1. The Superintendent of Public Instruction may terminate a period of probation imposed on a school district or sponsor of a charter school pursuant to NRS 386.412 if, not later than 2 school years after the commencement of the period of probation, the Superintendent finds that: (a) The school district or sponsor of the charter school has made adequate progress, as defined in the regulations adopted by the Superintendent pursuant to subsection 13, toward meeting the goals and benchmarks necessary for the school district or sponsor of the charter school to no longer be designated as a priority school district or sponsor of a charter school pursuant to NRS 385A.915 ; and (b) The board of trustees of the school district or the sponsor of the charter school has made adequate progress, as defined in the regulations adopted by the Superintendent pursuant to subsection 13, in implementing the school board or sponsor of a charter school improvement plan such that the school district or sponsor of the charter school is not likely to experience a condition described in paragraph (b) of subsection 1 of NRS 385A.915 . 2. If, after implementing a school board or sponsor of a charter school improvement plan for 2 school years, the Superintendent of Public Instruction finds that: (a) The school district or sponsor of the charter school has failed to make adequate progress, as defined in the regulations adopted by the Superintendent pursuant to subsection 13, toward meeting the goals and benchmarks necessary for the school district or sponsor of the charter school to no longer be designated as a priority school district or sponsor of a charter school pursuant to subsection 2 of NRS 385A.915 ; or (b) The board of trustees of the school district or the sponsor of the charter school has failed to make adequate progress, as defined in the regulations adopted by the Superintendent pursuant to subsection 13, in implementing the school board or sponsor of a charter school improvement plan such that the school district or sponsor of the charter school is not likely to experience a condition described in paragraph (b) of subsection 1 of NRS 385A.915 , the Superintendent of Public Instruction shall notify the Public Education Oversight Board impaneled pursuant to NRS 386.411 and propose specific targeted oversight measures pursuant to subsection 3 or state oversight of the governance and operations of the board of trustees of the school district or the charter school sponsored by the sponsor of the charter school pursuant to subsection 4. The Public Education Oversight Board must approve any oversight measures proposed pursuant to this subsection before implementation of such measures. 3. If, pursuant to subsection 2, the Public Education Oversight Board approves the implementation of targeted oversight measures, the Superintendent of Public Instruction may: (a) Have direct involvement in the processes of decision making by the board of trustees or sponsor of the charter school on matters of governance; (b) Establish specific governance and operational mandates for the board of trustees or sponsor of the charter school that are designed to improve school district or sponsor performance and accountability; (c) Evaluate and monitor, on an ongoing basis, the performance of the school district and sponsor of the charter school and its adherence to improvement requirements; (d) Appoint a state monitor to oversee the activities of the board of trustees or sponsor of the charter school to ensure compliance with state education laws and regulations; or (e) Engage in any combination of the actions described in paragraphs (a) to (d), inclusive. 4. If, pursuant to subsection 2, the Public Education Oversight Board approves the initiation of state oversight proposed by the Superintendent of Public Instruction pursuant to this section, the Governor, not later than 30 days after receiving notification that the Public Education Oversight Board has approved the initiation of state oversight, may appoint a state monitor. The state monitor must: (a) Be a person with expertise in governance, leadership and management, with a record of improving the outcomes of an underperforming organization; (b) Undergo a review by the Department to ensure there are no conflicts of interest with the school district or board of trustees of the school district or the sponsor of the charter school; and (c) Be compensated by the board of trustees of the school district or sponsor of the charter school at a rate determined by the Superintendent of Public Instruction. Such compensation must be paid from the budget of the school district or sponsor of the charter school, with any necessary budget adjustments or augmentations made to accommodate the expenditure in the current fiscal year or any future fiscal year. 5. If a school district or sponsor of a charter school is designated as a priority school district or sponsor of a charter school for 5 consecutive school years and the board of trustees of the school district or sponsor of the charter school has failed to make adequate progress, as defined in the regulations adopted by the Superintendent of Public Instruction pursuant to subsection 13, in executing the school board or sponsor of a charter school improvement plan, the Superintendent may propose additional measures to the Public Education Oversight Board to ensure that the educational needs of pupils are met. Such additional measures must be approved by the Public Education Oversight Board before implementation and may include, without limitation: (a) The reassignment of some or all of the powers, roles and responsibilities of the board of trustees of a school district or the sponsor of a charter school pursuant to this chapter or chapter 388A, as applicable, to the Superintendent, or his or her designee, to address chronic underperformance. The specific powers, roles and responsibilities reassigned must be specified by the Governor in the executive order, upon consultation with the Superintendent to ensure the reassignment is in alignment with the school board or sponsor of a charter school improvement plan, and may include, without limitation: (1) Oversight of financial management and resource allocation; (2) Governance and any operational decision-making authority defined within current policies; and (3) Implementation of policies and programs to address identified deficiencies. (b) The appointment of additional members to the board of trustees of the school district, as needed, to stabilize the governance structure and ensure proper expertise is available to address chronic underperformance. Members appointed pursuant to this paragraph must: (1) Possess expertise in governance, education, financial management or organizational leadership; (2) Serve for a term specified by the Superintendent, not exceeding 3 years, with an option for reappointment based on demonstrated progress; and (3) Be voting members of the board of trustees. (c) The establishment of a state management team to assume governance authority over the operations of the board of trustees of the school district or the sponsor of the charter school. 6. Any action taken pursuant to subsection 5 remains in effect until the Department determines that the board of trustees or the sponsor of the charter school has made adequate progress, as defined in the regulations adopted by the Superintendent of Public Instruction pursuant to subsection 13, that is sufficient to warrant the termination of state oversight as specified in subsection 10. Upon the expiration of any action taken pursuant to subsection 5, any reassigned powers, roles or responsibilities revert to the elected board of trustees or the sponsor of the charter school, any additional members of the board of trustees appointed pursuant to subsection 5 no longer serve as members of the board of trustees and the state management team is dissolved. 7. During the period additional measures initiated pursuant to paragraph (c) of subsection 5 are in effect, the state management team, under the direction of the Superintendent of Public Instruction, shall assume the governance responsibilities of the board of trustees of the school district or sponsor of the charter school, including oversight of: (a) Financial management and resource allocation; (b) Governance and any operational decision-making; (c) Implementation of policies and programs; and (d) Community engagement. 8. The Department shall conduct annual evaluations of the progress of a school district or sponsor of a charter school placed under a state management team pursuant to subsection 5. If the school district or sponsor of the charter school demonstrates substantial improvement, the Superintendent of Public Instruction may initiate a phased return to local governance. 9. If the school district or sponsor of the charter school fails to make adequate progress, as defined in the regulations adopted by the Superintendent of Public Instruction pursuant to subsection 13, the Superintendent may propose an extension of state intervention for up to 3 additional years. This extension must be approved by the Public Education Oversight Board. 10. State oversight initiated pursuant to this section must be terminated when the Superintendent of Public Instruction determines that the board of trustees of the school district or sponsor of the charter school have achieved measurable and sustained progress. 11. For a period of 3 years following the return to local governance, the Department shall monitor the board of trustees of the school district or the sponsor of the charter school concerning compliance with its school board or sponsor of a charter school improvement plan. 12. The Department shall post on the Internet website maintained by the Department all reports and evaluations related to oversight measures implemented pursuant to this section in a manner that ensures transparency and accountability. 13. The Superintendent of Public Instruction shall adopt regulations for determining adequate progress based on criteria which may include, without limitation: (a) Implementation of governance strategies and actions outlined in the approved school board or sponsor of a charter school improvement plan; (b) Measurable progress toward benchmarks established in the school district or sponsor of a charter school performance improvement plan submitted pursuant to NRS 386.412 ; (c) Sustained improvements verified by the Department; and (d) Compliance with state laws and regulations relating to education.
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