EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted. Green numbers along left margin indicate location on the printed bill (e.g., 5-15 indicates page 5, line 15).

1-1 Section 1. Chapter 391 of NRS is hereby amended by adding thereto

1-15 (c) Include the time by which each action must be taken; and

2-1 (d) Apply to probationary employees and postprobationary employees,

2-2 except that the policy may provide for different forms of assistance to

2-3 probationary employees and postprobationary employees according to

2-4 the nature of the deficiency identified or conduct involved and the

2-5 experience of the particular employee.

2-6 2. Each board, in consultation with each bargaining agent, if any, of

2-7 the licensed employees of the school district, shall provide training to the

2-8 administrators who are employed by the school district concerning the

2-9 requirements of NRS 391.311 to 391.3197, inclusive. The training must

2-10 include, without limitation, instruction regarding:

2-11 (a) The process for the evaluation of the licensed employees of the

2-12 school district;

2-13 (b) The provisions of subsection 7 of NRS 391.3125 and subsection 1

2-14 of NRS 391.313 that require an administrator charged with the

2-15 evaluation or supervision of a licensed employee to provide assistance to

2-16 the employee to correct any performance or conduct determined to be

2-17 deficient or unsatisfactory by the administrator; and

2-18 (c) The policies of the school district that are applicable to the duties

2-19 of administrators who are charged with the evaluation of licensed

2-20 employees, including, without limitation, the policy adopted by the board

2-21 of trustees pursuant to subsection 1.

2-22 3. The training required by subsection 2 must be provided:

2-23 (a) Annually to administrators who are on probationary status; and

2-24 (b) When necessary to incorporate any changes in the law or policies

2-25 of the school district to all administrators of a school district.

2-26 4. If an administrator charged with the evaluation or supervision of

2-27 a licensed employee does not comply with the policy adopted pursuant to

2-28 subsection 1, the administrator shall be deemed to have violated the

2-29 requirement of assistance prescribed in subsection 7 of NRS 391.3125

2-30 and subsection 1 of NRS 391.313, or both.

2-31 5. As used in this section, "bargaining agent" has the meaning

2-32 ascribed to it in NRS 288.027.

2-33 Sec. 2. NRS 391.311 is hereby amended to read as follows:

2-34 391.311 As used in NRS 391.3115 to 391.3197, inclusive, and section

2-43 reassignment for purposes of an administrative reorganization.

3-1 4. "Immorality" means an act forbidden by NRS 200.366, 200.368,

3-2 200.400, 200.508, 201.180, 201.190, 201.210, 201.220, 201.230, 201.265

3-3 or 207.260.

3-4 5. "Postprobationary employee" means an administrator or a teacher

3-5 who has completed the probationary period as provided in NRS 391.3197

3-6 and has been given notice of reemployment.

3-7 6. "Probationary employee" means an administrator or a teacher who

3-8 is employed for the period set forth in NRS 391.3197.

3-9 7. "Superintendent" means the superintendent of a school district or a

3-10 person designated by the board or superintendent to act as superintendent

3-11 during the absence of the superintendent.

3-12 8. "Teacher" means a licensed employee the majority of whose

3-13 working time is devoted to the rendering of direct educational service to

3-14 pupils of a school district.

3-15 Sec. 3. NRS 391.3125 is hereby amended to read as follows:

3-16 391.3125 1. It is the intent of the legislature that a uniform system be

3-42 period.

4-1 4. Whenever an administrator charged with the evaluation of a

4-2 probationary employee believes the employee will not be reemployed for

4-3 the second year of the probationary period or the school year following the

4-4 probationary period, he shall bring the matter to the employee’s attention

4-5 in a written document which is separate from the evaluation [no] not later

4-6 than February 15 of the current school year. The notice must include the

4-7 reasons for the potential decision not to reemploy or refer to the evaluation

4-8 in which the reasons are stated. Such a notice is not required if the

4-9 probationary employee has received a letter of admonition during the

4-10 current school year.

4-11 5. Each postprobationary teacher must be evaluated at least once each

4-12 year. An administrator charged with the evaluation of a postprobationary

4-13 teacher shall personally observe the performance of the teacher in the

4-14 classroom for at least 1 hour during each evaluation period.

4-15 6. The evaluation of a probationary teacher or a postprobationary

4-16 teacher must [, if] :

4-17 (a) If necessary, include recommendations for improvements in his

4-18 performance. [A reasonable effort must be made to assist the teacher to

4-19 correct any deficiencies noted in the evaluation.]

4-20 (b) Include a detailed description of the action that will be taken to

4-21 assist the teacher in correcting any deficiencies reported in the

4-22 evaluation, including, without limitation, a statement of the date by

4-23 which that action will be taken.

4-24 (c) Include a statement by the administrator who evaluated the

4-25 teacher indicating the amount of time that the administrator personally

4-26 observed the performance of the teacher in the classroom. If an

4-27 administrator willfully falsifies the information required by this

4-28 paragraph, the falsification shall be deemed to constitute unprofessional

4-29 conduct for the purposes of NRS 391.330.

4-30 7. The teacher must receive a copy of each evaluation not later than 15

4-31 days after the evaluation. A copy of the evaluation and the teacher’s

4-32 response must be permanently attached to the teacher’s personnel file. A

4-33 reasonable effort must be made to assist a teacher to correct any

4-34 deficiencies reported in the evaluation of the teacher.

4-35 Sec. 4. NRS 391.313 is hereby amended to read as follows:

4-36 391.313 1. Whenever an administrator charged with supervision of a

4-43 the admonition and that it may lead to his demotion, dismissal or a refusal

5-1 to reemploy him, and make a reasonable effort to assist the employee to

5-2 correct whatever appears to be the cause for his potential demotion,

5-3 dismissal or a potential recommendation not to reemploy him; and

5-4 (b) Except as otherwise provided in NRS 391.314, allow reasonable

5-5 time for improvement, which must not exceed 3 months for the first

5-6 admonition.

5-7 The admonition must include a detailed description of the action that will

5-8 be taken to assist the employee in correcting the deficiency or

5-9 circumstance giving rise to the admonition, including, without limitation,

5-10 a statement of the date by which that action will be taken.

5-11 2. An admonition issued to a licensed employee who, within the time

5-12 granted for improvement, has met the standards set for him by the

5-13 administrator who issued the admonition must be removed from the

5-14 records of the employee together with all notations and indications of its

5-15 having been issued. The admonition must be removed from the records of

5-16 the employee not later than 3 years after it is issued.

5-17 [2.] 3. An administrator need not admonish an employee pursuant to

5-18 paragraph (a) of subsection 1 if his employment will be terminated

5-19 pursuant to NRS 391.3197. If by February 15 of the first or second year of

5-20 his probationary period a probationary employee does not receive a written

5-21 notice pursuant to subsection 4 of NRS 391.3125 of a potential decision

5-22 not to reemploy him, he must receive an admonition before any such

5-23 decision is made.

5-24 [3.] 4. A licensed employee is subject to immediate dismissal or a

5-25 refusal to reemploy according to the procedures provided in NRS 391.311

5-26 to 391.3197, inclusive, without the admonition required by this section, on

5-27 grounds contained in paragraphs (b), (f), (g), (h) and (p) of subsection 1 of

5-28 NRS 391.312.

5-29 Sec. 5. On or before December 31, 1999, the board of trustees of each

5-30 school district shall adopt the written policy required by section 1 of this

5-31 act.

5-32 Sec. 6. 1. This section and section 5 of this act become effective

5-33 upon passage and approval.

5-34 2. Section 1 of this act becomes effective upon passage and approval

5-35 for the purpose of adopting a policy in accordance with that section and on

5-36 January 1, 2000, for all other purposes.

5-37 3. Sections 2, 3 and 4 of this act become effective on July 1, 1999.