G.200  Quarterly report by empowerment school; annual financial audit required; compilation of reports and audits.

      1.  Each empowerment school, other than a charter school that is sponsored by the State Public Charter School Authority or by a college or university within the Nevada System of Higher Education, shall, on a quarterly basis, submit to the board of trustees of the school district in which the school is located a report that includes:

      (a) The financial status of the school; and

      (b) A description of the school’s compliance with each component of the empowerment plan for the school.

      2.  Each charter school that is sponsored by the State Public Charter School Authority or by a college or university within the Nevada System of Higher Education which is approved to operate as an empowerment school shall, on a quarterly basis, submit to the Department a report that includes:

      (a) The financial status of the school; and

      (b) A description of the school’s compliance with each component of the empowerment plan for the school.

      3.  The board of trustees of a school district shall conduct a financial audit of each empowerment school within the school district, other than a charter school that is sponsored by the State Public Charter School Authority or by a college or university within the Nevada System of Higher Education. Each financial audit must be conducted on an annual basis and more frequently if determined necessary by the board of trustees.

      4.  The Department shall conduct a financial audit of each charter school that is sponsored by the State Public Charter School Authority or by a college or university within the Nevada System of Higher Education which operates as an empowerment school on an annual basis and more frequently if determined necessary by the Department.

      5.  On or before July 1 of each year, the board of trustees of each school district shall compile the reports and audits required pursuant to subsections 1 and 3, if any, and forward the compilation to the:

      (a) Governor;

      (b) Department; and

      (c) Legislative Committee on Education.

      6.  On or before July 1 of each year, the Department shall compile the reports and audits required pursuant to subsections 2 and 4, if any, and forward the compilation to the:

      (a) Governor; and

      (b) Legislative Committee on Education.

      (Added to NRS by 2007, 3284; A 2011, 879) — (Substituted in revision for NRS 386.760)

      NRS 388G.210  Compliance with state law; exception if waiver granted; acceptance of gifts and grants by empowerment school.

      1.  Except as otherwise provided pursuant to a waiver granted in accordance with NRS 388G.130 or 388G.140, each empowerment school, each person employed by an empowerment school and each pupil enrolled in an empowerment school shall comply with the applicable requirements of state law, including, without limitation, the standards of content and performance prescribed pursuant to NRS 389.520 and the examinations that are administered pursuant to NRS 390.105 and 390.600 and the college and career readiness assessment administered pursuant to NRS 390.610.

      2.  Each empowerment school may accept gifts, grants and donations from any source for the support of its empowerment plan. A person who gives a gift, grant or donation may designate all or part of the gift, grant or donation specifically to carry out the incentive pay structure of the school, if applicable.

      (Added to NRS by 2007, 3284; A 2011, 879; 2013, 3265) — (Substituted in revision for NRS 386.765)

      NRS 388G.220  Regulations.  The State Board may adopt regulations to carry out the provisions of NRS 388G.010 to 388G.220, inclusive.

      (Added to NRS by 2007, 3284; A 2011, 879) — (Substituted in revision for NRS 386.780)

PROGRAMS OF SCHOOL-BASED DECISION MAKING

      NRS 388G.300  Authority of board of trustees to prescribe rules relating to creation and administration of program.  The board of trustees of a school district may prescribe rules relating to the creation and administration of a program of school-based decision making for the public schools within the district. The rules must provide:

      1.  For the creation of a school council;

      2.  For the involvement of parents and other members of the community on and with the school council;

      3.  The requirements for recordkeeping by the school council;

      4.  The procedure for appealing a decision of the school council;

      5.  The procedure for a school to obtain a waiver of the requirements of regulations of the board of trustees or the State Board;

      6.  A method for determining the progress of a pupil in a program of school-based decision making;

      7.  A method for reporting the progress of a pupil to the pupil, the pupil’s parents or guardians, the board of trustees and the State Board;

      8.  Plans for improving the schools within the district;

      9.  A method for allocating money to schools that have adopted a program of school-based decision making and for the administration of the budget of the school district; and

      10.  The procedure which a school council or board of trustees may use to withdraw from a program of school-based decision making.

      (Added to NRS by 1993, 2886; A 1995, 862; 1997, 2357) — (Substituted in revision for NRS 386.4154)

      NRS 388G.310  Authority of board of trustees to waive requirements of regulations for public school adopting program.  The board of trustees of a school district may waive the requirements of regulations of the board of trustees and the State Board for a public school within the district that adopts a program of school-based decision making. The board of trustees may not waive statutory requirements.

      (Added to NRS by 1993, 2887; A 1995, 862; 1997, 2357) — (Substituted in revision for NRS 386.4156)

      NRS 388G.320  Authority of State Board of Education to waive required course of study for school council created pursuant to program.  The State Board may waive a course of study otherwise required by statute upon application of the board of trustees of a school district on behalf of a school council created pursuant to a program of school-based decision making.

      (Added to NRS by 1993, 2887; A 1995, 862; 1997, 2357) — (Substituted in revision for NRS 386.4158)

TURNAROUND SCHOOLS

      NRS 388G.400  Determinations regarding principal and employees of school; financial and other incentives for teachers, administrators and paraprofessionals; reassignment of teachers to another public school; effect of determinations regarding employees on cost of operation of school; regulations to establish criteria for designation.

      1.  If the Department designates a school as a turnaround school pursuant to this section:

      (a) The board of trustees of the school district in which the school is located may review the performance of the principal at the school to determine whether to retain or replace the principal. If the board of trustees decides to replace the principal, the board of trustees must:

             (1) Immediately commence the process of selecting a new principal for the school to make a selection with the approval of the Department so that the new principal may begin before the start of the next school year; and

             (2) Reassign the replaced principal to another public school within the school district.

      (b) The principal of the school may:

             (1) Review the performance of each employee of the school to determine whether to retain the employee based on the needs of the school. The board of trustees of the school district in which the school is located shall reassign any employee who is not retained pursuant to this subparagraph to another public school within the school district; and

             (2) Make all determinations for the school concerning hiring and the school’s curriculum, schedule and instructional design.

      (c) The board of trustees of the school district in which the school is located shall create financial and other incentives to be offered to teachers, administrators and paraprofessionals who work in classrooms or provide tutoring to pupils at the school that are intended to motivate such persons to apply for positions with the school and continue employment with the school. Such incentives may include, without limitation:

             (1) Salary increases and bonuses;

             (2) Flexible schedules that allow teachers to pursue other assignments or education;

             (3) Opportunities to receive training and to participate in programs for professional development; and

             (4) Opportunities for promotion and career development.

      2.  If a teacher of a school is reassigned to another public school within the school district pursuant to subparagraph (1) of paragraph (b) of subsection 1, the board of trustees of the school district shall ensure that the teacher receives assistance to help the teacher meet the standards for effective teaching, which may include, without limitation, peer assistance and review, participation in programs of professional development and other appropriate training.

      3.  If a determination made by the principal of a school pursuant to paragraph (b) of subsection 1 will:

      (a) Increase the cost of operating the school, the principal must seek to obtain any available grant from the Department and request any necessary additional amount of money from the board of trustees of the school district.

      (b) Decrease the cost of operating the school, the board of trustees of the school district must not reduce the amount of money allocated to the school as a result of the savings.

      4.  The State Board shall, in consultation with the board of trustees of each school district, establish, by regulation, the criteria for designating an underperforming school as a turnaround school for the purposes of this section. Such criteria must use current data from multiple sources.

      (Added to NRS by 2015, 3823)