Section 388A.536 - Restrictions on use of weighted lottery for admission; adoption and use of weighted lottery not to be construed as discrimination1. A charter school may develop and use a policy for a weighted lottery for admission that gives preference to one or more categories of pupils over others if the weighting is:(a) Necessary to comply with Title VI of the Civil Rights Act of 1964, 42 U.S.C. §§ 2000d et seq.; Title IX of the Education Amendments of 1972, 20 U.S.C. §§ 1681 et seq.; section 504 of the Rehabilitation Act of 1973, 29 U.S.C. § 794; the Equal Protection Clause of the United States Constitution or any applicable federal or state law or to address the specific deficiency and category of pupils outlined in a court order issued to the charter school or its sponsor; or(b) In favor of one of the following subgroups of educationally disadvantaged pupils: (1) Pupils who are economically disadvantaged;(2) Pupils with disabilities;(4) Pupils with limited English proficiency;(5) Pupils who are neglected or delinquent;(6) Pupils who are homeless; and(7) Pupils whose most recent enrollment was in a public school which received an annual rating established as one of the two lowest ratings possible indicating underperformance at the elementary, middle or high school level pursuant to the statewide system of accountability for public schools.2. A policy for a weighted lottery for admission developed pursuant to paragraph (b) of subsection 1 must identify the weight to be assigned to each category of pupils and justify the use of weights to:(a) Align to the specific vision and mission of the charter school to meet the needs of a category of pupils described in paragraph (b) of subsection 1; or(b) Address specific targets to meet or exceed the percentage of pupils in a category of pupils described in paragraph (b) of subsection 1 for the school district or geographic area in which the charter school is located or, if the charter school accepts pupils from multiple school districts, for this State as a whole.3. A charter school shall not use a weighted lottery for the purpose of creating a charter school exclusively to serve a particular subset of pupils. A charter school that uses a weighted lottery shall continue to implement a broad strategy of outreach, recruitment and retention for all pupils, including, without limitation, educationally disadvantaged pupils as described in paragraph (b) of subsection 1.4. The adoption and use of a weighted lottery which is consistent with federal and state laws and regulations and any federal guidelines relating to charter schools shall not be construed as discrimination in violation of NRS 388A.453 or any other law or regulation relating to charter schools.Nev. Admin. Code § 388A.536
Added to NAC by Dep't of Education by R131-16, eff. 12-19-2017