Assembly Bill No. 43–Assemblywoman Segerblom

Prefiled January 21, 1999

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Referred to Committee on Education

 

SUMMARY—Revises provisions governing rights of licensed educational personnel regarding certain disciplinary procedures. (BDR 34-225)

FISCAL NOTE: Effect on Local Government: No.

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; removing the exemption from certain disciplinary procedures that is provided for licensed educational personnel who have negotiated their employment contracts pursuant to the Local Government Employee-Management Relations Act; revising certain procedures regarding the admonishment of licensed educational personnel; revising the provisions governing the immediate suspension of licensed educational personnel under certain circumstances; providing that certain employees who have been suspended, dismissed or not reemployed are entitled to compensation and reinstatement; 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. NRS 386.365 is hereby amended to read as follows:

1-2 386.365 1. Except as otherwise provided in subsection 3, each board

1-3 of trustees in [any county having a population of] a county whose

1-4 population is 100,000 or more shall [give 15 days’] provide notice of its

1-5 intention to adopt, repeal or amend a policy or regulation of the board

1-6 concerning any of the subjects set forth in subsection 4 [.] at least 15 days

1-7 before the date of the meeting during which the matter will be considered.

1-8 The notice must:

1-9 (a) Include a description of the [subject or subjects involved and must

1-10 state] subjects that are scheduled to be considered by the board of trustees

1-11 during the meeting;

1-12 (b) Include the time and place of the meeting [at which the matter will be

1-13 considered by the board; and

1-14 (b)] ; and

2-1 (c) Be mailed to the following persons [from each of the schools

2-2 affected:] who are employed by or affiliated with a school that may be

2-3 affected by the adoption, repeal or amendment of a policy or regulation of

2-4 the board of trustees:

2-5 (1) The principal;

2-6 (2) The president of the parent-teacher association or similar body;

2-7 and

2-8 (3) The president of the classroom teachers’ organization or other

2-9 collective bargaining agent.

2-10 A copy of the notice and of the terms of each proposed policy or regulation,

2-11 or change in a policy or regulation, must be made available for inspection

2-12 by the public in the office of the superintendent of schools of the school

2-13 district at least 15 days before [its adoption.] the adoption of the policy or

2-14 regulation.

2-15 2. All persons interested in a proposed policy or regulation or change in

2-16 a policy or regulation must be afforded a reasonable opportunity to submit

2-17 data, views or arguments, orally or in writing. The board of trustees shall

2-18 consider all written and oral submissions respecting the proposal or change

2-19 before taking final action.

2-20 3. Emergency policies or regulations may be adopted by [the] a board

2-21 of trustees upon [its own] a finding by the board that an emergency exists.

2-22 4. This section applies to policies and regulations concerning:

2-23 (a) Attendance rules;

2-24 (b) Zoning;

2-25 (c) Grading;

2-26 (d) District staffing patterns;

2-27 (e) Curriculum and program;

2-28 (f) Pupil discipline; and

2-29 (g) Personnel, [except with respect to dismissals and refusals to reemploy

2-30 covered by contracts entered into as a result of the Local Government

2-31 Employee-Management Relations Act, as provided in NRS 391.3116.]

2-32 including, without limitation, policies and regulations concerning

2-33 dismissals of licensed personnel pursuant to the provisions of NRS

2-34 391.314.

2-35 Sec. 2. NRS 391.3116 is hereby amended to read as follows:

2-36 391.3116 [The] Except as otherwise provided in NRS 391.314, the

2-37 provisions of NRS 391.311 to 391.3197, inclusive, do not apply to a

2-38 teacher, administrator [,] or other licensed employee who has entered into a

2-39 contract with the board negotiated pursuant to chapter 288 of NRS if the

2-40 contract contains separate provisions relating to the board’s right to dismiss

2-41 or refuse to reemploy the employee or demote an administrator.

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

3-2 391.313 1. [Whenever] Except as otherwise provided in subsections

3-3 3 and 4, if an administrator who is charged with the supervision of a

3-4 licensed employee believes that it is necessary to admonish the employee

3-5 for a reason [that he believes] which may lead to the demotion [,] or

3-6 dismissal of the employee or cause the employee not to be reemployed

3-7 [under] pursuant to the provisions of NRS 391.312, [he] the administrator

3-8 shall:

3-9 (a) [Except as otherwise provided in subsection 2, bring the matter to the

3-10 attention of] Provide written notice to the employee , [involved, in writing,]

3-11 stating the reasons for the admonition and that it may lead to [his demotion,]

3-12 the employee’s demotion or dismissal or a refusal to reemploy him [, and

3-13 make] ;

3-14 (b) Make a reasonable effort to assist the employee [to correct whatever

3-15 appears to be] in correcting the probable cause for his potential demotion

3-16 [,] or dismissal or a potential recommendation not to reemploy him; and

3-17 [(b)] (c) Except as otherwise provided in NRS 391.314, allow reasonable

3-18 time for improvement, which must not exceed 3 months for the first

3-19 admonition.

3-20 2. An admonition issued to a licensed employee who, within the time

3-21 granted for improvement, has met the standards set for him by the

3-22 administrator who issued the admonition must be removed immediately

3-23 from the records of the employee together with all notations and indications

3-24 of its having been issued. [The admonition must be removed from the

3-25 records of the employee not later than 3 years after it is issued.

3-26 2. An administrator need not admonish an employee pursuant to

3-27 paragraph (a) of subsection 1 if his employment]

3-28 3. Except as otherwise provided in this subsection, an administrator is

3-29 not required to admonish a probationary employee if the employee will be

3-30 terminated pursuant to NRS 391.3197. If , by February 15 of the first or

3-31 second year of his probationary period , a probationary employee does not

3-32 receive a written notice pursuant to subsection 4 of NRS 391.3125 of a

3-33 potential decision not to reemploy him, he must receive an admonition

3-34 before any such decision is made.

3-35 [3.] 4. A licensed employee is subject to immediate dismissal or a

3-36 refusal to reemploy according to the procedures [provided] set forth in NRS

3-37 391.311 to 391.3197, inclusive, without the admonition required by this

3-38 section, on the grounds [contained] set forth in paragraphs (b), (f), (g), (h)

3-39 and (p) of subsection 1 of NRS 391.312. If after such a dismissal or

3-40 refusal occurs, it is determined that sufficient grounds for the dismissal or

3-41 nonreemployment did not exist, the employee must be reinstated to the

4-1 position that he held before the dismissal or nonreemployment and, if

4-2 feasible and the employee does not object, to the school in which he held

4-3 that position.

4-4 Sec. 4. NRS 391.314 is hereby amended to read as follows:

4-5 391.314 1. If a superintendent has reason to believe that cause exists

4-6 for the dismissal of a licensed employee and [he] the superintendent is of

4-7 the opinion that the immediate suspension of the employee is necessary [in

4-8 the best interests of] to protect the pupils in the school district [,] or the

4-9 employees of the school district from harm, the superintendent may

4-10 suspend the employee without prior notice and without a hearing. The

4-11 superintendent shall notify the employee in writing of the suspension.

4-12 The notice must set forth the factual basis for the superintendent’s

4-13 determination that the immediate suspension of the employee is

4-14 necessary to protect the pupils or employees from harm. If the dismissal

4-15 of the employee is upheld but the hearing officer determines that

4-16 sufficient grounds for the immediate suspension of the employee did not

4-17 exist at the time of the suspension, the employee is entitled to back pay

4-18 and benefits, plus interest, for the period during which he would have

4-19 been employed if the superintendent had not caused his immediate

4-20 suspension.

4-21 2. Notwithstanding the provisions of NRS 391.312, a superintendent

4-22 may suspend a licensed employee who has been officially charged but not

4-23 yet convicted of a felony or a crime involving moral turpitude or

4-24 immorality. If the charge is dismissed or if the employee is found not

4-25 guilty, he must be reinstated with back pay, plus interest, and normal

4-26 seniority. The superintendent shall notify the employee in writing of the

4-27 suspension.

4-28 [2.] 3. Within 5 days after a suspension becomes effective, the

4-29 superintendent shall begin proceedings pursuant to the provisions of NRS

4-30 391.312 to [391.3196,] 391.3197, inclusive, to effect the employee’s

4-31 dismissal. The employee is entitled to continue to receive his salary and

4-32 other benefits after the suspension becomes effective until the date on

4-33 which the dismissal proceedings are commenced. The superintendent may

4-34 recommend that an employee who has been charged with a felony or a

4-35 crime involving immorality be dismissed for another ground set forth in

4-36 NRS 391.312.

4-37 [3.] 4. If sufficient grounds for dismissal do not exist, the employee

4-38 must be reinstated [with] :

4-39 (a) With full compensation, plus interest [.

4-40 4.] ;

4-41 (b) To the position he held before his suspension; and

4-42 (c) If feasible and the employee does not object, to the school in which

4-43 he held that position.

5-1 5. A licensed employee who furnishes to the school district a bond or

5-2 other security which is acceptable to the board as a guarantee that he will

5-3 repay any amounts paid to him pursuant to this subsection as salary during

5-4 a period of suspension is entitled to continue to receive his salary from the

5-5 date on which the dismissal proceedings are commenced until the decision

5-6 of the board or the report of the hearing officer, if the report is final and

5-7 binding. The board shall not unreasonably refuse to accept security other

5-8 than a bond. An employee who receives salary pursuant to this subsection

5-9 shall repay it if he is dismissed or not reemployed as a result of a decision

5-10 of the board or a report of a hearing officer.

5-11 [5.] 6. A licensed employee who is convicted of a crime which requires

5-12 registration pursuant to NRS 179D.200 to 179D.290, inclusive, or

5-13 179D.350 to 179D.550, inclusive, or is convicted of an act forbidden by

5-14 NRS 200.508, 201.190 or 201.265 forfeits all rights of employment from

5-15 the date of his arrest.

5-16 [6.] 7. A licensed employee who is convicted of any crime and who is

5-17 sentenced to and serves any sentence of imprisonment forfeits all rights of

5-18 employment from the date of his arrest or the date on which his employment

5-19 terminated, whichever is later.

5-20 [7.] 8. A licensed employee who is charged with a felony or a crime

5-21 involving immorality or moral turpitude and who waives his right to a

5-22 speedy trial while suspended may receive no more than 12 months of back

5-23 pay and seniority upon reinstatement if he is found not guilty or the charges

5-24 are dismissed, unless proceedings have been begun to dismiss the employee

5-25 upon one of the other grounds set forth in NRS 391.312.

5-26 [8.] 9. A superintendent may discipline a licensed employee by

5-27 suspending the employee with loss of pay at any time after a hearing has

5-28 been held which affords the due process provided for in this chapter. The

5-29 grounds for suspension are the same as the grounds contained in NRS

5-30 391.312. An employee may be suspended more than once during the

5-31 employee’s contract year, but the total number of days of suspension may

5-32 not exceed 20 [in 1] during the employee’s contract year. Unless

5-33 circumstances require otherwise, the suspensions must be progressively

5-34 longer.

5-35 10. The provisions of this section apply to a licensed employee

5-36 regardless of whether he has entered into a contract with the board that

5-37 was negotiated pursuant to chapter 288 of NRS.

5-38 Sec. 5. This act becomes effective on July 1, 1999.

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