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. NRS 391.3125 is hereby amended to read as follows:

1-2 391.3125 1. It is the intent of the legislature that a uniform system be

1-16 criterion, must be used in the dismissal process.

2-1 3. A conference and a written evaluation for a probationary employee

2-2 must be concluded [no] not later than:

2-3 (a) December 1;

2-4 (b) February 1; and

2-5 (c) April 1,

2-6 of each school year of the probationary period, except that a probationary

2-7 employee assigned to a school that operates all year must be evaluated at

2-8 least three times during each 12 months of employment on a schedule

2-9 determined by the board. An administrator charged with the evaluation of

2-10 a probationary teacher shall personally observe the performance of the

2-11 teacher in the classroom for at least 1 hour during each evaluation

2-12 period.

2-13 4. Whenever an administrator charged with the evaluation of a

2-14 probationary employee believes the employee will not be reemployed for

2-15 the second year of the probationary period or the school year following the

2-16 probationary period, he shall bring the matter to the employee’s attention in

2-17 a written document which is separate from the evaluation [no] not later than

2-18 [February 15] March 1 of the current school year. The notice must include

2-19 the reasons for the potential decision not to reemploy or refer to the

2-20 evaluation in which the reasons are stated. Such a notice is not required if

2-21 the probationary employee has received a letter of admonition during the

2-22 current school year.

2-23 5. Each postprobationary teacher must be evaluated at least once each

2-24 year. An administrator charged with the evaluation of a postprobationary

2-25 teacher shall personally observe the performance of the teacher in the

2-26 classroom for at least 1 hour during each evaluation period.

2-27 6. The evaluation of a probationary teacher or a postprobationary

2-28 teacher must [, if] :

2-29 (a) If necessary, include recommendations for improvements in his

2-30 performance. [A reasonable effort must be made to assist the teacher to

2-31 correct any deficiencies noted in the evaluation.]

2-32 (b) Include a description of the action that will be taken to assist the

2-33 teacher in correcting any deficiencies reported in the evaluation.

2-34 (c) Include a statement by the administrator who evaluated the

2-35 teacher indicating the amount of time that the administrator personally

2-36 observed the performance of the teacher in the classroom.

2-37 7. The teacher must receive a copy of each evaluation not later than 15

2-38 days after the evaluation. A copy of the evaluation and the teacher’s

2-39 response must be permanently attached to the teacher’s personnel file.

2-40 Upon the request of a teacher, a reasonable effort must be made to assist

2-41 the teacher to correct those deficiencies reported in the evaluation of the

2-42 teacher for which the teacher requests assistance.

3-1 Sec. 2. NRS 391.313 is hereby amended to read as follows:

3-2 391.313 1. Whenever an administrator charged with supervision of a

3-35 NRS 391.312.

3-36 Sec. 3. NRS 391.3197 is hereby amended to read as follows:

3-37 391.3197 1. A probationary employee is employed on a contract

3-43 of the probationary period or for the next school year as a postprobationary

4-1 employee. The employee must advise the board in writing on or before

4-2 May 10 of the first or second year of his probationary period, as

4-3 appropriate, of his acceptance of reemployment. If a probationary

4-4 employee is assigned to a school that operates all year, the board shall

4-5 notify him in writing, in both the first and second years of his probationary

4-6 period, no later than 45 days before his last day of work for the year under

4-7 his contract whether he is to be reemployed for the second year of the

4-8 probationary period or for the next school year as a postprobationary

4-9 employee. He must advise the board in writing within 10 days after the date

4-10 of notification of his acceptance or rejection of reemployment for another

4-11 year. Failure to advise the board of his acceptance of reemployment

4-12 constitutes rejection of the contract.

4-13 3. A probationary employee who completes his 2-year probationary

4-14 period and receives a notice of reemployment from the school district in the

4-15 second year of his probationary period is entitled to be a postprobationary

4-16 employee in the ensuing year of employment.

4-17 4. [A] If a probationary employee [who receives an unsatisfactory

4-18 evaluation] receives notice pursuant to subsection 4 of NRS 391.3125 not

4-19 later than March 1 of a potential decision not to reemploy him, the

4-20 employee may request a supplemental evaluation by another administrator

4-21 in the school district selected by him and the superintendent. If a school

4-22 district has five or fewer administrators, the supplemental evaluator may be

4-23 an administrator from another school district in [the] this state. If a

4-24 probationary employee has received during the first school year of his

4-25 probationary period three evaluations which state that the employee’s

4-26 overall performance has been satisfactory, the superintendent of schools of

4-27 the school district or his designee shall waive the second year of the

4-28 employee’s probationary period by expressly providing in writing on the

4-29 final evaluation of the employee for the first probationary year that the

4-30 second year of his probationary period is waived. Such an employee is

4-31 entitled to be a postprobationary employee in the ensuing year of

4-32 employment.

4-33 5. If a probationary employee is notified that he will not be reemployed

4-34 for the second year of his probationary period or the ensuing school year,

4-35 his employment ends on the last day of the current school year. The notice

4-36 that he will not be reemployed must include a statement of the reasons for

4-37 that decision.

4-38 6. A new employee or a postprobationary teacher who is employed as

4-39 an administrator shall be deemed to be a probationary employee for the

4-40 purposes of this section and must serve a 2-year probationary period as an

4-41 administrator in accordance with the provisions of this section. If the

4-42 administrator does not receive an unsatisfactory evaluation during the first

4-43 year of probation, the superintendent or his designee shall waive the second

5-1 year of the administrator’s probationary period. Such an administrator is

5-2 entitled to be a postprobationary employee in the ensuing year of

5-3 employment. If a postprobationary teacher who is an administrator is not

5-4 reemployed in that capacity after either year of his probationary period, he

5-5 may accept a contract as a teacher for the ensuing school year in writing on

5-6 or before May 10. If he fails to accept the contract as a teacher, he shall be

5-7 deemed to have rejected the offer of a contract as a teacher.

5-8 7. An administrator who has completed his probationary period

5-9 pursuant to subsection 6 and is thereafter promoted to the position of

5-10 principal must serve an additional probationary period of 1 year in the

5-11 position of principal. If the administrator serving the additional

5-12 probationary period is not reemployed in that capacity after the expiration

5-13 of the additional probationary period, he may accept a contract for the

5-14 ensuing school year, in writing, on or before May 10, for the administrative

5-15 position in which he attained postprobationary status. If he fails to accept

5-16 such a contract, he shall be deemed to have rejected the offer of

5-17 employment.

5-18 8. Before dismissal, the probationary employee is entitled to a hearing

5-19 before a hearing officer which affords due process as set out in NRS

5-20 391.311 to 391.3196, inclusive.

5-21 Sec. 4. This act becomes effective on July 1, 1999.