Assembly Amendment to Assembly Bill No. 43 (BDR 34-225)
Proposed by: Committee on Education
Amendment Box:
Amends: Summary: Title: Preamble: Joint Sponsorship:
ASSEMBLY ACTION
Initial and Date | SENATE ACTION Initial and DateAdopted Lost | Adopted Lost
Concurred In Not | Concurred In Not
Receded Not | Receded Not
Amend sec. 3, page 3, by deleting lines 20 through 33 and inserting:
"
2. An admonition issued to a licensed employee who, within the time granted for improvement, has met the standards set for him by the administrator who issued the admonition must be removed immediately from the records of the employee together with all notations and indications of its having been issued.2. An administrator need not admonish an employee pursuant to paragraph (a) of subsection 1 if his employment]".
Amend sec. 3, page 4, line 6, by deleting "feasible," and inserting:
"feasible and the employee does not object,".
Amend sec. 4, page 4, by deleting lines 10 through 42 and inserting:
"the opinion that the immediate suspension of the employee is necessary [in the best interests of] to protect the pupils in the school district [,] or the employees of the school district from harm, the superintendent may suspend the employee without prior notice and without a hearing. The superintendent shall notify the employee in writing of the suspension. The notice must set forth the factual basis for the superintendent’s determination that the immediate suspension of the employee is necessary to protect the pupils or employees from harm. If the dismissal of the employee is upheld but the hearing officer determines that sufficient grounds for the immediate suspension of the employee did not exist at the time of the suspension, the employee is entitled to back pay and benefits, plus interest, for the period during which he would have been employed if the superintendent had not caused his immediate suspension.
2. Notwithstanding the provisions of NRS 391.312, a superintendent may suspend a licensed employee who has been officially charged but not yet convicted of a felony or a crime involving moral turpitude or immorality. If the charge is dismissed or if the employee is found not guilty, he must be reinstated with back pay, plus interest, and normal seniority. The superintendent shall notify the employee in writing of the suspension.
[2.] 3. Within 5 days after a suspension becomes effective, the superintendent shall begin proceedings pursuant to the provisions of NRS 391.312 to [391.3196,] 391.3197, inclusive, to effect the employee’s dismissal. The employee is entitled to continue to receive his salary and other benefits after the suspension becomes effective until the date on which the dismissal proceedings are commenced. The superintendent may recommend that an employee who has been charged with a felony or a crime involving immorality be dismissed for another ground set forth in NRS 391.312.
[3.] 4. If sufficient grounds for dismissal do not exist, the employee must be reinstated [with] :
(a) With full compensation, plus interest [.
4.] ;
(b) To the position he held before his suspension; and
(c) If feasible and the employee does not object, to the school in which he held that position.
5. A licensed employee who furnishes to the school district a bond or other security which is acceptable to the board as a guarantee that he will repay any amounts paid to him pursuant to this subsection as salary during a period of suspension is entitled to continue to receive his salary from the date on which the dismissal proceedings are commenced until the decision of the board or the report of the hearing officer, if the report is final and binding. The board shall not unreasonably refuse to accept security other than a bond. An employee who receives salary pursuant to this subsection shall repay it if he is dismissed or not reemployed as a result of a decision of the board or a report of a hearing officer.
Amend sec. 4, page 5, line 1, by deleting "4.".
Amend sec. 4, page 5, line 6, by deleting "
5." and inserting "7.".Amend sec. 4, page 5, line 10, by deleting "
6." and inserting "8.".Amend sec. 4, page 5, line 16, by deleting "
7." and inserting "9.".Amend sec. 4, page 5, line 25, by deleting "
8." and inserting "10.".Amend the title of the bill by deleting the fifth through ninth lines and inserting:
"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.".