NAC386.202. Review of and restrictions on application to form charter school submitted to Subcommittee on Charter Schools after previous denials of application; approval or denial of application by State Board of Education.

     1. If the Subcommittee on Charter Schools receives an application to form a charter school pursuant to subsection 4 of NRS 386.525 after the application has been denied twice by the board of trustees of a school district or a college or university within the Nevada System of Higher Education:

     (a) The staff of the Department, acting on behalf of the State Board of Education, shall verify the contents of the application by:

          (1) Performing a physical inspection of the location of the proposed charter school, if applicable;

          (2) Consulting with the members of the committee to form the charter school and, when appropriate, the proposed administrators and staff members of the proposed charter school; and

          (3) Performing any other investigation necessary or useful in verifying the contents of the application.

     (b) The application that is submitted to the State Board of Education must be the same application that was denied by the board of trustees, the college or the university, as applicable, except that it may be revised in response to concerns stated by the board of trustees, the college or the university, as applicable, in its second denial of the application if such a revision does not significantly alter the application.

     2. Within 20 days after an application is received by the Subcommittee on Charter Schools, the Department will review the application and determine whether the application:

     (a) Complies with NRS 386.500 to 386.610, inclusive, and the regulations applicable to charter schools; and

     (b) Is complete in accordance with the regulations of the Department.

     3. Within 30 days after an application is received by the Subcommittee on Charter Schools, the Department will provide to the applicant its findings pursuant to subsection 2, including the items that are incomplete or noncompliant. The Department may hold a meeting with the applicant or provide the information required by this subsection in another format suitable to the applicant.

     4. Within 30 days after an application is received by the Subcommittee on Charter Schools, the Department will provide to the State Board of Education:

     (a) The findings of the Department pursuant to subsection 2;

     (b) The reasons for the first and second denial of the application by the board of trustees of a school district or a college or university within the Nevada System of Higher Education;

     (c) A copy of the proposed written agreement if the State Board approves the application pursuant to subsection 5 of NRS 386.527 or a copy of the proposed written agreement if the State Board approves the application pursuant to subsection 7 of NRS 386.527; and

     (d) Any other information the Department determines is necessary for the State Board in its review of the application.

     5. Other than material required to convert a written charter issued by the State Board of Education pursuant to subsection 7 of NRS 386.527 to a written charter issued pursuant to subsection 5 of NRS 386.527, no additional application material will be accepted from the applicant after the submission referred to in subsection 1 unless specifically requested by the State Board, the Subcommittee on Charter Schools or the Department to assist in the review of the application.

     6. At the meeting described in subsection 5 or 6 of NRS 386.525, as applicable, the Subcommittee on Charter Schools or the State Board of Education, as applicable, shall:

     (a) Consider the application in accordance with NAC 386.204 along with any reports generated by the employees of the Department and, if the application was previously denied by:

          (1) The board of trustees of a school district, any reports generated by the employees of that school district pursuant to NAC 386.200; or

          (2) A college or university within the Nevada System of Higher Education, any reports generated by the employees of that institution; and

     (b) Determine whether the application complies with all applicable state and federal statutes and regulations.

     7. After the Subcommittee on Charter Schools holds a meeting pursuant to subsection 5 of NRS 386.525, the Subcommittee shall immediately transmit to the State Board of Education a recommendation for approval or denial of the application by the State Board. The Subcommittee shall not delay in the transmission of its recommendation.

     8. The State Board of Education shall comply with the provisions of NAC 386.204 or 386.403 to determine whether to deny an application for a written charter.

     9. A written charter may be granted pursuant to subsection 7 of NRS 386.527 if the applicant is not prepared to commence operation. If such a charter is granted, the provisions of NAC 386.240 apply.

     10. If the State Board of Education denies an application, it shall forward a copy of the written notice of the denial, including, without limitation, the reasons for the denial, to the Department within 5 days after the decision to deny the application is made.

     11. If the State Board of Education approves an application, the:

     (a) Written charter must include the application, as approved, and a written agreement signed by the President of the State Board and the charter school.

     (b) Written notice provided to the Department pursuant to NRS 386.527 indicating approval of the application must include the written charter.

     (Added to NAC by Dep’t of Education by R078-03, 1-23-2004; A by R044-05, 10-31-2005; R171-05, 2-23-2006; R169-07, 9-18-2008; R061-08, 9-18-2008)