Nev. Admin. Code § 388A.355

Current through December 12, 2024

Section 388A.355 - Closure: Duties of governing body, sponsor and Department; failure of compliance by licensed teacher who is member of governing body

1. If the governing body of a charter school makes a voluntary decision to close the charter school, the charter contract is terminated or if the operation of the charter school is otherwise terminated for any reason, the governing body shall:

(a) Not less than 30 days before the closure of the charter school, provide written notice of the closure to the Department, the sponsor of the charter school, the employees of the charter school, the parent or legal guardian of each pupil enrolled in the charter school, the Director of the Department of Business and Industry, the creditors of the charter school and the board of trustees of each school district in which a pupil enrolled in the charter school resides. The written notice must include:

(1) The reason for the closure;

(2) The date of the closure;

(3) The date of the meeting of the governing body on which the determination was made to close the charter school, if applicable;

(4) The name of the administrator or other qualified person appointed pursuant to NRS 388A.306 to act as a trustee and information on how that person may be contacted;

(5) A statement of the governing body's plan to assist pupils to identify and transfer to other schools; and

(6) The address, telephone number and hours of operation of the office that the charter school is required to maintain pursuant to paragraph (d) of subsection 1 of NRS 388A.306.

(b) Not less than 30 days before the closure of the charter school, submit to the sponsor of the charter school all records pertinent to:

(1) The indebtedness of the charter school, if any; and

(2) Any property of the charter school that is encumbered.

(c) Ensure that all information required by NRS 385A.820 for inclusion in the automated system of accountability information for Nevada is current to the date of the closure.

(d) Return any remaining restricted assets to their source, such as grant money and money contained in restricted categorical funds.

(e) Create a current and projected payroll and payroll benefits commitment, listing each employee, each employment position and the amount of money required to satisfy existing contracts.

(f) Submit to the sponsor of the charter school a report of the income tax documentation for the employees of the charter school.

(g) Ensure that the outstanding obligations of the charter school are settled after closure of the charter school, including, without limitation, unemployment compensation, employee benefits, resolution of the lease agreement for the charter school, if applicable, and final balances for utilities and other costs.

(h) Provide to the Department and the sponsor of the charter school:

(1) Not later than 6 months after closure of the charter school, the results of an independent audit, including, without limitation, the net assets and net liabilities of the charter school; and

(2) The annual report of budget required by NRS 388A.345.

2. Upon notification of the closure of a charter school, the Department and the sponsor of the charter school shall each notify the governing body of the charter school of any outstanding liabilities owed by the charter school to the Department or the sponsor, as applicable.

3. The sponsor of the charter school shall conduct a physical inspection of the charter school to confirm that all equipment, supplies and textbooks are on the premises of the charter school.

4. The governing body of the charter school shall ensure that all money received by the charter school from this State that is unencumbered is returned to the Department and placed in an escrow account for the purpose of satisfying any outstanding obligations of the charter school. One year after the establishment of the escrow account, the Department will transfer the balance remaining in that account to the State Distributive School Account created pursuant to NRS 387.030.

5. If a licensed teacher who is a member of the governing body of a charter school fails to comply with subsection 1 or 4, the sponsor of the charter school or the Superintendent of Public Instruction may consider whether such failure to comply constitutes grounds for suspension or revocation of the license of the teacher pursuant to NRS 391.330 and whether appropriate action is warranted in accordance with NRS 391.320 to 391.361, inclusive.

Nev. Admin. Code § 388A.355

Added to NAC by Dep't of Education by R057-04, eff. 8-25-2004; A by R169-07, 9-18-2008; R035-14, 12-22-2014; R035-14, 12-22-2014, eff. 7-1-2020 - Substituted in revision for NAC 386.335

NRS 388A.105, 388A.110, 388A.306