386.5515 - Operation: Eligibility for available money for facilities for charter schools that meet certain conditions; requirements for performance audit; exemption from annual performance audit; quar

386.5515  Operation: Eligibility for available money for facilities for charter schools that meet certain conditions; requirements for performance audit; exemption from annual performance audit; quarterly financial report.

      1.  To the extent money is available from legislative appropriation or otherwise, a charter school may apply to the Department for money for facilities if:

      (a) The charter school has been operating in this State for at least 5 consecutive years and is in good financial standing;

      (b) Each financial audit and each performance audit of the charter school required by the Department contains no major notations, corrections or errors concerning the charter school for at least 5 consecutive years;

      (c) The charter school has met or exceeded adequate yearly progress as determined pursuant to NRS 385.3613 or has demonstrated improvement in the achievement of pupils enrolled in the charter school, as indicated by annual measurable objectives determined by the State Board, for the majority of the years of its operation;

      (d) The charter school offers instruction on a daily basis during the school week of the charter school on the campus of the charter school; and

      (e) At least 75 percent of the pupils enrolled in the charter school who are required to take the high school proficiency examination have passed that examination, if the charter school enrolls pupils at a high school grade level.

      2.  A charter school that satisfies the requirements of subsection 1 shall submit to a performance audit as required by the Department one time every 3 years. The sponsor of the charter school and the Department shall not request a performance audit of the charter school more frequently than every 3 years without reasonable evidence of noncompliance in achieving the educational goals and objectives of the charter school based upon the annual report submitted to the State Board pursuant to NRS 386.610. If the charter school no longer satisfies the requirements of subsection 1 or if reasonable evidence of noncompliance in achieving the educational goals and objectives of the charter school exists based upon the annual report, the charter school shall, upon written notice from the sponsor, submit to an annual performance audit. Notwithstanding the provisions of paragraph (b) of subsection 1, such a charter school:

      (a) May, after undergoing the annual performance audit, reapply to the sponsor to determine whether the charter school satisfies the requirements of paragraphs (a), (c), (d) and (e) of subsection 1.

      (b) Is not eligible for any available money pursuant to subsection 1 until the sponsor determines that the charter school satisfies the requirements of that subsection.

      3.  A charter school that does not satisfy the requirements of subsection 1 shall submit a quarterly report of the financial status of the charter school if requested by the sponsor of the charter school.

      (Added to NRS by 2007, 2567; A 2009, 915, 933)