2023 Nevada Revised Statutes › Chapter 388A - Charter Schools › NRS 388A.306 - Closure of charter school; duties of governing body; written notice; written plan for closure; financial affairs of charter school; appointment, duties and financial compensation of trustee.

1. If a charter school ceases to operate voluntarily, if a charter contract is not renewed or if a charter contract is terminated and the sponsor does not recruit a governing body of another charter school to operate another campus of the other charter school to replace the charter school whose charter contract is terminated pursuant to NRS 388A.303, as applicable, the governing body of the charter school shall:
(a) Give written notice of the closure to:
(1) The sponsor of the charter school, unless the closure results from the non-renewal or termination of a charter contract;
(2) The Director of the Department of Business and Industry;
(3) The board of trustees of the school district in which the charter school is located, unless the board of trustees is the sponsor of the charter school and the closure results from the non-renewal or termination of a charter contract;
(4) The Department;
(5) The parents or legal guardians of the pupils enrolled in the charter school; and
(6) The creditors of the charter school;
(b) Except as otherwise provided in subsections 4 and 5, appoint an administrator of the charter school, subject to the approval of the sponsor of the charter school, to act as a trustee during the process of the closure of the charter school and for 1 year after the date of closure;
(c) As soon as practicable, develop and present to the sponsor of the charter school a written plan for the closure of the charter school;
(d) Maintain an office at the charter school or elsewhere, with regular hours of operation and voice messaging stating the hours of operation;
(e) Maintain existing insurance coverage in force for the period required by the sponsor of the charter school;
(f) Conduct a financial audit and an inventory of all the assets of the charter school and cause a written report of the audit and inventory to be prepared for the sponsor of the charter school and the Department;
(g) Prepare a written list of the creditors of the charter school, identifying secured creditors and the assets in which those creditors have a security interest;
(h) Supply any information or documents required by the sponsor of the charter school; and
(i) Protect all the assets of the charter school from theft, misappropriation, deterioration or other loss.
2. The notice of the closure required by subsection 1 must include:
(a) The date of closure;
(b) A statement of the plan of the charter school to assist pupils to identify and transfer to another school; and
(c) The telephone number, mailing address and physical address of the office required by subsection 1.
3. The administrator appointed pursuant to subsection 1 shall carry out the duties prescribed for the governing body of the charter school by paragraphs (c) to (i), inclusive, of subsection 1 if the governing body ceases to exist or is otherwise unable to perform those duties and shall assume the responsibility for the records of the:
(a) Charter school;
(b) Employees of the charter school; and
(c) Pupils enrolled in the charter school.
4. If an administrator for the charter school is no longer available to carry out the duties set forth in subsection 3, the governing body of the charter school shall appoint a qualified person to assume those duties.
5. If the governing body of the charter school ceases to exist or is otherwise unable to appoint an administrator pursuant to subsection 1 or a qualified person pursuant to subsection 4, the sponsor of the charter school shall appoint an administrator or a qualified person to carry out the duties set forth in subsection 3.
6. In addition to performing the duties set forth in subsection 3, the administrator appointed by the governing body of the charter school or the sponsor, or the qualified person appointed to carry out the duties of the administrator, shall:
(a) Cause to be paid and discharged all the liabilities and obligations of the charter school to the extent of the charter school’s assets;
(b) Terminate any lease, service agreement or any other contract of the charter school that is not necessary to complete the closure of the charter school;
(c) Supply any information or documents required by the sponsor of the charter school; and
(d) After the financial affairs of the charter school have been wound up and the closure of the charter school has otherwise been completed, cause a financial audit to be prepared and cause a written report of the audit to be prepared for the sponsor of the charter school and the Department.
7. The governing body of the charter school or the sponsor of the charter school may, to the extent practicable, provide financial compensation to the administrator or person appointed to carry out the provisions of this section. If the sponsor of the charter school provides such financial compensation, the sponsor is entitled to receive reimbursement from the charter school for the costs incurred by the sponsor in providing the financial compensation. Such reimbursement must not exceed costs incurred for a period longer than 6 months.
(Added to NRS by 2007, 1255; A 2009, 933; 2013, 1596, 2924, 2925; 2015, 3282, 3284)