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:
1-1
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.1-15
3. A probationary teacher and the administrator charged with the1-16
supervision of the probationary teacher may agree in writing to1-17
discontinue the assignment of the teacher who serves as the mentor for2-1
the probationary teacher or select another teacher to serve as a mentor2-2
for the probationary teacher.2-3
4. A teacher who is assigned to serve as a mentor shall:2-4
(a) Regularly consult with, observe and otherwise assist the2-5
probationary teacher in improving his teaching skills during the period2-6
of his probationary employment;2-7
(b) Identify areas of weakness, if any, of the probationary teacher and2-8
assist the teacher in improving upon those areas; and2-9
(c) Recommend additional course work, supervised clinical experience2-10
or supervised field experience for the probationary teacher if the mentor2-11
believes that the course work or experience would improve the2-12
performance of the probationary teacher.2-13
5. A teacher who serves as a mentor shall not participate in:2-14
(a) The evaluation of the performance of the probationary teacher.2-15
(b) Any decision concerning the continuation of employment of the2-16
probationary teacher.2-17
6. A teacher who is assigned to serve as a mentor may be:2-18
(a) Compensated for his services as a mentor; and2-19
(b) Released from his other duties as necessary to provide assistance2-20
as a mentor,2-21
as provided by his contract of employment or any applicable collective2-22
bargaining agreement.2-23
7. Except as otherwise required by a court of competent jurisdiction,2-24
any notes, memoranda or other communications, in whatever form,2-25
between a probationary teacher and his mentor are confidential and2-26
must not be released or disclosed by the mentor to a third person without2-27
the written consent of the probationary teacher. A probationary teacher2-28
must not be required to provide such consent as a condition of2-29
employment or continued employment. A probationary teacher has the2-30
privilege to refuse to disclose and to prevent any person from disclosing2-31
any confidential communication between the probationary teacher and2-32
his mentor.2-33
8. A teacher who serves as a mentor to a probationary teacher is not2-34
liable to the probationary teacher or to any third person for any loss or2-35
damage caused by the performance of his duties as a mentor that occur2-36
within the course and scope of his employment.2-37
9. A collective bargaining agreement entered into by a school district2-38
pursuant to chapter 288 of NRS that governs the employment of teachers2-39
may provide for the evaluation or modification of the assistance provided3-1
by mentors to probationary teachers if the terms of the collective3-2
bargaining agreement do not conflict with the requirements of this3-3
section.3-4
10. As used in this section, "bargaining agent" has the meaning3-5
ascribed to it in NRS 288.027.3-6
Sec. 3. 1. The board of trustees of each school district shall3-7
establish a committee for the professional development of teachers. Each3-8
such committee shall design, develop and coordinate programs of3-9
continuing education, training and other programs and activities to3-10
promote the professional development of teachers employed by the school3-11
district.3-12
2. The board of trustees of a school district shall, in consultation3-13
with the bargaining agent, if any, of the teachers employed by the school3-14
district, appoint the members of the committee and set forth any3-15
additional duties for the committee. A majority of the members of the3-16
committee must be teachers, each of whom must have at least 5 years of3-17
experience teaching.3-18
3. As used in this section, "bargaining agent" has the meaning3-19
ascribed to it in NRS 288.027.3-20
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 section3-22
2 of this act, unless the context otherwise requires:3-23
1. "Administrator" means any employee who holds a license as an3-24
administrator and who is employed in that capacity by a school district.3-25
2. "Board" means the board of trustees of the school district in which a3-26
licensed employee affected by NRS 391.311 to 391.3197, inclusive, and3-27
section 2 of this act is employed.3-28
3. "Demotion" means demotion of an administrator to a position of3-29
lesser rank, responsibility or pay and does not include transfer or3-30
reassignment for purposes of an administrative reorganization.3-31
4. "Immorality" means an act forbidden by NRS 200.366, 200.368,3-32
200.400, 200.508, 201.180, 201.190, 201.210, 201.220, 201.230, 201.2653-33
or 207.260.3-34
5. "Postprobationary employee" means an administrator or a teacher3-35
who has completed the probationary period as provided in NRS 391.31973-36
and has been given notice of reemployment.3-37
6. "Probationary employee" means an administrator or a teacher who is3-38
employed for the period set forth in NRS 391.3197.3-39
7. "Superintendent" means the superintendent of a school district or a3-40
person designated by the board or superintendent to act as superintendent3-41
during the absence of the superintendent.4-1
8. "Teacher" means a licensed employee the majority of whose4-2
working time is devoted to the rendering of direct educational service to4-3
pupils of a school district.4-4
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 be4-6
developed for objective evaluation of teachers and other licensed personnel4-7
in each school district.4-8
2. Each board, following consultation with and involvement of elected4-9
representatives of the teachers or their designees, shall develop a policy for4-10
objective evaluations in narrative form. The policy must set forth a means4-11
according to which an employee’s overall performance may be determined4-12
to be satisfactory or unsatisfactory. The policy may include an evaluation4-13
by the teacher, pupils, administrators or other teachers or any combination4-14
thereof. In a similar manner, counselors, librarians and other licensed4-15
personnel must be evaluated on forms developed specifically for their4-16
respective specialties. A copy of the policy adopted by the board must be4-17
filed with the department. The primary purpose of an evaluation is to4-18
provide a format for constructive assistance. Evaluations, while not the sole4-19
criterion, must be used in the dismissal process.4-20
3. A conference and a written evaluation for a probationary employee4-21
must be concluded no later than:4-22
(a) December 1;4-23
(b) February 1; and4-24
(c) April 1,4-25
of each school year of the probationary period, except that a probationary4-26
employee assigned to a school that operates all year must be evaluated at4-27
least three times during each 12 months of employment on a schedule4-28
determined by the board.4-29
4. An administrator charged with the evaluation of a probationary4-30
teacher shall consult with the mentor assigned to the probationary4-31
teacher concerning the performance of the probationary teacher. The4-32
administrator shall identify deficiencies or areas of weakness, if any, so4-33
that the mentor can assist the teacher in improving his performance and4-34
successfully completing his probationary period. This subsection does not4-35
relieve the administrator from providing assistance to a probationary4-36
teacher in accordance with this section.4-37
5. Whenever an administrator charged with the evaluation of a4-38
probationary employee believes the employee will not be reemployed for4-39
the second year of the probationary period or the school year following the4-40
probationary period, he shall bring the matter to the employee’s attention in4-41
a written document which is separate from the evaluation no later than4-42
February 15 of the current school year. The notice must include the reasons4-43
for the potential decision not to reemploy or refer to the evaluation in5-1
which the reasons are stated. Such a notice is not required if the5-2
probationary employee has received a letter of admonition during the5-3
current school year.5-4
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each year.5-6
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teacher must, if necessary, include recommendations for improvements in5-8
his performance. A reasonable effort must be made to assist the teacher to5-9
correct any deficiencies noted in the evaluation. The teacher must receive a5-10
copy of each evaluation not later than 15 days after the evaluation. A copy5-11
of the evaluation and the teacher’s response must be permanently attached5-12
to the teacher’s personnel file.5-13
Sec. 6. NRS 391.313 is hereby amended to read as follows: 391.313 1. Whenever an administrator charged with supervision of a5-15
licensed employee believes it is necessary to admonish the employee for a5-16
reason that he believes may lead to demotion, dismissal or cause the5-17
employee not to be reemployed under the provisions of NRS 391.312, he5-18
shall:5-19
(a) Except as otherwise provided in subsection 2, bring the matter to the5-20
attention of the employee involved, in writing, stating the reasons for the5-21
admonition and that it may lead to his demotion, dismissal or a refusal to5-22
reemploy him, and make a reasonable effort to assist the employee to5-23
correct whatever appears to be the cause for his potential demotion,5-24
dismissal or a potential recommendation not to reemploy him; and5-25
(b) Except as otherwise provided in NRS 391.314, allow reasonable5-26
time for improvement, which must not exceed 3 months for the first5-27
admonition.5-28
An admonition issued to a licensed employee who, within the time granted5-29
for improvement, has met the standards set for him by the administrator5-30
who issued the admonition must be removed from the records of the5-31
employee together with all notations and indications of its having been5-32
issued. The admonition must be removed from the records of the employee5-33
not later than 3 years after it is issued.5-34
2. An administrator need not admonish an employee pursuant to5-35
paragraph (a) of subsection 1 if his employment will be terminated pursuant5-36
to NRS 391.3197. If by February 15 of the first or second year of his5-37
probationary period a probationary employee does not receive a written5-38
notice pursuant to subsection5-39
not to reemploy him, he must receive an admonition before any such5-40
decision is made.5-41
3. A licensed employee is subject to immediate dismissal or a refusal to5-42
reemploy according to the procedures provided in NRS 391.311 to5-43
391.3197, inclusive, without the admonition required by this section, on6-1
grounds contained in paragraphs (b), (f), (g), (h) and (p) of subsection 1 of6-2
NRS 391.312.6-3
Sec. 7. This act becomes effective on July 1, 1999.~