NRS 385A.915. Designation of focus school district or sponsor of charter school; designation of priority school district or sponsor of charter school; proposal of specific tiered interventions [Effective July 1, 2026.]

1. 1. The Superintendent of Public Instruction:

   1. (a) Shall designate a school district or sponsor of a charter school as a focus school district or sponsor of a charter school if:

      1. (1) The Department has determined that the school district or sponsor of the charter school has failed to meet the district-wide or sponsor-wide achievement targets and performance targets, as applicable, established pursuant to the statewide system of accountability for public schools; or
      2. (2) The school district or sponsor of the charter school receives one of the two lowest ratings of performance pursuant to the statewide system of accountability for public schools.

   2. (b) May designate a school district or sponsor of a charter school as a focus school district or sponsor of a charter school if:

      1. (1) The administration of the school district or the sponsor of the charter school is characterized by instability or unsatisfactory performance in leadership, including, without limitation, a dismissal, resignation or removal of the superintendent of schools of the school district, that has a significant impact on the operations of the school district or the sponsor of the charter school and the educational outcomes for pupils;
      2. (2) The resignation or removal of members of the board of trustees of the school district or the sponsor of the charter school results in multiple vacancies that disrupt the continuity of leadership of the school district or the sponsor of the charter school and impacts the ability of the board of trustees to effectively govern the school district or charter school;
      3. (3) The school district or sponsor of the charter school experiences an unexpected and severe financial hardship, including, without limitation, a financial hardship resulting from financial malfeasance, financial mismanagement or any other condition, that threatens the fiscal stability and operational capacity of the school district or sponsor of the charter school; or
      4. (4) Based on data and information concerning the achievement and performance of pupils enrolled in public schools in the school district or sponsored by the sponsor of charter schools, the allocation of resources by the school district or the sponsor of the charter school or the availability of educational programs among public schools in the school district or sponsored by the sponsor of charter schools and specific groups of pupils enrolled in those schools, the school district or sponsor of the charter school is characterized by systemic inequity in educational access, resources or outcomes among specific groups of pupils, including, without limitation, among pupils who are economically disadvantaged, pupils from major racial and ethnic groups, pupils with disabilities and pupils who are English learners.

   3. (c) May designate a school district or sponsor of a charter school as a focus school district or sponsor of a charter school if a state of emergency for the school district or sponsor of the charter school is declared. Such a state of emergency may be declared if:

      1. (1) The Governor, the State Board or the Chair of the Legislative Commission issues a written complaint to the board of trustees of a school district or the sponsor of a charter school that identifies a material noncompliance with any state law by the board of trustees of the school district or the sponsor of the charter school;
      2. (2) The board of trustees of the school district or the sponsor of the charter school does not provide a satisfactory plan of correction within 60 days after receiving the written complaint;
      3. (3) After the time to provide a plan of correction has elapsed, the State Board finds the school district or sponsor of the charter school has engaged in a material noncompliance with state law and votes to recommend impaneling the Public Education Oversight Board pursuant to NRS 386.411; and

      4. (4) The Superintendent of Public Instruction formally declares a state of emergency, specifying:

         1. (I) The actions that failed to comply with state law;
         2. (II) The date of the first meeting of the Public Education Oversight Board, which must occur not later than 30 days after the declaration of a state of emergency;
         3. (III) The date on which the state of emergency terminates, which must occur not later than 90 days after the state of emergency is declared; and
         4. (IV) That the state of emergency may be extended for an additional 90 days if a majority of members of the Public Education Oversight Board vote to do so.

2. 2. The Superintendent of Public Instruction shall designate a school district or sponsor of a charter school as a priority school district or sponsor of a charter school if:

   1. (a) For at least 2 consecutive school years, the Superintendent has designated the school district or sponsor of the charter school as a focus school district of sponsor of a charter school pursuant to subsection 1; or

   2. (b) The Superintendent:

      1. (1) Designated the school district or sponsor of the charter school as a focus school district or sponsor of a charter school pursuant to subsection 1 in the current or the immediately preceding school year; and
      2. (2) Determines that one or more of the conditions set forth in paragraph (b) of subsection 1 exist for the school district or sponsor of the charter school.
3. 3. Upon designating a school district or sponsor of a charter school as a focus or priority school district or sponsor of a charter school pursuant to this section, the Superintendent of Public Instruction shall propose specific tiered interventions consistent with the statewide system of accountability for public schools. Such interventions must be approved by the Public Education Oversight Board impaneled pursuant to NRS 386.411 before implementation.

(Added to NRS by 2025, 3358, effective July 1, 2026)