Assembly Bill No. 366–Committee on Education
March 2, 1999
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Referred to Committee on Education
SUMMARY—Makes various changes relating to training and professional development of teachers. (BDR 34-1327)
FISCAL NOTE: Effect on Local Government: Yes.
Effect on the State or on Industrial Insurance: No.
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EXPLANATION – Matter in
bolded italics is new; matter between brackets
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
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Section 1. Chapter 391 of NRS is hereby amended by adding thereto1-2
the provisions set forth as sections 2 and 3 of this act.1-3
Sec. 2. 1. Except as otherwise provided in subsection 2, the1-4
superintendent of schools of a school district, in consultation with the1-5
bargaining agent, if any, of the teachers employed by the school district,1-6
shall select a teacher to serve as a mentor for each probationary teacher.1-7
A teacher who is selected to serve as a mentor must have at least 5 years1-8
of successful teaching experience with the school district in which he is1-9
employed. A teacher may be assigned to serve as a mentor to a1-10
probationary teacher only if the mentor provides his written consent to1-11
the assignment.1-12
2. The superintendent of schools is not required to assign a mentor to1-13
a probationary teacher if the probationary teacher has previous1-14
nonprobationary teaching experience.2-1
3. A probationary teacher and the administrator charged with the2-2
supervision of the probationary teacher may agree in writing to2-3
discontinue the assignment of the teacher who serves as the mentor for2-4
the probationary teacher or select another teacher to serve as a mentor2-5
for the probationary teacher.2-6
4. A teacher who is assigned to serve as a mentor shall:2-7
(a) Regularly consult with, observe and otherwise assist the2-8
probationary teacher in improving his teaching skills during the period2-9
of his probationary employment;2-10
(b) Identify areas of weakness, if any, of the probationary teacher and2-11
assist the teacher in improving upon those areas; and2-12
(c) Recommend additional course work, supervised clinical experience2-13
or supervised field experience for the probationary teacher if the mentor2-14
believes that the course work or experience would improve the2-15
performance of the probationary teacher.2-16
5. A teacher who serves as a mentor shall not participate in:2-17
(a) The evaluation of the performance of the probationary teacher.2-18
(b) Any decision concerning the continuation of employment of the2-19
probationary teacher.2-20
6. A teacher who is assigned to serve as a mentor is entitled to be:2-21
(a) Compensated for his services as a mentor, as provided by his2-22
contract of employment or any applicable collective bargaining2-23
agreement; and2-24
(b) Released from his other duties as necessary to provide assistance2-25
as a mentor, as provided by his contract of employment or any applicable2-26
collective bargaining agreement.2-27
The superintendent of schools of a school district shall not require a2-28
teacher to serve as a mentor unless the teacher receives the compensation2-29
and time for release required by this subsection.2-30
7. Except as otherwise required by a court of competent jurisdiction,2-31
any notes, memoranda or other communications, in whatever form,2-32
between a probationary teacher and his mentor are confidential and2-33
must not be released or disclosed by the mentor to a third person without2-34
the written consent of the probationary teacher. A probationary teacher2-35
must not be required to provide such consent as a condition of2-36
employment or continued employment. A probationary teacher has the2-37
privilege to refuse to disclose and to prevent any person from disclosing2-38
any confidential communication between the probationary teacher and2-39
his mentor.2-40
8. A teacher who serves as a mentor to a probationary teacher is not2-41
liable to the probationary teacher or to any third person for any loss or2-42
damage caused by the performance of his duties as a mentor that occur2-43
within the course and scope of his employment.3-1
9. A collective bargaining agreement entered into by a school district3-2
pursuant to chapter 288 of NRS that governs the employment of teachers3-3
may provide for the evaluation or modification of the assistance provided3-4
by mentors to probationary teachers if the terms of the collective3-5
bargaining agreement do not conflict with the requirements of this3-6
section.3-7
10. As used in this section, "bargaining agent" has the meaning3-8
ascribed to it in NRS 288.027.3-9
Sec. 3. 1. The board of trustees of each school district shall3-10
establish a committee for the professional development of teachers. Each3-11
such committee shall design, develop and coordinate programs of3-12
continuing education, training and other programs and activities to3-13
promote the professional development of teachers employed by the school3-14
district.3-15
2. The board of trustees of a school district shall, in consultation3-16
with the bargaining agent, if any, of the teachers employed by the school3-17
district, appoint the members of the committee and set forth any3-18
additional duties for the committee. A majority of the members of the3-19
committee must be teachers, each of whom must have at least 5 years of3-20
experience teaching.3-21
3. As used in this section, "bargaining agent" has the meaning3-22
ascribed to it in NRS 288.027.3-23
Sec. 4. NRS 391.311 is hereby amended to read as follows: 391.311 As used in NRS 391.3115 to 391.3197, inclusive, and section3-25
2 of this act, unless the context otherwise requires:3-26
1. "Administrator" means any employee who holds a license as an3-27
administrator and who is employed in that capacity by a school district.3-28
2. "Board" means the board of trustees of the school district in which a3-29
licensed employee affected by NRS 391.311 to 391.3197, inclusive, and3-30
section 2 of this act is employed.3-31
3. "Demotion" means demotion of an administrator to a position of3-32
lesser rank, responsibility or pay and does not include transfer or3-33
reassignment for purposes of an administrative reorganization.3-34
4. "Immorality" means an act forbidden by NRS 200.366, 200.368,3-35
200.400, 200.508, 201.180, 201.190, 201.210, 201.220, 201.230, 201.2653-36
or 207.260.3-37
5. "Postprobationary employee" means an administrator or a teacher3-38
who has completed the probationary period as provided in NRS 391.31973-39
and has been given notice of reemployment.3-40
6. "Probationary employee" means an administrator or a teacher who3-41
is employed for the period set forth in NRS 391.3197.4-1
7. "Superintendent" means the superintendent of a school district or a4-2
person designated by the board or superintendent to act as superintendent4-3
during the absence of the superintendent.4-4
8. "Teacher" means a licensed employee the majority of whose4-5
working time is devoted to the rendering of direct educational service to4-6
pupils of a school district.4-7
Sec. 5. NRS 391.3125 is hereby amended to read as follows: 391.3125 1. It is the intent of the legislature that a uniform system be4-9
developed for objective evaluation of teachers and other licensed personnel4-10
in each school district.4-11
2. Each board, following consultation with and involvement of elected4-12
representatives of the teachers or their designees, shall develop a policy for4-13
objective evaluations in narrative form. The policy must set forth a means4-14
according to which an employee’s overall performance may be determined4-15
to be satisfactory or unsatisfactory. The policy may include an evaluation4-16
by the teacher, pupils, administrators or other teachers or any combination4-17
thereof. In a similar manner, counselors, librarians and other licensed4-18
personnel must be evaluated on forms developed specifically for their4-19
respective specialties. A copy of the policy adopted by the board must be4-20
filed with the department. The primary purpose of an evaluation is to4-21
provide a format for constructive assistance. Evaluations, while not the4-22
sole criterion, must be used in the dismissal process.4-23
3. A conference and a written evaluation for a probationary employee4-24
must be concluded no later than:4-25
(a) December 1;4-26
(b) February 1; and4-27
(c) April 1,4-28
of each school year of the probationary period, except that a probationary4-29
employee assigned to a school that operates all year must be evaluated at4-30
least three times during each 12 months of employment on a schedule4-31
determined by the board.4-32
4. An administrator charged with the evaluation of a probationary4-33
teacher shall consult with the mentor assigned to the probationary4-34
teacher concerning the performance of the probationary teacher. The4-35
administrator shall identify deficiencies or areas of weakness, if any, so4-36
that the mentor can assist the teacher in improving his performance and4-37
successfully completing his probationary period. This subsection does not4-38
relieve the administrator from providing assistance to a probationary4-39
teacher in accordance with this section.4-40
5. Whenever an administrator charged with the evaluation of a4-41
probationary employee believes the employee will not be reemployed for4-42
the second year of the probationary period or the school year following the4-43
probationary period, he shall bring the matter to the employee’s attention5-1
in a written document which is separate from the evaluation no later than5-2
February 15 of the current school year. The notice must include the5-3
reasons for the potential decision not to reemploy or refer to the evaluation5-4
in which the reasons are stated. Such a notice is not required if the5-5
probationary employee has received a letter of admonition during the5-6
current school year.5-7
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each year.5-9
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teacher must, if necessary, include recommendations for improvements in5-11
his performance. A reasonable effort must be made to assist the teacher to5-12
correct any deficiencies noted in the evaluation. The teacher must receive a5-13
copy of each evaluation not later than 15 days after the evaluation. A copy5-14
of the evaluation and the teacher’s response must be permanently attached5-15
to the teacher’s personnel file.5-16
Sec. 6. NRS 391.313 is hereby amended to read as follows: 391.313 1. Whenever an administrator charged with supervision of a5-18
licensed employee believes it is necessary to admonish the employee for a5-19
reason that he believes may lead to demotion, dismissal or cause the5-20
employee not to be reemployed under the provisions of NRS 391.312, he5-21
shall:5-22
(a) Except as otherwise provided in subsection 2, bring the matter to the5-23
attention of the employee involved, in writing, stating the reasons for the5-24
admonition and that it may lead to his demotion, dismissal or a refusal to5-25
reemploy him, and make a reasonable effort to assist the employee to5-26
correct whatever appears to be the cause for his potential demotion,5-27
dismissal or a potential recommendation not to reemploy him; and5-28
(b) Except as otherwise provided in NRS 391.314, allow reasonable5-29
time for improvement, which must not exceed 3 months for the first5-30
admonition.5-31
An admonition issued to a licensed employee who, within the time granted5-32
for improvement, has met the standards set for him by the administrator5-33
who issued the admonition must be removed from the records of the5-34
employee together with all notations and indications of its having been5-35
issued. The admonition must be removed from the records of the employee5-36
not later than 3 years after it is issued.5-37
2. An administrator need not admonish an employee pursuant to5-38
paragraph (a) of subsection 1 if his employment will be terminated5-39
pursuant to NRS 391.3197. If by February 15 of the first or second year of5-40
his probationary period a probationary employee does not receive a written5-41
notice pursuant to subsection5-42
decision not to reemploy him, he must receive an admonition before any5-43
such decision is made.6-1
3. A licensed employee is subject to immediate dismissal or a refusal6-2
to reemploy according to the procedures provided in NRS 391.311 to6-3
391.3197, inclusive, without the admonition required by this section, on6-4
grounds contained in paragraphs (b), (f), (g), (h) and (p) of subsection 1 of6-5
NRS 391.312.6-6
Sec. 7. This act becomes effective on July 1, 1999.~