NRS 388D.270 Requirements for scholarship organization; grants provided by scholarship organization on behalf of pupils; records; report on academic progress of pupils; regulations; consequences of noncompliance.

1,008 words·~5 min read·/nv/chapter-388d-alternative-school-choices/388d-270·

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

1. A scholarship organization must:

(a)Be exempt from taxation pursuant to section 501(c)(3) of the Internal Revenue Code, 26 U.S.C. § 501(c)(3).

(b)Not own or operate any school in this State, including, without limitation, a private school, which receives any grant money pursuant to the Nevada Educational Choice Scholarship Program.

(c)Accept donations from taxpayers and other persons and may also solicit and accept gifts and grants.

(d)Not expend more than 5 percent of the total amount of money accepted pursuant to paragraph

(c)to pay its administrative expenses.

(e)Provide grants on behalf of pupils who are members of a household that has a household income which is not more than 300 percent of the federally designated level signifying poverty to allow those pupils to attend schools in this State chosen by the parents or legal guardians of those pupils, including, without limitation, private schools. The total amount of a grant provided by the scholarship organization on behalf of a pupil pursuant to this paragraph must not exceed $7,755 for Fiscal Year 2015-2016.

(f)Not limit to a single school the schools for which it provides grants.

(g)Except as otherwise provided in paragraph (e), not limit to specific pupils the grants provided pursuant to that paragraph.

2. The maximum amount of a grant provided by the scholarship organization pursuant to paragraph

(e)of subsection 1 must be adjusted on July 1 of each year for the fiscal year beginning that day and ending June 30 in a rounded dollar amount corresponding to the percentage of increase in the Consumer Price Index (All Items) published by the United States Department of Labor for the preceding calendar year. On May 1 of each year, the Department of Education shall determine the amount of increase required by this subsection, establish the adjusted amounts to take effect on July 1 of that year and notify each scholarship organization of the adjusted amounts. The Department of Education shall also post the adjusted amounts on its Internet website.

3. A grant provided on behalf of a pupil pursuant to subsection 1 must be paid directly to the school chosen by the parent or legal guardian of the pupil. Each school that receives such a grant, including, without limitation, a private school, must comply with the requirements set forth in NRS 388D.294 and 388D.296 .

4. A scholarship organization shall provide each taxpayer and other person who makes a donation, gift or grant of money to the scholarship organization pursuant to paragraph

(c)of subsection 1 with an affidavit, signed under penalty of perjury, which includes, without limitation:

(a)A statement that the scholarship organization satisfies the requirements set forth in subsection 1; and

(b)The total amount of the donation, gift or grant made to the scholarship organization.

5. Each school in which a pupil is enrolled for whom a grant is provided by a scholarship organization shall maintain a record of the academic progress of the pupil. The record must be maintained in such a manner that the information may be aggregated and reported for all such pupils. On or before August 1 of each year, each school in which a pupil is enrolled for whom a grant is provided by a scholarship organization shall submit to the Department of Education a report on the academic progress of all such pupils enrolled in the school during the immediately preceding school year. The report must be in such form as the Department may prescribe by regulation and:

(a)Include, without limitation:

(1)The name and grade level of each such pupil;

(2)Information concerning the academic performance of each such pupil, including, without limitation, grades and progress assessments;

(3)Information concerning any disciplinary action taken against each such pupil, including, without limitation, if the pupil was suspended or expelled; and

(4)A comparison of the academic performance of each such pupil during the immediately preceding school year and the school year before that, if the pupil attended the school both years or information is otherwise available for both years.

(b)Be accompanied by a statement signed by the owner, executive head or chair of the governing body of the school certifying under penalty of perjury that, to the best of his or her knowledge or belief, the information included in the report is complete and accurate.

6. The Department of Education:

(a)Shall adopt regulations prescribing the contents of and procedures for applications for grants provided pursuant to subsection 1.

(b)May adopt such other regulations as the Department determines necessary to carry out the provisions of this section.

(c)Shall compile and analyze the data submitted by schools pursuant to subsection 5 to evaluate the impact of the Nevada Educational Choice Scholarship Program and submit, on or before February 1 of each year, an anonymized summary of the data and any recommendations for legislation to:

(1)The Governor;

(2)The State Board; and

(3)The Director of the Legislative Counsel Bureau for transmittal to:

(I)In odd-numbered years, the next regular session of the Legislature; and

(II)In even-numbered years, the Joint Interim Standing Committee on Education.

7. The reporting required pursuant to subsections 5 and 6 must be performed in a manner that complies with the Family Educational Rights and Privacy Act of 1974, 20 U.S.C. § 1232g, and any other applicable state and federal privacy laws.

8. If a school fails to comply with the provisions of subsection 5, the Department of Education may suspend or disqualify the school from receiving grants on behalf of pupils under the Nevada Educational Choice Scholarship Program. A scholarship organization shall not make a grant on behalf of a pupil to a school that has been suspended or disqualified from receiving grants pursuant to this subsection.

9. As used in this section, “private school” has the meaning ascribed to it in NRS 394.103 .