AB332

Assembly Bill No. 332–Assemblymen Anderson, Bache, Freeman, Parnell,

Koivisto, Claborn, Mortenson, Ohrenschall, McClain, Buckley, Leslie,

Collins and Manendo

CHAPTER........

AN ACT relating to educational personnel; making various changes regarding the evaluation

and admonition of educational personnel; and providing other matters properly

relating thereto.

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. NRS 391.3125 is hereby amended to read as follows:

391.3125 1. It is the intent of the legislature that a uniform system be

developed for objective evaluation of teachers and other licensed personnel

in each school district.

2. Each board, following consultation with and involvement of elected

representatives of the teachers or their designees, shall develop a policy for

objective evaluations in narrative form. The policy must set forth a means

according to which an employee’s overall performance may be determined

to be satisfactory or unsatisfactory. The policy may include an evaluation

by the teacher, pupils, administrators or other teachers or any combination

thereof. In a similar manner, counselors, librarians and other licensed

personnel must be evaluated on forms developed specifically for their

respective specialties. A copy of the policy adopted by the board must be

filed with the department. The primary purpose of an evaluation is to

provide a format for constructive assistance. Evaluations, while not the sole

criterion, must be used in the dismissal process.

3. A conference and a written evaluation for a probationary employee

must be concluded [~~no]~~ not later than:

(a) December 1;

(b) February 1; and

of each school year of the probationary period, except that a probationary

employee assigned to a school that operates all year must be evaluated at

least three times during each 12 months of employment on a schedule

determined by the board. An administrator charged with the evaluation of

a probationary teacher shall personally observe the performance of the

teacher in the classroom for at least 1 hour during each evaluation

period.

4. Whenever an administrator charged with the evaluation of a

probationary employee believes the employee will not be reemployed for

the second year of the probationary period or the school year following the

probationary period, he shall bring the matter to the employee’s attention in

a written document which is separate from the evaluation [~~no]~~ not later than

~~[February 15]~~ March 1 of the current school year. The notice must include

the reasons for the potential decision not to reemploy or refer to the

evaluation in which the reasons are stated. Such a notice is not required if

the probationary employee has received a letter of admonition during the

current school year.

5. Each postprobationary teacher must be evaluated at least once each

year. An administrator charged with the evaluation of a postprobationary

teacher shall personally observe the performance of the teacher in the

classroom for at least 1 hour during each evaluation period.

6. The evaluation of a probationary teacher or a postprobationary

teacher must [~~, if]~~ :

(a) If necessary, include recommendations for improvements in his

performance. [~~A reasonable effort must be made to assist the teacher to~~

~~correct any deficiencies noted in the evaluation.]~~

(b) Include a description of the action that will be taken to assist the

teacher in correcting any deficiencies reported in the evaluation.

(c) Include a statement by the administrator who evaluated the

teacher indicating the amount of time that the administrator personally

observed the performance of the teacher in the classroom.

7. The teacher must receive a copy of each evaluation not later than 15

days after the evaluation. A copy of the evaluation and the teacher’s

response must be permanently attached to the teacher’s personnel file.

Upon the request of a teacher, a reasonable effort must be made to assist

the teacher to correct those deficiencies reported in the evaluation of the

teacher for which the teacher requests assistance.

Sec. 2. NRS 391.313 is hereby amended to read as follows:

391.313 1. Whenever an administrator charged with supervision of a

licensed employee believes it is necessary to admonish the employee for a

reason that he believes may lead to demotion, dismissal or cause the

employee not to be reemployed under the provisions of NRS 391.312, he

shall:

(a) Except as otherwise provided in subsection [~~2,]~~ 3, bring the matter to

the attention of the employee involved, in writing, stating the reasons for

the admonition and that it may lead to his demotion, dismissal or a refusal

to reemploy him, and make a reasonable effort to assist the employee to

correct whatever appears to be the cause for his potential demotion,

dismissal or a potential recommendation not to reemploy him; and

(b) Except as otherwise provided in NRS 391.314, allow reasonable

time for improvement, which must not exceed 3 months for the first

admonition.

The admonition must include a description of the deficiencies of the

teacher and the action that is necessary to correct those deficiencies.

2. An admonition issued to a licensed employee who, within the time

granted for improvement, has met the standards set for him by the

administrator who issued the admonition must be removed from the records

of the employee together with all notations and indications of its having
been issued. The admonition must be removed from the records of the

employee not later than 3 years after it is issued.

[~~2.]~~ 3. An administrator need not admonish an employee pursuant to

paragraph (a) of subsection 1 if his employment will be terminated pursuant

to NRS 391.3197. If by [~~February 15]~~ March 1 of the first or second year

of his probationary period a probationary employee does not receive a

written notice pursuant to subsection 4 of NRS 391.3125 of a potential

decision not to reemploy him, he must receive an admonition before any

such decision is made.

[~~3.]~~ 4. A licensed employee is subject to immediate dismissal or a

refusal to reemploy according to the procedures provided in NRS 391.311

to 391.3197, inclusive, without the admonition required by this section, on

grounds contained in paragraphs (b), (f), (g), (h) and (p) of subsection 1 of

NRS 391.312.

Sec. 3. NRS 391.3197 is hereby amended to read as follows:

391.3197 1. A probationary employee is employed on a contract

basis for two 1-year periods and has no right to employment after either of

the two probationary contract years.

2. The board shall notify each probationary employee in writing on or

before May 1 of the first and second school years of his probationary

period, as appropriate, whether he is to be reemployed for the second year

of the probationary period or for the next school year as a postprobationary

employee. The employee must advise the board in writing on or before

May 10 of the first or second year of his probationary period, as

appropriate, of his acceptance of reemployment. If a probationary

employee is assigned to a school that operates all year, the board shall

notify him in writing, in both the first and second years of his probationary

period, no later than 45 days before his last day of work for the year under

his contract whether he is to be reemployed for the second year of the

probationary period or for the next school year as a postprobationary

employee. He must advise the board in writing within 10 days after the date

of notification of his acceptance or rejection of reemployment for another

year. Failure to advise the board of his acceptance of reemployment

constitutes rejection of the contract.

3. A probationary employee who completes his 2-year probationary

period and receives a notice of reemployment from the school district in the

second year of his probationary period is entitled to be a postprobationary

employee in the ensuing year of employment.

4. [A] If a probationary employee [~~who receives an unsatisfactory~~

~~evaluation]~~ receives notice pursuant to subsection 4 of NRS 391.3125 not

later than March 1 of a potential decision not to reemploy him, the

employee may request a supplemental evaluation by another administrator

in the school district selected by him and the superintendent. If a school

district has five or fewer administrators, the supplemental evaluator may be

an administrator from another school district in [~~the]~~ this state. If a

probationary employee has received during the first school year of his
probationary period three evaluations which state that the employee’s

overall performance has been satisfactory, the superintendent of schools of

the school district or his designee shall waive the second year of the

employee’s probationary period by expressly providing in writing on the

final evaluation of the employee for the first probationary year that the

second year of his probationary period is waived. Such an employee is

entitled to be a postprobationary employee in the ensuing year of

employment.

5. If a probationary employee is notified that he will not be reemployed

for the second year of his probationary period or the ensuing school year,

his employment ends on the last day of the current school year. The notice

that he will not be reemployed must include a statement of the reasons for

that decision.

6. A new employee or a postprobationary teacher who is employed as

an administrator shall be deemed to be a probationary employee for the

purposes of this section and must serve a 2-year probationary period as an

administrator in accordance with the provisions of this section. If the

administrator does not receive an unsatisfactory evaluation during the first

year of probation, the superintendent or his designee shall waive the second

year of the administrator’s probationary period. Such an administrator is

entitled to be a postprobationary employee in the ensuing year of

employment. If a postprobationary teacher who is an administrator is not

reemployed in that capacity after either year of his probationary period, he

may accept a contract as a teacher for the ensuing school year in writing on

or before May 10. If he fails to accept the contract as a teacher, he shall be

deemed to have rejected the offer of a contract as a teacher.

7. An administrator who has completed his probationary period

pursuant to subsection 6 and is thereafter promoted to the position of

principal must serve an additional probationary period of 1 year in the

position of principal. If the administrator serving the additional

probationary period is not reemployed in that capacity after the expiration

of the additional probationary period, he may accept a contract for the

ensuing school year, in writing, on or before May 10, for the administrative

position in which he attained postprobationary status. If he fails to accept

such a contract, he shall be deemed to have rejected the offer of

employment.

8. Before dismissal, the probationary employee is entitled to a hearing

before a hearing officer which affords due process as set out in NRS

391.311 to 391.3196, inclusive.

Sec. 4. This act becomes effective on July 1, 1999.