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 386.595 is hereby amended to read as follows:

1-2 386.595 1. Except as otherwise provided in this subsection and

1-4 bargaining agreement entered into by the board of trustees of the school

2-1 district in which the charter school is located apply to the terms and

2-2 conditions of employment of employees of the charter school. If a written

2-3 charter is renewed, the employees of the charter school may, at the time of

2-4 renewal, apply for recognition as a bargaining unit pursuant to NRS

2-5 288.160.

2-6 2. A charter school is exempt from the specific provisions of the

2-7 collective bargaining agreement that controls the:

2-8 (a) Times of day that a teacher may work;

2-9 (b) Number of hours that a teacher may work in 1 day;

2-10 (c) Number of hours and days that a teacher may work in 1 week; and

2-11 (d) Number of hours and days that a teacher may work in 1 year.

2-12 If a teacher works more than the number of hours or days prescribed in

2-13 the collective bargaining agreement, the teacher must be compensated

2-14 for the additional hours or days in an amount calculated by prorating the

2-15 salary for the teacher that is set forth in the collective bargaining

2-16 agreement.

2-17 3. A teacher or a governing body of a charter school may request that

2-18 the board of trustees of the school district and other persons who entered

2-19 into the collective bargaining agreement grant a waiver from specific

2-20 provisions of the collective bargaining agreement for the teacher or

2-21 governing body.

2-22 [3.] 4. All employees of a charter school shall be deemed public

2-23 employees.

2-24 [4.] 5. The governing body of a charter school may make all

2-25 employment decisions with regard to its employees pursuant to NRS

2-26 391.311 to 391.3197, inclusive, unless the applicable collective bargaining

2-27 agreement contains separate provisions relating to the discipline of licensed

2-28 employees of a school.

2-29 [5.] 6. If the written charter of a charter school is revoked, the

2-30 employees of the charter school must be reassigned to employment within

2-31 the school district in accordance with the collective bargaining agreement.

2-32 [6.] 7. The board of trustees of a school district that is a sponsor of a

2-33 charter school shall grant a leave of absence, not to exceed 6 years, to any

2-34 employee who is employed by the board of trustees who requests such a

2-35 leave of absence to accept employment with the charter school. After the

2-36 first school year in which an employee is on a leave of absence, he may

2-37 return to his former teaching position with the board of trustees. After the

2-38 third school year, an employee who is on a leave of absence may submit a

2-39 written request to the board of trustees to return to a comparable teaching

2-40 position with the board of trustees. After the sixth school year, an employee

2-41 shall either submit a written request to return to a comparable teaching

2-42 position or resign from the position for which his leave was granted. The

2-43 board of trustees shall grant a written request to return to a comparable

3-1 position pursuant to this subsection even if the return of the employee

3-2 requires the board of trustees to reduce the existing work force of the

3-3 school district. The board of trustees may require that a request to return to

3-4 a teaching position submitted pursuant to this subsection be submitted at

3-5 least 90 days before the employee would otherwise be required to report to

3-6 duty.

3-7 [7.] 8. An employee who is on a leave of absence from a school

3-8 district pursuant to this section shall contribute to and be eligible for all

3-9 benefits for which he would otherwise be entitled, including, without

3-10 limitation, participation in the public employees’ retirement system and

3-11 accrual of time for the purposes of leave and retirement. The time during

3-12 which such an employee is on leave of absence and employed in a charter

3-13 school does not count toward the acquisition of permanent status with the

3-14 school district.

3-15 [8.] 9. Upon the return of a teacher to employment in the school

3-16 district, he is entitled to the same level of retirement, salary and any other

3-17 benefits to which he would otherwise be entitled if he had not taken a leave

3-18 of absence to teach in a charter school.

3-19 [9.] 10. An employee of a charter school who is not on a leave of

3-20 absence from a school district is eligible for all benefits for which he would

3-21 be eligible for employment in a public school, including, without limitation,

3-22 participation in the public employees’ retirement system.

3-23 [10.] 11. For all employees of a charter school:

3-24 (a) The compensation that a teacher or other school employee would

3-25 have received if he were employed by the school district must be used to

3-26 determine the appropriate levels of contribution required of the employee

3-27 and employer for purposes of the public employees’ retirement system.

3-28 (b) The compensation that is paid to a teacher or other school employee

3-29 that exceeds the compensation that he would have received if he were

3-30 employed by the school district must not be included for the purposes of

3-31 calculating future retirement benefits of the employee.

3-32 Sec. 2. This act becomes effective on July 1, 1999.