Section 388A.315 - Amendment of charter contract: Request to occupy new or additional facility1. If the governing body of a charter school wishes to amend its charter contract pursuant to NRS 388A.276 to occupy a new or additional facility, including, without limitation, a facility that will be used by a charter school that provides a program of distance education pursuant to NRS 388.820 to 388.874, inclusive, the governing body of the charter school must submit to the sponsor of the charter school a written request for such an amendment: (a) If the facility has been constructed and needs no renovation before it may be occupied by the charter school, not later than 15 days before the date on which the charter school proposes to occupy the facility; or(b) If the facility has not been constructed or needs renovation before it may be occupied by the charter school, not later than 15 days before the date on which the construction or renovation is scheduled to begin.2. The written request must include, without limitation: (a) The address of the facility.(b) The type of facility.(c) A floor plan of the facility, including a notation of the size of the facility which is set forth in square feet.(d) The name and address of the owner of the facility.(e) If the facility will be leased or rented, a copy of the proposed lease or rental agreement.(f) If the facility has been constructed and needs no renovation before it may be occupied by the charter school: (1) A copy of the certificate of occupancy for the facility; and(2) Documents which indicate that the facility has been inspected and meets the requirements of any applicable building codes, codes for the prevention of fire, and codes pertaining to safety, health and sanitation.(g) If the facility has not been constructed or needs renovation before it may be occupied by the charter school, an explanation of the plans for the construction or renovation, including, without limitation, a timeline for the completion of the construction or renovation.(h) Evidence which demonstrates that the governing body of the charter school has communicated with the Division of Industrial Relations of the Department of Business and Industry regarding compliance with the federal Occupational Safety and Health Act of 1970, as amended.(i) Documentation which demonstrates that the governing body of the charter school has obtained the insurance required by NAC 388A.190 for the proposed facility.3. The sponsor of the charter school shall:(a) If the proposed facility has been constructed and needs no renovation before it may be occupied by the charter school, perform a physical inspection of the proposed facility or assign a designee to perform the inspection.(b) Review the written request submitted pursuant to subsection 1 to determine if the written request: (1) Complies with NRS 388A.010 to 388A.640, inclusive, and the regulations applicable to charter schools; and(2) Is complete in accordance with the regulations of the Department.4. Not later than 10 business days after receipt of the written request submitted pursuant to subsection 1, the sponsor of the charter school shall provide written notice to the governing body of the charter school of its findings pursuant to subsection 3, including any items that are incomplete or noncompliant. Written notice informing the governing body of a charter school that the written request is incomplete or noncompliant shall be deemed denial of the written request.5. The sponsor of the charter school may deny the written request if:(a) The sponsor finds that the written request is not compliant or complete; or(b) The charter school was not rated in the first, second or third highest tier during the last rating of the charter school pursuant to the statewide system of accountability for public schools.6. The governing body of a charter school shall not amend its charter contract until the governing body has received written notice of approval of the written request from the sponsor of the charter school.7. If the facility has not been constructed or needs renovation before it may be occupied by the charter school, before the charter school may occupy the facility:(a) The governing body of the charter school must submit to the sponsor of the charter school:(1) A copy of the certificate of occupancy for the facility; and(2) Documents which indicate that the facility has been inspected and meets the requirements of any applicable building codes, codes for the prevention of fire, and codes pertaining to safety, health and sanitation; and(b) The sponsor, or the sponsor's designee, must perform a physical inspection of the facility.Nev. Admin. Code § 388A.315
Added to NAC by Dep't of Education by R071-10, eff. 10-15-2010; A by R035-14, 12-22-2014; R035-14, 12-22-2014, eff. 1-1-2020 - Substituted in revision for NAC 386.3265NRS 388A.105, 388A.110, 388A.168, 388A.276