Section 388A.330 - Reconstitution of governing body of charter school or termination of charter contract by sponsor: Grounds; written notice; opportunity to correct deficiencies; public hearing; notice to Department; limitation on reconstitution; continued operation and limited enrollment under certain circumstances Except as otherwise provided in NRS 388A.300:
1. Except as otherwise provided in subsection 6, the sponsor of a charter school may reconstitute the governing body of a charter school or terminate a charter contract before the expiration of the charter if the sponsor determines that:(a) The charter school, its officers or its employees: (1) Committed a material breach of the terms and conditions of the charter contract;(2) Failed to comply with generally accepted standards of fiscal management; or(3) Failed to comply with the provisions of this chapter or any other statute or regulation applicable to charter schools;(b) The charter school has filed for a voluntary petition of bankruptcy, is adjudicated bankrupt or insolvent, or is otherwise financially impaired such that the charter school cannot continue to operate;(c) There is reasonable cause to believe that reconstitution or termination is necessary to protect the health and safety of the pupils who are enrolled in the charter school or persons who are employed by the charter school from jeopardy, or to prevent damage to or loss of the property of the school district or the community in which the charter school is located;(d) The committee to form the charter school or charter management organization, as applicable, or any member of the committee to form the charter school or charter management organization, as applicable, or the governing body of the charter school has at any time made a material misrepresentation or omission concerning any information disclosed to the sponsor;(e) The charter school operates a high school that has a graduation rate for the immediately preceding school year that is less than 60 percent;(f) The charter school operates an elementary or middle school or junior high school that is rated in the lowest 5 percent of elementary schools, middle schools or junior high schools in the State in pupil achievement and school performance for the immediately preceding school year, as determined by the Department pursuant to the statewide system of accountability for public schools; or(g) The charter school has persistently underperformed, including, without limitation, underperformance in pupil achievement and school performance, as determined by the Department pursuant to criteria prescribed by regulation.2. Before the sponsor reconstitutes a governing body or terminates a charter contract, the sponsor shall provide written notice of its intention to the governing body of the charter school. The written notice must:(a) Include a statement of the deficiencies or reasons upon which the action of the sponsor is based;(b) Except as otherwise provided in subsection 4, prescribe a period, not less than 30 days, during which the charter school may correct the deficiencies, including, without limitation, the date on which the period to correct the deficiencies begins and the date on which that period ends;(c) Prescribe the date on which the sponsor will make a determination regarding whether the charter school has corrected the deficiencies, which determination may be made during the public hearing held pursuant to subsection 3; and(d) Prescribe the date on which the sponsor will hold a public hearing to consider whether to reconstitute the governing body or terminate the charter contract.3. Except as otherwise provided in subsection 4, not more than 90 days after the notice is provided pursuant to subsection 2, the sponsor shall hold a public hearing to make a determination regarding whether to reconstitute the governing body or terminate the charter contract. If the charter school corrects the deficiencies to the satisfaction of the sponsor within the time prescribed in paragraph (b) of subsection 2, the sponsor shall not reconstitute the governing body or terminate the charter contract of the charter school. The sponsor may not include in a written notice pursuant to subsection 2 any deficiency which was included in a previous written notice and which was corrected by the charter school, unless the deficiency recurred after being corrected or the sponsor determines that the deficiency is evidence of an ongoing pattern of deficiencies in a particular area.4. The sponsor of a charter school and the governing body of the charter school may enter into a written agreement that prescribes different time periods than those set forth in subsections 2 and 3.5. If the governing body of a charter school is reconstituted or the charter contract is terminated, the sponsor of the charter school shall submit a written report to the Department and the governing body of the charter school setting forth the reasons for the reconstitution or termination, as applicable, not later than 10 days after reconstituting the governing body or terminating the charter contract.6. The governing body of a charter school may not be reconstituted if it has been previously reconstituted.7. If the sponsor of a charter school determines that not all of the elementary, middle or high schools in or campuses of the charter school meet the criteria described in paragraphs (a) to (g), inclusive, of subsection 1 and that the charter school can remain financially viable if the charter school continues to operate and serve only the elementary, middle or high schools or campuses which do not meet the criteria described in those paragraphs, the sponsor may amend the charter contract to eliminate the elementary, middle or high schools or campuses that meet the criteria described in paragraphs (a) to (g), inclusive, of subsection 1 and limit the enrollment in all other elementary, middle or high schools in or campuses of the charter school.Added to NRS by 1997, 1848; A 1999, 3296; 2005, 2401; 2011, 3051; 2013, 2922, 2923; 2015, 3280; 2017, 3392, 3394; 2021, 323Amended by 2021, Ch. 80,§5, eff. 7/1/2021.Amended by 2017, Ch. 506,§24.5, eff. 1/1/2020.Amended by 2017, Ch. 506,§24, eff. 7/1/2017.Amended by 2013, Ch. 484,§10.5, eff. 1/1/2020.Amended by 2015, Ch. 516,§27, eff. 1/1/2016.Amended by 2013, Ch. 484,§10, eff. 6/11/2013.