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 [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).

 

AN ACT relating to educational personnel; requiring the assignment of teachers who serve as mentors for probationary teachers; requiring the board of trustees of a school district to create a committee for the professional development of teachers; and providing other matters properly relating thereto.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

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

1-2 the provisions set forth as sections 2 and 3 of this act.

1-3 Sec. 2. 1. Except as otherwise provided in subsection 2, the

1-4 superintendent of schools of a school district, in consultation with the

1-5 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 years

1-8 of successful teaching experience with the school district in which he is

1-9 employed. A teacher may be assigned to serve as a mentor to a

1-10 probationary teacher only if the mentor provides his written consent to

1-11 the assignment.

1-12 2. The superintendent of schools is not required to assign a mentor to

1-13 a probationary teacher if the probationary teacher has previous

1-14 nonprobationary teaching experience.

2-1 3. A probationary teacher and the administrator charged with the

2-2 supervision of the probationary teacher may agree in writing to

2-3 discontinue the assignment of the teacher who serves as the mentor for

2-4 the probationary teacher or select another teacher to serve as a mentor

2-5 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 the

2-8 probationary teacher in improving his teaching skills during the period

2-9 of his probationary employment;

2-10 (b) Identify areas of weakness, if any, of the probationary teacher and

2-11 assist the teacher in improving upon those areas; and

2-12 (c) Recommend additional course work, supervised clinical experience

2-13 or supervised field experience for the probationary teacher if the mentor

2-14 believes that the course work or experience would improve the

2-15 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 the

2-19 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 his

2-22 contract of employment or any applicable collective bargaining

2-23 agreement; and

2-24 (b) Released from his other duties as necessary to provide assistance

2-25 as a mentor, as provided by his contract of employment or any applicable

2-26 collective bargaining agreement.

2-27 The superintendent of schools of a school district shall not require a

2-28 teacher to serve as a mentor unless the teacher receives the compensation

2-29 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 and

2-33 must not be released or disclosed by the mentor to a third person without

2-34 the written consent of the probationary teacher. A probationary teacher

2-35 must not be required to provide such consent as a condition of

2-36 employment or continued employment. A probationary teacher has the

2-37 privilege to refuse to disclose and to prevent any person from disclosing

2-38 any confidential communication between the probationary teacher and

2-39 his mentor.

2-40 8. A teacher who serves as a mentor to a probationary teacher is not

2-41 liable to the probationary teacher or to any third person for any loss or

2-42 damage caused by the performance of his duties as a mentor that occur

2-43 within the course and scope of his employment.

3-1 9. A collective bargaining agreement entered into by a school district

3-2 pursuant to chapter 288 of NRS that governs the employment of teachers

3-3 may provide for the evaluation or modification of the assistance provided

3-4 by mentors to probationary teachers if the terms of the collective

3-5 bargaining agreement do not conflict with the requirements of this

3-6 section.

3-7 10. As used in this section, "bargaining agent" has the meaning

3-8 ascribed to it in NRS 288.027.

3-9 Sec. 3. 1. The board of trustees of each school district shall

3-10 establish a committee for the professional development of teachers. Each

3-11 such committee shall design, develop and coordinate programs of

3-12 continuing education, training and other programs and activities to

3-13 promote the professional development of teachers employed by the school

3-14 district.

3-15 2. The board of trustees of a school district shall, in consultation

3-16 with the bargaining agent, if any, of the teachers employed by the school

3-17 district, appoint the members of the committee and set forth any

3-18 additional duties for the committee. A majority of the members of the

3-19 committee must be teachers, each of whom must have at least 5 years of

3-20 experience teaching.

3-21 3. As used in this section, "bargaining agent" has the meaning

3-22 ascribed to it in NRS 288.027.

3-23 Sec. 4. NRS 391.311 is hereby amended to read as follows:

3-24 391.311 As used in NRS 391.3115 to 391.3197, inclusive, and section

3-25 2 of this act, unless the context otherwise requires:

3-26 1. "Administrator" means any employee who holds a license as an

3-27 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 a

3-29 licensed employee affected by NRS 391.311 to 391.3197, inclusive, and

3-30 section 2 of this act is employed.

3-31 3. "Demotion" means demotion of an administrator to a position of

3-32 lesser rank, responsibility or pay and does not include transfer or

3-33 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, 201.265

3-36 or 207.260.

3-37 5. "Postprobationary employee" means an administrator or a teacher

3-38 who has completed the probationary period as provided in NRS 391.3197

3-39 and has been given notice of reemployment.

3-40 6. "Probationary employee" means an administrator or a teacher who

3-41 is employed for the period set forth in NRS 391.3197.

4-1 7. "Superintendent" means the superintendent of a school district or a

4-2 person designated by the board or superintendent to act as superintendent

4-3 during the absence of the superintendent.

4-4 8. "Teacher" means a licensed employee the majority of whose

4-5 working time is devoted to the rendering of direct educational service to

4-6 pupils of a school district.

4-7 Sec. 5. NRS 391.3125 is hereby amended to read as follows:

4-8 391.3125 1. It is the intent of the legislature that a uniform system be

4-9 developed for objective evaluation of teachers and other licensed personnel

4-10 in each school district.

4-11 2. Each board, following consultation with and involvement of elected

4-12 representatives of the teachers or their designees, shall develop a policy for

4-13 objective evaluations in narrative form. The policy must set forth a means

4-14 according to which an employee’s overall performance may be determined

4-15 to be satisfactory or unsatisfactory. The policy may include an evaluation

4-16 by the teacher, pupils, administrators or other teachers or any combination

4-17 thereof. In a similar manner, counselors, librarians and other licensed

4-18 personnel must be evaluated on forms developed specifically for their

4-19 respective specialties. A copy of the policy adopted by the board must be

4-20 filed with the department. The primary purpose of an evaluation is to

4-21 provide a format for constructive assistance. Evaluations, while not the

4-22 sole criterion, must be used in the dismissal process.

4-23 3. A conference and a written evaluation for a probationary employee

4-24 must be concluded no later than:

4-25 (a) December 1;

4-26 (b) February 1; and

4-27 (c) April 1,

4-28 of each school year of the probationary period, except that a probationary

4-29 employee assigned to a school that operates all year must be evaluated at

4-30 least three times during each 12 months of employment on a schedule

4-31 determined by the board.

4-32 4. An administrator charged with the evaluation of a probationary

4-33 teacher shall consult with the mentor assigned to the probationary

4-34 teacher concerning the performance of the probationary teacher. The

4-35 administrator shall identify deficiencies or areas of weakness, if any, so

4-36 that the mentor can assist the teacher in improving his performance and

4-37 successfully completing his probationary period. This subsection does not

4-38 relieve the administrator from providing assistance to a probationary

4-39 teacher in accordance with this section.

4-40 5. Whenever an administrator charged with the evaluation of a

4-41 probationary employee believes the employee will not be reemployed for

4-42 the second year of the probationary period or the school year following the

4-43 probationary period, he shall bring the matter to the employee’s attention

5-1 in a written document which is separate from the evaluation no later than

5-2 February 15 of the current school year. The notice must include the

5-3 reasons for the potential decision not to reemploy or refer to the evaluation

5-4 in which the reasons are stated. Such a notice is not required if the

5-5 probationary employee has received a letter of admonition during the

5-6 current school year.

5-7 [5.] 6. Each postprobationary teacher must be evaluated at least once

5-8 each year.

5-9 [6.] 7. The evaluation of a probationary teacher or a postprobationary

5-10 teacher must, if necessary, include recommendations for improvements in

5-11 his performance. A reasonable effort must be made to assist the teacher to

5-12 correct any deficiencies noted in the evaluation. The teacher must receive a

5-13 copy of each evaluation not later than 15 days after the evaluation. A copy

5-14 of the evaluation and the teacher’s response must be permanently attached

5-15 to the teacher’s personnel file.

5-16 Sec. 6. NRS 391.313 is hereby amended to read as follows:

5-17 391.313 1. Whenever an administrator charged with supervision of a

5-18 licensed employee believes it is necessary to admonish the employee for a

5-19 reason that he believes may lead to demotion, dismissal or cause the

5-20 employee not to be reemployed under the provisions of NRS 391.312, he

5-21 shall:

5-22 (a) Except as otherwise provided in subsection 2, bring the matter to the

5-23 attention of the employee involved, in writing, stating the reasons for the

5-24 admonition and that it may lead to his demotion, dismissal or a refusal to

5-25 reemploy him, and make a reasonable effort to assist the employee to

5-26 correct whatever appears to be the cause for his potential demotion,

5-27 dismissal or a potential recommendation not to reemploy him; and

5-28 (b) Except as otherwise provided in NRS 391.314, allow reasonable

5-29 time for improvement, which must not exceed 3 months for the first

5-30 admonition.

5-31 An admonition issued to a licensed employee who, within the time granted

5-32 for improvement, has met the standards set for him by the administrator

5-33 who issued the admonition must be removed from the records of the

5-34 employee together with all notations and indications of its having been

5-35 issued. The admonition must be removed from the records of the employee

5-36 not later than 3 years after it is issued.

5-37 2. An administrator need not admonish an employee pursuant to

5-38 paragraph (a) of subsection 1 if his employment will be terminated

5-39 pursuant to NRS 391.3197. If by February 15 of the first or second year of

5-40 his probationary period a probationary employee does not receive a written

5-41 notice pursuant to subsection [4] 5 of NRS 391.3125 of a potential

5-42 decision not to reemploy him, he must receive an admonition before any

5-43 such decision is made.

6-1 3. A licensed employee is subject to immediate dismissal or a refusal

6-2 to reemploy according to the procedures provided in NRS 391.311 to

6-3 391.3197, inclusive, without the admonition required by this section, on

6-4 grounds contained in paragraphs (b), (f), (g), (h) and (p) of subsection 1 of

6-5 NRS 391.312.

6-6 Sec. 7. This act becomes effective on July 1, 1999.

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