Nev. Admin. Code § 388A.175

Current through December 12, 2024

Section 388A.175 - Grounds for denial by proposed sponsor of application to form charter school

1. A proposed sponsor shall not approve an application to form a charter school if:

(a) The application does not satisfy the requirements of subsection 3 of NRS 388A.249;

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

(c) The application does not demonstrate a commitment to serving the category or categories of pupils that the proposed charter school intends to serve.

2. A proposed sponsor may deny an application to form a charter school if the proposed sponsor determines that the educational program proposed for the charter school 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 purpose, vision, educational philosophy, mission and goals for the proposed charter school as included in the application pursuant to NRS 388A.246;

(c) Aligned with the educational needs of the category or categories of pupils that the proposed charter school intends to serve; or

(d) Supported by sound evidence, as provided by the applicant, which demonstrates the effectiveness of the educational program proposed for the charter school.

3. The proposed sponsor may deny an application to form a charter school if the proposed sponsor 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 388A.246.

4. The proposed sponsor may deny an application to form a charter school if the proposed sponsor 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.

5. The proposed sponsor may deny an application to form a charter school if the proposed sponsor 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 NRS 388A.393.

6. The proposed sponsor may deny an application to form a charter school if:

(a) The application fails to comply with the policies and practices developed by the proposed sponsor pursuant to subsection 2 of NRS 388A.223.

(b) The proposed sponsor determines that the committee to form a charter school is unlikely to:

(1) Develop and implement the educational program described in the application;

(2) Manage public funds effectively and responsibly; or

(3) Comply with the legal obligations of the charter school.

(c) The committee to form the charter school:

(1) Intends to enter into a contract with an educational management organization; and

(2) Does not demonstrate in the application that the educational management organization has successfully managed school functions and achieved academic goals for the category or categories of pupils that the proposed charter school intends to serve.

Nev. Admin. Code § 388A.175

Added to NAC by Dep't of Education by R061-08, eff. 9-18-2008; A by R035-14, 12-22-2014 - Substituted in revision for NAC 386.204

NRS 388A.105, 388A.110, 388A.168, 388A.249

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 section 2 of this regulation [NAC 388A.175 ].

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 section 2 of this regulation [NAC 388A.175 ]."