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AB 39

Revises provisions governing charter schools. (BDR 34-259)

2025 Regular Session

AB 39 designates the sponsoring NSHE college/university or city/county as the LEA for charter schools, shifting LEA duties from SPCSA to the sponsors.

Approved by the Governor. Chapter 219.
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Bill Summary · AB 39

AB 39 — Revises provisions governing charter schools (BDR 34‑259)

Status: Approved by the Governor — Chapter 219, Statutes of 2025
Introduced: December 2, 2024
Primary sponsor/author: Committee on Education (on behalf of the State Public Charter School Authority); Author: Zbur. Coauthors: Stern, Allen.

Purpose / intent

AB 39 updates Nevada law governing the State Public Charter School Authority (SPCSA) and clarifies which entities serve as the local educational agency (LEA) for charter schools. The bill revises SPCSA membership rules, conflict‑of‑interest standards, eligibility of educators to serve on the Authority, and documentation required for charter renewal. It also reassigns LEA responsibilities for charter schools to the sponsoring college/university (NSHE) or city/county that sponsors a school.

Key provisions

  • SPCSA membership and governance

    • Confirms the Authority has nine voting members and prescribes appointment sources (Governor, legislative leaders, State Board of Education, Charter School Association).
    • Voting members must be at least 21 years old.
    • Training requirements and quorum/meeting rules are clarified to apply to voting members (majority of voting members constitutes a quorum).
    • Membership composition guidance emphasizes educational expertise, representation (including a parent/guardian), and geographic/ethnic diversity.

  • Eligibility and conflicts of interest

    • Revises eligibility criteria for members who are teachers or administrators: removes a prior blanket prohibition tied to historic low statewide ratings and instead requires that the employing charter school be “in good standing” under its charter contract/performance framework.
    • Clarifies conflict‑of‑interest prohibitions to explicitly cover business or financial interests involving educational management organizations (EMOs) or charter management organizations (CMOs).

  • Local educational agency (LEA) designation

    • Deems a college or university within the Nevada System of Higher Education (NSHE) or a city or county that sponsors a charter school to be the LEA for that charter school for all state and federal purposes.
    • Removes the prior requirement that such sponsors enter into agreements with SPCSA to provide necessary LEA functions — shifting statutory LEA responsibility to the sponsoring entity.

  • Charter renewal documentation

    • Clarifies that any supplemental information submitted to support a charter renewal must be distinct from the sponsor’s previously submitted performance report and any written response to it.

Who is affected / likely impacts

  • Sponsors (NSHE institutions, cities, counties): will be statutory LEAs for charter schools they sponsor, making them responsible under state and federal law for special education, FAPE, and directing certain grant funds — potentially exposing sponsors to new administrative and fiscal responsibilities/liabilities.
  • SPCSA: oversight, sponsorship, and LEA responsibilities are clarified; some LEA duties may be shifted away from SPCSA when local sponsors serve as LEAs.
  • Charter schools and students: clearer lines of accountability for complaints, special education, and funding; possible changes in oversight relationships.
  • Local governments and NSHE: bill contains an unfunded mandate; fiscal notes indicate possible local fiscal impact.

Procedural / timeline highlights

  • Assembly introduction: Dec 2, 2024.
  • Multiple committee hearings and amendments (including Senate Amendment No. 772).
  • Enrolled and sent to Governor: Sept 23, 2025.
  • Approved by Governor / chaptered: Oct 6, 2025 (Chapter 219, Statutes of 2025).
  • Fiscal notes and analyses prepared by Nevada Department of Education, NSHE, SPCSA and local school districts; the measure was identified as containing an unfunded mandate.

Additional notes

  • Sponsor documents indicate the measure was advanced on behalf of the SPCSA to clarify governance, accountability, and to align statutory LEA responsibility with the practical authority of sponsoring entities.
  • For details on statutory text changes, fiscal analyses, and implementation guidance, consult the enrolled bill and the fiscal notes available through the Nevada Legislative Information System.

Compiled from official sources — confirm details with the bill’s official record.

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