NAC386.130. Application to form charter school: Forms; restrictions on submission and acceptance.

     1. The Department will prescribe forms for the use of a committee to form a charter school in applying to:

     (a) The Department, pursuant to subsection 2 of NRS 386.520;

     (b) The board of trustees of the school district in which the proposed charter school will be located, pursuant to NRS 386.525;

     (c) A college or university within the Nevada System of Higher Education, pursuant to NRS 386.525; and

     (d) The State Board of Education, pursuant to NRS 386.525,

Ê to form a charter school.

     2. An application to form a charter school must not propose to form a charter school in more than one county. The Department will accept only one application per year from each committee to form a charter school. The State Board of Education, a college or university within the Nevada System of Higher Education and the board of trustees of a school district shall accept only one application per year from each committee to form a charter school. An application that is submitted to:

     (a) The Department, pursuant to subsection 2 of NRS 386.520;

     (b) The board of trustees of the school district in which the proposed charter school will be located, pursuant to NRS 386.525;

     (c) A college or university within the Nevada System of Higher Education, pursuant to NRS 386.525; and

     (d) The State Board of Education, pursuant to NRS 386.525,

Ê must be submitted on forms prescribed pursuant to subsection 1 and must be submitted to the Department not later than 5 p.m. on September 1 of the fiscal year immediately preceding the fiscal year in which the proposed charter school will begin operation and to the proposed sponsor not later than 5 p.m. on December 15 of the fiscal year immediately preceding the fiscal year in which the proposed charter school will begin operation.

     3. An application to form a charter school may not be submitted earlier than 2 fiscal years immediately preceding the fiscal year in which the proposed charter school will begin operation.

     4. Pursuant to NRS 386.520 and 386.525, only a committee to form a charter school may submit an application to form a charter school. The Department will not accept an application from a committee whose membership includes a:

     (a) Potential contractor of the proposed charter school;

     (b) Potential lessor of a facility that the proposed charter school may lease; or

     (c) Representative of an educational management organization with which the proposed charter school may contract.

Ê The State Board of Education, a college or university within the Nevada System of Higher Education or the board of trustees of a school district shall not accept an application from a committee to form a charter school whose membership includes a person or entity described in paragraph (a), (b) or (c).

     5. An application may be submitted only for the kind of school, as defined in NRS 388.020, that will be operated during the first year of operation. If the applicant intends to expand the kind of school for which the charter school is authorized to operate after the first year of operation, the written charter must be amended pursuant to subsection 6 of NRS 386.527.

     (Added to NAC by Dep’t of Education by R196-97, eff. 3-13-98; A by R163-99, 2-2-2000; R024-01, 11-1-2001; R193-01, 4-1-2002; R060-02, 12-17-2002; R011-03, 10-30-2003; R044-05, 10-31-2005; R169-07, 9-18-2008)