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.

2-1 The review must include, without limitation, an identification of the level

2-2 of knowledge acquired by the teacher in the field in which he proposes to

2-3 teach, if any. If the department determines that the applicant must satisfy

2-4 additional conditions, the initial license issued to the applicant by the

2-5 superintendent of public instruction must specifically set forth in writing

2-6 all such conditions on the license. If the department determines that the

2-7 applicant is not required to satisfy additional conditions before he is

2-8 eligible to renew his license, the initial license issued to the applicant by

2-9 the superintendent of public instruction must contain a written statement

2-10 to that effect.

2-11 2. The superintendent of public instruction shall not renew the initial

2-12 license of a person who has not satisfactorily completed the conditions for

2-13 renewal set forth on his license, if any.

2-14 3. The commission shall adopt regulations that prescribe the

2-15 conditions that may be placed on an initial license to teach before the

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

2-17 include, without limitation, additional course work that must be

2-18 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, in accordance with the regulations adopted by the commission

2-21 pursuant to subparagraph (5) of paragraph (a) of subsection 1 of NRS

2-22 391.019, that he possesses sufficient knowledge in teaching basic reading

2-23 skills, including, without limitation, providing instruction in phonics.

2-24 Sec. 4. NRS 391.019 is hereby amended to read as follows:

2-25 391.019 1. Except as otherwise provided in NRS 391.027, the

2-43 administrator, including, without limitation, the type of experience that is

3-1 required for the endorsement. Experience as a school teacher, school

3-2 counselor or school librarian must apply toward the experience required.

3-3 (7) Setting forth the qualifications and requirements for obtaining a

3-4 license or endorsement to teach American Sign Language.

3-5 (b) May adopt such other regulations as it deems necessary for its own

3-6 government or to carry out its duties.

3-7 2. Any regulation which increases the amount of education, training or

3-8 experience required for licensing:

3-9 (a) Must, in addition to the requirements for publication in chapter 233B

3-10 of NRS, be publicized before its adoption in a manner reasonably calculated

3-11 to inform those persons affected by the change.

3-12 (b) Must not become effective until at least 1 year after the date it is

3-13 adopted by the commission.

3-14 (c) Is not applicable to a license in effect on the date the regulation

3-15 becomes effective.

3-16 Sec. 5. NRS 391.031 is hereby amended to read as follows:

3-17 391.031 There are the following kinds of licenses for teachers and other

3-32 license.

3-33 Sec. 6. NRS 391.033 is hereby amended to read as follows:

3-34 391.033 1. All licenses for teachers and other educational personnel

3-42 superintendent to forward the fingerprints to the Federal Bureau of

4-1 Investigation and to the central repository for Nevada records of criminal

4-2 history for their reports on the criminal history of the applicant.

4-3 (b) Transcripts of his academic record at colleges or other educational

4-4 institutions.

4-5 4. The superintendent may issue a provisional license pending receipt

4-6 of the reports of the Federal Bureau of Investigation and the central

4-7 repository for Nevada records of criminal history if he determines that the

4-8 applicant is otherwise qualified.

4-9 5. A license must be issued to an applicant if:

4-10 (a) The superintendent determines that the applicant is qualified;

4-11 (b) The reports on the criminal history of the applicant from the Federal

4-12 Bureau of Investigation and the central repository for Nevada records of

4-13 criminal history:

4-14 (1) Do not indicate that the applicant has been convicted of a felony or

4-15 any offense involving moral turpitude; or

4-16 (2) Indicate that the applicant has been convicted of a felony or an

4-17 offense involving moral turpitude but the superintendent determines that the

4-18 conviction is unrelated to the position within the county school district for

4-19 which the applicant applied; and

4-20 (c) The applicant submits the statement required pursuant to NRS

4-21 391.034.

4-22 Sec. 7. NRS 391.037 is hereby amended to read as follows:

4-23 391.037 1. The state board shall:

4-40 the state board.

4-41 Sec. 8. NRS 391.100 is hereby amended to read as follows:

4-42 391.100 1. The board of trustees of a school district may employ a

4-43 superintendent of schools, teachers and all other necessary employees.

5-1 2. The board of trustees of a school district [:] shall not employ a

5-2 teacher to provide instruction more than 50 percent of the school day in

5-3 English, mathematics, science or social studies in a junior high school or

5-4 in a middle school in which those subjects are taught to a pupil by

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

5-6 (a) License to teach middle school or junior high school with an

5-7 endorsement to teach in the subject area for which he provides

5-8 instruction; or

5-9 (b) License to teach secondary education with an endorsement to teach

5-10 in the subject area for which he provides instruction.

5-11 3. The board of trustees of a school district:

5-12 (a) May employ teacher aides and other auxiliary, nonprofessional

5-13 personnel to assist licensed personnel in the instruction or supervision of

5-14 children, either in the classroom or at any other place in the school or on the

5-15 grounds thereof; and

5-16 (b) Shall establish policies governing the duties and performance of

5-17 teacher aides.

5-18 [3.] 4. Each applicant for employment pursuant to this section, except a

5-19 teacher or other person licensed by the superintendent of public instruction,

5-20 must, as a condition to employment, submit to the school district a full set of

5-21 his fingerprints and written permission authorizing the school district to

5-22 forward the fingerprints to the Federal Bureau of Investigation and the

5-23 central repository for Nevada records of criminal history for their reports on

5-24 the criminal history of the applicant.

5-25 [4.] 5. The board of trustees of a school district may employ or appoint

5-26 persons to serve as school police officers.

5-27 Sec. 9. NRS 391.3125 is hereby amended to read as follows:

5-28 391.3125 1. It is the intent of the legislature that a uniform system be

5-42 criterion, must be used in the dismissal process.

6-1 3. A conference and a written evaluation for a probationary employee

6-2 must be concluded no later than:

6-3 (a) December 1;

6-4 (b) February 1; and

6-5 (c) April 1,

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

6-7 employee assigned to a school that operates all year must be evaluated at

6-8 least three times during each 12 months of employment on a schedule

6-9 determined by the board.

6-10 4. Whenever an administrator charged with the evaluation of a

6-11 probationary employee believes the employee will not be reemployed for

6-12 the second or third year of the probationary period or the school year

6-13 following the probationary period, he shall bring the matter to the

6-14 employee’s attention in a written document which is separate from the

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

6-16 must include the reasons for the potential decision not to reemploy or refer

6-17 to the evaluation in which the reasons are stated. Such a notice is not

6-18 required if the probationary employee has received a letter of admonition

6-19 during the current school year.

6-20 5. Each postprobationary teacher must be evaluated at least once each

6-21 year.

6-22 6. The evaluation of a probationary teacher or a postprobationary

6-23 teacher must, if necessary, include recommendations for improvements in

6-24 his performance. A reasonable effort must be made to assist the teacher to

6-25 correct any deficiencies noted in the evaluation. The teacher must receive a

6-26 copy of each evaluation not later than 15 days after the evaluation. A copy

6-27 of the evaluation and the teacher’s response must be permanently attached

6-28 to the teacher’s personnel file.

6-29 7. Except as otherwise provided in this subsection, at least once each

6-30 year an administrator who is charged with the evaluation of the teacher

6-31 shall observe:

6-32 (a) For a postprobationary teacher, at least 120 minutes of the

6-33 performance of the teacher in the classroom.

6-34 (b) For a probationary teacher, at least 180 minutes of the

6-35 performance of the teacher in the classroom.

6-36 In lieu of observing an employee for the required number of minutes of

6-37 instruction, the board may prescribe the number of class periods,

6-38 equivalent to the number of minutes of instruction set forth in paragraphs

6-39 (a) and (b), that an administrator is required to observe an employee.

6-40 Sec. 10. NRS 391.313 is hereby amended to read as follows:

6-41 391.313 1. Whenever an administrator charged with supervision of a

6-43 reason that he believes may lead to demotion, dismissal or cause the

7-1 employee not to be reemployed under the provisions of NRS 391.312, he

7-2 shall:

7-3 (a) Except as otherwise provided in subsection 2, bring the matter to the

7-4 attention of the employee involved, in writing, stating the reasons for the

7-5 admonition and that it may lead to his demotion, dismissal or a refusal to

7-6 reemploy him, and make a reasonable effort to assist the employee to

7-7 correct whatever appears to be the cause for his potential demotion,

7-8 dismissal or a potential recommendation not to reemploy him; and

7-9 (b) Except as otherwise provided in NRS 391.314, allow reasonable time

7-10 for improvement, which must not exceed 3 months for the first
7-11 admonition.

7-12 An admonition issued to a licensed employee who, within the time granted

7-13 for improvement, has met the standards set for him by the administrator who

7-14 issued the admonition must be removed from the records of the employee

7-15 together with all notations and indications of its having been issued. The

7-16 admonition must be removed from the records of the employee not later

7-17 than 3 years after it is issued.

7-18 2. An administrator need not admonish an employee pursuant to

7-19 paragraph (a) of subsection 1 if his employment will be terminated pursuant

7-20 to NRS 391.3197. If by February 15 of the first , [or] second or third year

7-21 of his probationary period a probationary employee does not receive a

7-22 written notice pursuant to subsection 4 of NRS 391.3125 of a potential

7-23 decision not to reemploy him, he must receive an admonition before any

7-24 such decision is made.

7-25 3. A licensed employee is subject to immediate dismissal or a refusal to

7-26 reemploy according to the procedures provided in NRS 391.311 to

7-27 391.3197, inclusive, without the admonition required by this section, on

7-28 grounds contained in paragraphs (b), (f), (g), (h) and (p) of subsection 1 of

7-29 NRS 391.312.

7-30 Sec. 11. NRS 391.3197 is hereby amended to read as follows:

7-31 391.3197 1. A probationary employee is employed on a contract basis

7-43 his acceptance of reemployment.

8-1 3. If a probationary employee is assigned to a school that operates all

8-2 year, the board shall notify [him] the employee in writing [, in] no later

8-3 than 45 days before his last day of work for the year under his contract:

8-4 (a) In both the first and second years of his probationary period, [no

8-5 later than 45 days before his last day of work for the year under his contract]

8-6 as appropriate, whether he is to be reemployed for the second or third year

8-7 of the probationary period . [or]

8-8 (b) In the third year of his probationary period, whether he is to be

8-9 reemployed for the next school year as a postprobationary employee. [He]

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

8-11 of notification of his acceptance or rejection of reemployment for another

8-12 year. Failure to advise the board of his acceptance of reemployment

8-13 constitutes rejection of the contract.

8-14 [3.] 4. A probationary employee who completes his [2-year]

8-15 probationary period of 3 years and receives a notice of reemployment from

8-16 the school district in the [second] third year of his probationary period is

8-17 entitled to be a postprobationary employee in the ensuing year of

8-18 employment.

8-19 [4.] 5. A probationary employee who receives an unsatisfactory

8-20 evaluation may request a supplemental evaluation by another administrator

8-21 in the school district selected by him and the superintendent. If a school

8-22 district has five or fewer administrators, the supplemental evaluator may be

8-23 an administrator from another school district in the state. [If a probationary

8-24 employee has received during the first school year of his probationary

8-25 period three evaluations which state that the employee’s overall

8-26 performance has been satisfactory, the superintendent of schools of the

8-27 school district or his designee shall waive the second year of the employee’s

8-28 probationary period by expressly providing in writing on the final

8-29 evaluation of the employee for the first probationary year that the second

8-30 year of his probationary period is waived. Such an employee is entitled to

8-31 be a postprobationary employee in the ensuing year of employment.

8-32 5.] 6. If a probationary employee is notified that he will not be

8-33 reemployed for the second or third year of his probationary period or the

8-34 ensuing school year, his employment ends on the last day of the current

8-35 school year. The notice that he will not be reemployed must include a

8-36 statement of the reasons for that decision.

8-37 [6.] 7. A new employee or a postprobationary teacher who is employed

8-38 as an administrator shall be deemed to be a probationary employee for the

8-39 purposes of this section and must serve a [2-year] probationary period of 3

8-40 years as an administrator in accordance with the provisions of this section.

8-41 [If the administrator does not receive an unsatisfactory evaluation during the

8-42 first year of probation, the superintendent or his designee shall waive the

8-43 second year of the administrator’s probationary period. Such an

9-1 administrator is entitled to be a postprobationary employee in the ensuing

9-2 year of employment.] If a postprobationary teacher who is an administrator

9-3 is not reemployed in that capacity after [either year] the completion of his

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

9-5 school year in writing on or before May 10. If he fails to accept the contract

9-6 as a teacher, he shall be deemed to have rejected the offer of a contract as a

9-7 teacher.

9-8 [7.] 8. An administrator who has completed his probationary period

9-9 pursuant to subsection [6] 7 and is thereafter promoted to the position of

9-10 principal must serve an additional probationary period of 1 year in the

9-11 position of principal. If the administrator serving the additional probationary

9-12 period is not reemployed in that capacity after the expiration of the

9-13 additional probationary period, he may accept a contract for the ensuing

9-14 school year, in writing, on or before May 10, for the administrative position

9-15 in which he attained postprobationary status. If he fails to accept such a

9-16 contract, he shall be deemed to have rejected the offer of employment.

9-17 [8.] 9. Before dismissal, the probationary employee is entitled to a

9-18 hearing before a hearing officer which affords due process as set out in NRS

9-19 391.311 to 391.3196, inclusive.

9-20 Sec. 12. NRS 391.350 is hereby amended to read as follows:

9-21 391.350 1. Any teacher or other licensed employee employed by any

9-43 391.322 and 391.323.

10-1 3. The superintendent of public instruction shall notify state agencies

10-2 for education in other states of any revocation pursuant to this section.

10-3 Sec. 13. NRS 289.190 is hereby amended to read as follows:

10-4 289.190 1. A person employed or appointed to serve as a school

10-19 property.

10-20 Sec. 14. 1. Not later than January 1, 2000, the commission on

10-21 professional standards in education shall adopt regulations prescribing the:

10-22 (a) Conditions of renewal that may be placed on an initial license to

10-23 teach pursuant to section 2 of this act.

10-24 (b) Requirements and qualifications for the issuance of a license to teach

10-25 middle school or junior high school.

10-26 2. The regulations adopted pursuant to this section become effective on

10-27 or before July 1, 2000.

10-28 Sec. 15. Not later than July 1, 2000, the commission on professional

10-29 standards in education shall adopt regulations setting forth, without

10-30 limitation:

10-31 1. The educational requirements that a teacher who teaches in an

10-32 elementary school must satisfy to demonstrate sufficient knowledge of

10-33 teaching basic reading skills, including, without limitation, providing

10-34 instruction in phonics.

10-35 2. The date by which a teacher who holds a license to teach that was

10-36 issued on or after July 1, 2000, must satisfy these educational requirements.

10-37 3. The conditions under which a teacher will be required to submit

10-38 evidence that he has satisfied these educational requirements.

10-39 Sec. 16. The amendatory provisions of section 3 of this act do not

10-40 apply to a teacher who holds a license to teach that was issued before July 1,

10-41 2000.

10-42 Sec. 17. 1. A teacher who holds a license to teach that was issued

10-43 before July 1, 2000, and who teaches English, mathematics, science or

11-1 social studies in a middle school or junior high school, is not required to

11-2 obtain a license to teach middle school or junior high school with an

11-3 endorsement to teach in the subject area for which he provides instruction

11-4 or a license to teach secondary education with an endorsement to teach in

11-5 the subject area for which he provides instruction.

11-6 2. The amendatory provisions of section 8 of this act do not apply to the

11-7 employment of a teacher by a board of trustees of a school district before

11-8 July 1, 2000.

11-9 Sec. 18. 1. This section and sections 1 to 7, inclusive, and 9 to 17,

11-10 inclusive, of this act become effective on July 1, 1999.

11-11 2. Section 8 of this act becomes effective on July 1, 2000.