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).

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. The superintendent of public instruction shall ensure that

1-4 the department:

1-5 (a) Reviews the transcripts submitted pursuant to NRS 391.033 by each

1-6 applicant for an initial license to teach; and

1-7 (b) Determines, in accordance with the regulations adopted by the

1-8 commission pursuant to subsection 3, whether the applicant must satisfy

1-9 additional conditions before he is eligible to renew his initial license.

1-10 The review must include, without limitation, an identification of the level

1-11 of knowledge acquired by the teacher in the field in which he proposes to

2-1 teach, if any. If the department determines that the applicant must satisfy

2-2 additional conditions, the initial license issued to the applicant by the

2-3 superintendent of public instruction must specifically set forth in writing

2-4 all such conditions on the license. If the department determines that the

2-5 applicant is not required to satisfy additional conditions before he is

2-6 eligible to renew his license, the initial license issued to the applicant by

2-7 the superintendent of public instruction must contain a written statement

2-8 to that effect.

2-9 2. The superintendent of public instruction shall not renew the initial

2-10 license of a person who has not satisfactorily completed the conditions for

2-11 renewal set forth on his license, if any.

2-12 3. The commission shall adopt regulations that prescribe:

2-13 (a) The process for review of the transcripts of an applicant for an

2-14 initial license to teach.

2-15 (b) The conditions that may be placed on an initial license to teach

2-16 before the holder of the license is eligible to renew his license. Such

2-17 conditions may include, without limitation, additional coursework that

2-18 must be completed by the holder of the initial license.

2-19 Sec. 3. A teacher who teaches in an elementary school shall provide

2-20 evidence satisfactory to the commission, in accordance with the

2-21 regulations adopted by the commission pursuant to subparagraph (5) of

2-22 paragraph (a) of subsection 1 of NRS 391.019, that he possesses

2-23 sufficient knowledge in teaching basic reading skills, including, without

2-24 limitation, providing instruction in phonics.

2-25 Sec. 4. NRS 391.019 is hereby amended to read as follows:

2-26 391.019 1. Except as otherwise provided in NRS 391.027, the

2-43 providing instruction in phonics.

3-1 (6) Setting forth the qualifications and requirements for obtaining a

3-2 license or endorsement to teach American Sign Language.

3-3 (b) May adopt such other regulations as it deems necessary for its own

3-4 government or to carry out its duties.

3-5 2. Any regulation which increases the amount of education, training or

3-6 experience required for licensing:

3-7 (a) Must, in addition to the requirements for publication in chapter 233B

3-8 of NRS, be publicized before its adoption in a manner reasonably calculated

3-9 to inform those persons affected by the change.

3-10 (b) Must not become effective until at least 1 year after the date it is

3-11 adopted by the commission.

3-12 (c) Is not applicable to a license in effect on the date the regulation

3-13 becomes effective.

3-14 Sec. 5. NRS 391.031 is hereby amended to read as follows:

3-15 391.031 There are the following kinds of licenses for teachers and other

3-30 license.

3-31 Sec. 6. NRS 391.033 is hereby amended to read as follows:

3-32 391.033 1. All licenses for teachers and other educational personnel

3-42 history for their reports on the criminal history of the applicant.

4-1 (b) Transcripts of his academic record at colleges or other educational

4-2 institutions.

4-3 4. The superintendent may issue a provisional license pending receipt

4-4 of the reports of the Federal Bureau of Investigation and the central

4-5 repository for Nevada records of criminal history if he determines that the

4-6 applicant is otherwise qualified.

4-7 5. A license must be issued to an applicant if:

4-8 (a) The superintendent determines that the applicant is qualified;

4-9 (b) The reports on the criminal history of the applicant from the Federal

4-10 Bureau of Investigation and the central repository for Nevada records of

4-11 criminal history:

4-12 (1) Do not indicate that the applicant has been convicted of a felony or

4-13 any offense involving moral turpitude; or

4-14 (2) Indicate that the applicant has been convicted of a felony or an

4-15 offense involving moral turpitude but the superintendent determines that the

4-16 conviction is unrelated to the position within the county school district for

4-17 which the applicant applied; and

4-18 (c) The applicant submits the statement required pursuant to NRS

4-19 391.034.

4-20 Sec. 7. NRS 391.037 is hereby amended to read as follows:

4-21 391.037 1. The state board shall:

4-38 the state board.

4-39 Sec. 8. NRS 391.100 is hereby amended to read as follows:

4-40 391.100 1. The board of trustees of a school district may employ a

4-43 teacher to provide instruction more than 50 percent of the school day in

5-1 English, mathematics, science or social studies in a junior high school or

5-2 in a middle school in which those subjects are taught to a pupil by

5-3 different teachers, unless the teacher holds a:

5-4 (a) License to teach middle school or junior high school with an

5-5 endorsement to teach in the subject area for which he provides

5-6 instruction; or

5-7 (b) License to teach secondary education with an endorsement to teach

5-8 in the subject area for which he provides instruction.

5-9 3. The board of trustees of a school district:

5-10 (a) May employ teacher aides and other auxiliary, nonprofessional

5-11 personnel to assist licensed personnel in the instruction or supervision of

5-12 children, either in the classroom or at any other place in the school or on the

5-13 grounds thereof; and

5-14 (b) Shall establish policies governing the duties and performance of

5-15 teacher aides.

5-16 [3.] 4. Each applicant for employment pursuant to this section, except a

5-17 teacher or other person licensed by the superintendent of public instruction,

5-18 must, as a condition to employment, submit to the school district a full set of

5-19 his fingerprints and written permission authorizing the school district to

5-20 forward the fingerprints to the Federal Bureau of Investigation and the

5-21 central repository for Nevada records of criminal history for their reports on

5-22 the criminal history of the applicant.

5-23 [4.] 5. The board of trustees of a school district may employ or appoint

5-24 persons to serve as school police officers.

5-25 Sec. 9. NRS 391.3125 is hereby amended to read as follows:

5-26 391.3125 1. It is the intent of the legislature that a uniform system be

5-43 (a) December 1;

6-1 (b) February 1; and

6-2 (c) April 1,

6-3 of each school year of the probationary period, except that a probationary

6-4 employee assigned to a school that operates all year must be evaluated at

6-5 least three times during each 12 months of employment on a schedule

6-6 determined by the board.

6-7 4. Whenever an administrator charged with the evaluation of a

6-8 probationary employee believes the employee will not be reemployed for

6-9 the second or third year of the probationary period or the school year

6-10 following the probationary period, he shall bring the matter to the

6-11 employee’s attention in a written document which is separate from the

6-12 evaluation no later than February 15 of the current school year. The notice

6-13 must include the reasons for the potential decision not to reemploy or refer

6-14 to the evaluation in which the reasons are stated. Such a notice is not

6-15 required if the probationary employee has received a letter of admonition

6-16 during the current school year.

6-17 5. Each postprobationary teacher must be evaluated at least once each

6-18 year.

6-19 6. The evaluation of a probationary teacher or a postprobationary

6-20 teacher must, if necessary, include recommendations for improvements in

6-21 his performance. A reasonable effort must be made to assist the teacher to

6-22 correct any deficiencies noted in the evaluation. The teacher must receive a

6-23 copy of each evaluation not later than 15 days after the evaluation. A copy

6-24 of the evaluation and the teacher’s response must be permanently attached

6-25 to the teacher’s personnel file.

6-26 7. At least once each year an administrator who is charged with the

6-27 evaluation of the teacher shall observe:

6-28 (a) For a postprobationary teacher, at least 120 minutes of the

6-29 performance of the teacher in the classroom.

6-30 (b) For a probationary teacher, at least 180 minutes of the

6-31 performance of the teacher in the classroom.

6-32 Sec. 10. NRS 391.313 is hereby amended to read as follows:

6-33 391.313 1. Whenever an administrator charged with supervision of a

6-43 dismissal or a potential recommendation not to reemploy him; and

7-1 (b) Except as otherwise provided in NRS 391.314, allow reasonable time

7-2 for improvement, which must not exceed 3 months for the first admonition.

7-3 An admonition issued to a licensed employee who, within the time granted

7-4 for improvement, has met the standards set for him by the administrator who

7-5 issued the admonition must be removed from the records of the employee

7-6 together with all notations and indications of its having been issued. The

7-7 admonition must be removed from the records of the employee not later

7-8 than 3 years after it is issued.

7-9 2. An administrator need not admonish an employee pursuant to

7-10 paragraph (a) of subsection 1 if his employment will be terminated pursuant

7-11 to NRS 391.3197. If by February 15 of the first , [or] second or third year

7-12 of his probationary period a probationary employee does not receive a

7-13 written notice pursuant to subsection 4 of NRS 391.3125 of a potential

7-14 decision not to reemploy him, he must receive an admonition before any

7-15 such decision is made.

7-16 3. A licensed employee is subject to immediate dismissal or a refusal to

7-17 reemploy according to the procedures provided in NRS 391.311 to

7-18 391.3197, inclusive, without the admonition required by this section, on

7-19 grounds contained in paragraphs (b), (f), (g), (h) and (p) of subsection 1 of

7-20 NRS 391.312.

7-21 Sec. 11. NRS 391.3197 is hereby amended to read as follows:

7-22 391.3197 1. A probationary employee is employed on a contract basis

7-43 reemployed for the next school year as a postprobationary employee. [He]

8-1 The employee must advise the board in writing within 10 days after the date

8-2 of notification of his acceptance or rejection of reemployment for another

8-3 year. Failure to advise the board of his acceptance of reemployment

8-4 constitutes rejection of the contract.

8-5 [3.] 4. A probationary employee who completes his [2-year]

8-6 probationary period of 3 years and receives a notice of reemployment from

8-7 the school district in the [second] third year of his probationary period is

8-8 entitled to be a postprobationary employee in the ensuing year of

8-9 employment.

8-10 [4.] 5. A probationary employee who receives an unsatisfactory

8-11 evaluation may request a supplemental evaluation by another administrator

8-12 in the school district selected by him and the superintendent. If a school

8-13 district has five or fewer administrators, the supplemental evaluator may be

8-14 an administrator from another school district in the state. [If a probationary

8-15 employee has received during the first school year of his probationary

8-16 period three evaluations which state that the employee’s overall

8-17 performance has been satisfactory, the superintendent of schools of the

8-18 school district or his designee shall waive the second year of the employee’s

8-19 probationary period by expressly providing in writing on the final

8-20 evaluation of the employee for the first probationary year that the second

8-21 year of his probationary period is waived. Such an employee is entitled to

8-22 be a postprobationary employee in the ensuing year of employment.

8-23 5.] 6. If a probationary employee is notified that he will not be

8-24 reemployed for the second or third year of his probationary period or the

8-25 ensuing school year, his employment ends on the last day of the current

8-26 school year. The notice that he will not be reemployed must include a

8-27 statement of the reasons for that decision.

8-28 [6.] 7. A new employee or a postprobationary teacher who is employed

8-29 as an administrator shall be deemed to be a probationary employee for the

8-30 purposes of this section and must serve a [2-year] probationary period of 3

8-31 years as an administrator in accordance with the provisions of this section.

8-32 [If the administrator does not receive an unsatisfactory evaluation during the

8-33 first year of probation, the superintendent or his designee shall waive the

8-34 second year of the administrator’s probationary period. Such an

8-35 administrator is entitled to be a postprobationary employee in the ensuing

8-36 year of employment.] If a postprobationary teacher who is an administrator

8-37 is not reemployed in that capacity after [either year] the completion of his

8-38 probationary period, he may accept a contract as a teacher for the ensuing

8-39 school year in writing on or before May 10. If he fails to accept the contract

8-40 as a teacher, he shall be deemed to have rejected the offer of a contract as a

8-41 teacher.

8-42 [7.] 8. An administrator who has completed his probationary period

8-43 pursuant to subsection [6] 7 and is thereafter promoted to the position of

9-1 principal must serve an additional probationary period of 1 year in the

9-2 position of principal. If the administrator serving the additional probationary

9-3 period is not reemployed in that capacity after the expiration of the

9-4 additional probationary period, he may accept a contract for the ensuing

9-5 school year, in writing, on or before May 10, for the administrative position

9-6 in which he attained postprobationary status. If he fails to accept such a

9-7 contract, he shall be deemed to have rejected the offer of employment.

9-8 [8.] 9. Before dismissal, the probationary employee is entitled to a

9-9 hearing before a hearing officer which affords due process as set out in NRS

9-10 391.311 to 391.3196, inclusive.

9-11 Sec. 12. NRS 391.350 is hereby amended to read as follows:

9-12 391.350 1. Any teacher or other licensed employee employed by any

9-36 for education in other states of any revocation pursuant to this section.

9-37 Sec. 13. NRS 289.190 is hereby amended to read as follows:

9-38 289.190 1. A person employed or appointed to serve as a school

9-43 the intents and purposes of NRS 393.071 to 393.0719, inclusive.

10-1 3. Members of every board of trustees of a school district,

10-2 superintendents of schools, principals and teachers have concurrent power

10-3 with peace officers for the protection of children in school and on the way to

10-4 and from school, and for the enforcement of order and discipline among

10-5 such children, including children who attend school within one school

10-6 district but reside in an adjoining school district or adjoining state, pursuant

10-7 to the provisions of chapter 392 of NRS. This subsection must not be

10-8 construed so as to make it the duty of superintendents of schools, principals

10-9 and teachers to supervise the conduct of children while not on the school

10-10 property.

10-11 Sec. 14. 1. Not later than January 1, 2000, the commission on

10-12 professional standards in education shall adopt regulations prescribing the:

10-13 (a) Conditions of renewal that may be placed on an initial license to

10-14 teach pursuant to section 2 of this act.

10-15 (b) Requirements and qualifications for the issuance of a license to teach

10-16 middle school or junior high school.

10-17 2. The regulations adopted pursuant to this section become effective on

10-18 or before July 1, 2000.

10-19 Sec. 15. Not later than July 1, 2000, the commission on professional

10-20 standards in education shall adopt regulations setting forth, without

10-21 limitation:

10-22 1. The educational requirements that a teacher who teaches in an

10-23 elementary school must satisfy to demonstrate sufficient knowledge of

10-24 teaching basic reading skills, including, without limitation, providing

10-25 instruction in phonics.

10-26 2. The date by which a teacher who holds a license to teach that was

10-27 issued on or before July 1, 2000, must satisfy these educational

10-28 requirements.

10-29 3. The conditions under which a teacher will be required to submit

10-30 evidence that he has satisfied these educational requirements.

10-31 Sec. 16. 1. This section and sections 1 to 7, inclusive, and 9 to 15,

10-32 inclusive, of this act become effective on July 1, 1999.

10-33 2. Section 8 of this act becomes effective on July 1, 2000.