NAC386.204. Grounds for denial by State Board of Education of application to form charter school for sponsorship by State Board.

     1. If the State Board of Education receives an application to form a charter school for sponsorship by the State Board, the State Board shall not approve the application:

     (a) For a written charter pursuant to subsection 5 of NRS 386.527 if the application does not satisfy the requirements of paragraphs (a) and (b) of subsection 1 of NRS 386.525; or

     (b) If the financial or administrative operation of the proposed charter school does not meet or exceed the minimum standards, procedures and requirements of the State.

     2. If the State Board of Education receives an application to form a charter school for sponsorship by the State Board, the State Board may deny the application pursuant to this section.

     3. The State Board of Education may deny an application if the State Board determines that the curriculum or instruction proposed for the charter school, including, without limitation, a program of distance education approved pursuant to NRS 388.820 to 388.874, inclusive, is not:

     (a) Aligned with the standards of content and performance established pursuant to NRS 389.520;

     (b) Aligned with the written description of the mission and goals for the proposed charter school as included in the application pursuant to NRS 386.520; or

     (c) Supported by sound evidence, as provided by the applicant, which demonstrates the effectiveness of the curriculum or instruction.

     4. The State Board of Education may deny an application if the State Board determines that:

     (a) Expenditures or flat fees included in the budget of the proposed charter school or in the proposed operating agreement with a contractor or an educational management organization are not consistent with the cost for similar services as those services are otherwise available to a public school;

     (b) The budget of the proposed charter school is not balanced or relies unduly on grants or donations;

     (c) The budget of the proposed charter school is based on an unrealistic enrollment projection;

     (d) The budget of the proposed charter school does not adequately anticipate the requirements for and expenses of pupils with disabilities who may enroll in a program of special education at the proposed charter school; or

     (e) The budget of the proposed charter school is not aligned with the written description of the mission and goals for the proposed charter school as included in the application pursuant to NRS 386.520.

     5. The State Board of Education may deny an application if the State Board determines that a contractor or educational management organization with whom the committee to form the charter school or the governing body of the proposed charter school intends to contract has knowingly violated a material term or condition of a contract with a public school in the past.

     6. The State Board of Education may deny an application if the State Board determines that a contract or a proposed contract between the proposed charter school and a contractor or an educational management organization contains a provision which is prohibited by NAC 386.403.

     (Added to NAC by Dep’t of Education by R061-08, eff. 9-18-2008)

Notation

REVISER’S NOTE.

      The regulation of the Department of Education filed with the Secretary of State on September 18, 2008 (LCB File No. R061-08), the source of this section, contains the following provisions not included in NAC:

      “1.  A charter school that is sponsored by the State Board of Education which is in operation on September 18, 2008, may continue to operate pursuant to its current written charter until the expiration of that written charter even if the charter school does not satisfy the requirements of sections 2 and 3 of this regulation [NAC 386.204 and 386.403].

      2.  An application to form a charter school for sponsorship by the State Board of Education or to renew a written charter that is sponsored by the State Board which is submitted after September 18, 2008, must comply with the provisions of sections 2 and 3 of this regulation [NAC 386.204 and 386.403].”